Local Government Electoral Act 2011

1Short title

This Act may be cited as the Local Government Electoral Act 2011.

2Commencement

(1)Part 12, division 4, other than sections 224, 228 and 236, commences on 1 September 2011.

(2)The following provisions commence on a day to be fixed by proclamation—

•part 12, divisions 2, 3, 11, 12, 14 and 16

•sections 315 and 342.

3Purposes of Act

The purposes of this Act are to—

(a)ensure and reinforce the transparent and equitable conduct of elections of councillors of Queensland’s local governments, including, for example, by minimising the risk of unequal participation in the electoral process and ensuring a fair opportunity to participate in the electoral process; and

(b)ensure and reinforce integrity in Queensland’s local governments, including, for example, by minimising the risk of corruption in relation to—

(i)the election of councillors; and

(ii)the good governance of, and by, local government.

s 3 sub 2018 No. 9 s 28

amd 2023 No. 8 s 13

4Definitions

The dictionary in schedule 2 defines particular words used in this Act.

s 4 amd 2019 No. 30 s 155

5Particular references in this Act

In a provision of this Act about an election—

(a)a reference to the returning officer is a reference to the returning officer for the election; and

(b)a reference to an assistant returning officer is a reference to an assistant returning officer for the election; and

(c)a reference to an issuing officer is a reference to an issuing officer for the election; and

(d)a reference to polling day is a reference to polling day for the election; and

(e)a reference to the nomination day is a reference to the nomination day for the election; and

(f)a reference to a ballot paper is a reference to a ballot paper for the election; and

(g)a reference to a candidate is a reference to a candidate for the election; and

(h)a reference to a nominee is a reference to a nominee for the election; and

(i)a reference to the mayor or another councillor is a reference to the mayor or other councillor of the local government for which the election is held; and

(j)a reference to a local government is a reference to the local government for which the election is held.

6References to divisions includes wards

(1)In a provision of this Act, a reference to a division of a local government area includes a reference to a ward of Brisbane.

(2)In this section—

ward, of Brisbane, means one of 26 divisions of the local government area of the Brisbane City Council established for the election of councillors or a councillor.

7Meaning of conclusion of local government election

(1)The conclusion of the election of a councillor is—

(a)if the councillor is elected at an election of all councillors of the local government—the day on which the last declaration of a poll conducted in the election is published on the electoral commission’s website under section 100(2); or

(b)if the councillor is elected at a by-election and—

(i)a poll is conducted—the day on which the declaration of the poll is published on the electoral commission’s website under section 100(2); or

(ii)a poll is not conducted—the day after the nomination day for the by-election; or

(c)if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and—

(i)1 or more polls are conducted in the local government area—the day on which the last declaration of a poll conducted in the local government area is published on the electoral commission’s website under section 100(2); or

(ii)no poll is conducted in the local government area—6p.m. on the day that a poll would otherwise have been required to be conducted under this Act.

(2)In this section—

declaration, of a poll, means the declaration by the electoral commission of the result of the poll under section 100(1).

s 7 amd 2014 No. 44 s 14; 2019 No. 30 s 156

8Additional functions and powers of electoral commission

For the purpose of this Act, the functions of the electoral commission include conducting quadrennial elections, by-elections or fresh elections for local governments.

9Returning officers

(1)The returning officer for an election is responsible for the proper conduct of the election.

(2)The electoral commission may appoint a person as the returning officer for an election.

(3)A person must not be appointed under subsection (2) if the person is—

(a)a minor; or

(b)a member of a political party; or

(c)the chief executive officer of the local government for which the election is to be held.

(4)Despite subsection (3)(c), the electoral commission may appoint the chief executive officer of the local government as the returning officer if—

(a)the chief executive officer is not a member of a political party; and

(b)the electoral commission considers the chief executive officer is the only person with experience in conducting elections who is reasonably available to be appointed as the returning officer.

(5)The returning officer must comply with a direction given by the electoral commission for the proper conduct of the election.

s 9 sub 2014 No. 44 s 15; 2015 No. 6 s 3

10Assistant returning officers

(1)An assistant returning officer is responsible for helping the returning officer in performing the returning officer’s responsibilities under this Act.

(2)The electoral commission may appoint a person as an assistant returning officer for an election.

(3)A person must not be appointed under subsection (2) if the person is—

(a)a minor; or

(b)a member of a political party.

(4)The electoral commission may appoint 1 or more assistant returning officers for an election.

s 10 amd 2014 No. 44 s 17; 2015 No. 6 s 5

11Presiding officers

(1)A presiding officer at a polling booth is responsible for the proper conduct of a poll at the polling booth and for carrying out the other duties for an election that are required by the returning officer.

(2)The returning officer—

(a)may be presiding officer at a polling booth; and

(b)must appoint a person as presiding officer at each polling booth other than the booth at which the returning officer is the presiding officer.

(3)If a person can not act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer’s approval, may appoint another person as presiding officer at the booth while the person can not act.

(4)An appointment under subsection (2) or (3) must be in the approved form.

s 11 amd 2014 No. 44 s 18

12Issuing officers

(1)An issuing officer is responsible for—

(a)giving ballot papers and declaration envelopes to electors; and

(b)performing the other duties for an election that are required by the returning officer.

(2)An issuing officer must be a member of the staff of the electoral commission mentioned in the Electoral Act 1992, section 29.

s 12 amd 2014 No. 44 s 19; 2015 No. 6 s 6

13Removal from office for membership of political party

(1)The electoral commission must remove a person from the office of returning officer or assistant returning officer if the person becomes a member of a political party.

(2)Subsection (1) does not limit the electoral commission’s power to remove a person from the office of returning officer or assistant returning officer.

(3)A person’s membership of a political party, or failure to comply with section 14, does not invalidate—

(a)anything done by the person while the person is a returning officer or assistant returning officer; or

(b)if the person does a thing for an election while the person is a returning officer or assistant returning officer—the election.

s 13 sub 2019 No. 30 s 157

14Obligation to notify of membership of a political party

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

Maximum penalty—40 penalty units.

15Returning officer may act through other officers

If—

(a)the returning officer may, under this Act, do a thing; and

(b)the returning officer authorises an assistant returning officer, presiding officer or issuing officer to do the thing; and

(c)the assistant returning officer, presiding officer or issuing officer does the thing;

the thing is taken to have been done by the returning officer.

Examples—

1For an election, if the returning officer authorises an assistant returning officer to conduct the election in a division, and the assistant returning officer does so, the returning officer is taken to have conducted the election in the division.

2For an election, if the returning officer authorises an assistant returning officer to carry out the functions of the returning officer under section 95, and the assistant returning officer carries out the functions, the returning officer is taken to have carried out the functions.

3Under section 72, declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box.

