Electoral Act 1992

An Act relating to the parliamentary elections, and for other purposes

1Short title

This Act may be cited as the Electoral Act 1992.

2Definitions

The dictionary in schedule 1 defines particular words used in this Act.

s 2 orig s 2 om 1 December 1994 RA s 37

prev s 2 ins 2002 No. 8 s 4

om 2008 No. 47 s 4

pres s 2 amd 2020 No. 20 s 4(6)

Note—s 2 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in s 2 are located in annotations for sch 1.

3Average number of enrolled electors for electoral districts

(1)In this Act—

average number of enrolled electors for electoral districts means the number worked out by dividing the total number of enrolled electors for all electoral districts by 93.

(2)If the number includes a fraction, the number must be rounded to the nearest whole number (rounding one-half upwards).

s 3 amd 2016 No. 20 s 7

4When electoral redistribution etc. becomes final

For the purpose of this Act, any electoral redistribution undertaken under this Act becomes final when all appeals, and proceedings in relation to appeals, that have been instituted under section 57 have been determined and the time for all such appeals and proceedings to be instituted has passed.

5Related political parties

For the purposes of this Act, 2 political parties are related political parties if—

(a)1 is a part of the other; or

(b)both are parts of the same political party.

6Establishment of Electoral Commission of Queensland etc.

(1)A commission called the Electoral Commission of Queensland is established.

(2)When the commission is performing its functions under part 3, the commission consists of the following commissioners—

(a)the chairperson;

(b)the electoral commissioner;

(c)1 other commissioner.

(3)When the commission is performing its functions other than its functions under part 3, the commission consists solely of the electoral commissioner.

(4)The chairperson and the nonjudicial appointee—

(a)are to be appointed by the Governor in Council; and

(b)hold office on a part-time basis.

(5)The person appointed as chairperson must—

(a)be a judge or former judge of a court of the Commonwealth or a State or Territory; and

(b)have been a judge for at least 3 years.

(6)A person appointed as the nonjudicial appointee must be—

(a)the chief executive of a department; or

(b)the holder of an office established by or under an Act that the Governor in Council considers to be equivalent to the chief executive of a department.

(7)A person may be appointed as the chairperson or nonjudicial appointee only if the Minister has consulted—

(a)with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and

(b)with the parliamentary committee about—

(i)the process of selection for appointment; and

(ii)the appointment of the person as the chairperson or nonjudicial appointee.

s 6 amd 1995 No. 38 s 35 sch 1; 1996 No. 2 s 13

7Functions and powers of commission

(1)The functions of the commission are to—

(a)perform functions that are permitted or required to be performed by or under this Act, other than functions that a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; and

(b)conduct a review of the appropriateness of the number of electoral districts whenever the Minister requests it, in writing, to conduct such a review, and report to the Minister the results of the review; and

(c)consider, and report to the Minister on—

(i)electoral matters referred to it by the Minister; and

(ii)such other electoral matters as it considers appropriate; and

(d)promote public awareness of electoral matters by conducting education and information programs and in other ways; and

(e)implement strategies to encourage persons, particularly those belonging to groups with traditionally low enrolment rates, to enrol as electors; and

(f)implement strategies to maintain the integrity of the electoral rolls; and

(g)administer, and promote compliance with—

(i)part 11; and

(ii)the Local Government Electoral Act 2011, part 6; and

(h)provide information and advice on electoral matters to the Legislative Assembly, the government, departments and government authorities; and

(i)conduct and promote research into electoral matters and other matters that relate to its functions; and

(j)publish material on matters that relate to its functions; and

(k)perform any other functions that are conferred on it by or under another Act.

(2)The commission (the Queensland commission) may perform any of its functions under subsection (1)(d) to (i) in conjunction with the Australian Electoral Commission.

(3)The Governor may arrange with the Governor-General for the performance by the Australian Electoral Commission of any functions on behalf of the Queensland commission.

(4)The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.

s 7 amd 2002 No. 8 s 6; 2019 No. 31 s 5; 2023 No. 23 s 65

8Queensland redistribution commission

When performing its functions under part 3, the commission is to be known as the Queensland Redistribution Commission.

9Tenure and terms of office

(1)An appointed commissioner holds office, subject to this division, for such term (not longer than 7 years) as is specified in the commissioner’s instrument of appointment.

(2)If the nonjudicial appointee was at the time of appointment the chief executive of a department, the person ceases to hold office if the person no longer holds office as chief executive of a department.

(3)If the nonjudicial appointee was at the time of appointment the holder of an office mentioned in section 6(6)(b), the person ceases to hold office if the person no longer holds that office and does not hold office as chief executive of a department.

(4)An appointed commissioner holds office on such terms, relating to remuneration and other matters not provided for by this Act, as are determined by the Governor in Council.

(5)An appointed commissioner is to be appointed under this Act, and not under the Public Sector Act 2022.

s 9 amd 1996 No. 37 s 147 sch 2; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3

10Leave of absence

The commission may grant an appointed commissioner leave of absence from a meeting of the commission.

11Resignation

An appointed commissioner may resign office by signed notice given to the Governor.

12Disclosure of interests

(1)A commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the commission must, as soon as possible after the relevant facts have come to the commissioner’s knowledge, disclose the nature of the interest at a meeting of the commission.

(2)The disclosure must be recorded in the minutes of the meeting of the commission and the commissioner must not, unless the Minister otherwise determines—

(a)be present during any deliberation of the commission in relation to the matter; or

(b)take part in any decision of the commission in relation to the matter.

13Termination of appointment

The Governor in Council must terminate the appointment of an appointed commissioner if the appointed commissioner—

(a)accepts nomination for election to an Australian parliament; or

(b)becomes a member of a political party; or

(c)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

(d)is absent, without the commission’s leave and without reasonable excuse, from 3 consecutive meetings of the commission; or

(e)contravenes section 12 without reasonable excuse.

14Acting appointments

The Governor in Council may appoint a person to act as an appointed commissioner—

(a)during a vacancy in the office; or

(b)during any period, or all periods, when the appointed commissioner is absent from duty or from Australia or is, for another reason, unable to perform the functions of the office.

15Meetings of commission

(1)The chairperson may, at any time, convene a meeting of the commission.

(2)If the chairperson is absent or otherwise unavailable to perform the chairperson’s duties and no one is acting as chairperson, the electoral commissioner may convene a meeting of the commission.

(3)The chairperson must convene such meetings of the commission as, in the chairperson’s opinion, are necessary for the efficient performance of its functions.

(4)At a meeting of the commission, 2 commissioners constitute a quorum.

(5)The chairperson must preside at all meetings of the commission at which the chairperson is present.

(6)If the chairperson is not present at a meeting of the commission, the commissioners present must choose 1 of them to preside.

(7)Questions arising at a meeting of the commission are to be determined by a majority of the votes of the commissioners present and voting.

(8)The person presiding at a meeting of the commission has a deliberative vote and, if the votes on a question are equal, also has a casting vote.

(9)If, at a meeting of the commission at which only 2 commissioners are present (other than a meeting from which a commissioner is absent because of section 12), the commissioners differ in opinion on any matter, the determination of the matter must be postponed to a meeting of the commission at which all commissioners are present.

(10)The commission may regulate the conduct of proceedings at its meetings as it considers appropriate.

(11)This section applies to the commission only when it is performing its functions under part 3.

16Estimates

(1)The commission must give the Minister a statement in relation to each financial year setting out—

(a)estimates of the commission’s receipts and expenditure for the financial year; and

(b)the purpose of the expenditure; and

(c)the commission’s receipts and expenditure for the previous financial year; and

(d)if the commission has previously given the Minister a statement under this section in relation to the previous financial year—the estimates of receipts and expenditure set out in the statement.

(2)The commission must comply with any request by the Minister relating to the time when the statement is to be given to the Minister.

17Delegation by commission

(1)The commission may, by resolution, delegate to a commissioner, a senior electoral officer or a member of the commission’s staff its powers under part 3 (other than under sections 44 to 46 or section 50).

(2)A certificate signed by the chairperson stating any matter with respect to a delegation of a power under subsection (1) is prima facie evidence of the matter.

(3)The commission must not delegate its power under section 235(1).

(4)The electoral commissioner may delegate to the deputy electoral commissioner or a member of the commission’s staff the commission’s powers under this Act (other than under part 3 or section 235(1).

(5)A certificate signed by the electoral commissioner, stating any matter with respect to a delegation of power under subsection (4) is prima facie evidence of the matter.

(6)A document purporting to be a certificate under subsection (2) or (5) is taken to be such a certificate unless the contrary is established.

s 17 amd 2011 No. 14 s 5; 2012 No. 37 s 13

18Reports by commission

(1)As soon as practicable after, but not more than 4 months after, the end of each financial year, the commission must give to the Minister a report of the commission’s operations during that year.

(2)The commission must, as soon as practicable after the return of the writ for an election, give to the Minister a report on the operation of part 7 in relation to the election.

(3)The Minister must cause a copy of each report given to the Minister (whether under this section or otherwise) to be laid before the Legislative Assembly within 3 sitting days after the Minister receives the report.

19Electoral officer accountable officer

For the Financial Accountability Act 2009, the electoral commissioner is the accountable officer of the commission.

s 19 sub 1996 No. 37 s 147 sch 2

amd 2009 No. 9 s 136 sch 1

20Electoral commissioner

There is to be an electoral commissioner.

21Deputy electoral commissioner

(1)There may be a deputy electoral commissioner.

(2)Subject to any directions by the commission, the deputy electoral commissioner is to perform such duties as the electoral commissioner directs.

(3)The deputy electoral commissioner is to act as the electoral commissioner—

(a)during vacancies in the office of the electoral commissioner; or

(b)during periods when the electoral commissioner is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.

(4)While the deputy electoral commissioner is acting as electoral commissioner—

(a)the deputy electoral commissioner has all the powers and functions of the electoral commissioner; and

(b)this Act and other Acts apply to the deputy electoral commissioner as if the deputy electoral commissioner were the electoral commissioner.

(5)Anything done by or in relation to the deputy electoral commissioner while the deputy electoral commissioner is purporting to act as electoral commissioner is not invalid merely because the occasion for the deputy electoral commissioner to act had not arisen or had ceased.

s 21 amd 1994 No. 82 s 4

22Terms and conditions of appointment etc.

(1)A senior electoral officer is to be appointed by the Governor in Council.

(2)A person may be appointed as a senior electoral officer only if—

(a)press advertisements have been placed nationally calling for applications from suitably qualified persons to be considered for appointment; and

(b)the Minister has consulted—

(i)with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and

(ii)with the parliamentary committee about—

(A)the process of selection for appointment; and

(B)the appointment of the person as the senior electoral officer.

(3)Subsection (2)(a) and (b)(i) does not apply to the reappointment of a person as senior electoral officer.

(4)A person who is a member of a political party is not to be appointed as a senior electoral officer.

(5)A senior electoral officer holds office, subject to this part, for such term (not longer than 7 years) as is specified in the senior electoral officer’s instrument of appointment.

(6)A senior electoral officer is to be appointed under this Act, and not under the Public Sector Act 2022.

(7)If an officer of the public service is appointed as a senior electoral officer, the person retains and is entitled to all rights that have accrued to the person because of employment as an officer of the public service, or that would accrue in the future because of that employment, as if service as a senior electoral officer were a continuation of service as an officer of the public service.

(8)A senior electoral officer holds office on such terms, relating to remuneration and other matters not provided for by this Act, as are determined by the Governor in Council.

s 22 amd 1995 No. 38 s 35 sch 1; 1996 No. 2 s 14; 1996 No. 37 s 147 sch 2; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3

23Leave of absence

(1)The Minister may grant leave of absence to the electoral commissioner on such terms as the Minister determines.

(2)The commission may grant leave of absence to the deputy electoral commissioner on such terms as the commission determines.

24Resignation

A senior electoral officer may resign office by signed notice given to the Governor.

25Termination of appointment

(1)The Governor in Council may terminate the appointment of a senior electoral officer for misbehaviour or physical or mental incapacity.

(2)The Governor in Council must terminate a senior electoral officer’s appointment if the senior electoral officer—

(a)accepts nomination for election to an Australian parliament; or

(b)becomes a member of a political party; or

(c)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

(d)is absent, without leave of absence and without reasonable excuse, for—

(i)14 consecutive days; or

(ii)28 days in any year; or

(e)contravenes section 12 without reasonable excuse; or

(f)engages in paid employment outside the duties of the office without the Minister’s approval.

26Acting electoral commissioner

The Governor in Council may appoint a person, who is eligible for appointment as electoral commissioner, to act as electoral commissioner during—

(a)any vacancy, or all vacancies, in the office; or

(b)any period, or all periods, when the electoral commissioner is absent from duty, or can not, for another reason, perform the duties of office.

s 26 sub 1994 No. 82 s 2 sch

27Acting deputy electoral commissioner

The Governor in Council may appoint a person, who is eligible for appointment as deputy electoral commissioner, to act as deputy electoral commissioner during—

(a)any vacancy, or all vacancies, in the office; or

(b)any period, or all periods, when the deputy electoral commissioner is absent from duty, or can not, for another reason, perform the duties of the office.

s 27 sub 1994 No. 82 s 2 sch

28Notice of appointment

Notice of the appointment of a person as, or to act as, a senior electoral officer must be published in the gazette.

29Staff

(1)The staff of the commission consist of—

(a)electoral registrars, returning officers and assistant returning officers appointed under this division; and

(b)other staff necessary for the performance of the commission’s functions.

(2)The staff of the commission are to be employed under the Public Sector Act 2022.

(3)Subsection (2) does not apply to—

(a)electoral registrars, returning officers and assistant returning officers; and

(b)persons employed on a temporary basis in connection with the conduct of a particular election or referendum.

(4)The commission may, on behalf of the State, employ persons on a temporary basis in connection with the conduct of a particular election or referendum.

s 29 amd 1996 No. 37 s 147 sch 2; 1997 No. 11 s 102 sch 2; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3

30Electoral registrars

(1)The Governor in Council may, on the recommendation of the commission, appoint 1 or more electoral registrars for an electoral district.

(2)A person may be appointed as electoral registrar for 2 or more electoral districts.

(3)Divisional returning officers under the Commonwealth Electoral Act may be appointed as electoral registrars if the appointments are made under an arrangement between the Governor and the Governor-General.

(4)A person must not be appointed as an electoral registrar if the person is a member of a political party.

(5)Without limiting the powers of the Governor in Council to terminate the appointment of electoral registrars, the Governor in Council must terminate the appointment of an electoral registrar if the electoral registrar becomes a member of a political party.

(6)An electoral registrar must act in accordance with any directions given by the commission.

s 30 amd 2009 No. 17 s 331 sch 1; 2010 No. 23 s 352 sch 1; 2011 No. 27 s 261

31Returning officers

(1)The commission may appoint an elector as the returning officer for an electoral district.

(2)A person must not be appointed as a returning officer if the person is—

(a)a minor; or

(b)a member of a political party.

(3)Without limiting the powers of the commission to terminate the appointment of returning officers, the commission must terminate the appointment of a returning officer if the returning officer becomes a member of a political party.

(4)A returning officer must act in accordance with any directions given by the commission.

(5)A returning officer’s membership of a political party, or failure to comply with section 32A, does not invalidate—

(a)anything done by the returning officer while the returning officer is a member of a political party; or

(b)if the returning officer does a thing for an election while the returning officer is a member of a political party—the election.

s 31 amd 2019 No. 31 s 6

32Assistant returning officers

(1)The commission may appoint an elector as assistant returning officer, or electors as assistant returning officers, for an electoral district.

(2)A person must not be appointed as an assistant returning officer if the person is—

(a)a minor; or

(b)a member of a political party.

(3)Without limiting the powers of the commission to terminate the appointment of assistant returning officers, the commission must terminate the appointment of an assistant returning officer if the assistant returning officer becomes a member of a political party.

(4)An assistant returning officer must assist the returning officer for the electoral district in performing the returning officer’s functions under this Act.

(5)The commission may appoint an assistant returning officer for an electoral district to act as the returning officer for the electoral district—

(a)during a vacancy in the office of returning officer; or

(b)during any period, or all periods, when the returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.

(6)While an assistant returning officer is assisting the returning officer or acting as returning officer—

(a)the assistant returning officer has all the powers and functions of the returning officer; and

(b)this Act applies to the assistant returning officer as if the assistant returning officer were the returning officer.

(7)The commission may appoint a person to act as an assistant returning officer during any period, or all periods, when—

(a)there is not an assistant returning officer for an electoral district; or

(b)the assistant returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.

(8)While a person is acting as assistant returning officer—

(a)the person has all the powers and functions of the assistant returning officer; and

(b)this Act applies to the person as if the person were the assistant returning officer.

(9)Anything done by or in relation to a person while the person is purporting to act under this section is not invalid merely because the occasion for the person to act had not arisen or had ceased.

(10)An assistant returning officer must act in accordance with any directions given by the commission.

(11)An assistant returning officer’s membership of a political party, or failure to comply with section 32A, does not invalidate—

(a)anything done by the assistant returning officer while the assistant returning officer is a member of a political party; or

(b)if the assistant returning officer does a thing for an election while the assistant returning officer is a member of a political party—the election.

s 32 amd 2019 No. 31 s 7

32AObligation to notify membership of political party

A returning officer or assistant returning officer must immediately notify the commission if the officer becomes a member of a political party, unless the officer has a reasonable excuse.

Maximum penalty—40 penalty units.

s 32A ins 2019 No. 31 s 8

33Confidentiality of information

A person who is involved in the administration of this Act who gains information because of the person’s involvement in the administration must not disclose the information to anyone else other than—

(a)for the purposes of this Act; or

(b)under the authority of another Act; or

(c)in a proceeding before a court in which the information is relevant to the issue before the court.

Maximum penalty—40 penalty units or 18 months imprisonment.

s 33 ins 2002 No. 8 s 7

pt 2 div 4 hdg ins 2022 No. 34 s 341B

33AStrategic review of commission and commissioners

(1)Strategic reviews of the commission and commissioners are to be conducted under this division.

(2)A strategic review is to be conducted at least every 5 years, counting from when the report (the earlier report) for the most recent earlier strategic review was given to the Minister and the electoral commissioner under section 33C(4), up to when the reviewer is appointed under subsection (4) to undertake the latest strategic review.

(3)However, if the parliamentary committee reported to the Legislative Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001, section 107, the 5 years is counted from when the Minister’s response was tabled under that section.

(4)Each strategic review is to be undertaken by an appropriately qualified person (reviewer), appointed by the Governor in Council, who is to give a report on the review under section 33C.

(5)For subsection (4), a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review.

(6)The terms of reference for a strategic review are to be decided by the Governor in Council.

(7)Before a reviewer is appointed to conduct a strategic review, the Minister must consult with the parliamentary committee and the electoral commissioner about—

(a)the appointment of the reviewer; and

(b)the terms of reference for the review.

(8)The remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council.

(9)In this section—

strategic review includes—

(a)a review of the functions of the commission and commissioners; and

(b)a review of the performance of the functions of the commission and commissioners to assess whether they are being performed economically, effectively and efficiently.

s 33A ins 2022 No. 34 s 341B

33BConduct of strategic review

In conducting a strategic review—

(a)the reviewer has the powers an authorised auditor has under the Auditor-General Act 2009 for an audit of an entity; and

(b)that Act and other Acts apply to the reviewer as if the reviewer were an authorised auditor conducting an audit of an entity.

s 33B ins 2022 No. 34 s 341B

33CReport of strategic review

(1)The reviewer for a strategic review must give a copy of the proposed report on the review to the Minister and the electoral commissioner.

(2)The electoral commissioner may, within 21 days after receiving the proposed report, give the reviewer written comments on anything in the proposed report.

(3)If the electoral commissioner comments under subsection (2), the reviewer must—

(a)if the reviewer and electoral commissioner can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or

(b)if the reviewer and electoral commissioner can not agree about how to dispose of a comment—include the comment, in full, in the report.

(4)After complying with subsections (1) and (3), the reviewer must give the report (review report) to the Minister and the electoral commissioner.

(5)The review report must be the same as the proposed report given to the Minister and the electoral commissioner under subsection (1), apart from the changes made under subsection (3).

(6)The Minister must table the review report in the Legislative Assembly within 3 sitting days after the Minister receives the report.

(7)For the Parliament of Queensland Act 2001, section 92(2), the report is referred to the parliamentary committee.

s 33C ins 2022 No. 34 s 341B

33DPower of Minister to postpone strategic review

(1)The Minister may postpone a strategic review to be conducted under this division by not more than 2 years starting at the end of the 5-year period counted under section 33A(2) or (3).

(2)The Minister may exercise the power under subsection (1) only if the Minister—

(a)is satisfied the postponement is necessary having regard to the commission’s functions in conducting a general election or a quadrennial election; and

(b)has consulted with, and had regard to the views of, the electoral commissioner and the parliamentary committee about the postponement and the length of the postponement.

(3)The Minister may exercise the power under subsection (1) only once in each 5-year period counted under section 33A(2) or (3).

(4)If the Minister exercises the power under subsection (1), the Minister must table a notice stating—

(a)the length of the postponement; and

(b)the reasons for the postponement.

(5)The Minister must table the notice before the end of the 5-year period counted under section 33A(2) or (3).

(6)In this section—

quadrennial election see the Local Government Electoral Act 2011, schedule 2.

s 33D ins 2022 No. 34 s 341B

34Number of electoral districts for the State

There are 93 electoral districts for the State.

s 34 amd 2016 No. 20 s 11

35Redistribution of State into electoral districts

(1)Division 2 sets out when the need for an electoral redistribution arises.

(2)Division 3 sets out how the commission undertakes an electoral redistribution.

(3)As soon as practicable after the need for an electoral redistribution arises, the commission must—

(a)redistribute the State into the 93 electoral districts; and

(b)publish a gazette notice that states—

(i)that the need has arisen; and

(ii)the membership of the commission.

(4)However, the commission must defer undertaking, or any further action in undertaking, an electoral redistribution until after the writ for the next general election is returned if—

(a)the need for the electoral redistribution arises—

(i)if the last general election was an ordinary general election—more than 28 months after the writ for the election was returned; or

(ii)if the last general election was an extraordinary general election—less than 20 months before the normal polling day for the next ordinary general election; or

(iii)after a writ is issued for a general election but before the writ is returned; or

(b)a writ for a general election is issued while the commission is undertaking an electoral redistribution.

s 35 amd 2016 No. 20 s 12

sub 2019 No. 31 s 9

amd 2020 No. 20 s 56 sch 1

36Need for electoral redistribution arises in 3 circumstances

The need for an electoral redistribution arises if 1 of the following sections applies—

(a)section 37;

(b)section 38;

(c)section 39.