16Assistant returning officer may act through other officers

If—

(a)an assistant returning officer may, under this Act, do a thing; and

(b)the assistant returning officer authorises a presiding officer or an issuing officer to do the thing; and

(c)the presiding officer or the issuing officer does the thing;

the thing is taken to have been done by the assistant returning officer.

pt 3 hdg amd 2014 No. 44 s 21

pt 3 div 1 hdg ins 2014 No. 44 s 22

17Returning officer must compile voters roll

(1)The returning officer for an election must compile a roll of persons entitled to vote at the election (the voters roll).

(2)The voters roll must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included—

(a)for an election for all of a local government’s area—in the area; or

(b)for an election for a division of a local government’s area—in the division.

(3)An electoral registrar under the Electoral Act 1992 must give the returning officer the assistance the officer reasonably requires to compile a voters roll for an election.

s 17 amd 2014 No. 44 s 23; 2015 No. 6 s 8

18When voters roll must be compiled

(1)A voters roll for a quadrennial election or fresh election must be compiled at least 5 days, but not more than 7 days, after notice of the election is published on the electoral commission’s website under section 25(1).

(2)However, a regulation may fix a different day for compiling the voters roll for a particular election.

(3)A voters roll for a by-election must be compiled at least 5 days, but not more than 7 days, after notice of the day of the by-election is published on the electoral commission’s website under section 24(3).

s 18 amd 2014 No. 44 s 24; 2021 No. 8 s 27

19Requirements of voters roll

(1)A voters roll for an election must—

(a)show the names of all persons entitled to vote at the election; and

(b)be in the form of the electoral roll used for elections of the Legislative Assembly.

(2)The voters roll must not include the address of a silent elector.

s 19 amd 2014 No. 44 s 25; 2019 No. 30 s 201

20Inspection of voters roll

(1)The electoral commission must ensure the most recent version of all voters rolls is available for inspection by members of the public at the commission’s public office.

(2)The electoral commission may also make available, for inspection by any person, a copy of the most recent version of a voters roll at any place that the commission considers appropriate.

21Supply of voters roll to candidates

(1)If a poll is to be conducted in an election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day.

(2)The electoral commission may decide the format in which the voters roll is given to the candidates and direct the returning officer to give the voters roll that format.

(3)A person must not use, disclose to another person or allow another person to access information in a copy of a voters roll given to a candidate under subsection (1), unless the use, disclosure or giving of access is for a purpose stated in subsection (4).

Maximum penalty—20 penalty units or 6 months imprisonment.

(4)The purposes are—

(a)any purpose related to an election under this Act; or

(b)checking the accuracy of information on the voters roll; or

(c)the performance by a councillor of a local government of the councillor’s functions in relation to electors enrolled on the voters roll; or

(d)the performance by an official or employee of a political party of the person’s duties in relation to electors enrolled on the voters roll.

s 21 amd 2014 No. 44 s 26; 2019 No. 30 s 158

pt 3 div 2 hdg ins 2014 No. 44 s 27

21AElectoral commission to keep register of special postal voters

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

(2)The electoral commissioner must, not less than 18 months but not more than 4 years after the result of a poll for a quadrennial election is declared, review the continuing eligibility of a person to cast a vote as a special postal voter.

(3)In conducting the review, the electoral commissioner must—

(a)require each relevant elector to advise, in the approved form, whether the elector still lives at the address shown on the voters roll; and

(b)do a random check of approved forms given to the electoral commission under paragraph (a) to decide whether the signature on each approved form checked is the same as the signature on the elector’s application to be a special postal voter mentioned in section 68(5A).

(4)In this section—

relevant elector means an elector whose name is included in the register of special postal voters because of a circumstance mentioned in section 68(5A)(a)(i) or (ii).

s 21A ins 2014 No. 44 s 27

22Types of elections

(1)An election of the mayor of a local government is an election for all of the local government’s area.

(2)A quadrennial or fresh election for a councillor (other than the mayor) of a local government is—

(a)if the local government’s area does not have divisions—an election for all of the area; or

(b)if the local government’s area has divisions—an election for each division of the area.

(3)A by-election to fill a vacancy in the office of a councillor (other than the mayor) of a local government is an election for its area, or the division of its area, for which the councillor was elected.

23Date of quadrennial elections

(1)A quadrennial election must be held in, and every fourth year after, 2012.

(2)A quadrennial election must be held on the last Saturday in March.

(3)However, a regulation may fix a different day, which must be a Saturday, for a quadrennial election for a particular year.

s 23 amd 2019 No. 30 s 159

24Date of by-elections

(1)A by-election to fill a vacancy in the office of a councillor is to be held on the day fixed by the returning officer.

(2)The day fixed must be within 2 months after the vacancy happens.

(3)As soon as practicable after fixing the day for holding a by-election, the returning officer must—

(a)publish, on the electoral commission’s website and in the other ways that the officer may consider appropriate, notice of—

(i)the day fixed; and

(ii)the cut-off day for the voters roll for the by-election under section 18(3); and

(b)take the steps required by this Act for holding the by-election.

s 24 amd 2012 No. 33 s 179; 2019 No. 30 s 160; 2020 No. 38 s 54

25Calling for nominations

(1)The returning officer must publish notice of an election on the electoral commission’s website, and in other ways the returning officer considers appropriate.

(2)The notice must—

(a)state a day as a nomination day—

(i)not less than 8, or more than 18, days after the publication of the notice; and

(ii)not less than 18, or more than 42, days before the day on which the election is to be held; and

(b)state the nominations must be given to the returning officer; and

(c)invite nominations of candidates.

(3)The place of nomination must be—

(a)the office of the returning officer; or

(b)a place in the local government’s area convenient generally to persons in the area.

s 25 amd 2014 No. 44 s 29; 2019 No. 30 s 161

26Who may be nominated

(1)A person may be nominated as a candidate, or for appointment, as a councillor only if the person is qualified to be a councillor under the—

(a)for a councillor of the Brisbane City Council—City of Brisbane Act 2010, section 152; or

(b)for a councillor of another local government—Local Government Act 2009, section 152.

(2)Also, a person may be nominated as a candidate for an election only if the person has, within 6 months before the nomination day for the election, successfully completed a training course approved by the department’s chief executive about—

(a)the person’s obligations as a candidate, including the person’s obligations under part 6; and

(b)the person’s obligations as a councillor, if the person is elected or appointed, including obligations under a Local Government Act within the meaning of the Local Government Act 2009.

(3)However, a person who is a candidate for election as a member of an Australian Parliament, can not be nominated for election or appointment as a councillor until—

(a)for an election under the Electoral Act 1992—the day the electoral commission is notified, under section 131(1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or

(b)for an election under the Commonwealth Electoral Act 1918 (Cwlth)—

(i)the day the result of the election and the candidates elected are declared under section 283 of that Act; or

(ii)the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act.

(4)To remove any doubt, it is declared that, a person is not disqualified from being nominated as a candidate, or for appointment, as a councillor only because the person is a member of the Legislative Assembly or a local government employee.