37Electoral redistribution because of changed number of electoral districts

The need for an electoral redistribution arises if this Act is amended to change the number of electoral districts for the State.

38Electoral redistribution after 2 general elections or 7.5 years

(1)The need for an electoral redistribution arises on the later of the following days—

(a)the day that is 1 year after the writ is returned for the second general election held after the previous redistribution becomes final;

(b)the day that is 7.5 years after the previous redistribution becomes final.

(2)In this section—

previous redistribution means the last electoral redistribution under this Act that became final.

s 38 sub 2019 No. 31 s 10

39Electoral redistribution because of enrolment changes

(1)The need for an electoral redistribution arises if the requirement set out in section 45 would not be satisfied in respect of one-third or more of electoral districts for 2 months in a row, assuming that it were applied by reference to the number of enrolled electors and the average number of enrolled electors for electoral districts as gazetted under section 63 for each of the months.

(2)For the purposes of subsection (1), it is not necessary that the requirement would not be satisfied in respect of the same one-third or more of electoral districts for the 2 months in a row.

40Situation if need for more than 1 electoral redistribution arises

If, during the period beginning when the need for an electoral redistribution arises under section 37, 38 or 39 and ending when the electoral redistribution becomes final, the need for another electoral redistribution arises under any of those sections (including the same section)—

(a)the need for the other electoral redistribution does not arise; and

(b)for the purposes of any later application of section 39, any month occurring wholly or partly during the period is to be disregarded.

41Scope of division

(1)This division sets out the way in which the commission is to undertake an electoral redistribution.

(2)The steps involved are—

(a)inviting suggestions (section 42); and

(b)inviting comments on the suggestions (section 43); and

(c)preparing a proposed electoral redistribution (sections 44 to 46); and

(d)publishing the proposed electoral redistribution (section 47); and

(e)inviting objections against the proposed electoral redistribution (section 48); and

(f)inviting comments on the objections (section 49); and

(g)considering objections and comments (section 50); and

(h)making the electoral redistribution (section 51); and

(i)advertising the electoral redistribution (section 53); and

(j)tabling all relevant documents (section 54).

(3)The division also contains provisions relating to—

(a)when the redistribution takes effect (section 52); and

(b)appeals against boundaries of electoral districts (section 57).

42Inviting suggestions

(1)As soon as practicable after the need for an electoral redistribution arises, the commission must invite suggestions from persons and bodies relating to the redistribution.

(2)The invitation must be made by notice published in accordance with section 56.

(3)The notice must state that suggestions are to be given to the commission in writing within 30 days after the notice is published in the gazette in accordance with section 56.

43Inviting comments on suggestions

(1)As soon as practicable after the 30 days mentioned in section 42(3), the commission must make available for public inspection, without fee, copies of all suggestions given to it within the 30 days.

(2)As soon as practicable after the 30 days, the commission must also publish a notice in accordance with section 56 that—

(a)advises of the availability for inspection of the copies of the suggestions; and

(b)states that any person or body may comment in writing to the commission on the suggestions within 21 days after the notice is published in the gazette in accordance with section 56.

(3)As soon as practicable after the 21 days, the commission must make available for public inspection, without fee, copies of all comments given to it within the 21 days.

(4)Suggestions and comments must be made available for public inspection at the commission’s office and any other places in the State that the commission considers appropriate.

44Preparing proposed electoral redistribution

(1)As soon as practicable after the 21 days mentioned in section 43(2)(b), the commission must prepare a proposed redistribution of the State into electoral districts.

(2)The proposed redistribution must include proposed names for the proposed electoral districts.

(3)In preparing the proposed electoral redistribution, the commission must—

(a)take into account all suggestions and comments properly made under sections 42 and 43; and

(b)comply with the following sections—

(i)section 45;

(ii)section 46.

45Proposed electoral redistribution must be within numerical limits

(1)In preparing the proposed redistribution, the commission must ensure that the following requirement is satisfied, as at the end of the 21 days mentioned in section 43(2)(b), for each proposed electoral district—

(a)if the electoral district has an area of less than 100,000km²—that the number of enrolled electors does not differ from the average number of enrolled electors for electoral districts by more than 10%;

(b)if the electoral district has an area of 100,000km² or more—the sum of the number of enrolled electors and the additional large district number does not differ from the average number of enrolled electors for electoral districts by more than 10%.

(2)In subsection (1)(b)—

additional large district number means 2% of the number of km² in the area of the electoral district.

46Matters to be considered in preparing proposed electoral redistribution

(1)In preparing the proposed redistribution, the commission must consider the following matters—

(a)the extent to which there is a community of economic, social, regional or other interests within each proposed electoral district;

(b)the ways of communication and travel within each proposed electoral district;

(c)the physical features of each proposed electoral district;

(d)the boundaries of existing electoral districts;

(e)demographic trends in the State, with a view to ensuring as far as practicable that, on the basis of the trends, the need for another electoral redistribution will not arise under section 39 before it does under section 38.

(2)The commission may also consider the boundaries of local government areas to the extent that it is satisfied that there is a community of economic, social, regional or other interests within each local government area.

(3)The commission may give such weight to each of the matters set out in subsections (1) and (2) as it considers appropriate.

(4)It is the intention of the parliament—

(a)that the way in which this section is to be applied in preparing the proposed redistribution should be for the commission alone to decide; and

(b)that decisions of the commission relating to the application of this section should be final and conclusive.

(5)Without limiting subsection (4), a decision of the commission about—

(a)the existence of any matter mentioned in subsection (1) or (2); or

(b)the weight (if any) to be given to each such matter;

can not be called in question in an appeal under section 57.

47Publishing proposed electoral redistribution

(1)As soon as practicable after the commission has prepared the proposed electoral redistribution, it must comply with this section and section 48.

(2)The commission must—

(a)make available for public inspection, without fee, at its office a single map showing, or a number of maps together showing, the names and boundaries of all proposed electoral districts; and

(b)make available for public inspection, without fee, at its office and at any other places in the State that the commission considers appropriate—

(i)a description of the boundaries of all proposed electoral districts; and

(ii)its reasons for redistributing the State in the way proposed (including the reasons of any commissioner who disagrees with the redistribution in that way).

(3)The commission must display, in a place to which the public has ready access, and at any other place that the commission considers appropriate, in each proposed electoral district a map showing the boundaries of the proposed electoral district.

48Inviting objections against proposed electoral redistribution

(1)The commission must publish a notice in accordance with section 56 that—

(a)advises of the availability for inspection, and the display, of the things mentioned in section 47(2) and (3); and

(b)states that any person or body may object in writing to the commission against the proposed electoral redistribution within 30 days after publication of the notice in the gazette in accordance with section 56; and

(c)is accompanied by a single map showing, or a number of maps together showing, the names and boundaries of all proposed electoral districts.

(2)At any time before publishing a notice under subsection (1), the commission may make public its proposed electoral redistribution.

49Inviting comments on objections

(1)As soon as practicable after the 30 days mentioned in section 48(1)(b), the commission must make available for public inspection, without fee, copies of all objections given to it within the 30 days.

(2)As soon as practicable after the 30 days, the commission must also publish a notice in accordance with section 56 that—

(a)advises of the availability for inspection of the copies of the objections; and

(b)states that any person or body may comment in writing to the commission on the objections within 10 days after the notice is published in the gazette in accordance with section 56.

(3)As soon as practicable after the 10 days, the commission must make available for public inspection, without fee, copies of all comments given to it within the 10 days.

(4)Objections and comments must be made available for public inspection at the commission’s office and any other places in the State that the commission considers appropriate.

50Considering objections and comments

If an objection or comment given to the commission within the period allowed under section 48 or 49 raises a matter that has not already been raised, or substantially raised, in a suggestion or comment under section 42 or 43, the commission must—

(a)consider the objection or comment; and

(b)make any changes to the proposed electoral redistribution that it considers would be necessary if sections 45 and 46 were being complied with.

51Making electoral redistribution

(1)The commission must, as soon as practicable after the end of the 30 days mentioned in section 48(1)(b), publish a gazette notice stating that the State is redistributed into the electoral districts whose names and boundaries are set out in the notice.

(2)The names and boundaries set out in the notice are to be the same as those for the proposed electoral redistribution, incorporating any changes made under section 50.

(3)The commission may, at any time before publishing the notice, make public anything that it intends to publish in the notice.

s 51 amd 2023 No. 23 s 66

52When redistribution takes effect

(1)At the end of 21 days after the publication of the notice, but subject to section 57(6), the State is redistributed into the electoral districts, and those districts have the names, set out in the notice.

(2)The State remains so redistributed until the next electoral redistribution becomes final.

(3)However, until the Legislative Assembly is next dissolved or expires by the passage of time, the redistribution does not affect a by-election for an electoral district to fill a vacancy in the membership of the Legislative Assembly.

s 52 amd 2016 No. 20 s 13; 2019 No. 31 s 11

53Advertising electoral redistribution

(1)As soon as practicable after publishing the notice under section 51(1), the commission must comply with this section.

(2)The commission must—

(a)make available for public inspection, without fee, at its office a single map showing, or a number of maps together showing, the names and boundaries of all electoral districts; and

(b)make available for public inspection, without fee, at its office and at any other places in the State that the commission considers appropriate—

(i)a description of the boundaries of all electoral districts in the State; and

(ii)its reasons for redistributing the State in that way (including the reasons of any commissioner who disagrees with the redistribution in that way).

(3)The commission must display, in a place to which the public has ready access, and at any other place that the commission considers appropriate, in each electoral district a map showing the boundaries of the electoral district.

(4)The commission must publish a notice advising of the availability for inspection, and the display, of the things mentioned in subsections (2) and (3) in—

(a)a newspaper circulating generally in the State; and

(b)any regional newspapers, circulating in any parts of the State, that the commission considers appropriate.

54Tabling all relevant documents

(1)As soon as practicable after publishing the notice under section 51(1), the commission must give the Minister a copy of—

(a)all suggestions properly made to it under section 42; and

(b)all comments properly made to it under section 43; and

(c)the things made available for public inspection under section 47(2); and

(d)all objections properly made to it under section 48; and

(e)all comments properly made to it under section 49; and

(f)the notice published under section 51(1); and

(g)the commission’s reasons for distributing the State in the way set out in the notice, together with the reasons of any commissioner who disagrees with the redistribution in that way.

(2)The Minister must cause a copy of the things given to the Minister under subsection (1) to be laid before the Legislative Assembly within 5 sitting days after the Minister receives them.

55Commission may hold public hearings

Without limiting its powers under section 7(4), the commission may conduct such public hearings as it considers appropriate for the purposes of this division.

56How notices are to be published

If, under this division, the commission is required to publish a notice in accordance with this section, the commission must publish the notice in—

(a)the gazette; and

(b)a newspaper circulating generally in the State; and

(c)any regional newspaper, circulating in a part of the State, that the commission considers appropriate.

57Appeals against boundaries of electoral districts

(1)An elector may appeal to the Court of Appeal against the boundaries set out in the notice under section 51(1) on the ground that the commission has not complied with this part in making the proposed electoral redistribution.

(2)The appeal must be made—

(a)within 21 days after the publication of the notice; and

(b)in accordance with the rules of court of the Court of Appeal.

(3)The commission is the respondent to the appeal.

(4)If more than 1 appeal is made against the boundaries, every appeal must be dealt with in the same proceeding.

(5)Any person having an interest in the appeal may apply to the court to be joined as a party to the appeal.

(6)If an appeal is made, the notice under section 51(1) does not take effect until the appeal has been disposed of by the court.

(7)On the hearing of the appeal under this section, the court may—

(a)by order—

(i)quash the notice, in whole or part, and, subject to such directions as it considers appropriate, order the commission to make a fresh or amended notice under section 51(1); or

(ii)dismiss the appeal; and

(b)make any ancillary order as to costs or any other matter that it considers appropriate.

(8)The court may make an order quashing the notice, in whole or part, only if the court is satisfied that—

(a)the commission has not complied with this part in making the proposed redistribution; and

(b)the noncompliance has had, or may have had, a significant effect on the boundaries of the electoral districts into which the State is to be redistributed under the notice under section 51(1); and

(c)the interests of justice require the making of the order.

(9)The validity of the electoral redistribution may only be called in question in an appeal under this section.

(10)An appeal against the boundaries must—

(a)be set down for hearing by the court as soon as practicable after the end of 21 days from the publication of the notice under section 51(1); and

(b)must be heard and determined by the court as a matter of urgency.

(11)Except as provided in this section, a decision made, or appearing to have been made, by the commission or a commissioner under or for the purposes of this part—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or otherwise called in question in any court or tribunal on any ground; and

(c)is not subject to mandamus, prohibition, certiorari, injunction or any declaratory or other order of any court on any ground.

Note—

Judicial Review Act 1991, section 41——

41 Certain prerogative writs not to be issued

(1)The prerogative writs of mandamus, prohibition or certiorari are no longer to be issued by the court.

(2)If, before the commencement of this Act, the court had jurisdiction to grant any relief or remedy by way of a writ of mandamus, prohibition or certiorari, the court continues to have the jurisdiction to grant the relief or remedy, but must grant the relief or remedy by making an order, the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for subsection (1), have been granted by way of such a writ.

(3)In an enactment in force immediately before the commencement of this Act, a reference to a writ of mandamus, prohibition or certiorari is taken to be a reference to an order of a kind that the court is empowered to make under this section.

(12)In this section—

decision includes a failure to make a decision.

58Commission to keep electoral rolls

(1)The commission must keep an electoral roll for each electoral district.

(2)Each electoral roll must, in accordance with this part, contain information in relation to the persons entitled to be enrolled for the electoral district.

(3)Each electoral roll must also set out, in relation to each person—

(a)the person’s surname and given names; and

(b)the person’s address; and

(c)the person’s sex, occupation and date of birth; and

(d)an identifying number; and

(e)any other prescribed information.

(4)Each electoral roll may also set out, for each person who holds office—

(a)as a justice of the peace—the initials ‘JP’ after the person’s name; or

(b)as a commissioner for declarations—the initials ‘Cd’ after the person’s name.

(5)If the commission is satisfied that the inclusion on a roll of a person’s address would place at risk the personal safety of the person or another person, the person’s address must not be set out in the publicly available part of the roll.

(6)For the purposes of subsection (3)(b), a person’s address may, in the case of a roll prepared otherwise than in a printed form, be stated as a post office box number, mail service number or in another appropriate way in addition to the person’s residential address.

(7)For the purposes of this Act, the commission may ask a government entity prescribed under a regulation to give the commission information of the kind mentioned in subsection (3)(a) to (c) as shown in any records kept by the entity.

Example—

The commission may ask a local government for the names of all ratepayers living in a particular local government area.

(8)Also, to enable the commission to decide the persons who are not entitled to vote because of section 106(3), the commission may ask the chief executive (corrective services) to give the commission information about persons who are serving sentences of imprisonment for offences against the law of the Commonwealth or of a State or Territory.

(9)The entity or chief executive (corrective services) must give the commission the information as soon as practicable after receiving the request.

(10)The chief executive officer of the entity may, before giving the information, require payment of a fee decided by the chief executive officer that reasonably reflects the cost of extracting the information from the entity’s records.

(11)The entity need not give the information about a person if the entity reasonably suspects that disclosing the information would be likely to endanger the person’s safety.

(12)Subsection (9) has effect despite the provisions of any other Act that would otherwise permit or require the entity to refuse the commission’s request.

(13)In this section—

government entity includes—

(a)a local government; and

(b)a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a State government purpose; and

(c)a part of an entity mentioned in paragraph (b);

but does not include the police service or the Crime and Corruption Commission.

s 58 amd 1996 No. 40 s 11; 2002 No. 8 s 8; 2006 No. 41 s 35E; 2014 No. 21 s 94 (2) sch 2

59Preparation of electoral rolls

(1)The commission must prepare all electoral rolls as soon as practicable after—

(a)an electoral redistribution becomes final; or

(b)6p.m. on the cut-off day for electoral rolls for an election or referendum; or

(c)3 years pass after the day on which the writ for the last general election was returned.

(2)The commission may also prepare all or any of the electoral rolls at any other time that it considers appropriate.

(3)The electoral rolls may be prepared—

(a)in a printed or electronic form; or

(b)on microfiche, computer disk or computer tape; or

(c)in another form determined by the commission.

s 59 amd 1997 No. 11 s 102 sch 2; 2019 No. 31 s 12; 2023 No. 23 s 67

60Inspection of publicly available parts of electoral rolls

(1)The commission must make available for inspection by any person, without fee, a copy of the most recent printed version of the publicly available part of all electoral rolls—

(a)at the office of the commission; and

(b)at the office (if any) of each returning officer.

(2)The commission may also make available for inspection by any person, without fee, a copy of the most recent version, in a non-printed form, of the publicly available part of any electoral roll at any place that the commission considers appropriate.

s 60 amd 2010 No. 42 s 40

61Information on electoral rolls to be provided to particular people and organisations

(1)The following table sets out persons and organisations to whom the commission must give stated information about electoral rolls and states the information to be given and the circumstances in which it is to be given.

Mandatory provision of information on electoral rolls

Item	Person or organisation	Information to be given	Circumstances in which information is to be given
1	a candidate for an election	a certified copy, in a form decided by the commissioner, of the entire electoral roll for the electoral district for which the candidate is seeking election	(a)  on request by the candidate; and (b)  as soon as practicable after the cut-off day for the nomination of candidates; and (c)  without charge
2	a registered political party	a copy, in electronic form, of the most recent version of the entire electoral roll for any electoral district or all electoral districts	(a)  on request by the party; and (b)  at a price which reasonably reflects the cost of producing that copy
3	a registered political party	a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for any electoral district or all electoral districts	(a)  on request by the party; and (b)  at a price which reasonably reflects the cost of producing that copy
4	a member of the Legislative Assembly	a reasonable number of copies, in printed form, of the most recent version of the entire electoral roll for the electoral district the member represents	(a)  as soon as practicable after each of the following happens— (i)  the member is declared elected; (ii)  the roll is prepared under section 59(1)(c); and (b)  without charge
5	a member of the Legislative Assembly	a copy, in electronic form, of the most recent version of the entire electoral roll for the electoral district the member represents	(a)  once during each Legislative Assembly; and (b)  without charge
6	a member of the Legislative Assembly	a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for the electoral district the member represents	without charge
7	local government	a copy, in electronic form, of the most recent version of the entire electoral roll for any electoral district wholly or partly within the local government’s area	(a)  on request by the local government; and (b)  at a price fixed or decided under a regulation
8	local government	a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for any electoral district wholly or partly within the local government's area	(a)  on request by the local government; and (b)  at a price fixed or decided under a regulation

(2)The following table sets out persons and organisations to whom the commission may give a copy, in any form, of information in relation to electoral rolls and states the information that may be given and the circumstances in which it may be given.

Discretionary provision of information on electoral rolls

Item	Person or organisation	Information to be given	Circumstances in which information is to be given
1	an entity prescribed under a regulation that is a department or State public authority	a copy, in electronic form, of the most recent version of the entire, or part of the, electoral roll for any electoral district	(a)  on request by the department or State public authority; and (b)  without charge; and (c)  for a purpose prescribed under a regulation

(3)Subsection (2) does not prevent an entity other than the commission, when providing a person or organisation with services for accessing information given by the commission, charging the person or organisation for the services.

(4)Other than as provided by this section, the commission must not provide a copy of any part of an electoral roll, other than the publicly available part, to a person other than—

(a)a senior electoral officer; or

(b)a member of the commission’s staff; or

(c)a person performing functions under an arrangement mentioned in section 62.

s 61 amd 1997 No. 82 s 3 sch

sub 2010 No. 42 s 41

amd 2011 No. 45 s 229

62Joint roll arrangement with Commonwealth

(1)The Governor may arrange with the Governor-General for—

(a)the preparation, alteration or revision of the electoral rolls; or

(b)the carrying out of any procedure relating to the preparation, alteration or revision of the electoral rolls;

in any way consistent with this Act, jointly by the State and the Commonwealth, whether for the purpose of the rolls being used as electoral rolls for Legislative Assembly elections as well as for Commonwealth elections or for any other purpose.

(2)If an arrangement is made, the electoral rolls may contain—

(a)names and other information in relation to persons who are not entitled to be enrolled as electors for Legislative Assembly elections, provided that it is indicated as prescribed that the persons are not enrolled as electors for the Legislative Assembly; and

(b)distinguishing marks against the names of the persons to show that they are not also enrolled as electors for Commonwealth elections; and

(c)other information in addition to that required under this division.

(3)For the purposes of this Act, the marks and other information do not form part of the electoral rolls.

63Gazettal of enrolment figures

The commission must, in relation to each month, arrange for the gazettal of—

(a)the number of enrolled electors for each electoral district; and

(b)the average number of enrolled electors for electoral districts; and

(c)the extent to which the number of enrolled electors for each electoral district differs from the average number of enrolled electors for electoral districts.

64Entitlement to enrolment

(1)A person is entitled to be enrolled for an electoral district if the person—

(a)either—

(i)is entitled to be enrolled under the Commonwealth Electoral Act for the purposes of that Act in its application in relation to an election within the meaning of that Act; or

(ii)is not so entitled, but was entitled to be enrolled under the Elections Act 1983 on 31 December 1991; and

(b)lives in the electoral district and has lived in it for the last month.

(2)However, despite subsection (1)(b), a person serving a sentence of imprisonment to whom subsection (1)(a) applies is entitled to be enrolled for—

(a)the first of the following electoral districts that applies for the person—

(i)the electoral district for which the person was enrolled immediately before the person started to serve the sentence;

(ii)the electoral district for which the person was entitled to be enrolled immediately before the person started to serve the sentence;

(iii)an electoral district for which any of the person’s next of kin is enrolled;

(iv)the electoral district in which the person was born; or

(b)if none of the electoral districts mentioned in paragraph (a) applies for the person—the electoral district to which the person has the closest connection.

(3)Also, subsection (1)(b) does not deny a person the entitlement to be enrolled for an electoral district if the person did not live in the electoral district for the last month merely because the person was detained in lawful custody for a reason other than to serve a sentence of imprisonment.

(4)In addition, if a member of the Legislative Assembly gives notice to the commission, in the form and way approved by the commission, that the member wishes to be enrolled for the electoral district that the member represents, the member is entitled to be enrolled for that electoral district instead of the one applicable under subsection (1).

(5)Also, a member of the Legislative Assembly may be enrolled for an electoral district (the other district) other than the district that the member represents (the member’s district) if, because of an electoral redistribution, the other district contains at least half of the electors who were enrolled for the member’s district when the commission calculated the average number of enrolled electors for electoral districts for section 45(1).