Example—

A person who is a member of the Legislative Assembly may nominate as a candidate for election as a councillor but must resign on becoming a candidate.

s 26 amd 2019 No. 30 s 162

27Making and certification of nomination

(1)A person who wishes to be a candidate in an election may only be nominated by—

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

(b)at least 6 electors for the local government area, or division of the local government area, for which the election is to be held.

(2)A nomination must—

(a)be in the approved form; and

(b)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 registered political party’s registered officer that the party has endorsed the candidate;

(iv)information about the account with a financial institution the candidate intends to use as the candidate’s account for section 126;

(v)the other matters stated in schedule 1; and

(c)be given to the returning officer after the nominations are invited for the election but before noon on the nomination day.

(3)If the returning officer is satisfied a person has been properly nominated, the returning officer must—

(a)as soon as practicable, certify the nomination in the approved form; and

(b)give a copy of the certificate to the person.

(4)The certificate must state the time, day and place proposed for a draw, if necessary, for the order of listing of candidates’ names on the ballot paper.

(5)For subsection (3), a person is properly nominated for an election if—

(a)subsection (2) has been complied with, or substantially complied with apart from a mere formal defect or error in the nomination; and

(b)section 29(2) does not apply to the nomination; and

(c)section 31(3) does not apply to the nomination; and

(d)section 39 has been complied with; and

(e)the nomination has not been withdrawn.

(6)In deciding whether a person is properly nominated for an election, the returning officer is not required to look beyond—

(a)the form of nomination and payment of the deposit; and

(b)the voters roll; and

(c)documentary evidence produced by the nominee or nominator that, at the time the voters roll is compiled for the election—

(i)the nominator is an elector for the election or the registered officer of a registered political party; or

(ii)the nominee is, under the Electoral Act 1992, an elector for an electoral district, or part of an electoral district, included in the local government’s area.

(7)If a nomination is wrongly certified by the returning officer, the certification is of no effect.

s 27 amd 2014 No. 44 s 30; 2019 No. 30 s 202; 2023 No. 8 s 14

28Grounds for deciding a person is not properly nominated

(1)The returning officer may decide that a person who has changed his or her name is not properly nominated as a candidate in an election 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.

(2)The returning officer may also decide that a person who has changed his or her name is not properly nominated as a candidate in an election if the returning officer considers the name could cause confusion.

Example of subsection (2)—

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

(3)If the returning officer decides under this section that a person is not properly nominated as a candidate in an election, the returning officer must give the person a notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)the person’s right to apply for an injunction.

Note—

For a person’s right to apply for an injunction, see section 200.

(4)In this section—

nomination name means the name proposed by a candidate to be used on a ballot paper as the candidate’s name under section 55(2).

parliamentary party means an organisation—

(a)whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and

(b)of which at least 1 member is a member of an Australian parliament.

party name means the name, or an abbreviation or acronym of the name of—

(a)a parliamentary party; or

(b)a political party; or

(c)an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to—

(i)an Australian parliament; or

(ii)an office of councillor of a local government.

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

s 28 amd 2014 No. 44 s 31

29Effect of multiple nominations

(1)A person can not, at the same time, be a candidate for election as—

(a)mayor of a local government and as another councillor of the same local government; or

(b)a councillor of a local government for more than 1 division of the local government’s area.

(2)If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1), each of the nominations is of no effect.

30Withdrawal of consent to nomination

(1)A person nominated as a candidate in an election may withdraw the person’s agreement to the nomination by signed notice given to the returning officer before noon on the nomination day.

(2)If a person acts under subsection (1)—

(a)the nomination is of no effect; and

(b)the person’s deposit must be refunded to the person who paid the deposit.

31Withdrawal 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 27(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 135A for the requirement for a registered political party to notify the commission about—

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

(b)changes to the endorsement.

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

Maximum penalty—40 penalty units.

(3)If the notification is given to the electoral commission before noon on the nomination day for the election, the nomination of the person is of no effect.

(4)If the notification is given to the electoral commission on or after noon on the nomination day for the election—

(a)the nomination of the person is not affected; and

(b)a ballot paper is taken to comply with section 55 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 electoral commission receives the notification, the electoral commission must give the candidate a notice that states—

(a)the contents of the notification; and

(b)when the electoral commission received the notification; and

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

s 31 prev s 31 om 2014 No. 44 s 32

pres s 31 ins 2023 No. 8 s 15

32Announcement of nominations

(1)As soon as practicable after the returning officer has certified the nomination of a person for an election under section 27(3)(a), the returning officer must publish the prescribed information for the nomination—

(a)on the electoral commission’s website; and

(b)in other ways the returning officer considers appropriate.

(2)The publication of the prescribed information must continue until the conclusion of the election.

(3)In this section—

prescribed information, for a nomination, means information or a statement contained in the nomination prescribed by regulation.

s 32 amd 2012 No. 33 s 180; 2014 No. 44 s 33; 2019 No. 30 s 163

33Death of candidate

If a person nominated as a candidate in an election dies before noon on the nomination day—

(a)the nomination is of no effect; and

(b)the person’s deposit must be refunded to—

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

(ii)otherwise—the person’s personal representative.

34Procedure if number of candidates not more than number required

(1)If the number of candidates properly nominated for an election is only equal to the number required to be elected—

(a)the nominees are taken to have been elected; and

(b)the returning officer must, as soon as practicable after the nomination day, publish a notice, in the approved form, that the nominees are taken to have been elected—

(i)on the electoral commission’s website; and

(ii)in other ways the returning officer considers appropriate.

(2)If—

(a)no-one is nominated as a candidate in an election; or

(b)the number of candidates nominated is less than the number required to be elected;

the proceedings for the election must start again.

(3)However, if proceedings for the election have previously started again under subsection (2), the Governor in Council may, by gazette notice, appoint as councillors of the local government, the number of persons necessary to constitute fully the local government.

(4)Each person appointed under subsection (3) must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held.

(5)Persons appointed under subsection (3) are taken to have been properly elected as councillors of the local government for which they are appointed.

(6)If proceedings for an election are started again under subsection (2)—

(a)the deposits of the candidates must be refunded to the persons who paid the deposits; and

(b)the electoral commission must, by gazette notice, fix a new polling day for the election.

s 34 amd 2012 No. 33 s 181; 2014 No. 44 s 113 sch 1; 2023 No. 30 s 112

35Procedure if number of candidates exceeds number required

(1)If the number of candidates properly nominated for an election exceeds the number required to be elected, a poll must be conducted under this part.

(2)The returning officer must give public notice that a poll will be conducted.

(3)The notice must—

(a)be in the approved form; and

(b)state—

(i)the day the poll will be conducted; and

(ii)the names of all candidates properly nominated for election in the order decided under section 57; and

(iii)the location of all ordinary polling booths to be used for taking the ballot in the poll; and

(iv)that the ordinary voting hours are from 8a.m. to 6p.m; and

(c)be published on the electoral commission’s website, and in other ways the returning officer considers appropriate.

(4)Publication of the notice under subsection (3)(c) must—

(a)start as soon as practicable after noon on the nomination day; and

(b)continue until the close of the poll.

s 35 amd 2019 No. 30 s 164

36Procedure on death of candidate when poll to be conducted

(1)If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day for an election—

(a)for a candidate for mayor—the proceedings for the election of the mayor must start again; and

(b)for a candidate for councillor (other than mayor) if the local government’s area is undivided—the proceedings for the election of the councillors must start again; and

(c)for a candidate for councillor (other than mayor) for a division of a local government’s area—the proceedings for the election of councillors for the division must start again.

(2)Also, the Minister may, by gazette notice, direct that—

(a)if subsection (1)(a) applies—all proceedings for the election of councillors of the local government start again; or

(b)if subsection (1)(b) applies—proceedings for holding an election of the mayor of the local government start again; or

(c)if subsection (1)(c) applies—

(i)proceedings for holding an election of the mayor of the local government start again; and

(ii)proceedings for the election of councillors for the other divisions of the local government start again.

(3)The deceased candidate’s deposit must be refunded to—

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

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

(4)The deposits of other candidates must be refunded to the persons who paid the deposits.

(5)If proceedings for an election are started again, the electoral commission must, by gazette notice, fix a new polling day for the election.

s 36 amd 2012 No. 33 s 182

37If successful candidate dies

If a candidate who is successful at an election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate.

Note—

The effect of this section would be that a new vacancy exists in the office of the councillor.

38Changing nomination day or polling day

(1)This section applies if a returning officer publishes—

(a)notice of a nomination day under section 25; or

(b)notice of the day a poll will be conducted under section 35.

(2)The electoral commission may, by gazette notice, fix a later day as the nomination day or polling day if the conduct of the election is likely to be affected by—

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

(b)a riot or open violence; or

(c)another exceptional circumstance.

(3)If the electoral commission fixes a later day under subsection (2)—

(a)the later day must be—

(i)for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1)(a); or

(ii)for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35; and

(b)the returning officer—

(i)may give any necessary directions to candidates, and to electors, about the procedures to be followed; and

(ii)must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate.

s 38 amd 2019 No. 30 s 165

39Deposit to accompany nomination

(1)At the same time as a nomination is given to the returning officer under section 27, the nominee, or another person on behalf of the nominee, must deposit $250 with the returning officer.

(2)The deposit must be paid—

(a)in cash; or

(b)by a cheque drawn by a financial institution; or

(c)by electronic funds transfer.

s 39 amd 2014 No. 44 s 34

40Disposal of deposits generally

(1)As soon as practicable after the conclusion of an election, each candidate’s deposit must be refunded to the person who paid the deposit if—

(a)the candidate is elected; or

(b)if the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or

(c)if the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election.

(2)If a deposit is to be refunded to a person, it may be refunded to someone else with the written authority of the person.

(3)All other candidates’ deposits become the property of the State when the outcome of the election is decided unless section 30, 33 or 36 applies.

s 40 amd 2014 No. 44 s 35

pt 4 div 2 sdiv 3 hdg amd 2019 No. 30 s 203

sub 2023 No. 8 s 16

41Purpose of subdivision

The purpose of this subdivision is—

(a)to allow candidates to engage in group campaign activities for a particular election by being members of a group of candidates for that election; and

(b)to treat the group, for certain purposes, as if it were a person.

s 41 amd 2014 No. 44 s 36; 2019 No. 30 s 205

sub 2023 No. 8 s 16

42Creation of group of candidates

(1)If 2 or more candidates in an election propose to engage in group campaign activities for the election, the candidates may—

(a)form a group for the purposes of this Act for the election; and

(b)give the electoral commission written notice of the membership of the group.

(2)As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5)(d) and (e) has been deleted—

(a)on the electoral commission’s website; and

(b)in other ways the electoral commission considers appropriate.

(3)The group becomes a group of candidates for the election when the electoral commission publishes the notice on the electoral commission’s website under subsection (2).

Note—

See also sections 43(3) and 43A(3).

(4)The notice may only be given during the period that—

(a)starts—

(i)if the most recent election in relation to the local government’s area was a quadrennial election—30 days after the polling day for the quadrennial election; or

(ii)otherwise—the day after the polling day for the most recent election in relation to the local government’s area; and

(b)ends immediately before the polling day for the election.

(5)The notice must—

(a)be in the approved form; and

(b)state the name of the proposed group of candidates; and

(c)state the name of each candidate who will be a member of the group of candidates; and

(d)be signed by each candidate who will be a member of the group of candidates; and

(e)include information about the account with a financial institution the proposed group of candidates intends to use as its account for section 127; and

(f)be accompanied by written notice under section 116C(1)(c) of the appointment of a person as the agent of the proposed group of candidates.

s 42 amd 2019 No. 30 s 206

sub 2023 No. 8 s 16

43Changing membership of group of candidates

(1)A group of candidates for an election may—

(a)change the membership of the group at any time before the polling day for the election; and

(b)by its agent, give the electoral commission written notice of the proposed change to the membership of the group.

(2)As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5)(f) has been deleted—

(a)on the electoral commission’s website; and

(b)in other ways the electoral commission considers appropriate.

(3)Despite section 42(3), when the electoral commission publishes the notice on the electoral commission’s website under subsection (2)—

(a)the change to the membership of the group of candidates takes effect; and

(b)the group is taken to be comprised of the candidates in accordance with the change to the membership of the group as stated in the notice.

(4)The change to the membership of the group of candidates must not result in only 1 candidate being a member of the group.

(5)The notice must—

(a)be in the approved form; and

(b)state the name of the group of candidates and, if the name is proposed to change, the proposed name; and

(c)state the name of each candidate who is a member of the group when the notice is given; and

(d)if a candidate proposes to become a member of the group—state the name of each candidate who proposes to become a member; and

(e)if a candidate proposes to no longer be a member of the group—state the name of each candidate who proposes to no longer be a member; and

(f)be signed by each candidate mentioned in paragraphs (c) and (d).

s 43 amd 2019 No. 30 s 207; 2020 No. 20 s 127

sub 2023 No. 8 s 16

43AWinding up group of candidates

(1)The members of a group of candidates for an election may—

(a)wind up the group at any time before the polling day for the election; and

(b)by its agent, give the electoral commission written notice of the proposed winding up.

(2)As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (4)(d) has been deleted—

(a)on the electoral commission’s website; and

(b)in other ways the electoral commission considers appropriate.

(3)Despite sections 42(3) and 43(3), when the electoral commission publishes the notice on the electoral commission’s website under subsection (2), the group of candidates stops being a group of candidates for the election.