(6)For subsection (2), a person is serving a sentence of imprisonment only if—

(a)the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State; and

(b)the detention is attributable to the sentence of imprisonment concerned.

(7)In this section—

next of kin see the Commonwealth Electoral Act, section 4(1).

s 64 amd 1994 No. 82 s 5; 2000 No. 63 s 276 sch 2; 2002 No. 8 s 9; 2006 No. 41 s 35F; 2006 No. 29 s 518 sch 3 (amdt could not be given effect); 2019 No. 31 s 13

65Enrolment and transfer of enrolment

(1)Subject to any arrangement under section 62, the commission must maintain each electoral roll in accordance with this section.

(2)A person who—

(a)is entitled to be enrolled for an electoral district; but

(b)is not enrolled on the electoral roll for the district;

must give notice to an electoral registrar for the district in the form and way approved by the commission.

(3)If a person who is enrolled on an electoral roll for an electoral district changes address within the electoral district, the person must, within 21 days, give notice to an electoral registrar for the district in the form and way approved by the commission.

(4)Subject to subsection (5), if a notice under this section is received by an electoral registrar, the commission must, if satisfied that the person concerned is entitled to be enrolled for an electoral district, make appropriate amendments of the electoral rolls.

(5)The commission must not amend the electoral rolls during the period from 6p.m. on the cut-off day for electoral rolls for an election or referendum until the end of the polling day for the election or referendum except to correct—

(a)a mistake; or

(b)the wrongful removal of a person from an electoral roll.

(6)If the commission does not (except because of subsection (5)) amend an electoral roll to give effect to a notice by a person under subsection (2) or (3), the commission must notify the person in writing of—

(a)its decision not to amend the roll; and

(b)the reasons for its decision; and

(c)the person’s rights under this Act to have the decision reviewed.

(7)Subsection (8) applies if—

(a)a person is required to give notice under subsection (2) or (3); and

(b)the person gives notice—

(i)after 6p.m. on the cut-off day for electoral rolls for an election or referendum and no later than 6p.m. on the day before the polling day for the election or referendum; and

(ii)to the commission but otherwise in compliance with subsection (2) or (3).

(8)The person is taken to have given notice to the electoral registrar in compliance with subsection (2) or (3).

s 65 amd 1997 No. 11 s 102 sch 2; 2011 No. 45 s 230; 2023 No. 23 s 68

66Provisional enrolment

(1)The commission must enrol a person as an elector for an electoral district if the person—

(a)is 16 or 17; and

(b)would, if the person were 18, be entitled to be enrolled for the electoral district; and

(c)makes a request to be enrolled in the form and way approved by the commission.

(2)The enrolment does not have effect for the purposes of this Act until the person turns 18.

s 66 amd 2011 No. 14 s 6

67Objections

(1)An elector may object against the enrolment of a person who is enrolled because of section 64(1)(a)(ii).

(2)The objection must—

(a)set out the grounds on which it is made; and

(b)be made in a form and way approved by the commission; and

(c)be accompanied by a deposit of—

(i)$2; or

(ii)if a greater amount is prescribed for the purposes of this section—that amount.

(3)If—

(a)an objection is made against the enrolment of a person; or

(b)the commission decides that any person enrolled on an electoral roll, because of section 64(1)(a)(ii), should not have been enrolled;

the commission must, subject to subsection (4), give the person concerned a reasonable opportunity to answer the objection or respond to the decision.

(4)If the commission considers that the objection is frivolous or vexatious, it must take no further action on the objection.

(5)After considering any answer to the objection or response to the decision, the commission must take such action (if any) as it considers necessary to amend the electoral rolls.

(6)The commission must—

(a)give written notice of the action taken by it and its reasons for taking the action to—

(i)the person objected against or to whom the decision relates; and

(ii)in the case of an objection—the objector; and

(b)if the name of the person objected against or to whom the decision relates was removed from an electoral roll—include in the notice advice of the person’s right to have the decision to take the action reviewed.

(7)If, because of an objection, the name of the person objected against is removed from an electoral roll, the commission must repay the deposit that accompanied the objection.

(8)For the purpose of ensuring that only persons who are properly entitled to be enrolled under the Commonwealth Electoral Act are enrolled on an electoral roll because of section 64(1)(a)(i), the electoral commissioner, or member of the commission’s staff authorised for the purpose by the electoral commissioner, may take any action that the person is permitted to take under the Commonwealth Electoral Act, including making an objection under that Act to the enrolment.

pt 5 hdg ins 1996 No. 79 s 39

68Commission to keep register of special postal voters

The commission must keep, or arrange to be kept, a register of special postal voters.

s 68 ins 1996 No. 79 s 39

69Scope of part

This part sets out the way in which certain political parties may become registered for various purposes under this Act.

70Register of political parties

(1)The commission must, in accordance with this part, keep a register containing the names of, and other information and documents related to, political parties registered under this part.

(2)The commission must keep the register in the form and way that the commission considers appropriate.

(3)The register is called the register of political parties.

71Applications for registration

(1)An application for registration of a political party is to be made in accordance with this section.

(2)The application must only be made for the registration of a registrable political party.

(3)The application must be made by the secretary of the party.

(4)The application must be made to the commission in a form approved by the commission for the purposes of this section, and must—

(a)state a name for the political party; and

(b)if the political party wishes to use an abbreviation of its name on ballot papers for elections—set out the abbreviation; and

(c)set out the name and address of the person who is to be the political party’s registered officer for the purposes of this Act; and

(d)if the application is for a Queensland parliamentary party—set out the name of 1 member of the party who is a member of the Legislative Assembly; and

(e)if the application is for a party that is not a Queensland parliamentary party—set out the names and addresses of 500 members of the party who are electors; and

(f)be accompanied by a copy of the party’s constitution; and

(g)set out any other prescribed information and be accompanied by a copy of any other prescribed document.

s 71 amd 1994 No. 82 s 2 sch

72Publication of notice of application

(1)As soon as practicable after an application is made to the commission, the commission must publish a notice in relation to the application in—

(a)the gazette; and

(b)a newspaper circulating generally in the State.

(2)The notice must—

(a)set out the information included in the application under section 71(4)(a) to (c); and

(b)invite any persons who believe that the application—

(i)is not in accordance with section 71; or

(ii)should be refused under section 75;

to submit to the commission, within 1 month after the day of publication of the gazette notice, a statement under subsection (3).

(3)The statement must—

(a)set out in detail the grounds for the belief; and

(b)set out the address of the person; and

(c)be signed by the person.

(4)The commission must make the statement available at its office for public inspection, without fee.

(5)The commission must give the person who is to be the party’s registered officer—

(a)a copy of the statement; and

(b)a notice inviting the person to give the commission a reply to the statement within such reasonable period as is specified in the notice.

(6)If the person gives the commission a reply within the period, the commission must, as soon as practicable, make the reply available at its office for public inspection, without fee.

73Registration

(1)If the commission, after considering all statements and replies to the statements under section 72, is satisfied that the application complies with the requirements of section 71, the commission must, subject to subsection (3) and section 75, register the political party.

(2)Registration is effected by entering or otherwise including in the register of political parties—

(a)the information set out in the application (other than under section 71(4)(e)); and

(b)any document accompanying the application as required by section 71(4)(f) and (g).

(3)The commission must not take any action in relation to the application during the election period in relation to an election.

(4)The commission must not register a political party other than in accordance with this section.

(5)On registration of the political party, the person whose name was set out in the application under section 71(4)(c) becomes the party’s registered officer for the purposes of this Act.

(6)As soon as possible after it registers the political party, the commission must—

(a)give written notice to the registered officer that it has done so; and

(b)if any person made a statement to the commission under section 72 in relation to the application—give written notice to the person stating that it has registered the party and setting out why the reasons in the person’s statement were rejected; and

(c)notify the party’s registration by gazette notice.

74Registered officer’s deputy

(1)A registered officer may nominate a person as a deputy of the registered officer for the purposes of this Act.

(2)The nomination—

(a)must be in writing, signed by the registered officer and lodged with the commission; and

(b)must be signed by, and state the name and address of, the person nominated; and

(c)may be revoked by the registered officer by written notice given to the commission.

s 74 ins 1997 No. 10 s 5

75Refusal of registration

(1)In this section—

application name means a name for a political party, or the abbreviation of the name for a political party, set out in the party’s application for registration.

party name means the name, or an abbreviation or acronym of the name, of a parliamentary party or registered political party.

public body name means the name, or an abbreviation or acronym of the name, of a prominent public body.

(2)The commission may refuse to register a political party if the commission believes on reasonable grounds that information set out in, or documents required to accompany, the application are incorrect.

(3)The commission must refuse to register a political party if the party’s application name—

(a)has more than 6 words; or

(b)is obscene or offensive; or

(c)is a party name; or

(d)so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or

(e)includes the word ‘independent’; or

(f)would otherwise be likely to cause confusion if registered.

(4)The commission may refuse to register a political party if the party’s application name—

(a)is a public body name; or

(b)so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name.

(5)The commission must refuse to register a political party if the party’s constitution is not a complying constitution.

(6)If the commission decides to refuse an application, it must give the person who was to be the registered officer of the political party written notice of—

(a)the refusal; and

(b)the reasons for the refusal; and

(c)the rights of the person to have the refusal decision reviewed.

s 75 amd 1994 No. 82 s 6; 2001 No. 25 s 2 sch 1; 2002 No. 8 s 10

76Complying constitution

(1)A political party’s constitution is a complying constitution if it contains the following—

(a)the party’s objects, 1 of which must be the promotion of the election to the Legislative Assembly of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part;

(b)the procedure for amending the constitution;

(c)the rules for membership of the party, which must include the following rules—

(i)a rule stating the procedure for accepting a person as a member;

(ii)a rule stating the procedure for ending a person’s membership;

(iii)a rule prohibiting a person from becoming a member of the party if the person has been convicted of a disqualifying electoral offence within 10 years before the person applies to become a member;

(iv)a rule prohibiting a person from continuing as a member of the party if the person is convicted of a disqualifying electoral offence;

(d)a statement about how the party manages its internal affairs, including a statement about—

(i)the party structure; and

(ii)the process for dispute resolution;

(e)the rules for selecting—

(i)a person to hold an office in the party; and

(ii)a candidate to be endorsed by the party for an election or an election for a local government;

(f)a rule requiring that a preselection ballot must satisfy the general principles of free and democratic elections.

(2)The general principles of free and democratic elections as applied to a preselection ballot are as follows—

(a)only members of the party who are electors may vote;

(b)only members of the party who are eligible to vote in the ballot under the party’s constitution may vote;

(c)each member has only 1 vote;

(d)voting must be done by secret ballot;

(e)a member must not be improperly influenced in voting;

(f)a member’s ballot paper must be counted if the member’s intention is clear;

(g)members’ votes must be accurately counted;

(h)each person who is seeking selection may be present personally, or may be represented by another person, at the ballot and for the scrutiny, and counting, of votes.

s 76 ins 2002 No. 8 s 11

77Amendment of register

(1)An application may be made under this section to the commission for the amendment of the information, or the replacement of documents, in the register of political parties in relation to a registered political party.

(2)The application must be made in the form and way approved by the commission.

(3)The application must be made by—

(a)the party’s registered officer; or

(b)if the application is to change the party’s registered officer—the party’s secretary.

(4)This part applies to an application under this section, subject to any necessary changes, as if it were an application for registration of a political party.

78Cancellation of registration

(1)The commission may cancel the registration of a party at the written request of the party’s registered officer.

(2)The commission may cancel the registration of a political party if the commission is satisfied on reasonable grounds that—

(a)the party no longer exists; or

(b)the party is not a Queensland parliamentary party and does not have at least 500 members who are electors; or

(c)the candidates at the next 2 general elections held after the registration of the party did not include at least 1 candidate endorsed by the party; or

(d)the registration was obtained by fraud or misrepresentation; or

(e)the party’s constitution is not a complying constitution; or

(f)the party’s registered officer has failed to comply with section 80(1) or (2), including, for example, by giving false or misleading information under the provision.

(3)If the commission proposes to cancel the registration of a party, other than because of subsection (2)(d), the commission must—

(a)give written notice of its proposed action to the party’s registered officer; and

(b)give notice of its proposed action in—

(i)the gazette; and

(ii)a newspaper circulating generally in the State; and

(c)include in the notice under paragraph (b) a statement that persons may, within 14 days after the gazette notice is given, object to the commission in writing against the proposed cancellation.

(4)The commission must consider any objection made under subsection (3) before taking any further action in relation to the cancellation.

(5)If the commission decides to cancel the registration of a party, the commission must—

(a)give notice of the cancellation and the reasons for it to the person who was the party’s registered officer immediately before the cancellation; and

(b)give notice of the cancellation in the gazette; and

(c)cancel the information in, and remove the documents from, the register of political parties relating to the political party; and

(d)retain the documents in the commission’s records.

s 78 amd 2002 No. 8 s 12

79Public access to register

(1)The commission must ensure that the register of political parties is made available for public inspection, without fee, at its office.

(2)As soon as practicable after the issue of a writ for an election, the commission must publish in the gazette—

(a)a list of the names of all political parties included in the register; and

(b)a list of the names of the registered officers of the political parties.

80Party constitution

(1)The registered officer of a registered political party must, within 7 days after each report date, notify the commission in the approved form whether or not an amendment has been made to the party’s constitution since the last report date.

(2)If an amendment has been made, the registered officer must also give the commission—

(a)a copy of the amended constitution; and

(b)a summary of the amendments.

(3)In this section—

report date means 31 March, 30 June, 30 September and 31 December in each year.

Note—

See section 78(2)(f) for the effect of noncompliance with subsection (1) or (2).

s 80 ins 2002 No. 8 s 13

pt 7 hdg prev pt 7 hdg ins 1994 No. 82 s 15

om 2011 No. 14 s 14A

81Writs for elections

(1)The commission must conduct an election of a member or members of the Legislative Assembly if the Governor or the Speaker of the Legislative Assembly issues a writ to the commission in accordance with this division.

(2)The commission must conduct the election in accordance with the writ, subject to this part and the Constitution of Queensland 2001, chapter 2, part 2A.

s 81 amd 2019 No. 31 s 14

82Writs by Governor

The Governor is to issue writs of the following kind—

(a)a writ for a general election under the Constitution of Queensland 2001, chapter 2, part 2A;

(b)a writ for an election to which section 83(1) or 95(3) applies;

(c)a writ for an election ordered by the Court of Disputed Returns under section 128(14) or 146.

s 82 sub 2019 No. 31 s 15

83Writs for vacancy in the membership of the Legislative Assembly

(1)The Governor must issue a writ to fill a vacancy in the membership of the Legislative Assembly if the vacancy—

(a)arises after a general election and before the first meeting of the Legislative Assembly after the election; or

(b)is caused by death or resignation and arises when the Legislative Assembly is not sitting.

(2)The Speaker of the Legislative Assembly must issue a writ for an election to fill a vacancy in the membership of the Legislative Assembly if—

(a)the vacancy is not one mentioned in subsection (1) or section 95(3); and

(b)the Legislative Assembly passes a resolution declaring that the vacancy exists and stating its cause.

(3)However, if a vacancy mentioned in subsection (1)(b) or (2) arises within 3 months before the next normal dissolution day for the Legislative Assembly, the Speaker or Governor may, but need not, issue a writ for an election to fill the vacancy.

(4)In this section—

normal dissolution day see the Constitution of Queensland 2001, section 19C(1).

s 83 sub 2019 No. 31 s 15

84Form and content of writs

(1)A writ must set out the following—

(a)the day of issue of the writ;

(b)the cut-off day for electoral rolls for the election, which must be not less than 5 days, nor more than 7 days, after the issue of the writ;

(c)the cut-off day for the nomination of candidates for the election, which must be not less than 8 days, nor more than 18 days, after the issue of the writ;

(d)the polling day, which must be—

(i)for a writ for a general election—the polling day for the election under the Constitution of Queensland 2001, section 19B or 19F; or

(ii)for another writ—a Saturday not less than 26 days, nor more than 56 days, after the issue of the writ;

(e)the day for the return of the writ, which must be not more than 84 days after the issue of the writ.

(2)For the purpose of determining under subsection (1) a cut-off day, the polling day or the day for the return of the writ (the relevant day)—

(a)the day of issue of the writ; and

(b)the relevant day itself;

are both to be included in any specified number of days.

(3)The Acts Interpretation Act 1954, section 38 does not apply for the purpose of determining, or in relation to a day determined, under subsection (1).

s 84 amd 2019 No. 31 s 16

85Commission to publish writ and prepare for election

On receiving a writ, the commission must—

(a)arrange for a copy of the writ to be published in the gazette; and

(b)advertise the days specified in the writ in such other ways as the commission considers appropriate; and

(c)make appropriate arrangements, in accordance with this part, for the conduct of the election or elections concerned.

86Change of time limits in writ

(1)Despite anything in this Act, the Governor or Speaker, as the case requires, may by gazette notice either before, on or after a day specified in the writ under section 84(1)(a) to (e)—

(a)for a day mentioned in section 84(1)(a) to (d)—substitute a later day for the day stated in the writ; or

(b)for the day mentioned in section 84(1)(e)—substitute an earlier or later day for the day stated in the writ; or

(c)provide for anything to be done to overcome any difficulty that might otherwise affect the election concerned.

(2)A substitution may be made under this section either generally or for a stated electoral district.

(3)The Governor or Speaker must not substitute a day for polling day that is more than 21 days after the day specified in the writ.

(4)When the notice is gazetted, it has effect accordingly.

(5)Subsection (1)(a) does not apply to a polling day for an ordinary general election.

Note—

The Constitution of Queensland 2001, section 19B(3) provides for the Governor to postpone the polling day for an ordinary general election in particular circumstances.

s 86 amd 2001 No. 25 s 3; 2019 No. 31 s 17

87Who may be nominated

Provisions about who may be nominated as a candidate for election, and may be elected, as a member of the Legislative Assembly for an electoral district are set out in the Parliament of Queensland Act 2001, section 64.

s 87 sub 2001 No. 81 s 135

amd 2003 No. 19 s 3 sch

88How and when nomination takes place

(1)The following persons are the only persons who nominate a candidate—

(a)the registered officer of a registered political party that has endorsed the candidate for the election;

(b)6 or more persons who are enrolled on the electoral roll for the electoral district concerned and none of whom has previously nominated a candidate for the election.

(2)To have effect for the purposes of this Act, the nomination must comply with the requirements set out in this section and section 89.

(3)The nomination—

(a)must be in a form approved by the commission for the purposes of this section; and

(b)must contain the following—

(i)the candidate’s name, address and occupation;

(ii)a signed statement by the candidate consenting to the nomination;

(iii)if subsection (1)(a) applies—a signed statement by the party’s registered officer that the registered political party has endorsed the candidate.

(4)The nomination must be given to—

(a)if subsection (1)(a) applies—the commission; or

(b)if subsection (1)(b) applies—the commission or the returning officer for the electoral district.

(5)The nomination must be given—

(a)after the day of issue of the writ for the election; and

(b)before noon on the cut-off day for nomination of candidates for the election.

89Deposit to accompany nomination

(1)At the same time as a nomination is given to the commission or the returning officer, the candidate (or another person on the candidate’s behalf) must deposit with the commission or returning officer—

(a)$250; or

(b)if a greater amount is prescribed for the purposes of this section—that amount.

(2)The deposit must be paid in cash or by bank cheque, credit card or electronic funds transfer.

(3)Subject to subsection (4), the deposit must be held until the writ for the election has been returned.

(4)If the candidate dies before the writ is returned, the deposit must be returned to—

(a)if the deposit was paid by someone other than the candidate—the other person; or

(b)otherwise—the candidate’s personal representative.

(5)The deposit must be returned to the person who paid the deposit, or someone else with the person’s written authority, if—

(a)the candidate withdraws consent to the nomination under section 92; or

(b)the candidate is elected; or

(c)at least 4% of the total number of formal first preference votes polled in the election for the electoral district are in favour of the candidate.

(6)The deposit becomes the property of the State when the outcome of the election is determined unless subsection (4) or (5) applies.

s 89 amd 2002 No. 8 s 14; 2008 No. 47 s 4A (retro); 2014 No. 32 s 5; 2019 No. 31 s 18; 2020 No. 20 s 5

90Grounds for deciding a person is not properly nominated

(1)In this section—

nomination name means the name used for a nomination under this division.

party name means the name, or an abbreviation or acronym of the name, of a parliamentary party or registered political party.

public body name means the name, or an abbreviation or acronym of the name, of a prominent public body.

(2)The commission may decide that a person who has changed his or her name is not properly nominated because the nomination name—

(a)is a party name; or

(b)so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or

(c)includes the word ‘independent’; or

(d)is a public body name; or

(e)so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or

(f)is obscene or offensive.

(3)The commission may also decide that a person who has changed his or her name is not properly nominated if the commission considers the name could cause confusion.

Example—

If a person’s name is ‘Informal’, the commission may consider that the name could cause confusion to electors.

(4)If the commission decides a person is not properly nominated for an election, it must give the person—

(a)the decision; and

(b)the reasons for the decision; and

(c)a notice stating the person’s right to dispute the election.

Note—

For a person’s right to dispute the election, see section 139.

s 90 ins 1994 No. 82 s 7

91Effect of multiple nominations

If, at noon on the cut-off day for the nomination of candidates for the election, a person nominated as a candidate for election for the electoral district is also nominated for election for another electoral district, each of the nominations is of no effect.

91AWithdrawal of endorsement of candidate

(1)This section applies if—

(a)a registered political party nominates a person as a candidate for an election under section 88(1)(a); and

(b)before the election, the party withdraws the party’s endorsement of the person as a candidate for the election.

Note—

See section 306A for the requirement for a registered political party to notify the commission about—

(a)the party’s endorsement or proposed endorsement of a person as a candidate for an election; or

(b)changes to the endorsement or proposed endorsement.

(2)The registered officer of the registered political party must notify the commission, in the approved form, of the withdrawal of the endorsement.

Maximum penalty—40 penalty units.

(3)If the notification is given to the commission before noon on the cut-off day for the nomination of candidates, the nomination of the person is of no effect.

(4)If the notification is given to the commission after noon on the cut-off day for the nomination of candidates, a ballot paper is taken to comply with section 102 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate’s name on the ballot paper.

(5)As soon as practicable after the commission receives the notification, the commission must give the candidate a notice that states—

(a)the contents of the notification; and

(b)when the commission received the notification; and

(c)if subsection (3) or (4) applies in relation to the notification—the effect of the subsection.

s 91A ins 2020 No. 20 s 6

92Withdrawal of consent to nomination

(1)A person nominated as a candidate for election may withdraw consent to the nomination by notice signed by the person and given to the commission or the returning officer, as the case requires, before noon on the cut-off day for nomination.