(4)The notice must—

(a)be in the approved form; and

(b)state the name of the group of candidates; and

(c)state the name of each candidate who is a member of the group when the notice is given; and

(d)be signed by each candidate mentioned in paragraph (c).

s 43A ins 2023 No. 8 s 16

43BRequirements for membership of group of candidates

(1)A candidate in an election may be a member of a group of candidates only if—

(a)for a quadrennial election for a local government—each other candidate who is a member of the group is a candidate in the quadrennial election for the same local government; and

(b)the candidate is not a member of another group of candidates for the election; and

(c)the candidate is not endorsed, within the meaning of section 109G, by a registered political party for the election.

(2)Also, only 1 member of a group of candidates may be a candidate for election as mayor of a local government.

(3)This section applies despite sections 42 and 43.

s 43B ins 2023 No. 8 s 16

43CApplication of Act to groups of candidates

(1)Part 6 and part 9, division 5 apply in relation to a group of candidates as if it were a person.

(2)An obligation or liability that, apart from this subsection, would be imposed under part 6 or part 9, division 5 on a group of candidates, is imposed on each member of the group, but may be discharged by any of the members of the group.

(3)An amount that, apart from this subsection, would be payable under part 6 or part 9, division 5 by a group of candidates is jointly and severally payable by the members of the group.

(4)An offence against a provision of part 6 or part 9, division 5 that, apart from this subsection, would be committed by a group of candidates is taken to have been committed by each member of the group who—

(a)authorised or permitted the conduct that would have constituted the offence; or

(b)was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.

Maximum penalty—the penalty for a contravention of the provision by an individual.

(5)This section does not affect the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is a member of a group of candidates, for an offence against part 6 or part 9, division 5.

(6)A reference in part 6 to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—

(a)on behalf of a group of candidates; and

(b)under the group’s actual or apparent authority.

(7)Also, a reference in part 6 to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of a group of candidates.

s 43C ins 2023 No. 8 s 16

43DValidation of ballot paper

(1)This section applies if a notice in relation to a group of candidates for an election is given to the electoral commission under section 42, 43 or 43A after noon on the nomination day for the election.

(2)A ballot paper is taken to comply with section 55 whether or not the name of the group of candidates is printed adjacent to a candidate’s name on the ballot paper.

s 43D ins 2023 No. 8 s 16

43EApplication of return provisions—candidate stops being member of group of candidates

(1)This section applies if—

(a)a candidate stops being a member of a group of candidates, for an election, because a change to the membership of the group takes effect under section 43(3); and

(b)the group has not been wound up under section 43A.

(2)Sections 118(4) and (7), 120(6), (8) and (9) and 125 apply in relation to the group of candidates as if—

(a)a reference in section 118(4) to a member of a group of candidates receiving a gift, or not receiving any gifts, included a reference to the candidate mentioned in subsection (1)(a) receiving a gift, or not receiving any gifts, when the candidate was a member of the group; and

(b)a reference in section 118(7) or 120(8) or (9) to a member of a group of candidates included a reference to the candidate mentioned in subsection (1)(a); and

(c)a reference in section 120(6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to the candidate mentioned in subsection (1)(a) receiving a loan, or not receiving any loans, when the candidate was a member of the group; and

(d)a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates included a reference to electoral expenditure incurred, or not incurred, by the candidate mentioned in subsection (1)(a) when the candidate was a member of the group.

s 43E ins 2023 No. 8 s 16

43FApplication of return provisions—group of candidates that has been wound up

(1)This section applies if a group of candidates for an election is wound up under section 43A (a former group).

(2)Sections 118(4) and (7), 120(6), (8) and (9) and 125 apply in relation to the former group as if—

(a)a reference in the sections to a group of candidates were a reference to the former group; and

(b)a reference in the sections to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up; and

(c)a reference in section 118(4) to a member of a group of candidates receiving a gift, or not receiving any gifts, were a reference to a candidate who was a member of the former group receiving a gift, or not receiving any gifts, when the candidate was a member of the former group; and

(d)a reference in section 118(7) or 120(8) or (9) to a member of a group of candidates were a reference to a candidate who was a member of the former group at any time before the former group was wound up; and

(e)a reference in section 120(6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to a candidate who was a member of the former group receiving a loan, or not receiving any loans, when the candidate was a member of the former group; and

(f)a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates were a reference to electoral expenditure incurred, or not incurred—

(i)by the former group; or

(ii)by a candidate who was a member of the former group when the candidate was a member of the former group; and

(g)a reference in section 125 to the dedicated account of a group of candidates were a reference to the account that was the dedicated account of the former group before the group was wound up.

(3)Also, section 127(5) to (8) applies in relation to the former group as if—

(a)a reference in the provision to a group of candidates were a reference to the former group; and

(b)a reference in the provision to a member of a group of candidates were a reference to a candidate who was a member of the former group immediately before it was wound up; and

(c)a reference in the provision to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up.

s 43F ins 2023 No. 8 s 16

44Poll by ballot

A poll must be conducted by ballot taken under this part.

45AA Application for direction that poll be conducted by postal ballot

(1)A local government may apply to the Minister for a poll to be conducted by postal ballot in—

(a)for an election for all of the local government’s area—all of the local government’s area or a part or division of the local government’s area; or

(b)for an election for a division of the local government’s area—the division or a part of the division.

(2)The application must be made—

(a)for a poll for a quadrennial election—before 1 May in the year preceding the quadrennial election or a later day approved by the Minister; or

(b)for a poll for a by-election—before the day for holding the by-election is fixed by the returning officer under section 24.

s 45AA ins 2019 No. 30 s 166

45AB Referral of application to electoral commissioner for recommendation

(1)The Minister must refer an application made under section 45AA to the electoral commissioner for the commissioner’s recommendation about whether the application should be approved.

(2)The electoral commissioner must—

(a)consider the application; and

(b)give the Minister a written recommendation about whether the application should be approved and the reasons for the recommendation.

(3)Before making the recommendation, the electoral commissioner may ask the local government for further information the electoral commissioner reasonably requires to make the recommendation.

(4)In making the recommendation, the electoral commissioner must have regard to the following matters—

(a)the reasons, stated in the application, why the poll should be conducted by postal ballot;

(b)the costs of conducting the poll by postal ballot compared to the costs of conducting the poll using polling booths;

(c)the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the area to which the application relates;

(d)the population density and distribution in the area to which the application relates;

(e)whether a poll has previously been conducted by postal ballot in the area to which the application relates.

s 45AB ins 2019 No. 30 s 166

45Direction that poll be conducted by postal ballot

(1)After receiving the electoral commissioner’s recommendation about an application under section 45AB, the Minister must consider the application and decide to approve or not to approve the application.

(2)In deciding whether to approve the application, the Minister must have regard to—

(a)the electoral commissioner’s recommendation and the reasons for the recommendation; and

(b)the matters mentioned in section 45AB(4).

(3)The approval may be given for—

(a)all the local government’s area; or

(b)1 or more divisions of its area; or

(c)a part of its area marked on a map.

(4)If the approval is given for a part of a local government’s area, the local government must—

(a)ensure that the public may inspect the relevant map—

(i)at the local government’s public office; and

(ii)on the local government’s website; and

(b)publish details of the approval on the local government’s website, and in other ways the local government considers appropriate.

s 45 amd 2014 No. 44 s 37

sub 2019 No. 30 s 166

amd 2023 No. 30 s 113

45ADecisions under this subdivision are not subject to appeal

A decision of the Minister or the electoral commissioner under this subdivision is not subject to appeal.

Note—

See the Judicial Review Act 1991, section 6 in relation to the making of a recommendation for the purposes of that Act. See also section 158.

s 45A ins 2019 No. 30 s 166

46Kinds of polling booths

(1)There are 3 kinds of polling booths—

(a)ordinary polling booths; and

(b)mobile polling booths; and

(c)pre-polling booths.

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

(3)A mobile polling booth is—

(a)all or part of an institution made available as a mobile polling booth under section 49(1); or

(b)all or part of a place made available as a mobile polling booth under section 49(2).

(4)A pre-polling booth means a place arranged under section 50 as a polling booth for electors to cast a pre-poll vote.

s 46 amd 2014 No. 44 s 38

47Polling booths—general

(1)The returning officer for an election—

(a)may arrange for a polling booth within or outside the local government area, or division of the local government area, to be used for the election; and

(b)may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and

(c)must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers.

(2)A place on or from which liquor may lawfully be sold can not be used as a polling booth.

(3)However, a civic or cultural centre, community hall or similar place under a local government’s control, may be used as a polling booth if—

(a)the floor area for taking the ballot is designated in the polling notice; and

(b)the local government ensures that no liquor will be sold or supplied in that area during the taking of the ballot.

(4)The returning officer may arrange for all polling booths, or only particular polling booths, for an election to be used for any other election conducted at the same time for the one local government area.

48Provision of ordinary polling booths

(1)For taking a ballot in an election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote.

(2)The returning officer may—

(a)less than 3 days before polling day, arrange for an ordinary polling booth to be used; or

(b)less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth;

only if it is necessary because of circumstances beyond the returning officer’s control.

(3)If, after publication of the polling notice, the returning officer arranges for the use of an ordinary polling booth, the officer must also publish notice—

(a)of the location of the booth; and

(b)that the ordinary voting hours of the booth are from 8a.m. to 6p.m.

(4)If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must also publish notice of the cancellation.

(5)The notice under subsection (3) or (4) is to be given in the way the returning officer considers is the best way to inform electors generally.

49Declaration of mobile polling booths

(1)If the returning officer is satisfied patients or residents of an institution should be able to vote at the institution in a poll, the returning officer may arrange for all or part of the institution to be available as a mobile polling booth to enable the patients or residents to vote there in the poll.

(2)If the returning officer is satisfied a part of the local government area or division of the local government area does not have enough electors to justify the use of an ordinary polling booth, the returning officer may arrange for any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll.

(3)If the returning officer acts under subsection (1) or (2), the officer must—

(a)fix the times, during the period starting 11 days before the polling day and ending at 6p.m. on the polling day, when the mobile polling booth may be used for voting; and

(b)publish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate—

(i)declaring all or part of the institution or the place as a mobile polling booth for the election; and

(ii)stating the times at which votes may be cast at the booth.

(4)If the returning officer arranges a place to be available as a mobile polling booth under subsection (2), the returning officer may change the arrangements made for the mobile polling booth under subsection (3) at any time.

(5)If the arrangements are changed under subsection (4), the returning officer must take the steps that are practical and appropriate to give public notice of the changed arrangements.

(6)The returning officer must give written notice to candidates of the declaration of the mobile polling booth, the times at which votes may be cast at the booth, and any change to the arrangements under subsection (4).

(7)On the declaration of a mobile polling booth, the patients or residents of the institution who are electors, or electors resident in the part of the local government area in which the mobile polling booth is situated, may vote at the booth during—

(a)the times stated for the booth in the notice published under subsection (3)(b); or

(b)if the times have been changed under subsection (4)—the changed times.

s 49 amd 2014 No. 44 s 39; 2019 No. 30 s 167

50Declaration of pre-polling booths

(1)The returning officer may arrange a place as a polling booth for an election to enable electors to cast a pre-poll vote.

(2)A polling booth mentioned in subsection (1) may be located anywhere within or outside the local government area, or division of the local government area, for which the election is to be held.

(3)However, the returning officer must ensure a pre-polling booth mentioned in subsection (1) is arranged at 1 of the following places—

(a)the public office, or a part of the public office, of the local government for which the election is to be held;

(b)another office used by the local government to receive rate payments;

(c)another convenient place in the local government’s area.

(4)Also, the returning officer must—

(a)fix the times, during the period starting 14 days before the polling day and ending at 6p.m. on the day immediately before polling day, when the polling booth may be used for voting; and

(b)publish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate—

(i)declaring the place as a polling booth for the election to enable electors to cast a pre-poll vote; and

(ii)stating the times at which votes may be cast at the booth.

(5)The returning officer must give written notice to candidates of the declaration of the polling booth and the times at which votes may be cast at the booth.

s 50 amd 2014 No. 44 s 40; 2019 No. 30 ss 168, 208

51Duty of person in charge of institution

(1)If the returning officer arranges for all or part of an institution to be used as an ordinary polling booth for an election, the person in charge of the institution must allow electors and issuing officers to have access to the booth whenever votes may be cast at the booth.

(2)If the returning officer declares all or part of an institution as a mobile polling booth for an election, the person in charge of the institution must allow patients or residents of the institution and issuing officers to have access to the booth whenever votes may be cast at the booth.

s 51 amd 2014 No. 44 s 41

52Privacy for electors casting votes at polling booths

The returning officer must ensure that each polling booth for an election is provided with enough voting compartments, or other suitable facilities, to allow the casting of votes in private.

52A Suspension of poll

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

(a)a serious threat that a riot or open violence will happen; or

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

(c)another emergency.

(2)The returning officer, or the presiding officer for the polling booth, must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to cast 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 or the presiding officer for the polling booth 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 the polling day; or

(b)the returning officer or presiding 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 cast a vote at another polling booth.

s 52A ins 2019 No. 30 s 169

53Adjournment of poll

(1)The returning officer, or the presiding officer for a polling booth, may adjourn the poll at the polling booth to another day if 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 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 a similar happening;

(b)a riot or open violence;

(c)a serious threat that a riot or open violence will happen;

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

(e)another emergency.

(3)If a poll is adjourned under subsection (1) or section 52A(3), the returning officer must fix a day (no later than 34 days after the day on which the poll is adjourned) for taking, or resuming, the adjourned poll.

(4)The returning officer must publish notice of the day fixed for taking, or resuming, the adjourned poll on the electoral commission’s website, and in other ways the returning officer 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 otherwise voted in the election, are entitled to vote.