(2)If this happens, the nomination is of no effect.

93Announcement of nominations

(1)As soon as practicable after noon on the cut-off day for nominations, the commission must advise the returning officer for each electoral district of the names of all persons properly nominated to the commission for election for the district.

(2)As soon as practicable after advice is received from the commission, each returning officer must arrange for a notice stating the names of the persons properly nominated for election to the electoral district to be—

(a)displayed in a conspicuous place at the returning officer’s office; and

(b)published in such ways as the returning officer considers appropriate.

(3)On the display of the names at the returning officer’s office, the persons become candidates for the election for the electoral district.

(4)A person is properly nominated for election for the purposes of this section if—

(a)the provisions of this division relating to nomination have been complied with or, if there is a formal defect or error in the nomination, the provisions have been substantially complied with; and

(b)neither section 91 nor 92 applies to the person’s nomination.

94Election of sole candidate

If there is only 1 candidate for election for an electoral district, the candidate is elected.

95Failure of election

(1)This section applies if—

(a)a candidate dies before the polling day for the election; or

(b)there are no candidates for the election.

(2)The writ, and everything done in connection with the election for the electoral district because of the writ, are of no effect.

(3)The Governor must issue a writ for a fresh election for the electoral district.

(4)The deposits of any other candidates for the election for the electoral district are to be returned.

96Election to be held

Subject to sections 94 and 95, an election must be held in accordance with the writ and the provisions of this part.

97Commission to make arrangements for elections

(1)The commission has the continuing function of making appropriate administrative arrangements for the conduct of elections.

(2)The function includes doing the things required by the remainder of this division.

(3)The commission must arrange for the appointment and employment of appropriate members of staff for the conduct of elections.

98Setting up and operating polling booths

(1)The commission must ensure that appropriate polling booths are established for elections.

(2)In deciding the number, kind and location of polling booths, the commission must take into account, in addition to any other matters that it considers relevant, the desirability of the booths being the same as polling booths for the purposes of the Commonwealth Electoral Act and of their being accessible to voters with disabilities.

(3)The commission must ensure that each polling booth is provided with an adequate number of voting compartments and ballot papers.

(4)In the case only of a mobile polling booth mentioned in section 99(8), the commission must, if requested by a candidate, ensure that ‘how to vote’ matter supplied by the candidate is distributed at the polling booth.

(5)The commission must advertise, in the ways the commission considers appropriate, including, for example, on the commission’s website, the following information about each polling booth for an election—

(a)the electoral districts for which an ordinary vote may be made at the polling booth;

(b)the location of the polling booth;

(c)the voting hours of the polling booth.

(6)The commission must not—

(a)establish a polling booth on polling day; or

(b)abolish a previously established ordinary polling booth during the period beginning when the writ for an election is issued and ending on polling day, unless it is necessary to do so for circumstances beyond the commission’s control.

(7)The commission must advertise the establishment and abolition of ordinary polling booths in the ways the commission considers appropriate, including, for example, on the commission’s website.

(8)The commission must ensure that—

(a)electors are allowed to enter ordinary polling booths between 8a.m. and 6p.m. on polling day and to stay until they have voted; and

(b)appropriate electors are allowed to enter mobile polling booths, at times determined in writing by the commission, during the period referred to in section 99(4) and (9) and to stay until they have voted.

s 98 amd 2019 No. 31 s 19

99Kinds of polling booths

(1)There are 3 kinds of polling booths—

(a)ordinary polling booths; and

(b)mobile polling booths; and

(c)pre-poll voting offices.

(2)An ordinary polling booth is a building or other structure, or a part of a building or other structure, that the commission arranges to be available on polling day in relation to an election for the purpose of enabling electors in general to vote.

(3)A mobile polling booth is—

(a)an institution declared under subsection (4) to be a mobile polling booth; or

(b)a building, structure, vehicle or other place declared under subsection (8) to be a mobile polling booth.

(4)If the commission considers that patients or residents of an institution should be able to vote at the institution, the commission may declare the institution to be a mobile polling booth for the election.

(5)The commission may require an issuing officer visiting an institution declared under subsection (4) to present how-to-vote cards to electors at the institution and present the cards in a particular way.

Example—

The commission may require an issuing officer to give how-to-vote cards to electors at a declared institution or to paste the cards on a manila folder and show it to the electors.

(6)The issuing officer must comply with the requirement.

(7)If the commission declares the institution to be a mobile polling booth, the person in charge of the institution must allow access by members of the commission’s staff, and by patients, residents or inmates of the institution, for the purpose of enabling voting to take place at the election.

(8)If the commission considers an area is too remote to have enough electors to establish an ordinary polling booth, the commission may—

(a)arrange for a building, structure, vehicle or other place to be available as a mobile polling booth for electors in the area to vote at the election; and

(b)declare the building, structure, vehicle or other place to be a mobile polling booth for the election.

(9)The commission, a returning officer or an issuing officer may change the arrangements made under subsection (8) at any time.

(10)If the arrangements are changed, the commission, returning officer or issuing officer must take the steps that are practical and appropriate to give public notice of the changed arrangements.

(11)The result of the election is not invalidated only because an issuing officer failed to visit a mobile polling booth as arranged.

(12)A declaration made under subsection (4) or (8) must state—

(a)the electoral districts for which electors may make an ordinary vote at the mobile polling booth; and

(b)the days, during the period that starts 11 days before polling day and ends at 6p.m. on polling day, when electors may vote at the mobile polling booth; and

(c)the voting hours for the mobile polling booth on those days.

(13)The commission must publish a declaration made under subsection (4) or (8), and otherwise advertise the information stated in the declaration about the mobile polling booths, in the ways the commission considers appropriate, including, for example, on the commission’s website.

s 99 amd 2002 No. 8 s 15; 2014 No. 32 s 6; 2019 No. 31 s 20

99APre-poll voting offices

(1)The commission may declare for an election—

(a)a stated place (a pre-poll voting office) to be a place where an elector may—

(i)make a pre-poll ordinary vote for an electoral district; or

(ii)make a declaration vote for the election; and

(b)the electoral districts for which a pre-poll ordinary vote may be made at the place; and

(c)the times during which electors are allowed to make a vote at the place.

(2)The commission must publish a declaration under subsection (1), and otherwise advertise the information stated in the declaration about the pre-poll voting offices, in the ways the commission considers appropriate, including, for example, on the commission’s website.

s 99A ins 2019 No. 31 s 21

99BSuspension of poll

(1)A returning officer may suspend the poll at a polling booth on polling day for not more than 4 hours if the returning officer is satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by—

(a)a serious threat of a riot or open violence happening; or

(b)a serious risk to the health or safety of persons at the polling booth; or

(c)another emergency.

(2)The returning officer must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to make a vote, including—

(a)the time the poll is expected to resume at the polling booth; and

(b)the location of other polling booths.

(3)The returning officer must adjourn the conduct of the poll at the polling booth to another day if—

(a)for any reason, taking of the poll at the polling booth can not resume on polling day; or

(b)the returning officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to have cast a vote at another polling booth.

s 99B ins 2019 No. 31 s 21

100Adjournment of poll

(1)A returning officer may adjourn the poll at a polling booth to another day if the returning officer is satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted or obstructed by any of the things stated in subsection (2) to the extent that the taking of the poll can not start or continue at the polling booth.

(2)For subsection (1), the things are as follows—

(a)a storm, flood, fire or similar happening;

(b)a riot or open violence;

(c)a serious threat of a riot or open violence happening;

(d)a serious risk to the health or safety of persons at the polling booth;

(e)another emergency.

(3)If the poll is adjourned under subsection (1) or section 99B(3), the commission must fix a day (not later than 34 days after the polling day) for taking, or resuming, the adjourned poll.

(4)The commission must publish notice of the day fixed for taking, or resuming, the adjourned poll on the commission’s website and in other ways the commission considers appropriate.

(5)If an adjourned poll is held, only electors who are enrolled in the electoral district for which the polling booth is established and who have not already voted in the election are entitled to vote.

(6)The adjourned poll is taken to have been held on the polling day.

s 100 sub 2019 No. 31 s 22

101Register of candidates

(1)As soon as practicable after the commission advises the returning officer of an electoral district of the names of the candidates for an election for the electoral district, the commission must enter, in a register called the register of candidates, the information, and a summary of the content of any statement, set out in the nomination in relation to each of the candidates under section 88(3).

(2)The register of candidates is to be kept in such form and way as the commission considers appropriate.

(3)If elections for other electoral districts have the same polling day, a single register must be used for all of the elections.

(4)The register of candidates must be open for public inspection, without fee, at the commission’s office.

(5)If any name or address entered in the register of candidates in relation to a candidate ceases to be correct, the candidate may apply to the commission to have the entry corrected.

(6)The commission must correct the entry.

101ASupply of electoral rolls and ballot papers

(1)The commission must ensure a sufficient number of the following are available at each polling place—

(a)certified copies of the electoral roll for each electoral district as at 6p.m. on the cut-off day for electoral rolls;

(b)ballot papers for each electoral district.

(2)Without limiting subsection (1)(a), a certified copy of the electoral roll for an electoral district is available at a polling place if—

(a)a certified copy of the electoral roll can be accessed electronically from the polling place; and

(b)an issuing officer at the polling place can use the certified copy to make an electronic record of the persons to whom a ballot paper is issued.

(3)Without limiting subsection (1)(b), a ballot paper for an electoral district is available at a polling place if a ballot paper can be reproduced at the place under section 102A.

s 101A ins 2019 No. 31 s 23

amd 2023 No. 23 s 69

102Form of ballot papers

(1)Ballot papers for an election for an electoral district, other than a completed ballot paper printed for an electronically assisted vote, must—

(a)be of such material and opacity that, when folded, the way the elector voted is effectively concealed; and

(b)for a ballot paper other than a ballot paper reproduced under section 102A, be attached to a butt that—

(i)is not part of the ballot paper; and

(ii)is perforated in such a way that the ballot paper may be easily detached from it; and

(iii)states the name of the electoral district; and

(c)show the name of the State, that the election is for a member of the Legislative Assembly, the name of the electoral district and the day of the election; and

(d)contain the names of all candidates for election, set out in the order determined under section 103; and

(e)if the commission considers that a similarity in the names of 2 or more candidates is likely to cause confusion—contain a description or addition that the commission considers will sufficiently distinguish the names; and

(f)contain a square opposite the name of each candidate; and

(g)if a candidate endorsed by a registered political party was nominated under section 88(1)(a)—contain, printed adjacent to the candidate’s name—

(i)if the register of political parties includes an abbreviation of the party’s name—the abbreviation; or

(ii)otherwise—the party’s full name included in the register of political parties.

(2)The ballot papers to which subsection (1) applies must contain the following sentence—
You must number every square in the order of your preference.

(3)A completed ballot paper printed for an electronically assisted vote must—

(a)be of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and

(b)state the name of the electoral district for which the vote is made.

s 102 amd 2001 No. 25 s 4; 2014 No. 32 s 7; 2016 No. 20 s 13A; 2019 No. 31 s 24

102ABallot papers may be reproduced if required

(1)This section applies if a polling place does not have, or runs out of, ballot papers for an electoral district.

(2)An issuing officer at the polling place may reproduce a ballot paper for the electoral district, including, for example, by photocopying, handwriting or printing the ballot paper.

(3)Section 102(1) applies to a ballot paper reproduced under this section.

(4)The issuing officer must keep a record of the number of ballot papers for an electoral district the officer reproduces under this section.

s 102A ins 2019 No. 31 s 25

103Order of candidates’ names on ballot papers

(1)The order of the names of candidates on ballot papers for an electoral district is to be determined under this section.

(2)To determine the order, a member of the commission’s staff must, in the presence of 2 witnesses—

(a)write the name of each candidate on a separate piece of paper; and

(b)ensure that each piece of paper is the same kind, shape, size and colour; and

(c)place each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way in order to make each the same size and thickness; and

(d)ensure that each envelope is opaque and of the same kind, shape, size and colour; and

(e)after each piece of paper has been placed in an envelope, seal the envelope; and

(f)place all the envelopes in a container and shuffle them; and

(g)draw the envelopes out, 1 at a time; and

(h)as each envelope is drawn out, open it and note the name of the candidate on the piece of paper in the envelope.

(3)The order in which the names are noted is the order in which the names are to appear on the ballot paper.

(4)The member of the commission’s staff must allow any candidate, or representative of a candidate, to be present.

104Scrutineers

(1)Each candidate for an election for an electoral district may, by notice sent to the returning officer for the electoral district, appoint adult persons as scrutineers.

(2)Scrutineers are entitled to be present in each ordinary polling booth, mobile polling booth and pre-poll voting office at times when electors are allowed to vote at the place.

(3)Scrutineers are also entitled to be present—

(a)beforehand at polling places for the purpose of—

(i)inspecting ballot boxes; and

(ii)the examination of declaration envelopes received before 6p.m. the day before polling day; and

(b)afterwards at polling places and elsewhere to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and

(c)at a place to observe any part of a procedure for making an electronically assisted vote.

(4)At a polling place during times when electors are allowed to vote and beforehand, each candidate is entitled to have 1 scrutineer present for each issuing officer at the place.

(5)At the examination of declaration envelopes and the counting of votes, including electronically assisted votes, each candidate is entitled to have 1 scrutineer present for each member of the commission’s staff at the place.

(6)A scrutineer may—

(a)object to the entitlement of a person to vote at the election; or

(b)record details of electors who vote at the election, and take the record out of the polling place; or

(c)do anything else permitted by this Act.

(7)Issuing officers at a polling place must, before voting starts, allow scrutineers for candidates to inspect the ballot boxes that are to be used for voting at the place.

(8)Each scrutineer must carry adequate identification to show that the person is a scrutineer.

s 104 amd 1997 No. 10 s 6; 2011 No. 14 s 7; 2014 No. 32 s 8; 2019 No. 31 s 26

105Correction of errors

(1)If there is a delay, error or omission in or in relation to the preparation, issue or return of any writ, it may be corrected by gazette notice by the Governor or the Speaker, as the case requires, setting out what is to be done.

(2)If there is a delay, error or omission in or in relation to the preparation, issue, sending or return of any electoral roll, ballot paper or other document (apart from a writ), it may be corrected by a gazette notice by the commission setting out what is to be done.

106Who may vote

(1)The following persons are the only persons who are entitled to vote at an election for an electoral district—

(a)persons enrolled on the electoral roll for the district;

(b)persons who are not enrolled, but are entitled to be enrolled on the electoral roll for the district because of section 64(1)(a)(ii);

(c)persons whose names are not on the electoral roll for the district because of official error;

(d)persons who—

(i)are not enrolled on the electoral roll for any district but are entitled to be enrolled on the electoral roll for the district; and

(ii)after 6p.m. on the cut-off day for electoral rolls and no later than 6p.m. on the day before the polling day, have given a notice to the commission or an electoral registrar for the district under section 65.

(2)A person is not entitled to vote—

(a)more than once at the same election for an electoral district; or

(b)at 2 or more elections for electoral districts held on the same day.

(3)Also, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at an election for an electoral district.

(4)For subsection (3), a person is serving a sentence of imprisonment only if—

(a)the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and

(b)the detention is attributable to the sentence of imprisonment concerned.

s 106 amd 2006 No. 41 s 35G; 2011 No. 14 s 8; 2011 No. 45 s 231; 2019 No. 31 s 27; 2023 No. 23 s 70

pt 7 div 5 sdiv 1AA hdg ins 2019 No. 31 s 28

106AParticular references relating to an electoral district

For this division—

(a)a reference to an electoral district in relation to an elector is a reference to the electoral district for which the elector is enrolled; and

(b)a reference to a polling booth established for an electoral district, or otherwise in relation to an electoral district, is a reference to a polling booth at which an ordinary vote for the electoral district may be made; and

(c)a reference to a returning officer in relation to an elector is a reference to the returning officer for the electoral district for which the elector is enrolled.

s 106A ins 2019 No. 31 s 28

107Procedure for voting

(1)An elector is to vote by following the procedures set out in this section unless the elector—

(a)makes a pre-poll ordinary vote under section 112; or

(b)makes, or must make, a declaration vote under subdivision 3; or

(c)makes an electronically assisted vote under subdivision 3A.

(2)The elector is, during ordinary voting hours, to enter a polling booth for the elector’s electoral district.

(3)In the polling booth, the elector must ask the issuing officer for a ballot paper for the electoral district.

(4)If the elector—

(a)has a ballot paper for the electoral district and declaration envelope for the election; and

(b)does not intend to make a declaration vote under subdivision 3;

the elector must give the papers to the issuing officer.

(5)The issuing officer must issue a ballot paper for the electoral district to a person if the issuing officer is satisfied the person is entitled to vote at the election for the electoral district.

(6)The issuing officer may ask of a person requesting a ballot paper questions for the purpose of deciding whether the person is entitled to vote at the election for the electoral district.

(7)The issuing officer must comply with section 121 if the issuing officer has asked questions under subsection (6) and suspects a person claiming to be a particular elector is not the elector.

(8)The issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section.

(9)The issuing officer must, if a scrutineer requests it, keep a record of any objection by the scrutineer to the entitlement of a person to vote.

(10)On being given the ballot paper, the elector must, without delay—

(a)go alone to an unoccupied voting compartment in the polling booth; and

(b)there, in private, mark a vote on the ballot paper in accordance with section 122; and

(c)fold the ballot paper to conceal the vote and put it in a ballot box in the polling booth; and

(d)leave the polling booth.

s 107 amd 1997 No. 10 s 7; 2011 No. 14 s 9; 2014 No. 32 s 9; 2015 No. 2 s 4; 2019 No. 31 s 29

108Help to enable electors to vote at polling booths

(1)Subject to subsection (2), if an elector satisfies an issuing officer that the elector is unable to vote without help, the elector may be accompanied in the polling booth by another person chosen by the elector.

(2)The other person may help the elector in any of the following ways—

(a)acting as an interpreter;

(b)explaining the ballot paper and the requirements of section 122 relating to its marking;

(c)marking, or helping the elector to mark, the ballot paper in the way the elector wishes;

(d)folding the ballot paper and putting it in the ballot box.

(3)If an elector (including an elector who makes or must make a declaration vote) is unable to enter a polling booth because of illness, disability or advanced pregnancy, but is able to come to a place (the voting place) close to the polling booth, then, subject to subsection (4)—

(a)the issuing officer may perform the issuing officer’s functions; and

(b)the voter may vote;

at the voting place as if it were the polling booth.

(4)The issuing officer must—

(a)before taking any action under subsection (3), inform any scrutineers present of the proposed action; and

(b)allow only 1 scrutineer for each candidate to be present at the voting place; and

(c)ensure that, after the ballot paper is marked, it is—

(i)folded to conceal the vote; and

(ii)put into an envelope and sealed; and

(d)if the elector has made an ordinary vote—open the envelope inside the polling booth in the presence of any scrutineers and put the folded ballot paper in a ballot box.

s 108 amd 1994 No. 82 s 8

109Help to enable electors to vote at hospitals

(1)If a polling booth is a hospital or part of a hospital, an issuing officer may visit patients in the hospital or the part of the hospital for the purpose of enabling them to vote.

(2)When visiting a patient, the issuing officer must—

(a)take to the patient—

(i)a ballot paper or a ballot paper and declaration envelope; and

(ii)a ballot box; and

(iii)anything else necessary to enable the patient to vote; and

(b)if a scrutineer wishes—be accompanied by the scrutineer.

(3)The issuing officer must ensure that, so far as reasonably practicable, section 107 is complied with when the patient votes.

pt 7 div 5 sdiv 2 hdg ins 2011 No. 14 s 10

110Pre-poll ordinary voting

(1)This section applies to an elector, other than one who must make a declaration vote under subdivision 3, who—

(a)wishes to vote before the polling day for an election; and

(b)wishes to do so other than by making a declaration vote under subdivision 3.

(2)If there is a pre-poll voting office for the elector’s electoral district, the elector may make a vote under section 112 (a pre-poll ordinary vote).

s 110 ins 2011 No. 14 s 10

amd 2019 No. 31 s 30

112Procedure for pre-poll ordinary voting

(1)An elector who wishes to vote during the period beginning 3 days after the cut-off day for nominations and ending at 6p.m. on the day before polling day may make a pre-poll ordinary vote by following the procedures set out in this section.

(2)The elector is to go to a pre-poll voting office for the elector’s electoral district.

(3)At the pre-poll voting office, the elector must ask the issuing officer for a ballot paper for the electoral district.

(4)If the elector—

(a)has a ballot paper for the electoral district and declaration envelope for the election; and

(b)does not intend to make a declaration vote under subdivision 3;

the elector must give the papers to the issuing officer.

(5)The issuing officer must issue a ballot paper for the electoral district to a person if the issuing officer is satisfied the person is entitled to vote at the election for the electoral district.

(6)The issuing officer may ask of a person requesting a ballot paper questions for the purpose of deciding whether the person is entitled to vote at the election for the electoral district.

(7)The issuing officer must comply with section 121 if the issuing officer has asked questions under subsection (6) and suspects a person claiming to be a particular elector is not the elector.

(8)The issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section.

(9)The issuing officer must, if a scrutineer requests it, keep a record of any objection by the scrutineer to the entitlement of a person to vote.

(10)On being given the ballot paper, the elector must, without delay—

(a)go alone to an unoccupied voting compartment in the pre-poll voting office; and

(b)there, in private, mark a vote on the ballot paper in accordance with section 122; and

(c)fold the ballot paper to conceal the vote and put it in a ballot box in the pre-poll voting office; and

(d)leave the pre-poll voting office.

s 112 ins 2011 No. 14 s 10

amd 2014 No. 32 s 10; 2015 No. 2 s 5; 2019 No. 31 s 32

113Help to enable electors to vote at pre-poll voting offices

(1)Subject to subsection (2), if an elector satisfies an issuing officer that the elector is unable to vote without help, the elector may be accompanied in the pre-poll voting office by another person chosen by the elector.

(2)The other person may help the elector in any of the following ways—

(a)acting as an interpreter;

(b)explaining the ballot paper and the requirements of section 122 relating to its marking;

(c)marking, or helping the elector to mark, the ballot paper in the way the elector wishes;

(d)folding the ballot paper and putting it in the ballot box.

(3)If an elector is unable to enter a pre-poll voting office because of illness, disability or advanced pregnancy, but is able to come to a place (the voting place) close to the pre-poll voting office, then, subject to subsection (4)—

(a)the issuing officer may perform the issuing officer’s functions; and

(b)the voter may vote;

at the voting place as if it were the pre-poll voting office.

(4)The issuing officer must—

(a)before taking any action under subsection (3), inform any scrutineers present of the proposed action; and

(b)allow only 1 scrutineer for each candidate to be present at the voting place; and

(c)ensure that, after the ballot paper is marked, it is—

(i)folded to conceal the vote; and

(ii)put into an envelope and sealed; and

(d)open the envelope inside the pre-poll voting office in the presence of any scrutineers and put the folded ballot paper in a ballot box.

s 113 ins 2011 No. 14 s 10

114Who may make a declaration vote

(1)The following electors may make a declaration vote—

(a)an elector who wishes to make a declaration vote before the polling day for an election;

(b)an elector who is a special postal voter under subsection (2);

(c)an elector who is an electoral visitor voter under subsection (3).

(2)Each of the following electors is a special postal voter for the purposes of this Act—

(a)an elector whose name is included in the register of special postal voters because of a written application that satisfies the commission that—

(i)the elector’s address, as shown on an electoral roll immediately before the commencement of this paragraph, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or

(ii)the elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or

(iii)the elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act, section 184A(2)(b) to (k);

(b)a silent elector.

(3)Each of the following electors is an electoral visitor voter for the purposes of this Act—

(a)an elector who will, because of illness, disability or advanced pregnancy, be prevented from voting at a polling booth;

(b)an elector who will, because the elector is caring for a person who is ill, has a disability or is pregnant, be prevented from voting at a polling booth.

(4)The commissioner must, not less than 18 months but not more than 3 years after the return of the writ for an election, review the continuing eligibility to make a declaration vote of electors who are special postal voters.

(5)To do so, the commissioner must require each elector whose name is included in the register of special postal voters because of a circumstance mentioned in subsection (2)(a)(i) or (ii) to advise, in the approved form, whether the elector still lives at the address shown on the electoral roll.

(6)As part of the review, the commission must do a random check of approved forms given to the commission under subsection (5) to decide whether the signature on each approved form checked is the same as the signature on the approved form’s corresponding application for enrolment.

s 114 amd 1996 No. 79 s 40; 2002 No. 8 s 16; 2006 No. 41 s 35H; 2014 No. 32 s 11; 2019 No. 31 s 33; 2023 No. 23 s 71

115Who must make a declaration vote

The following electors must make a declaration vote—

(a)an elector who wishes to vote by going on a polling day to a polling booth that has not been established for the elector’s electoral district;

(b)an elector who wishes to vote by going to a polling booth described in section 99(4) or (8) that has not been established for the elector’s electoral district;

(c)an elector whose name is not on the electoral roll for an electoral district because of an official error;

(d)an elector who goes on a polling day to a polling booth but is not able to make an ordinary vote at the polling booth for a reason that is beyond the elector’s control;

Example of a reason beyond an elector’s control why the elector cannot make an ordinary vote—

an electronic copy of the electoral roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the electoral roll for the electoral district

(e)an elector to whom section 106(1)(b) or (d) applies;

(f)an elector who is serving a sentence of imprisonment, or is otherwise detained in lawful custody, on the polling day;

(g)an elector who appears from a record made in error to have already voted in the election for any electoral district;

(h)an elector who is given a ballot paper and declaration envelope under section 121.

s 115 amd 1994 No. 82 s 9; 1997 No. 10 s 8; 2011 No. 14 s 11; 2019 No. 31 s 34

116Ways in which an elector may make a declaration vote

Subject to section 121, an elector who may or must make a declaration vote is to do so by—

(a)if the elector is unable to enter a polling booth because of illness, disability or advanced pregnancy—going to a place close to a polling booth and voting under section 108(3); or

(b)going during voting hours to a polling booth and following the procedures set out in section 117; or

(c)if the person is a postal voter—using the ballot paper and declaration envelope that have been posted to the elector under section 119 or 123B and following the procedures set out in that section; or

(d)if the person is an electoral visitor voter—voting before an electoral visitor following the procedures set out in section 120.

s 116 amd 2019 No. 31 s 35

117Making a declaration vote at a polling booth

(1)An elector who may or must make a declaration vote may enter a polling booth during voting hours and request a ballot paper for an electoral district and declaration envelope from an issuing officer.

(2)The issuing officer must comply with the request unless the issuing officer is satisfied that the elector may make an ordinary vote for the elector’s electoral district at the polling booth.

(3)The issuing officer must keep a record of all persons to whom the officer gives a ballot paper and declaration envelope under this section.

(4)The issuing officer must, if a scrutineer requests it, record on the declaration envelope any objection by the scrutineer to the right of the person to vote.

(5)On being given the ballot paper and declaration envelope, the elector must, without delay—

(a)sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and

(b)go alone to an unoccupied voting compartment in the polling booth; and

(c)there, in private, mark a vote on the ballot paper in accordance with section 122; and

(d)place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling booth; and

(e)leave the polling booth.

(6)Sections 108 and 109 apply to the making of a vote under this section in the same way, subject to any necessary changes, as they apply to the making of a vote under section 107.

s 117 amd 2019 No. 31 s 36

119Making a declaration vote using posted voting papers

(1)A special postal voter or ordinary postal voter may make a declaration vote under this section using a ballot paper and declaration envelope sent to the elector.

(2)An elector is an ordinary postal voter if—

(a)the elector makes a request (a postal vote request) to the commission or returning officer to make a declaration vote using a ballot paper and declaration envelope sent to the elector; and

(b)the elector’s postal vote request is received by the commission or returning officer not later than 7p.m. on the day that is 12 days before the polling day for the election.

Note—

The polling day for an election is always a Saturday—see the Constitution of Queensland 2001, sections 19B and 19F and section 84(1)(d) of this Act. The day that is 12 days before the polling day for an election is 2 Mondays before the polling day.

(3)A postal vote request—

(a)may be made by the elector orally or in writing; and

(b)if the request is written—

(i)must be in the approved form; and

(ii)may be given to the commission or returning officer by the elector or someone else; and

(c)must state the address to which the ballot paper is to be sent.

(4)The commission must, as soon as practicable after the issue of the writ for an election, post a ballot paper and declaration envelope to each special postal voter.

(5)Also, the commission must post, deliver or otherwise send a ballot paper and declaration envelope to an ordinary postal voter as soon as practicable after receiving the elector’s postal vote request.

(6)If the commission or returning officer receives a postal vote request for an elector after the time mentioned in subsection (2)(b), the commission or returning officer must give the elector a written notice that states the elector is not entitled to make a declaration vote under this section.

(7)Returning officers and the commission must keep a record of all ballot papers and declaration envelopes posted, delivered or sent under this section.

(8)Subject to subsection (10), on receiving the ballot paper and declaration envelope, the elector must—

(a)sign the appropriate declaration on the declaration envelope before another elector or a person approved by the commission for the purposes of this paragraph and have the other elector or person sign the envelope as witness; and

(b)mark a vote on the ballot paper in accordance with section 122; and

(c)place the ballot paper in the envelope and seal the envelope; and

(d)either—

(i)give the envelope to a member of the commission’s staff at a pre-poll voting office before polling day or at a polling booth on polling day; or

(ii)post or send the envelope, or give it to another person to post or send, to the commission or the returning officer.

(9)If the elector is unable to vote without help, another person may help by doing any of the things mentioned in subsection (8)(b) to (d) on behalf of the elector.

(10)A member of the commission’s staff who is given an envelope under subsection (8)(d)(i) must—

(a)if it is given before polling day—send the envelope to the appropriate returning officer or put the envelope in a ballot box at the office; or

(b)if it is given on polling day—put the envelope in a ballot box at the office.

Note for subsection (10)—

Section 125 sets out the process for examining declaration envelopes and preparing the ballot papers in them for counting.

s 119 amd 1997 No. 10 s 9; 2011 No. 14 s 12; 2014 No. 32 s 12; 2019 No. 31 s 38

120Electoral visitor voting

(1)An electoral visitor voter may give a request to vote as an electoral visitor voter to the commission or returning officer.

(2)The request—

(a)must—

(i)be in writing; and

(ii)be in the approved form; and

(iii)state the address the electoral visitor is to visit; and

(b)may be given to the commission or returning officer by the elector or someone else.

(3)If the request is received not later than 7p.m. on the Wednesday before polling day, the commission or the returning officer must ensure that an issuing officer visits the elector for the purpose of enabling the person to vote.

(4)The issuing officer must visit the elector at a reasonable hour—

(a)before polling day; or

(b)before 6p.m. on polling day.

(5)When visiting the elector, the issuing officer must—

(a)take to the elector—

(i)a ballot paper; and

(ii)a ballot box; and

(iii)anything else necessary to enable the elector to vote; and

(b)if a scrutineer wishes—be accompanied by the scrutineer.

(6)The commission may require the issuing officer to present ‘how to vote’ material to the elector and present the material in a particular way.

Example—

The commission may require the issuing officer to give particular ‘how to vote’ material to the elector or to paste the material on a manila folder and show it to the elector.

(7)The issuing officer must comply with the requirement under subsection (6).

(8)The issuing officer must ensure, as far as practicable, section 107 is complied with when the elector votes.

(9)The elector may ask a person to help the elector in any of the following ways—

(a)acting as an interpreter;

(b)explaining the ballot paper and the requirements of section 122 about its marking;

(c)marking, or helping the elector to mark, the ballot paper in the way the elector wishes;

(d)folding the ballot paper and putting it in the ballot box.

(10)The elector may make an ordinary vote or declaration vote.

s 120 amd 1994 No. 82 s 10; 1995 No. 24 s 12; 1997 No. 10 s 10; 2014 No. 32 s 13; 2019 No. 31 s 39

121Making a declaration vote in cases of uncertain identity

(1)If section 107(7) or 112(7) applies for a person who is an elector or a person claiming to be an elector, the issuing officer must give the person a declaration envelope.

(2)The declaration envelope must have on it the following questions—

(a)Are you the same person whose name appears as [here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll in relation to the name]?

(b)Have you already voted, either here or elsewhere, at the present election for this electoral district or any other electoral district?

(3)The person must write answers to the questions on the envelope, sign the envelope and have the signature witnessed by the issuing officer.

(4)If the person does not answer the questions or answers in either or both of the following ways—

(a)in the negative to the question in subsection (2)(a);

(b)in the affirmative to the question in subsection (2)(b);

the issuing officer must retain the envelope and tell the person that he or she is not entitled to vote.

(5)The person must then leave the polling place.

(6)If subsection (4) does not apply, the issuing officer must give the person a ballot paper.

(7)The person must, without delay—

(a)go alone to an unoccupied voting compartment at the polling place; and

(b)there, in private, mark a vote on the ballot paper in accordance with section 122; and

(c)place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and

(d)leave the polling place.

(8)Sections 108 and 109 apply to the making of a vote under this section in the same way, subject to any necessary changes, as they apply to the making of a vote under section 107.

s 121 amd 2011 No. 14 s 13; 2014 No. 32 s 14

pt 7 div 5 sdiv 3A hdg ins 2014 No. 32 s 15

121AWho may make an electronically assisted vote

An elector may make an electronically assisted vote if—

(a)the elector can not vote without assistance because the elector has—

(i)an impairment; or

(ii)an insufficient level of literacy; or

(b)the elector can not vote at a polling booth because of an impairment; or

(c)the elector is a member of a class of elector prescribed under a regulation for this section.

Examples of a class of elector—

•an elector whose address, as shown on an electoral roll, is more than 20km by the nearest practical route from a polling booth

•an elector who will not, throughout ordinary voting hours on polling day, be within Queensland

s 121A ins 2014 No. 32 s 15

121BPrescribed procedures for electronically assisted voting

(1)The commission may make procedures about how an elector may make an electronically assisted vote for an election.

(2)The procedures must provide for the following—

(a)the registration of electors who may make an electronically assisted vote for an election under section 121A;

(b)the authentication of each electronically assisted vote;

(c)the recording of each elector who uses electronically assisted voting;

(d)ensuring the secrecy of each electronically assisted vote;

(e)the secure transmission of each electronically assisted vote to the commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing;

(f)the printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote;

(g)the secure delivery of each printed ballot paper to the returning officer for the appropriate electoral district or to the commission.

(3)The procedures—

(a)do not take effect until approved by a regulation; and

(b)must be tabled in the Legislative Assembly with the regulation approving the procedures; and

(c)must be published on the commission’s website.

s 121B ins 2014 No. 32 s 15

121CAudit of electronically assisted voting for an election

(1)The commission must appoint an independent person to audit the information technology used under the procedures for electronically assisted voting made under section 121B.

(2)The audit must be conducted—

(a)at least 7 days before the cut-off day for the nomination of candidates; and

(b)within 60 days after the polling day for the election.

(3)However, an audit does not need to be conducted in relation to a by-election unless the commissioner considers that there has been a significant change in the information technology used under the procedures for electronically assisted voting since the last audit was conducted.

(4)A person appointed under subsection (1) must be an individual who is not, and has not ever been, a member of a political party.

(5)The person appointed to conduct the audit may make recommendations to the commission to reduce or eliminate risks that could affect the security, accuracy or secrecy of electronically assisted voting.

(6)A regulation may prescribe requirements about the conduct of an audit under this section.

s 121C ins 2014 No. 32 s 15

amd 2023 No. 23 s 72

121DProtection of information technology

(1)A person must not disclose to another person a source code or other computer software relating to electronically assisted voting, unless the person is authorised to do so under—

(a)the procedures made under section 121B; or

(b)an agreement entered into by the person with the commissioner.

Maximum penalty—40 penalty units or 6 months imprisonment.

(2)A person must not, without reasonable excuse, destroy or interfere with a computer program, data file or electronic device used for or in connection with electronically assisted voting.

Maximum penalty—100 penalty units or 2 years imprisonment.

s 121D ins 2014 No. 32 s 15

121ECommissioner may decide electronically assisted voting is not to be used

(1)The commissioner may decide that electronically assisted voting is not to be used—

(a)at a particular election; or

(b)by a class of electors at a particular election.

(2)The commissioner’s decision must be in writing and published on the commission’s website.

s 121E ins 2014 No. 32 s 15

121FReview of electronically assisted voting

(1)On the request of the Minister following a general election, the commissioner must conduct—

(a)a review of the use of electronically assisted technology for the general election; and

(b)an investigation into extending the use of electronically assisted voting to other electors for elections.

(2)A report on the review and investigation must be given to the Minister.

(3)The Minister must, within 14 days after receiving the report, table the report in the Legislative Assembly.

s 121F ins 2014 No. 32 s 15

122How electors must vote

(1)An elector must vote in accordance with—

(a)if the elector votes using electronically assisted voting—the procedures approved under section 121B(3); or

(b)otherwise—subsections (2) and (3).

(2)An elector must vote by writing on a ballot paper—

(a)the number 1 in the square opposite the name of the candidate for whom the elector votes as the elector’s first preference; and

(b)the numbers 2, 3 and so on in the squares opposite the names of all the other candidates to indicate the order of the elector’s preferences for them.

(3)The numbers mentioned in subsection (2)(b) must be consecutive numbers, without the repetition of a number.

s 122 amd 2014 No. 32 s 16; 2016 No. 20 s 13B

123Formal and informal ballot papers

(1)Subject to this section, for a ballot paper to have effect to indicate a vote for the purposes of this Act—

(a)the ballot paper must contain writing that is in accordance with section 122 or other writing or marks that indicate the voter’s intended order of preferences; and

(b)the ballot paper must not contain any writing or mark (other than as authorised by this Act) by which the elector can be identified; and

(c)the ballot paper must have been put into a ballot box as required by this Act; and

(d)if the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act.

(2)A ballot paper is taken to contain writing or marks that indicate the voter’s intended order of preferences, even though the square opposite the name of 1 of the candidates has been left blank, if—

(a)the voter has written the numbers 1, 2, 3 and so on in all the squares opposite the candidates’ names except for the blank square; and

(b)the numbers mentioned in paragraph (a) are consecutive numbers, without the repetition of a number.

(2A)A ballot paper mentioned in subsection (2) is taken to indicate that the candidate whose name is opposite the blank square is the voter’s last preference.

(3)Subsection (1)(d) does not apply to the witnessing of a signature if—

(a)the person required to witness the signature was a member of the commission’s staff; and

(b)the person certifies in writing to the returning officer that the envelope was signed by the elector concerned.

(4)If a ballot paper has effect to indicate a vote, it is a formal ballot paper.

(5)If a ballot paper does not have effect to indicate a vote, it is an informal ballot paper.

s 123 amd 1997 No. 10 s 11; 2014 No. 32 s 17; 2016 No. 183 s 13C

pt 7 div 5 sdiv 5 hdg ins 2019 No. 31 s 40

123AReplacement ballot paper issued at polling place

(1)This section applies if, while voting at a polling place, an elector—

(a)satisfies an issuing officer that—

(i)a ballot paper given to the elector (the spoilt ballot paper) is marked, damaged or destroyed to the extent that it can not be used to make a vote; and

(ii)the spoilt ballot paper has not been put in a ballot box in the polling place; and

(iii)the elector has not voted in the election; and

(b)gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.

(2)The issuing officer must give the elector another ballot paper.

(3)The issuing officer must also—

(a)place the spoilt ballot paper in an envelope and seal the envelope; and

(b)keep the envelope for separate identification under section 127.

s 123A ins 2019 No. 31 s 40

123BReplacement ballot paper issued to postal voter

(1)This section applies if a ballot paper for an election and declaration envelope is sent to an elector under section 119 and either—

(a)the elector does not receive the ballot paper and declaration envelope; or

(b)the ballot paper (the spoilt ballot paper) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote.

(2)The elector may ask the commission or returning officer for a replacement ballot paper.

(3)If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper is to be sent.

(4)An issuing officer must—

(a)if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or

(b)post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.

(5)When the elector makes a declaration vote under subdivision 3, the elector must make the declaration on the declaration envelope that states—

(a)the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and

(b)the elector has not otherwise voted in the election.

(6)The commission and returning officers must keep a record of all ballot papers and declaration envelopes given or sent under this section.

s 123B ins 2019 No. 31 s 40

124Votes to be counted and ballot boxes opened in accordance with division

(1)Votes at an election are to be counted in accordance with this division.

(2)A ballot box used for an election must only be opened in accordance with this division.

s 124 amd 2019 No. 31 s 41

125Preliminary processing of declaration envelopes and ballot papers

(1)The commission or the returning officer for each electoral district must ensure that members of the commission’s staff examine all declaration envelopes received by the commission or returning officer to determine whether the ballot papers in them are to be accepted for counting.

(2)A ballot paper must be accepted for counting only if the person examining the declaration envelope is satisfied that—

(a)the elector concerned was entitled to vote at the election; and

(b)the declaration was signed and witnessed before the end of voting hours on polling day; and

(c)if the declaration on the envelope was witnessed by a person other than a member of the commission’s staff—the requirements of section 119(8)(d) were complied with; and

(d)if the ballot paper is in a declaration envelope received by post—the envelope was received before 6p.m. on the 10th day after polling day for the election.

(3)If the ballot paper is accepted, the person must take it out of the envelope and, without unfolding it or allowing another person to unfold it, put it in—

(a)if the envelope was received by the returning officer and not sent to the commission to be dealt with under this section—a sealed ballot box; and

(b)if the envelope was received by the commission—a sealed ballot box in which ballot papers for the appropriate electoral district, and no other ballot papers, are placed.

(4)If a declaration envelope received by a returning officer is for a different electoral district, it must be sent to the commission or the appropriate returning officer without being examined under this section.

(5)Members of the commission’s staff must also seal up in separate parcels, and keep, all unopened envelopes and all opened envelopes.

(6)The commission or returning officer must advise all candidates at the election of the times when, and places where, declaration envelopes will be examined under this section.

(7)Declaration envelopes may be examined under this section before or after polling day for the election.

s 125 amd 1997 No. 10 s 12; 2014 No. 32 s 18; 2019 No. 31 s 42

125A Saving of ballot papers not in declaration envelopes

(1)This section applies if—

(a)the commission or the returning officer for an electoral district receives an envelope (an outer envelope) containing a ballot paper and a declaration envelope; but

(b)the ballot paper is not in the declaration envelope.

(2)Members of the commission’s staff must—

(a)examine the contents of the outer envelope under section 125 to determine whether the ballot paper in the outer envelope is to be accepted for counting; and

(b)deal with the ballot paper in the outer envelope under section 125 as if the ballot paper had been in the declaration envelope.

s 125A ins 2023 No. 23 s 73

126Preliminary and official counting of votes

The commission must arrange for votes to be counted—

(a)on polling day—in accordance with section 127; and

(b)after polling day—in accordance with section 128; and

(c)in accordance with the procedures made under section 130A.

s 126 amd 2019 No. 31 s 43

127Preliminary counting of ordinary votes

(1)As soon as practicable after the end of ordinary voting hours on polling day, the member of the commission’s staff in charge of a polling booth must ensure that the commission’s staff at the polling place follow the procedures—

(a)set out in subsections (2), (3) and (6); and

(b)made under section 130A.

(2)The staff must—

(a)open all ballot boxes at the polling booth, including ballot boxes in which ballot papers from declaration envelopes have been placed under section 125(3); and

(b)identify and keep in separate parcels for each different electoral district—

(i)all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and

(ii)all declaration envelopes; and

(iii)all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and

(c)for each electoral district for which ordinary votes are to be counted at the polling booth—

(i)arrange, and place in separate parcels under the names of the candidates for the electoral district, all formal ballot papers (including formal ballot papers printed for electronically assisted votes) on which a first preference vote is indicated for the same candidate; and

(ii)count the first preference votes on formal ballot papers for each candidate; and

(iii)count, and keep in a separate parcel, the informal ballot papers; and

(iv)prepare and sign a statement, in the approved form, setting out—

(A)the number of first preference votes for each candidate; and

(B)the number of informal ballot papers; and

(v)advise the returning officer for the electoral district of the contents of the statement; and

(d)for each electoral district to which paragraph (c) does not apply, identify and keep in a separate parcel—

(i)all formal ballot papers, including ballot papers printed for electronically assisted votes; and

(ii)all informal ballot papers, including ballot papers printed for electronically assisted votes; and

(e)for each separate parcel of ballot papers or declaration envelopes—

(i)seal the parcel; and

(ii)write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and

(iii)sign the description; and

(iv)if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and

(f)send the parcels, and the statements mentioned in subsection (2)(c)(iv), to the returning officer for the appropriate electoral district.

(3)Also, the staff must—

(a)identify all envelopes containing spoilt ballot papers for each different electoral district; and

(b)keep the envelopes in a separate parcel; and

(c)deal with the parcel in the way stated in subsection (2)(e) and (f) as if the reference in that subsection to ballot papers were a reference to envelopes containing spoilt ballot papers.

(4)This section also applies, in the way stated in subsection (5), to the following votes received by the commission—

(a)votes received under section 125 for an electoral district;

(b)pre-poll ordinary votes for an electoral district made at a pre-poll voting office;

(c)ballot papers printed for electronically assisted votes at a place other than a polling booth.