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

s 53 sub 2019 No. 30 s 170

54Ballot boxes generally

(1)A ballot box used in a poll must—

(a)have an opening of a size adequate to allow folded ballot papers and declaration envelopes to be put in the box; and

(b)be under the scrutiny and effective control of an issuing officer.

(2)Issuing officers, candidates and scrutineers for the poll, may inspect a ballot box before the box is locked or sealed for receipt of ballot papers.

55Ballot papers

(1AA)The electoral commission must ensure a sufficient number of ballot papers complying with subsection (1) are printed and available to the returning officer for distribution under section 58.

(1)A ballot paper, other than a completed ballot paper printed for an electronically assisted vote, must—

(a)be of material that, when folded, the vote recorded on it is effectively concealed; and

(b)for a ballot paper other than a ballot paper reproduced under section 58A—be attached to a butt that—

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

(ii)is perforated to allow the ballot paper to be easily detached from the butt; and

(iii)states the local government area, or division of the local government area, for which the poll is conducted; and

(c)show the name of each candidate as required by subsection (2); and

(d)if the names of 2 or more candidates are so similar as to be likely to cause confusion to electors—contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and

(e)if a candidate endorsed by a political party was nominated under section 27(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 party’s abbreviated name; or

(ii)otherwise—the party’s full name included in the register; and

(f)if a candidate is a member of a group of candidates—contain, printed adjacent to the candidate’s name, the name of the group.

(2)The name of a candidate must be shown on a ballot paper to which subsection (1) applies—

(a)only once by showing first the surname followed by the given name or names of the candidate; and

(b)in the order decided under section 57.

(2A)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 local government area, or division of the local government area, for which the vote is cast.

(3)A ballot paper must not contain the name of anyone who is not a candidate.

s 55 amd 2014 No. 44 s 42; 2019 No. 30 s 171

56Ballot papers for separate polls

(1)This section applies if a poll for election of mayor of a local government is to be conducted when a poll for election of another councillor of the local government is conducted.

(2)The returning officer may decide to use separate ballot papers or combined ballot papers for the poll.

s 56 amd 2014 No. 44 s 43; 2015 No. 6 s 10

57Order of candidates’ names on ballot papers

(1)The order the names of candidates in an election are to be listed on ballot papers and polling notices is to be decided under this section.

(2)The order must be decided by the returning officer as soon as practicable after noon on the nomination day.

(3)The returning officer must, in the presence of 2 witnesses—

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

(b)ensure that each piece of paper is of 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 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)put all the envelopes in a container and shuffle them; and

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

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

(4)The order in which the names are noted is the order in which the names are to appear on the ballot paper and polling notice.

(5)The returning officer must allow any candidate, or the representative of a candidate, to be present when the order of candidates’ names is decided.

58Distribution of ballot papers and voters roll

(1)The returning officer must ensure an adequate number of the following are available at polling booths for an election—

(a)ballot papers;

(b)certified copies of the voters roll for each electoral district (as at the cut-off day for the voters rolls).

(1AA)Without limiting subsection (1)(a), a ballot paper is available at a polling booth if a ballot paper can be reproduced at the polling booth under section 58A.

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

(a)a certified copy of the voters roll can be accessed from the polling booth; and

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

(3)The returning officer must prepare a delivery note, in the approved form, in triplicate for each parcel of ballot papers supplied by the returning officer to presiding officers at polling booths.

(4)The approved form must—

(a)show details of the number of ballot papers supplied; and

(b)show the range of numbers of the ballot papers; and

(c)include a form of acknowledgement of receipt of the ballot papers.

(5)Two copies of the delivery note must be included in the parcel of ballot papers.

(6)As soon as practicable after a presiding officer receives a parcel of ballot papers, the officer must—

(a)check the contents against the details shown in the delivery note; and

(b)complete the particulars prescribed by the delivery note; and

(c)sign the form of acknowledgement included in the delivery note.

(7)If there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by—

(a)if an issuing officer is available—the issuing officer; or

(b)if an issuing officer is not available—a responsible person.

(8)A discrepancy confirmed by a countercheck must be noted in the form of acknowledgement and the form must be signed by the presiding officer and person who made the countercheck.

(9)The presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 92.

s 58 amd 2014 No. 44 s 44; 2019 No. 30 s 172

58A Ballot papers may be reproduced if required

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

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

(3)Section 55(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 election the officer reproduces under this section.

s 58A ins 2019 No. 30 s 173

59Scrutineers

(1)Each candidate for an election may, by notice given to the returning officer for the election in the approved form, appoint 1 or more adults as scrutineers for the candidate.

(2)Scrutineers are entitled to be present in each polling booth at times when electors are allowed to vote at the booth.

(3)Scrutineers are also entitled to be present—

(a)beforehand at each polling booth to—

(i)inspect ballot boxes; and

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

(b)afterwards at each polling booth and other places 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)For subsections (2) and (3), the number of scrutineers each candidate is entitled to have at a polling booth or other place is 1 scrutineer for each issuing officer present at the booth or place.

(5)A scrutineer may—

(a)object to an issuing officer’s decision on a person’s entitlement to vote at the election; and

(b)object to the acceptance or rejection of a ballot paper by the returning officer or a presiding officer; and

(c)record the identification details given to an issuing officer at a polling booth by a person who votes at the election at the polling booth; and

(d)remove from the polling booth the scrutineer’s record of identification details mentioned in paragraph (c); and

(e)do anything else permitted by this Act.

Note—

A scrutineer may record the name and address, as given to an issuing officer, of a person voting at an election but may not record details of how the person voted at the election. See section 192(3).

(6)A scrutineer must carry adequate identification to show that the person is a scrutineer.

s 59 sub 2014 No. 44 s 45

amd 2014 No. 44 s 46

63Correction of errors, omissions or delays

If there is an error, omission or delay in or relating to the preparation, issue, sending or return of any voters roll, ballot paper or other document relevant to the conduct of an election, it may be corrected by a gazette notice by the electoral commission setting out what is to be done.

64Who may vote

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

(a)persons enrolled on the voters roll for—

(i)for an election for all the local government’s area—the area; or

(ii)for an election for a division of the local government’s area—the division;

(b)persons whose names are not on the voters roll for the area or division because of official error;

(c)persons who—

(i)are not on the voters roll for the area or division but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for the electoral district under that Act in which the area or division is situated; and

(ii)after the cut-off day for the poll and no later than 6p.m. on the day before the polling day, give the electoral commission a notice under the Electoral Act 1992, section 65.

(2)A person is not entitled to vote—

(a)more than once at the same election; or

(b)at 2 or more divisions of the same local government area.

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

s 64 amd 2014 No. 44 s 47; 2019 No. 30 s 174

65System of voting

(1)The system of voting at an election, other than an election of a mayor of a local government, is—

(a)for a local government area divided into single-member divisions—optional-preferential voting; and

(b)in any other case—first-past-the-post voting.

(2)The system of voting at an election of a mayor of a local government is optional-preferential voting.

s 65 amd 2014 No. 44 s 48

66Compulsory voting

Voting at an election is compulsory for electors.