(5)This section applies to the votes mentioned in subsection (4) in the same way it would apply if an office of the commission, or a pre-poll voting office, were a polling booth for an electoral district—

(a)to the extent it is reasonably practicable to count the votes on polling day; and

(b)subject to any changes prescribed by regulation and any other necessary changes.

(6)If the commission considers it appropriate for gaining an indication of the candidate most likely to be elected for an electoral district, the commission may require the commission’s staff to—

(a)count the preference votes in the way required by the commission; and

(b)prepare and sign a statement of the number of preference votes (other than first preference votes) for each candidate; and

(c)advise the returning officer for the electoral district of the contents of the statement.

s 127 amd 1994 No. 82 s 11; 2011 No. 14 s 14; 2014 No. 32 s 19

sub 2019 No. 31 s 44

128Official counting of votes

(1)As soon as practicable after polling day, the returning officer for each electoral district must ensure that the commission’s staff follow the procedures set out in this section and made under section 130A.

(2)Firstly, the staff must—

(a)open all ballot boxes in relation to the electoral district that have not previously been opened; and

(b)identify and keep in separate parcels for each different electoral district—

(i)all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and

(ii)all declaration envelopes; and

(iii)all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and

(c)for each parcel for an electoral district other than the returning officer’s electoral district—

(i)seal the parcel; and

(ii)write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and

(iii)sign the description; and

(iv)if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and

(d)send the parcels to the returning officer for the appropriate electoral district.

(3)Secondly, the staff must—

(a)open—

(i)the parcels mentioned in subsection (2)(b) for the returning officer’s electoral district; and

(ii)all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 127; and

(b)follow the procedures set out in section 125 for all declaration envelopes; and

(c)arrange all formal ballot papers under the names of the candidates for the election by placing in a separate parcel all those on which a first preference vote is indicated for the same candidate; and

(d)count the first preference votes for each candidate on all of the formal ballot papers.

(4)Thirdly, the staff must—

(a)open all ballot boxes on hand in which ballot papers from declaration envelopes have been placed under section 125(3); and

(b)arrange all formal ballot papers under the names of the candidates for the election by placing in a separate parcel all those on which a first preference vote is indicated for the same candidate; and

(c)count the first preference votes for each candidate on all of the formal ballot papers and add the number to that obtained under subsection (3)(d); and

(d)reapply paragraphs (a) to (c) as more envelopes are placed in ballot boxes under section 125(3), until there are no more envelopes required to be placed in ballot boxes under that section.

(5)If, because of final counting under subsection (4), a majority of the first preference votes is for 1 candidate, that candidate is elected.

(6)If not, then a second count must take place.

(7)On the second count—

(a)the candidate who has the fewest first preference votes must be excluded; and

(b)each ballot paper recording a first preference vote for that candidate must be transferred to the candidate next in the order of the voter’s preference; and

(c)that ballot paper must be counted as a vote for that candidate.

(8)If, on the second count, a candidate has a majority of the votes remaining in the count, the candidate is elected.

(9)If not, the process of—

(a)excluding the candidate who has the fewest votes; and

(b)transferring each ballot paper of that candidate to the continuing candidate next in the order of the voter’s preference; and

(c)counting it to that candidate as a vote;

must be repeated until 1 candidate has a majority of the votes remaining in the count.

(10)The candidate who, under subsection (9), has a majority of the votes remaining in the count is elected.

(11)Despite subsections (7) and (9), the process of transferring a ballot paper to a continuing candidate and counting it to the candidate as a vote must not be repeated if there is only 1 continuing candidate, but that candidate is elected.

(12)If, on any count at which the candidate with the fewest number of votes must be excluded, 2 or more candidates have an equal number of votes and that number is fewer than the number of votes of any other candidate—

(a)the candidate who had the fewest number of votes at the last count at which the candidates did not have an equal number of votes must be excluded; or

(b)if the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (13) must be excluded.

(13)For the purposes of subsection (12)(b), the returning officer must—

(a)write the names of the candidates who have an equal number of votes on similar slips of paper; and

(b)fold the slips to prevent the names being seen; and

(c)place the slips in an opaque container; and

(d)mix the slips; and

(e)raise the container so that its contents are not visible and choose a slip at random.

(14)If, on any count at which the candidate with the fewest number of votes must be excluded, 2 or more candidates have an equal number of votes and the candidates are the only continuing candidates—

(a)the returning officer must refer the matter to the commission, which must refer it to the Court of Disputed Returns; and

(b)the court must determine the validity of any disputed ballot papers and recount all of the ballot papers by applying subsection (3)(b) and (c) and subsections (5) to (12); and

(c)if the determination and recount results in a candidate being elected—the court must declare the candidate elected; and

(d)if not—the court must order that a fresh election be held.

(15)Subsection (14) does not affect the jurisdiction of the court under part 8 in relation to the disputing of an election.

s 128 amd 1994 No. 82 s 2 sch; 2014 No. 32 s 20; 2016 No. 183 s 13D; 2019 No. 31 s 45

129Objections by scrutineers

(1)If, while a member of the commission’s staff is complying with section 127 or 128, a scrutineer objects to the member’s treatment of a ballot paper as informal, the member must mark on the back of it ‘formal’ or ‘informal’ according to whether the member’s decision is to treat it as formal or informal.

(2)If, while a member of the commission’s staff is complying with section 127 or 128, a scrutineer objects to the counting of a vote for a particular candidate, the member must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted.

130Recounting of votes

(1)At any time before—

(a)a returning officer notifies the election of a candidate under section 131; or

(b)the commission refers a matter to the Court of Disputed Returns under section 128(14);

the commission may direct the returning officer, or another member of the commission’s staff, to recount some or all of the ballot papers for the election.

(2)A returning officer may recount some or all of the ballot papers for an election at any time before the returning officer notifies the election of a candidate.

(3)A person carrying out a recount of ballot papers must, so far as practicable, ensure that the requirements of section 128 are complied with.

(4)This section does not limit by implication section 31(4) or 32(10).

130APrescribed procedures for counting of absentee votes

(1)The commission must make procedures about how, subject to this division, absentee votes at an election are to be counted.

(2)The procedures must provide for—

(a)the circumstances in which absentee votes are counted at a polling booth under section 127; and

(b)ensuring absentee votes are counted at polling places in a way that does not compromise the secrecy of voting; and

(c)the secure delivery of sealed ballot boxes, and sealed parcels of ballot papers and declaration envelopes, containing absentee votes to the returning officer for the appropriate electoral district or the commission; and

(d)the arrangements for scrutineers to be present when absentee votes are counted and their roles and responsibilities.

(3)The procedures—

(a)do not take effect until approved by a regulation; and

(b)must be tabled in the Legislative Assembly with the regulation approving the procedures; and

(c)must be published on the commission’s website.

(4)In this section—

absentee vote means an ordinary vote made by an elector at a polling booth that is not located in the elector’s electoral district.

s 130A ins 2019 No. 31 s 46

131Notifying the results of an election

(1)As soon as practicable after a candidate is elected under section 94 or 128 (including that section as applied under section 130), the returning officer for the electoral district must notify the commission of the name of the candidate elected for the electoral district.

(2)A returning officer must not delay complying with subsection (1) because ballot papers have not been received if it is clear that the ballot papers could not possibly affect the election of a candidate.

132Return of writ for election

(1)As soon as practicable after the commission has received—

(a)in the case of a general election—the copies of the notifications under section 131(1) from the returning officers for all electoral districts; and

(b)in any other case—the copy of the notification under section 131(1) from the returning officer for the electoral district in relation to which the election was held;

and before the day for the return of the writ, the commission must comply with subsection (2).

(2)The commission must—

(a)write on the writ the name of each candidate elected; and

(b)return the writ to whichever of the Governor or the Speaker of the Legislative Assembly issued the writ; and

(c)publish in the gazette the name of each candidate elected.

133Counting for information purposes

After a candidate is elected for an electoral district under section 128 (including that section as applied under section 130), the commission may direct the returning officer for the electoral district to examine ballot papers for the purpose of obtaining further information about the preferences of voters.

133AElection and elector information

(1)After the writ for an election is returned, the commission must publish on the commission’s website—

(a)the number of first preference votes given for each candidate in the election; and

(b)information about the distribution of preference votes, other than first preference votes, given for the candidates for election in each electoral district.

(2)Also, after the writ for an election is returned, a registered political party or independent member (each a requester) may ask the commission for elector information for the election.

(3)The commission must comply with a request under subsection (2) by giving the requester the elector information about each elector who—

(a)was enrolled, for the election, on the electoral roll for—

(i)for a request made by a registered political party—each electoral district; or

(ii)for a request made by an independent member—the electoral district for which the member was elected; and

(b)voted in the election.

(4)The elector information about an elector who voted in an election is—

(a)the elector’s name and address; and

(b)whether the elector voted in person, by post or in another way; and

(c)if the elector voted in person at a polling place in the electoral district for which the elector was enrolled for the election—the location of the polling place.

(5)However, the commission must not give elector information about a silent elector to a registered political party or independent member.

(6)A person must not use, disclose to another person or allow another person to access elector information given to a registered political party or independent member under this section, unless the use, disclosure or giving of access is for a purpose related to an election.

Maximum penalty for subsection (6)—200 penalty units.

(7)In this section—

independent member means an elected member who is not a member of a registered political party.

s 133A ins 2019 No. 31 s 47

134Notice of failure to vote etc.

(1)Subject to subsection (2), the commission may, as soon as practicable after an election, send a notice to each elector who appears to have failed to vote at the election—

(a)stating that—

(i)the elector appears to have failed to vote at the election; and

(ii)it is an offence to fail, without a valid and sufficient reason, to vote at an election; and

(iii)the elector may, if the elector considers he or she has committed the offence, pay one-half a penalty unit (the penalty) to the commission by a specified day, not earlier than 21 days after the elector received the notice (the appropriate day), and, if the commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; and

(b)requiring the elector—

(i)if the elector intends paying the penalty by the appropriate day—to sign the appropriate form for payment of the penalty and include payment of the penalty; and

(ii)if the elector does not intend paying the penalty by the appropriate day—to state, in a form included in or with the notice, whether the elector voted and, if not, the reason for failing to vote; and

(iii)to sign the form and post or give it to the commission so that it is received by the appropriate day.

(2)The elector must comply with the requirements of the notice.

(3)If—

(a)the elector is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and

(b)another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed;

the first elector is taken to have complied with the requirements.

(4)As soon as practicable after an election, the commission must send a notice to each person who made a declaration vote under section 115(c), but whose ballot paper was not accepted for counting under section 125(1), advising the person why the ballot paper was not accepted for counting.

s 134 amd 1994 No. 82 s 12; 1997 No. 10 s 13; 2010 No. 42 s 39 sch

135Payments for failure to vote

(1)If the commission sends a person a notice under section 134(1) for an election and the person makes payment to the commission under the subsection, the commissioner must—

(a)accept the payment; and

(b)give the person a receipt for the payment; and

(c)not take any proceeding against the person for failing to vote at the election.

(2)In this section—

proceeding includes serving an infringement notice under the State Penalties Enforcement Act 1999.

s 135 ins 1994 No. 82 s 13

amd 1999 No. 70 s 166 sch 1

136Storage of ballot papers and declaration envelopes

(1)The commission must keep the following material for an election for the period that applies under subsection (2)—

(a)formal and informal ballot papers for the election;

(b)certified copies of electoral rolls;

(c)declaration envelopes.

(2)For subsection (1), the period starts on the polling day for the election and ends on the latest of the following days—

(a)the day that is 1 year after the polling day for the election;

(b)if the material relates to an application to dispute an election or an appeal—the day on which—

(i)the application is withdrawn; or

(ii)if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or

(iii)if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or

(iv)the appeal is decided, dismissed or withdrawn;

(c)if the commission has authorised a person, including, for example, a person who conducts research at a university, to use the materials for analysis or research—the day on which—

(i)the person finishes the analysis or research; or

(ii)the person no longer requires the materials for the analysis or research; or

(iii)the commission withdraws the authorisation.

(3)However, the commission must comply with any order by a court, or any request by the commissioner of the Queensland Police Service, to hand over, allow access to or provide copies of any ballot papers or declaration envelopes.

(4)In this section—

appeal means an appeal started under part 8, division 4.

application to dispute an election means an application to dispute an election under part 8, division 2.

s 136 amd 1994 No. 82 s 14; 2019 No. 31 s 48

pt 8 hdg (prev pt 7 hdg) renum 1994 No. 82 s 2 sch

137Supreme Court to be Court of Disputed Returns

(1)The Supreme Court is the Court of Disputed Returns for the purposes of this Act, the Local Government Electoral Act 2011 and the Referendums Act 1997.

(2)A single judge may constitute, and exercise all the jurisdiction and powers of, the Court of Disputed Returns.

(3)For subsection (2), the Chief Justice may be the single judge or appoint another Supreme Court judge to be the single judge.

s 137 amd 1997 No. 11 s 102 sch 2; 2007 No. 37 s 63; 2011 No. 27 s 262

138Election may be disputed under this part

(1)The election of a person may be disputed by an application to the Court of Disputed Returns under this division or an appeal under division 4.

(2)The election may not be disputed in any other way.

s 138 amd 2001 No. 25 s 5

139Who may dispute the election

An election may be disputed by—

(a)a candidate at the election for the electoral district concerned; or

(b)an elector for the electoral district concerned; or

(c)the commission; or

(d)a person who the commission decided was not properly nominated.

Note—

See section 90 (Grounds for deciding a person is not properly nominated).

s 139 amd 1994 No. 82 s 16

140Requirements for an application to be effective

(1)For an application to have effect for the purposes of this division, the requirements of this section must be complied with.

(2)The application must—

(a)set out the facts relied on to dispute the election; and

(b)set out the order sought from the Court of Disputed Returns; and

(c)be signed by—

(i)in the case of an application by the commission—the electoral commissioner; and

(ii)in any other case—the applicant before a witness; and

(d)if paragraph (c)(ii) applies—contain the signature, occupation and address of the witness.

(3)The person disputing the election must—

(a)file the application with the Supreme Court registry in Brisbane within 7 days after the day on which the writ for the election is returned as mentioned in section 132(2)(b); and

(b)when filing the application, deposit with the court—

(i)$400; or

(ii)if a greater amount is prescribed—that amount.

(4)Subsections (1) and (2) do not, by implication, prevent the amendment of the application.

s 140 amd 2001 No. 25 s 2 sch 1; 2007 No. 37 s 64

141Copies of application to be given to elected candidate and commission

The registrar of the Supreme Court must give a copy of the application to—

(a)the candidate who was elected; and

(b)the commission, unless the commission filed the application.

s 141 amd 2001 No. 25 s 2 sch 1; 2007 No. 37 s 65

142Application to court for order relating to documents etc.

(1)The applicant may apply to the Court of Disputed Returns for an order requiring the commission to give the court specified documents and other things held by the commission in relation to the election.

(2)The court may make such order in relation to the application as it considers appropriate.

s 142 amd 2001 No. 25 s 2 sch 1

143Parties to application

(1)The parties to an application are the person who filed it and any respondent under this section.

(2)The commission is a respondent to any application by another person under this division.

(3)The person who was elected is a party to the application if the person, within 7 days after receiving a copy of the application under section 141, files a notice with the Supreme Court registry in Brisbane stating that the person wishes to be a respondent.

s 143 amd 2001 No. 25 s 2 sch 1; 2007 No. 37 s 66

144How application is to be dealt with by court

(1)The Court of Disputed Returns may conduct hearings and other proceedings in relation to the application.

(2)The court is not bound by technicalities, legal forms or rules of evidence.

(3)The court must deal with the application as quickly as is reasonable in the circumstances.

(4)In giving effect to subsection (3), the court must use its best efforts to ensure that—

(a)the proceeding begins within 28 days after the application is lodged; and

(b)the court’s final orders are given within 14 days after the end of the proceeding.

(5)Despite subsections (3) and (4), the court must give all parties to the proceeding at least 10 days notice before it begins the proceeding.

(6)The rules of court of the Supreme Court may include provision, not inconsistent with this division, with respect to the practices and procedures of the Court of Disputed Returns.

(7)Without limiting subsection (6), the rules of court may make provision regarding the withdrawal of applications, the consequences of the death of applicants and the substitution of applicants in such circumstances.

s 144 amd 2001 No. 25 ss 6, 2 sch 1

145Application for dismissal of application disputing election

(1)The commission may apply to the court for an order dismissing the application disputing the election on the ground that there has been excessive delay by the applicant in relation to the application.

(2)The court may make the order on the application under subsection (1) that the court considers appropriate.

s 145 sub 2001 No. 25 s 2 sch 1

146Powers of the court

(1)Subject to sections 147 and 148, the Court of Disputed Returns may make any order or exercise any power in relation to the application that the court considers just and equitable.

(2)The orders may include any of the following—

(a)an order to the effect that the person elected is taken not to have been elected;

(b)an order to the effect that a new election must be held;

(c)an order to the effect that a candidate other than the one elected is taken instead to have been elected;

(d)an order to dismiss or uphold the application in whole or part.

(3)To remove doubt, it is declared that the court may order the opening of a sealed declaration vote envelope.

(4)However, the court must ensure, as far as is reasonably practicable, the secrecy of the ballot is maintained.

s 146 amd 1997 No. 10 s 14; 2001 No. 25 s 2 sch 1

147Restrictions on certain orders

(1)The court must not make an order mentioned in section 146(2) because of a delay in—

(a)the announcement of nominations under section 93; or

(b)complying with the requirements of part 7, division 5, 6 or 7.

(2)Also, the court must not make an order under section 146(2) (other than an order to dismiss the application)—

(a)because of an absence or error of, or omission by, any member of the commission’s staff that appears unlikely to have had the effect that the person elected would not have been elected; or

(b)because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed.

(3)In determining whether the requirements of subsection (2) are met, the court must not, if it finds that an elector was prevented from voting at the election by absence, error or omission, take into account any evidence of the way in which the elector had intended to vote.

(4)The court must not make an order mentioned in section 146(2) because—

(a)the names of the candidates were not set out on a ballot paper in the order required by section 102(1)(d); or

(b)a name or other word that was required by section 102(1)(g) to be printed on a ballot paper adjacent to a candidate’s name was not so printed or was misspelt, inaccurate or incorrect; or

(c)a name or other word that was not authorised by section 102(1)(g) was printed on a ballot paper adjacent to a candidate’s name.

s 147 amd 1997 No. 10 s 15; 2001 No. 25 s 2 sch 1; 2019 No. 31 s 49

148Restriction on certain evidence and inquiries

(1)In a proceeding in relation to the application, the Court of Disputed Returns must not take into account evidence by any person that the person was not permitted to vote during voting hours in relation to a polling place, unless the court is satisfied that, so far as the person was permitted to do so, the person did everything required by this Act to enable the person to vote.

(2)In a proceeding in relation to the application, the court—

(a)may inquire whether persons voting were enrolled on the electoral roll for the electoral district concerned and whether votes were correctly treated as formal or informal during the counting of votes; but

(b)must not inquire whether the electoral roll, or any copy used at the election, was in accordance with this Act.

s 148 amd 2001 No. 25 s 2 sch 1

149Copy of final court orders to be sent to Clerk of Parliament

The registrar of the Supreme Court must arrange for a copy of the court’s final orders to be sent to the Clerk of the Parliament as soon as possible after they are made.

s 149 amd 2007 No. 37 s 67

150Costs

(1)The Court of Disputed Returns may order an unsuccessful party to the application to pay the reasonable costs of the other parties to the application.

(2)If costs are awarded against the applicant, the deposit filed with the application must be applied towards payment of the costs.

(3)If not, the deposit must be returned to the person.

s 150 amd 1997 No. 82 s 3 sch; 2001 No. 25 s 2 sch 1

151Decisions and orders to be final etc.

Subject to division 4, a decision of, or order made by, the Court of Disputed Returns in relation to the application—

(a)is final and conclusive; and

(b)can not be appealed against or otherwise called in question on any ground.

s 151 amd 2001 No. 25 ss 7, 2 sch 1

152Right of commission to have access to documents

Unless the Court of Disputed Returns otherwise orders, the filing of an application does not deprive the commission of any right to have access to a document for the purpose of performing its functions.

s 152 amd 2001 No. 25 s 2 sch 1

153Reference of question as to qualification or vacancy

(1)The Legislative Assembly may, by resolution, refer to the Court of Disputed Returns any question regarding—

(a)the qualification of a person to be, or to continue to be, a member of the Legislative Assembly; or

(b)a vacancy in the Legislative Assembly.

(2)The Court of Disputed Returns has jurisdiction to hear and determine the reference.

s 153 prev s 153 amd 1 December 1994 RA s 39

om 2002 No. 8 s 18

pres s 153 amd 2001 No. 25 s 2 sch 1

154Speaker to state case

If the Legislative Assembly refers a question to the Court of Disputed Returns, the Speaker must give the court—

(a)a statement of the question that the court is to hear and determine; and

(b)any proceedings, papers, reports or documents relating to the reference in the Legislative Assembly’s possession.

s 154 prev s 154 amd 1 December 1994 RA s 39

om 2002 No. 8 s 18

155Parties to the reference

(1)The Court of Disputed Returns may—

(a)allow any interested person to be heard when the reference is heard; or

(b)direct that notice of its hearing of the reference must be served on a specified person.

(2)Any person allowed to be heard, or on whom notice is served, becomes a party to the reference.

s 155 prev s 155 amd 1 December 1994 RA s 39

om 2002 No. 8 s 18

156Powers of court

In hearing the reference, the Court of Disputed Returns—

(a)must sit as an open court; and

(b)has power to make such orders as it considers just and equitable, including the power—

(i)to declare that any person was not qualified to be a member of the Legislative Assembly; and

(ii)to declare that there is a vacancy in the Legislative Assembly.

s 156 prev s 156 amd 1 December 1994 RA s 39

om 2002 No. 8 s 18

157Order to be sent to Assembly

After the hearing and determination of the reference, the registrar of the Supreme Court must arrange for a copy of the court’s order to be given to the Clerk of the Parliament.

s 157 amd 2007 No. 37 s 68

158Application of provisions

Sections 144(6), 150 and 151 apply, subject to any necessary changes, to proceedings on a reference under this division.

pt 8 div 4 hdg ins 2001 No. 25 s 8

159Appeal to Court of Appeal on question of law

An appeal lies to the Court of Appeal from any decision of, or order made by, the Court of Disputed Returns on a question of law.

s 159 prev s 159 amd 1 December 1994 RA s 39

om 2002 No. 8 s 19

pres s 159 ins 2001 No. 25 s 8

160Time for appealing

The notice of appeal starting the appeal must—

(a)be filed within 7 days after the date of the decision or order appealed from; and

(b)be served as soon as practicable on all other parties to the appeal.

s 160 ins 2001 No. 25 s 8

161Commission is a party to appeal

The commission is a party to the appeal, whether or not it is the appellant.

s 161 ins 2001 No. 25 s 8

162How appeal is dealt with by Court of Appeal

(1)In deciding the appeal, the Court of Appeal—

(a)is not bound by technicalities, legal forms or rules of evidence; and

(b)may use the procedures, whether usual or otherwise, that it considers necessary to enable the appeal to be decided quickly and properly; and

(c)has all the powers given to it by the Uniform Civil Procedure Rules 1999.

(2)The court must use its best efforts to ensure that the appeal is heard, and the court’s final decision is made or order is given, as quickly as is reasonable in the circumstances.

s 162 ins 2001 No. 25 s 8

163Application for dismissal of appeal

(1)A party, other than the appellant, may apply to the Court of Appeal for an order dismissing the appeal on the ground that there has been excessive delay by the appellant in relation to the appeal.

(2)The court may make an order on the application it considers appropriate.

s 163 ins 2001 No. 25 s 8

164Copy of final court orders to be sent to Clerk of Parliament

The registrar of the Supreme Court must arrange for a copy of the Court of Appeal’s final orders to be sent to the Clerk of the Parliament as soon as possible after they are made.

s 164 ins 2001 No. 25 s 8

amd 2007 No. 37 s 69

165Right of commission to have access to documents

Unless the Court of Appeal otherwise orders, the filing of the notice of appeal does not deprive the commission of any right to have access to a document for the purpose of performing its functions.

s 165 ins 2001 No. 25 s 8

pt 9 hdg ins 2002 No. 8 s 17

pt 9 div 4 hdg orig pt 9 div 4 hdg om 2002 No. 8 s 28

166Model procedures for preselection ballots

The commission must give a copy of the model procedures for the conduct of a preselection ballot, prescribed under a regulation, (the model procedures) to the registered officer of each registered political party.

s 166 ins 2002 No. 8 s 17

167Notice of preselection ballots to commission

(1)The registered officer must give the commission at least 7 days written notice of when voting in a preselection ballot is to be held.

Maximum penalty—40 penalty units.

(2)The registered officer must give a candidate in the ballot a copy of the model procedures.

(3)The candidate must give the registered officer written acknowledgement of receipt of the model procedures.

s 167 ins 2002 No. 8 s 17

168Inquiry into preselection ballot

(1)The commission may inquire into a preselection ballot of a candidate for an election or an election for a local government—

(a)on its own initiative; or

(b)on receiving a complaint from a candidate, or a party member who is eligible to vote, in the preselection ballot that the ballot has not been, or is not to be, conducted in accordance with—

(i)the model procedures; and

(ii)the party’s constitution.

(2)A complaint under subsection (1)(b) must—

(a)be made within 30 days after the voting in the ballot takes place; and

(b)be in writing; and

(c)state in detail the grounds on which the complaint is made.

(3)The commission may refuse to investigate a complaint that does not comply with subsection (2).

(4)The commission may conduct the inquiry before or after the voting in the ballot takes place.

(5)The commission may require the registered officer—

(a)to give the commission, within a stated reasonable period, a list of the names and addresses of the members of the party who voted, or are eligible to vote, in the ballot; and

(b)to certify to the commission, within a stated reasonable period, that each member listed was, at the time of the ballot, or is, eligible to vote in the ballot under the party’s constitution.

(6)The commission may require the registered officer to give the commission, within a stated reasonable period, copies of the records of the party that are reasonably necessary for the commission to ensure the information given by the registered officer is accurate.

(7)The registered officer must comply with a requirement under subsection (5) or (6), unless the registered officer has a reasonable excuse.

Maximum penalty—400 penalty units.

(8)The commission must, as soon as practicable, give the Minister a report that—

(a)identifies the preselection ballot examined under this section; and

(b)states whether the ballot was conducted in accordance with—

(i)the model procedures; and

(ii)the party’s constitution.

s 168 prev s 168 amd 1 December 1994 RA s 39

om 2002 No. 8 s 26

pres s 168 ins 2002 No. 8 s 17

amd 2003 No. 77 s 71

169Frivolous or vexatious complaint

(1)The commission may give a person notice that a complaint made by the person under section 168 will not be investigated, or further investigated, by the commission because it appears—

(a)to concern a frivolous matter; or

(b)to have been made vexatiously.

(2)The notice must advise the person that if the person again makes the same or substantially the same complaint to the commission the person commits an offence punishable by a fine of 85 penalty units or 1 year’s imprisonment or both.

(3)If, after receiving a notice mentioned in subsection (2), the person makes the same or substantially the same complaint to the commission again, the person commits an offence.

Maximum penalty—85 penalty units or 1 year’s imprisonment.

(4)It is a defence to a prosecution for an offence against subsection (3) for the person to prove that the complaint did not concern a frivolous matter and was not made vexatiously.

(5)In this section—

make a complaint to the commission includes cause a complaint to be referred to the commission.

s 169 ins 2002 No. 8 s 17

170Notice of preselection ballot

The registered officer of a registered political party must, not later than 30 days after the polling day for an election in which the party endorsed a candidate, notify the commission whether the selection of the candidate involved a preselection ballot.

Maximum penalty—40 penalty units.

s 170 prev s 170 amd 1 December 1994 RA s 39

om 2002 No. 8 s 27

pres s 170 ins 2002 No. 8 s 17

171Selecting preselection ballots for random audit

(1)As soon as practicable after the 30th day after the polling day for an election, the commission must decide how many of the total number of preselection ballots of candidates for each registered political party in an election of which it has been notified it will audit.

(2)Once the commission has decided the number of ballots it will audit, a member of the commission’s staff must, in the presence of at least 2 witnesses—

(a)write the name of each of the candidates chosen by preselection ballot on a separate piece of paper; and

(b)ensure that each piece of paper is the same kind, shape, size and colour; and

(c)put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way in order to make each piece of paper the same size and thickness; and

(d)ensure that each envelope is opaque and of the same kind, shape, size and colour; and

(e)after each piece of paper has been put in an envelope, seal the envelope; and

(f)put all the envelopes in a container and mix them up; and

(g)draw out, 1 at a time, only the number of envelopes that equal the number decided by the commission under subsection (1); and

(h)as each envelope is drawn out, open it and note the name of the candidate written on the piece of paper in the envelope.

(3)The member of the commission’s staff must allow any candidate, or representative of a candidate, to be present during the process mentioned in subsection (2).

s 171 ins 2002 No. 8 s 17

172Random audit of preselection ballots

(1)The commission must give the registered officer of the political party that endorsed a candidate whose name is noted under section 171(2)(h) written notice that the preselection ballot for the candidate is to be audited to identify whether the ballot was conducted in accordance with—

(a)the model procedures; and

(b)the party’s constitution.

(2)The registered officer, within 1 month after receiving the notice, must—

(a)give the commission a list of the names and addresses of the members of the party who voted in the ballot; and

(b)certify to the commission that, at the time the ballot took place, each member listed was eligible to vote in the ballot under the party’s constitution.

Maximum penalty—400 penalty units.

(3)The commission may require the registered officer to give the commission, within a stated reasonable period, copies of the records of the party that are reasonably necessary for the commission to ensure the information given by the registered officer is accurate.

(4)The registered officer must comply with a requirement under subsection (3), unless the registered officer has a reasonable excuse.

Maximum penalty—400 penalty units.

(5)The commission must, as soon as practicable, give the Minister a report that identifies—

(a)the preselection ballots examined under this section; and

(b)any preselection ballot in which someone voted in contravention of—

(i)the model procedures; or

(ii)the party’s constitution.

s 172 ins 2002 No. 8 s 17

173Election not invalidated by irregular preselection ballot

The election is not invalid only because the commission gave the Minister a report that identified a preselection ballot in which someone voted in contravention of—

(a)the model procedures; or

(b)the party’s constitution.

s 173 ins 2002 No. 8 s 17

pt 10 hdg (prev pt 8 hdg) renum 1994 No. 82 s 2 sch

174Attempts taken to be offences

A person who attempts to commit an offence against a provision of this part is taken to have committed the offence.

175Failure to enrol etc.

(1)Subject to this section, a person who contravenes section 65(2) or (3) commits an offence punishable on conviction by a penalty of a fine of not more than 1 penalty unit.

(2)Subject to this section, if a person who is entitled to be enrolled for an electoral district is not enrolled for the electoral district—

(a)at the end of 21 days after becoming entitled; or

(b)at any later time while the person continues to be entitled to be enrolled for the district;

the person commits an offence punishable on conviction by a penalty of a fine of not more than 1 penalty unit.

(3)If the person admits evidence that the non-enrolment was not because of the person’s failure to give notice as required by section 65(2), the person does not commit an offence against subsection (2) unless the prosecution proves the contrary.

(4)If a person gives notice as required by section 65(2), a proceeding must not be instituted against the person for an offence against subsection (1) for a contravention of section 65(2), or for an offence against subsection (2), committed before the notice was given.

176False names etc. on electoral rolls

A person must not wilfully insert on any electoral roll a false or fictitious name or address.

Maximum penalty—20 penalty units or 6 months imprisonment.

s 176 prev s 176 om 2002 No. 8 s 28

pres s 176 amd 1 December 1994 RA s 39

177Misuse of restricted information

(1)A person must not use, disclose to another person or allow another person to access information in a copy of an electoral roll made available to a person or organisation under section 61, unless the use, disclosure or giving of access is for a purpose stated in subsection (2).

Maximum penalty—20 penalty units or 6 months imprisonment.

(2)The purposes are—

(a)any purpose related to an election under—

(i)this Act; or

(ii)the Local Government Electoral Act 2011; or

(iii)the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984; or

(b)any purpose related to a referendum; or

(c)checking the accuracy of information on the electoral roll; or

(d)the performance by a member of—

(i)the Legislative Assembly; or

(ii)a local authority;

of the member’s functions in relation to electors enrolled on the electoral roll; or

(e)the performance by an official or employee of a political party of the person’s duties in relation to electors enrolled on the electoral roll; or

(f)if the copy of the electoral roll is made available to the person or organisation under section 61(2)—the purpose prescribed under a regulation for which the copy is made available.

s 177 amd 1 December 1994 RA s 39; 1997 No. 11 s 102 sch 2; 2004 No. 37 s 86 sch 1; 2007 No. 59 s 152 sch; 2009 No. 17 s 331 sch 1; 2010 No. 23 s 352 sch 1; 2010 No. 42 s 42; 2014 No. 44 s 113 sch 1; 2019 No. 31 s 50

178Improperly influencing commission

A person must not improperly influence a commissioner in the performance of the commissioner’s duties under this Act.

Maximum penalty—35 penalty units or 1 year’s imprisonment.

s 178 amd 1 December 1994 RA s 39

179Interfering with election right or duty

A person must not hinder or interfere with the free exercise or performance, by another person, of any right or duty under this Act that relates to an election.

Maximum penalty—20 penalty units or 6 months imprisonment.

s 179 amd 1 December 1994 RA s 39; 2000 No. 46 s 3 sch

180Wilful neglect etc. by commission staff

A senior electoral officer or member of the commission’s staff must not wilfully neglect or fail to perform any duty under this Act.

Maximum penalty—20 penalty units.

181Author of election matter must be named

(1)A person must not, during the election period for an election—

(a)print, publish, distribute or broadcast; or

(b)permit or authorise another person to print, publish, distribute or broadcast;

any advertisement, handbill, pamphlet or notice containing election matter unless there appears, or is stated, at its end the particulars required by subsection (2).

Maximum penalty—

(a)in the case of an individual—20 penalty units; or

(b)in the case of a corporation—85 penalty units.

(2)The particulars are the name and address (other than a post office box) of the person who authorised the advertisement, handbill, pamphlet or notice.

(3)Subsection (1) does not apply to an advertisement—

(a)that is printed, published or distributed on a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon; or

(b)that is of a kind prescribed for the purposes of this subsection.

(4)Also, subsection (1) does not apply to distributing, or permitting or authorising another person to distribute, a how-to-vote card.

(5)In this section—

publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.

s 181 amd 1997 No. 10 s 16; 2001 No. 25 s 9; 2002 No. 8 s 20

182Distribution of how-to-vote cards

(1)During the election period for an election, a person must not distribute, or permit or authorise another person to distribute, a how-to-vote card that does not comply with subsections (2) to (4).

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)for a corporation—85 penalty units.

(2)A how-to-vote card must state the following particulars—

(a)the name and address of the person who authorised the card;

(b)if the card is authorised—

(i)for a registered political party or a candidate endorsed by a registered political party—the party’s name; or

(ii)for a candidate who is not endorsed by a registered political party—the candidate’s name and the word ‘candidate’.

Example for paragraph (b)(i)—

‘Authorised P. Smith, 100 Green Street Brisbane for [name of registered political party]’.

Example for paragraph (b)(ii)—

‘Authorised R. Jones, 1 Green Street Brisbane for R. Jones (candidate)’.

(3)For subsection (2)(a), the address must not be a post office box.

(4)The particulars mentioned in subsection (2) must appear—

(a)at the end of each printed face of the how-to-vote card; and

(b)in prominent and legible characters in print no smaller than—

(i)if the card is not larger than A6—10 point; or

(ii)if the card is larger than A6 but not larger than A3—14 point; or

(iii)if the card is larger than A3—20 point.

(5)During the election period for an election, a person must not distribute, or permit or authorise another person to distribute, a how-to-vote card if the person knows, or ought reasonably to know, that the particulars, or any of the particulars, mentioned in subsection (2) on the card are false.

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)for a corporation—85 penalty units.

(6)In this section—

name, of a registered political party, means—

(a)if the register of political parties includes an abbreviation of the party’s name—the abbreviation; or

(b)otherwise—the party’s full name included in the register of political parties.

s 182 ins 2001 No. 25 s 10

amd 2002 No. 8 s 21

183Lodging how-to-vote cards

(1)The person who authorised a how-to-vote card for a registered political party, or for a candidate endorsed by a registered political party, for an election must, no later than 5p.m. on the Friday that is 7 days before the polling day for the election, lodge with the commission—

(a)the required number of the how-to-vote cards; and

(b)a statutory declaration relating to any financial contribution received from another registered political party or another candidate, whether directly or from someone else on behalf of the party or candidate, in relation to the production of the how-to-vote card that states—

(i)who the financial contribution was received from or on behalf of; and

(ii)the nature and amount of the financial contribution.

(2)The person who authorised a how-to-vote card for a candidate, other than a candidate endorsed by a registered political party, for an election must, no later than 5p.m. on the Friday that is 7 days before the polling day for the election, lodge with the commission or with the returning officer for the electoral district in which the candidate is nominated—

(a)the required number of the how-to-vote cards; and

(b)a statutory declaration relating to any financial contribution received from a registered political party or another candidate, whether directly or from someone else on behalf of the party or candidate, in relation to the production of the how-to-vote card that states—

(i)who the financial contribution was received from or on behalf of; and

(ii)the nature and amount of the financial contribution.

Example for subsections (1) and (2)—

If polling day is Saturday, 15 January, the how-to-vote cards and statutory declaration must be lodged no later than 5p.m. on Friday, 7 January.

(3)The commission or returning officer must reject a how-to-vote card received under subsection (1) or (2) if—

(a)the how-to-vote card does not comply with section 182; or

(b)the commission or returning officer is satisfied, on reasonable grounds, the how-to-vote card is likely to mislead or deceive an elector in voting under this Act.

(3A)The reference in subsection (3)(b) to voting under this Act includes voting in the way required under section 122.

(4)If the commission or returning officer rejects a how-to-vote card under subsection (3)(b), the commission or returning officer must give the person who authorised the how-to-vote card written reasons for the rejection.

(5)A person to whom reasons are given under subsection (4) may, no later than 5p.m. on the Wednesday immediately before the polling day for the election—

(a)revise the how-to-vote card; and

(b)comply with subsections (1)(a) and (b) or (2)(a) and (b) in relation to the how-to-vote card.

(6)Before polling day, the commission must make a how-to-vote card that it has not rejected available—

(a)for public inspection for free at—

(i)the commission’s Brisbane office; and

(ii)if the how-to-vote card was printed for a candidate—the office of the returning officer for the electoral district being contested by the candidate; and

(b)on the commission’s website.

(7)On polling day, if the how-to-vote card relates to only 1 electoral district, the commission or returning officer for the district must, to the extent that it is reasonably practicable to do so, make the card available for public inspection for free at each polling place in the district.

(8)An election is not invalid only because the commission does not comply with subsection (6) or (7).

(9)A person must not distribute, or permit or authorise someone else to distribute, a how-to-vote card to which subsection (1) or (2) applies on polling day unless subsection (1) or (2) has been complied with for the card.

Maximum penalty—20 penalty units.

(10)If, on polling day, a member of the commission’s staff reasonably suspects a person is distributing a how-to-vote card to which subsection (1) or (2) applies and that subsection (1) or (2) has not been complied with for the card, the employee may—

(a)require the person to produce the how-to-vote card for inspection; and

(b)confiscate any how-to-vote cards that have not been lodged as required by subsection (1) or (2).

(11)A person must not obstruct the employee in the exercise of the power under subsection (10)(b), unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(12)In this section—

financial contribution means a contribution in the form of money, property or other valuable consideration.

obstruct includes hinder and attempt to obstruct.

required number of how-to-vote cards means 12 more than the number of polling places in the electoral district in which the cards are to be distributed.

s 183 prev s 183 ins 1994 No. 82 s 20

exp 1 June 1995 (see s 183(2))

pres s 183 ins 2002 No. 8 s 22

amd 2003 No. 77 s 72; 2014 No. 32 s 21; 2016 No. 20 s 13E; 2020 No. 20 s 56 sch 1

184Headline to electoral advertisements

The proprietor of a newspaper is guilty of an offence if—

(a)an article, or a paragraph, containing electoral matter is printed in the newspaper; and

(b)either—

(i)the insertion of the article or paragraph is or is to be paid for; or

(ii)any reward or compensation, or promise of reward or compensation, is or is to be made for the insertion of the article or paragraph; and

(c)the proprietor does not cause the word ‘advertisement’ to be printed as a headline to the article or paragraph in letters not smaller than 10 point or long primer.

Maximum penalty—

(a)in the case of an individual—10 penalty units; or

(b)in the case of a corporation—40 penalty units.

s 184 prev s 184 om 19 June 1992 RA s 38

pres s 184 amd 2007 No. 21 s 60

185Misleading voters

(1)A person must not, during the election period for an election, print, publish, distribute or broadcast anything that is intended or likely to mislead an elector in relation to the way of voting at the election.

Maximum penalty—40 penalty units.

(2)A person must not for the purpose of affecting the election of a candidate, knowingly publish a false statement of fact regarding the personal character or conduct of the candidate.

Maximum penalty—40 penalty units.

(3)A person must not, during the election period for an election, print, publish, distribute or broadcast by television any representation or purported representation of a ballot paper for use in the election if it is likely to induce an elector to vote other than in accordance with this Act.

Maximum penalty—40 penalty units.

(4)In this section—

publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.

s 185 prev s 185 om 1995 No. 58 s 4 sch 1

pres s 185 amd 2002 No. 8 s 23

pt 10 div 2A hdg ins 2020 No. 20 s 58

pt 10 div 2A sdiv 1 hdg ins 2020 No. 20 s 58

185ADefinitions for division

In this division—

designated area, for a pre-poll voting office or ordinary polling booth, means the following areas—

(a)the area within 100m of the building within which the voting compartments for the voting office or polling booth are located;

(b)if the building is located in grounds—the area within 100m of each designated entrance to the grounds.

designated entrance, to grounds on which a pre-poll voting office or ordinary polling booth is located, see section 185D.

election sign see section 185B.

grounds means land that has a boundary fence or another structure or feature to mark the boundary of the land.

official sign means a sign for an election prepared by, or with the authority of, the commission.

primary election, for a pre-poll voting office or ordinary polling booth, see section 185E.

restricted signage area, for a pre-poll voting office or ordinary polling booth, see section 185C.

s 185A ins 2020 No. 20 s 58

185BMeaning of election sign

(1)An election sign is a sign, including a continuous sign, that—

(a)contains anything that could—

(i)influence an elector in relation to voting at an election; or

(ii)otherwise affect the result of an election; or

(b)is the colour or colours that are ordinarily associated with a registered political party; or

Example—

streamers in the colours that are ordinarily associated with a registered political party

(c)is prescribed by regulation to be an election sign.

(2)However, none of the following things that contain something, or are of a colour, mentioned in subsection (1)(a) or (b) is an election sign—

(a)an official sign;

(b)an item of clothing being worn by a person;

(c)an umbrella or portable shade structure;

(d)a small thing, including, for example, a lapel pin, a badge, a hat, a pen or pencil, or a sticker;

(e)another thing prescribed by regulation.

(3)In this section—

continuous sign means a sign comprised of a length of flexible material, including, for example—

(a)a continuous piece of flexible material; or

(b)1 or more pieces of flexible material joined into a continuous piece; or

(c)bunting; or

(d)streamers.

s 185B ins 2020 No. 20 s 58

185CMeaning of restricted signage area for pre-poll polling booth or ordinary polling booth

(1)The restricted signage area for a pre-poll voting office or ordinary polling booth is—

(a)the building, or part of the building, in which the voting compartments for the voting office or polling booth are, or are to be, located (the polling premises); and

(b)the area within 100m of the polling premises; and

(c)if the polling premises are located in grounds and the commission has designated entrances to the grounds under section 185D—

(i)the area in the grounds; and

(ii)the area on a boundary fence or another structure or feature that marks the boundary of the grounds; and

(iii)the area within 100m of each designated entrance to the grounds.

(2)However, the restricted signage area for a pre-poll voting office or ordinary polling booth does not include premises in the area mentioned in subsection (1)(b) or (c) that are—

(a)used as a residence; or

(b)used by a candidate in the election or registered political party as an office; or

(c)other premises lawfully occupied—

(i)by a person other than the commission, a candidate in the election or a registered political party; and

(ii)for a purpose that is not related to the polling premises being used for the election.

(3)If the polling premises are located in grounds, or are part of larger premises, the reference to other premises in subsection (2)(c)—

(a)includes premises located in the same grounds as the polling premises, or that are part of the same larger premises as the polling premises, that are lawfully occupied—

(i)by a person other than the owner of the grounds or larger premises; and

(ii)under an arrangement with the owner of the grounds or larger premises; and

(b)does not include any part of the same grounds, or same larger premises, that are not occupied in the way mentioned in paragraph (a).

s 185C ins 2020 No. 20 s 58

185DMeaning of designated entrance to grounds

(1)A designated entrance to grounds on which a pre-poll voting office or ordinary polling booth is located is an entrance to the grounds—

(a)designated by the commission for this section; and

(b)indicated by an official sign displayed at the entrance.

(2)In deciding whether to designate an entrance to grounds for a pre-poll voting office or ordinary polling booth under subsection (1), the commission must consider—

(a)the routes that electors will use to access the voting office or polling booth, including paths, hallways and doorways; and

(b)the need to ensure unobstructed access to the voting office or polling booth for electors.

s 185D ins 2020 No. 20 s 58

185EMeaning of primary election for a pre-poll voting office or ordinary polling booth

(1)A primary election for a pre-poll voting office or ordinary polling booth is—

(a)the election for the electoral district in which the voting office or polling booth is located; or

(b)if the commission has made a declaration under subsection (2) about the election for another electoral district—the election for the other electoral district.

(2)The commission may declare that the election for an electoral district being conducted at the pre-poll voting office or ordinary polling booth, other than the electoral district in which the voting office or polling booth is located, is a primary election being conducted at the voting office or polling booth.

(3)The commission must publish a declaration made under subsection (2) in the ways the commission considers appropriate, including, for example—

(a)on the commission’s website; or

(b)by displaying an official sign at the pre-poll voting office or ordinary polling booth to which the declaration relates.

s 185E ins 2020 No. 20 s 58

pt 10 div 2A sdiv 2 hdg ins 2020 No. 20 s 58

185FDisplaying election signs at pre-poll voting office or ordinary polling booth

(1)A person must not display an election sign in the restricted signage area of a pre-poll voting office or ordinary polling booth during voting hours unless the display of the sign is permitted under subsection (2).

Maximum penalty—10 penalty units.

(2)The display of an election sign is permitted if the sign is—

(a)displayed in a designated area at the pre-poll voting office or ordinary polling booth; and

(b)displayed by or for—

(i)a candidate in a primary election being conducted at the voting office or polling booth; or

(ii)a registered political party that has endorsed a candidate in a primary election being conducted at the voting office or polling booth; or

(iii)a third party; and

(c)1 of the maximum number of signs that, under section 185G, may be displayed in each designated area by or for the candidate, political party or third party.

(3)For subsection (2), a sign displayed by an associated entity of a registered political party or candidate in an election is taken to be displayed for the party or candidate.

(4)If a member of the commission’s staff considers a sign is displayed in contravention of subsection (1), the staff member may remove the sign.

s 185F ins 2020 No. 20 s 58

185GMaximum number of signs that may be displayed

(1)For section 185F(2)(c), the maximum number of election signs that may be displayed by or for a candidate in an election, registered political party or third party is—

(a)2 small signs in each designated area at a pre-poll voting office; and

(b)in each designated area at an ordinary polling booth—

(i)for signs displayed by or for a candidate or political party—6 signs, comprised only of large signs (a maximum of 4) and small signs; or

(ii)for signs displayed by or for a third party—4 signs, comprised only of large signs (a maximum of 2) and small signs.

(2)However—

(a)a candidate endorsed for election by a registered political party may display the maximum number of signs mentioned in subsection (1) less the number of signs displayed by or for the party; and

(b)a registered political party that has endorsed a candidate for election may display the maximum number of signs mentioned in subsection (1) less the number of signs displayed by or for the candidate.

(3)For this section, an A-frame sign is taken to be 1 sign—

(a)even though a sign may be displayed on each side of the A-frame sign; and

(b)whether the same election sign, or different election signs, are displayed on the 2 sides of the A-frame sign.

(4)In this section—

large sign means a sign that is no larger than 1,830mm by 1,220mm.

small sign means a sign that is no larger than 900mm by 600mm.

s 185G ins 2020 No. 20 s 58

185HSetting up to display election signs at ordinary polling booth

(1)This section applies—

(a)for a place used as a pre-poll voting office and an ordinary polling booth for an election—during the period that—

(i)starts when pre-poll voting for the election ends at the pre-poll voting office; and

(ii)ends at 5a.m. on the polling day for the election; and

(b)for another ordinary polling booth for the election—during the period that—

(i)starts when the election period starts; and

(ii)ends at 5a.m. on the polling day for the election.

(2)A person must not do any of the following in the restricted signage area of an ordinary polling booth—

(a)display an election sign;

(b)set up a table, chair, umbrella, portable shade structure or other thing to be used for a purpose related to the election.

Maximum penalty—10 penalty units.

(3)If a member of the commission’s staff considers a sign is displayed, or another thing is situated, in contravention of subsection (2), the staff member may remove the sign or other thing.

(4)For subsection (1)(a)(i), pre-poll voting for an election ends at a pre-poll voting office when the voting hours end for the pre-poll voting office on the last day electors are allowed to make a vote for the election at the pre-poll voting office before the polling day for the election.

(5)In this section—

restricted signage area, for an ordinary polling booth located in grounds—

(a)includes—

(i)the area in the grounds; and

(ii)the area on a boundary fence or another structure or feature that marks the boundary of the grounds; but

(b)does not include the area mentioned in section 185C(1)(c).

s 185H ins 2020 No. 20 s 58

186Failure to vote etc.

(1)An elector must not—

(a)fail to vote at an election without a valid and sufficient excuse; or

(b)contravene section 134(2); or

(c)state anything to the commission or the commission’s staff under section 134 the person knows is false or misleading in a material particular; or

(d)omit from a statement made under section 134 to the commission or the commission’s staff anything without which the statement is, to the person’s knowledge, misleading in a material particular.

Maximum penalty—1 penalty unit.

(2)Without limiting subsection (1)(a), if an elector believes it to be part of the elector’s religious duty not to vote at an election, that is a valid and sufficient excuse for failing to vote at the election.

(3)A person may be prosecuted for an offence against subsection (1)(a) only if the person has been sent a notice about the election under section 134.

(4)In a proceeding for an offence against subsection (1)(a), a certificate purporting to be signed by a member of the commission’s staff stating any of the following matters is evidence of the matter—

(a)an election happened on a stated day;

(b)an elector failed to vote at the election;

(c)a notice was sent by the commission to the elector under section 134 on a stated day;

(d)a form mentioned in section 134(1) was not received by the commission from the elector by the day stated under the subsection.

(5)If a form is not received by the commission from the elector by the day stated under section 134(1), it is evidence the elector failed to vote at the election without a valid and sufficient excuse.

(6)If a form is received by the commission about the elector’s compliance with section 134, statements in the form purporting to be made by—

(a)the elector are evidence as statements made by the elector; and

(b)another elector under section 134(3) are evidence as statements made by the other elector.

(7)Subsection (1)(a) does not apply to an Antarctic elector.

(8)For the Justices Act 1886, section 139, the place where an offence against subsection (1)(a) is committed is taken to be the office of the returning officer for the electoral district for which the elector was enrolled for the election.

(9)In this section—

Antarctic elector see the Commonwealth Electoral Act, section 246(1).

s 186 sub 1994 No. 82 s 17

amd 2002 No. 8 s 24; 2010 No. 42 s 39 sch; 2020 No. 20 s 56 sch 1

187Leave to vote

(1)If—

(a)an employee who is an elector asks his or her employer, before polling day in relation to an election, for leave of absence to vote at the election; and

(b)the absence is necessary to enable the employee to vote at the election;

then, unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned, the employer—

(c)must allow the employee leave of absence for a reasonable period of not more than 2 hours to enable the employee to vote at the election; and

(d)must not impose any penalty or disproportionate deduction of pay for the leave of absence.

(2)An employee must not ask for leave of absence under subsection (1) to vote at an election unless the employee genuinely intends to vote at the election.

Maximum penalty—

(a)in the case of an individual—10 penalty units; or

(b)in the case of a corporation—40 penalty units.

s 187 amd 2007 No. 21 s 61

188Canvassing etc. in or near polling places

(1)A person must not, during the election period for an election, do anything mentioned in subsection (2)—

(a)inside a room with voting compartments; or

(b)within 6m of the entrance to a building with voting compartments.

Maximum penalty—10 penalty units.

(2)For the purposes of subsection (1), the things are—

(a)canvassing for votes; or

(b)inducing an elector not to—

(i)vote in a particular way; or

(ii)vote at all at the election; or

(c)loitering; or

(d)obstructing the free passage of voters.

s 188 amd 1994 No. 82 s 18; 2002 No. 8 s 25; 2007 No. 21 s 62; 2019 No. 31 s 51

188AParticular badges and emblems not to be worn in polling booths

A person must not wear or display a badge or emblem of a political party or candidate in an election during voting hours in a polling booth.

Maximum penalty—1 penalty unit.

s 188A ins 2019 No. 31 s 52

189Interrupting voting etc.

A person must not—

(a)enter or remain in a polling booth otherwise than as authorised by this Act; or

(b)wilfully interrupt, obstruct or disturb any proceeding at an election; or

(c)enter a voting compartment otherwise than as authorised by this Act; or

(d)prevent a scrutineer from entering or leaving a polling place—

(i)during voting hours in relation to the polling place; or

(ii)while votes are being counted at the polling place; or

(e)obstruct or wilfully mislead a senior electoral officer or member of the commission’s staff in the performance of a duty.

Maximum penalty—10 penalty units.

s 189 amd 2007 No. 21 s 63

190Displaying political statements in certain places

(1)A person must not display a political statement—

(a)inside a room with voting compartments; or

(b)within 6m of the entrance to a building with voting compartments.

Maximum penalty—1 penalty unit.

(2)In this section—

political statement means a statement or design that a reasonable person would associate with a political organisation, cause or belief.

s 190 sub 1994 No. 82 s 19

191Offences relating to ballot papers

(1)A person must not—

(a)wilfully fail to comply with section 107(10)(c), 117(5)(d), 118(3)(c) or (d) or 119(8)(c) or (d); or

(b)take a ballot paper out of a polling place otherwise than as authorised by this Act; or

(c)place in a ballot box a ballot paper that has not been—

(i)given to an elector under this Act; or

(ii)marked by the elector.

(2)A person must not, without lawful excuse, obtain possession of, or have in the person’s possession—

(a)a ballot paper that has been marked by another person; or

(b)a declaration envelope that has been signed by another person.

Maximum penalty—20 penalty units or 6 months imprisonment.

s 191 amd 1 December 1994 RA s 39; 2019 No. 31 s 53

192Failure to give, post or send documents for someone else

(1)If a person is given a request under section 119 or 120 to give, post or send to the commission or a returning officer, the person must promptly give, post or send the request to the commission or returning officer, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units or 6 months imprisonment.

(2)If a person is given a declaration envelope under section 119(8)(d)(ii) to post or send to the commission or a returning officer, the person must promptly post or send the declaration envelope to the commission or returning officer, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units or 6 months imprisonment.

s 192 amd 1 December 1994 RA s 39

sub 1995 No. 24 s 13

amd 1997 No. 10 s 17

sub 2019 No. 31 s 54

193Secrecy of voting

A person must not—

(a)unfold a ballot paper that has been marked and folded by an elector under this Act unless ordered by a court or authorised under this Act to do so; or

(b)if the person is a member of the commission’s staff performing duties at a polling place in relation to an election—

(i)ascertain or discover how an elector has voted at the election unless the person is authorised to do so under this Act; or

(ii)disclose any information as to how an elector has voted at the election unless the person is authorised to do so under this Act or ordered by a court to do so.

Maximum penalty—20 penalty units or 6 months imprisonment.

s 193 amd 1 December 1994 RA s 39

194Breaking seals on parcels

A person must not wilfully open or break the seal of a parcel sealed under section 127(2)(e) unless the person is authorised to do so under this Act or ordered by a court to do so.

Maximum penalty—20 penalty units or 6 months imprisonment.

s 194 amd 1 December 1994 RA s 39; 2019 No. 31 s 55

195Duty of witness to signing of declaration voting papers

An elector or other person (the witness) must not sign a declaration envelope as witness under section 119(8)(a) unless—

(a)the witness is satisfied of the identity of the elector who signs the declaration before the witness; and

(b)the witness has seen the elector sign the declaration; and

(c)either—

(i)the witness knows that the declaration made by the elector on the envelope is true; or

(ii)the witness is satisfied, on the basis of inquiries of the elector or otherwise, that the declaration is true.

Maximum penalty—20 penalty units or 6 months imprisonment.

s 195 amd 1 December 1994 RA s 39; 2019 No. 31 s 56

196Injunctions

(1)If—

(a)either—

(i)a person (the offending party) has engaged, is engaging or is proposing to engage in conduct; or

(ii)a person (also the offending party) has failed, is failing or is proposing to fail to do anything; and

(b)the conduct or failure constituted, constitutes or would constitute a contravention of, or an offence against, this Act;

an application may be made to the Supreme Court for an injunction.

(2)The application may be made by—

(a)if the conduct or failure relates to an election—a candidate in the election; or

(b)in any case—the commission.

(3)The court may grant an interim injunction pending determination of the application.

(4)If the commission makes the application for the injunction, the court must not require it or another person to give any undertakings as to damages as a condition of granting an interim injunction under subsection (3).

(5)On considering the application for the injunction, the court may—

(a)in a case to which subsection (1)(a)(i) applies—grant an injunction restraining the offending party from engaging in the conduct concerned and, if in the court’s opinion it is desirable to do so, requiring the offending party to do anything; or

(b)in a case to which subsection (1)(a)(ii) applies—grant an injunction requiring the offending party to do the thing concerned.

(6)The court may grant the injunction—

(a)if the court is satisfied that the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1)—whether or not it appears to the court that the offending party intends—

(i)to engage again or continue to engage in the conduct; or

(ii)to fail or continue to fail or do the thing; or

(b)if it appears to the court that, if the injunction is not granted, it is likely that the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1)—whether or not—

(i)the offending party has previously engaged in the conduct or failed to do the thing; and

(ii)there is an imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing.

(7)The court may refuse to grant an injunction if it appears to the court that the application was not made to the court at the earliest possible opportunity.

(8)The court may discharge or vary the injunction or any interim injunction granted under subsection (3).

(9)The powers conferred on the court by this section are in addition to, and do not limit, any other powers of the court.

pt 11 hdg ins 2011 No. 14 s 15

pt 11 div 1 hdg ins 2011 No. 14 s 15

197Definitions

In this part—

2013–2014 financial year ...

s 197 def 2013–2014 financial year ins 2015 No. 2 s 6

om 2020 No. 20 s 7(1)

6-month period means the following periods in a year—

(a)1 January to 30 June;

(b)1 July to 31 December.

s 197 def 6-month period ins 2020 No. 20 s 7(2)

agent means an agent of a registered political party, candidate or third party appointed under division 2.

applicable expenditure cap ...

s 197 def applicable expenditure cap om 2014 No. 32 s 22 (1) (retro)

associated entity—

(a)of a registered political party—see section 204(2) and (3); or

(b)of a candidate in an election—see section 204A(2), (3) and (4).

s 197 def associated entity sub 2020 No. 20 s 7(1)–(2)

auditor means an individual who—

(a)has the qualifications or experience prescribed for this definition; and

(b)is not, and has not ever been, a member of a political party.

bank statement, for an account with a financial institution—

(a)means a written record issued by the financial institution of all of the transactions carried out in relation to the account during a stated period; and

(b)includes a written record of the transactions printed from an online banking facility provided by the financial institution.

s 197 def bank statement ins 2020 No. 20 s 7(2)

by-election ...

s 197 def by-election om 2020 No. 38 s 41

campaign purpose, for incurring electoral expenditure, see section 199A.

s 197 def campaign purpose ins 2020 No. 20 s 7(2)

capped expenditure period, for an election, see section 280.

s 197 def capped expenditure period prev def om 2014 No. 32 s 22 (1) (retro)

pres def ins 2020 No. 20 s 7(2)

consideration means consideration in money or money’s worth.

s 197 def consideration ins 2020 No. 20 s 7(2)

disclosure period, for an election—

(a)for a candidate in the election—see section 198(1); or

(b)for a third party to which section 263(1) or 264(1) applies for the election—see section 198(3).

s 197 def disclosure period sub 2019 No. 31 s 57

donation cap, for a registered political party or candidate in an election, see section 252.

s 197 def donation cap ins 2020 No. 20 s 7(2)

donation cap period, for a registered political party or candidate in an election, see section 247.

s 197 def donation cap period ins 2020 No. 20 s 7(2)

donor statement see section 251.

s 197 def donor statement ins 2020 No. 20 s 7(2)

elected member means a member of the Legislative Assembly.

election material means material produced as a result of incurring electoral expenditure, including, for example, an advertisement.

s 197 def election material ins 2020 No. 20 s 7(2)

electoral expenditure see section 199.

s 197 def electoral expenditure sub 2014 No. 32 s 22 (retro); 2018 No. 9 s 11; 2020 No. 20 s 7(1)–(2)

eligible registered political party see section 239.

s 197 def eligible registered political party ins 2014 No. 32 s 22 (2) (retro)

financial controller, of an associated entity, means—

(a)if the entity is a corporation—the secretary of the corporation; or

(b)if the entity is the trustee of a trust—the trustee; or

(c)if the entity is a corporation that is the trustee of a trust—the secretary of the corporation; or

(d)otherwise—the person responsible for keeping the financial records of the entity.

fundraising contribution see section 200.

gift see section 201.

gifted, for an amount of electoral expenditure incurred, see section 200B.

s 197 def gifted ins 2020 No. 20 s 7(2)

independent candidate, for an election—

(a)means a candidate nominated for the election under section 88(1)(b); and

(b)includes a candidate if—

(i)the candidate was nominated for the election by a registered political party under section 88(1)(a); and

(ii)before the polling day for the election, the party gives the commission notice under section 91A about the withdrawal of the party’s endorsement of the person as a candidate.

s 197 def independent candidate prev def om 2014 No. 32 s 22 (1) (retro)

pres def ins 2020 No. 20 s 7(2)

independent member, for a 6-month period, see section 240(2).

s 197 def independent member prev def om 2012 No. 37 s 14

pres def ins 2020 No. 20 s 7(2)

information notice, about a decision, means a notice stating the following—

(a)the decision;

(b)the reasons for it;

(c)that the person to whom the notice is given may apply to the commissioner for a review of the decision within 20 business days after the person receives the notice;

(d)how to apply for a review.

journal ...

s 197 def journal om 2020 No. 20 s 7(1)

loan means any of the following made other than by a financial institution or use of a credit card—

(a)an advance of money;

(b)a provision of credit or another form of financial accommodation;

(c)a payment of an amount for, on account of, on behalf of or at the request of, an entity, if there is an express or implied obligation to repay the amount;

(d)a transaction (whatever its terms or form) that in substance effects a loan of money.

s 197 def loan amd 2020 No. 20 s 7(4)

participant, in an election—

(a)generally—see section 197A; or

(b)for division 12A—see section 305.

s 197 def participant ins 2020 No. 20 s 7(2)

payment direction see section 227.

policy development payment means a payment made to a registered political party under division 5.

s 197 def policy development payment ins 2014 No. 32 s 22 (2) (retro)

political donation—

(a)generally—see section 250; or

(b)for division 8, subdivision 4—see section 274.

s 197 def political donation prev def om 2014 No. 32 s 22 (1) (retro)

pres def ins 2018 No. 9 s 11(2)

sub 2020 No. 20 s 7(1)–(2)

prescribed matter, for division 12A, see section 305AA.

s 197 def prescribed matter ins 2020 No. 20 s 7(2)

prohibited donor, for division 8, subdivision 4, see section 273.

s 197 def prohibited donor ins 2018 No. 9 s 11(2)

registered, for a third party in relation to an election, means the third party is registered for the election under division 12.

s 197 def registered sub 2020 No. 20 s 7(1)–(2)

registered industrial organisation ...

s 197 def registered industrial organisation om 2014 No. 32 s 22 (1) (retro)

registered third party ...

s 197 def registered third party om 2014 No. 32 s 22 (1) (retro)

register of agents means the register kept under section 211.

register of third parties, for an election, means the register kept under section 298(1) for the election.

s 197 def register of third parties ins 2020 No. 20 s 7(2)

relevant election ...

s 197 def relevant election ins 2015 No. 2 s 6

om 2020 No. 20 s 7(1)

relevant particulars, of an entity, means—

(a)for an unincorporated association—

(i)the name of the association; and

(ii)the names and addresses of the members of the executive committee (however described) of the association; or

(b)for a trust fund or foundation—

(i)the names and addresses of the trustees of the fund or the foundation; or

(ii)the title or other description of the trust fund or the name of the foundation; or

(c)otherwise—the name and address of the entity.

s 197 def relevant particulars ins 2014 No. 32 s 22 (2) (retro)

reporting period means—

(a)the financial year ending on 30 June 2015; or

(b)for a financial year after 30 June 2015—the first 6 months of the financial year or the full financial year.

s 197 def reporting period prev def om 2014 No. 32 s 22 (1) (retro)

pres def ins 2015 No. 2 s 6

source—

(a)of a gift—see section 205A(1); or

(b)of a loan—see section 205A(2).

s 197 def source ins 2019 No. 31 s 57(2)

sub 2020 No. 20 s 7(1)–(2)

special reporting period ...

s 197 def special reporting period ins 2015 No. 2 s 6

om 2020 No. 20 s 7(1)

sponsorship arrangement see section 200A.

s 197 def sponsorship arrangement ins 2020 No. 20 s 7(2)

State campaign account, of a participant in an election, see section 215.

s 197 def State campaign account ins 2020 No. 20 s 7(2)

third party means an entity other than a registered political party, an associated entity or a candidate.

s 197 ins 2011 No. 14 s 15

197AMeaning of participant in an election

(1)For this part, each of the following is a participant in an election—

(a)a candidate in the election;

(b)a registered political party;

(c)a registered third party for the election under division 12;

(d)a third party that is not registered for the election that incurs electoral expenditure for the election.

(2)Subsection (3) applies if—

(a)a person becomes a candidate in an election for subsection (1)(a) because the person indicates the person’s intention to become a candidate in the election by incurring electoral expenditure; or

Note—

See section 2, definition candidate, paragraph (b)(iii).

(b)a third party becomes a third party to which subsection (1)(d) applies for an election by incurring electoral expenditure for the election.

(3)Despite section 281, the person or third party incurs the electoral expenditure when the person or third party enters a transaction to incur the expenditure, regardless of when—

(a)the amount of the expenditure is invoiced or paid; or

(b)the obligation to pay for the expenditure arises; or

(c)the goods or services for which the expenditure is incurred are supplied or provided.

(4)In this part, a reference to an election participant in a provision about an election is a reference to a participant in the election.

s 197A ins 2020 No. 20 s 8

198Meaning of disclosure period