67Ways in which to cast votes

(1)In an election, other than a postal ballot election, an elector may—

(a)cast their vote at an ordinary or mobile polling booth on polling day (an ordinary vote); or

(b)cast their vote at a pre-polling booth before polling day (a pre-poll vote); or

(c)cast their vote using posted voting papers (a postal vote); or

(d)cast an electronically assisted vote.

(2)In a postal ballot election, an elector must cast a postal vote.

s 67 amd 2014 No. 44 s 49

68Who may cast votes in particular ways

(1)Any elector may cast an ordinary vote in an election, other than a postal ballot election.

(2)Any elector may cast a pre-poll vote in an election, other than a postal ballot election.

(3)Any elector may cast an absentee vote in an election, other than a postal ballot election, if the local government is divided into divisions.

(4)The following electors may cast a postal vote in an election, other than a postal ballot election—

(a)any elector who wishes to cast a postal vote before the polling day for an election;

(b)a special postal voter under subsection (5A).

(5)All electors must cast a postal vote in a postal ballot election.

(5A)For subsection (4)(b), an elector is a special postal voter if—

(a)the elector’s name is included in the register of special postal voters kept under section 21A because of a written application that satisfies the electoral commission that—

(i)the elector’s address, as shown on the voters roll at the time the application is made, 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 1918 (Cwlth), section 184A(2)(d) to (k); or

(b)the elector is a silent elector.

(5B)Subject to section 75D, if a procedure about how an elector may cast an electronically assisted vote has been made under section 75A, an elector may cast 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 electors prescribed under a regulation for this section.

Examples of a class of electors—

•electors whose addresses shown on the voters roll are more than 20km by the nearest practical route from a polling booth

•electors who will not, throughout ordinary voting hours on polling day, be within Queensland

(6)In this section—

absentee vote means a vote cast by an elector at a polling booth in any division of a local government area other than the division of the local government area for which the elector is enrolled on the voters roll.

s 68 amd 2014 No. 44 s 50; 2019 No. 30 s 210

69Who must complete a declaration envelope

(1)An elector must complete a declaration envelope for an election if—

(a)the elector is casting a postal vote; or

(b)the elector’s name is not on the voters roll apparently because of an official error; or

(c)the elector appears, from a record apparently made in error, to have already voted in the election; or

(d)the elector is serving a sentence of imprisonment on the cut-off day for the voters roll but is not serving a sentence of imprisonment on the polling day for the election; or

(e)the elector is serving a sentence of imprisonment, or is otherwise lawfully detained, on the polling day for the election; or

(f)the elector is a silent elector; or

(g)the elector, who attends a polling booth on the polling day, is not able to make an ordinary vote at the polling booth for a reason beyond the elector’s control.

Example of a reason beyond an elector’s control—

an electronic copy of the voters 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 voters roll for the election

(2)Also, an elector must complete a declaration envelope for an election if an issuing officer suspects, on reasonable grounds, the elector is not entitled to vote at the election.

s 69 amd 2014 No. 44 s 51; 2015 No. 2 s 39; 2019 No. 30 ss 175, 211

70Casting an ordinary vote or pre-poll vote

(1)To cast an ordinary vote or pre-poll vote in an election, an elector must follow, in order, each of subsections (2) to (7) that applies to the elector.

(2)The elector must—

(a)to cast an ordinary vote—attend a polling booth in the local government area during voting hours for the booth; or

(b)to cast a pre-poll vote—attend a pre-polling booth in the local government area during voting hours for the booth.

(3)At the polling booth or pre-polling booth, the elector must give an issuing officer at the booth the elector’s full name and address.

(4)The elector may be asked questions by the issuing officer in order for the issuing officer to decide the following—

(a)whether the elector is entitled to vote at the election;

(b)whether the elector must complete a declaration envelope.

(6)If the elector must complete a declaration envelope when casting their vote, the elector must sign the appropriate declaration on the declaration envelope before an issuing officer and have the officer sign the envelope as witness.

(7)On being given the ballot paper and declaration envelope (if any), the elector must, without delay—

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

(b)there, in private, record a vote on the ballot paper; and

(c)fold the ballot paper, concealing the vote, and—

(i)if the elector completed a declaration envelope—put the folded ballot paper in the envelope, seal the envelope and put the sealed envelope in the appropriate ballot box at the polling booth; or

(ii)otherwise—put the folded ballot paper in the appropriate ballot box at the polling booth; and

(d)leave the polling booth.

s 70 amd 2014 No. 44 s 52; 2015 No. 2 s 40

72Casting a postal vote by elector other than special postal voter

(1)To cast a postal vote in an election, an elector must follow, in order, each of subsections (2) to (5) that applies to the elector.

(2)The elector must apply to the returning officer for a declaration envelope and a ballot paper with which to cast a postal vote if—

(a)the election is not a postal ballot election; or

Note—

See section 79 for the relevant application.

(b)the election is a postal ballot election and the elector has not been given a ballot paper or declaration envelope.

Note—

See section 81 for the relevant application.

(3)After being given a ballot paper and a declaration envelope, the elector must, before 6p.m. on polling day—

(a)record a vote on the ballot paper; and

(b)fold the ballot paper, put it in the declaration envelope and seal the envelope.

(4)The elector must sign the declaration on the declaration envelope in the presence of an adult, and have the adult sign the envelope as witness.

Note—

For the duty of a witness in signing declaration envelopes, see section 194.

(5)The elector must put the sealed declaration envelope in the reply paid post envelope that accompanied the declaration envelope and post or give the envelope to the returning officer.

Note—

The ballot paper must be received by the returning officer no later than 10 days after the polling day. See section 86(4) or 87(4).

(6)If the elector is unable to apply under subsection (2) without help, another person may help the elector apply.

(7)This section does not apply to a special postal voter.

Note—

Ballots are distributed to special postal voters under section 82.

s 72 amd 2014 No. 44 s 54

73Voting hours for polling booths

(1)The voting hours for an ordinary polling booth are between 8a.m. and 6p.m. on polling day.

(2)The voting hours for a mobile polling booth are the times fixed for the booth by the returning officer.

(3)The voting hours for a pre-polling booth are the times, during the pre-polling period, notified by the returning officer under section 50(4).

(4)If an elector is in a polling booth at the time of close of voting for the booth and for the purpose of casting a vote, the elector must be allowed to vote.

(5)In this section—

pre-polling period, for an election, means the period—

(a)starting no earlier than—

(i)14 days before polling day; or

(ii)the longer period that the returning officer fixes and publishes on the electoral commission’s website, and in other ways the returning officer considers appropriate; and

(b)ending no later than the day before polling day.

s 73 amd 2014 No. 44 s 55; 2019 No. 30 ss 176, 212

74Particular responsibilities of returning officer when electors cast postal votes

(1)This section applies if the returning officer for an election receives a sealed envelope under section 72(5).

(2)The returning officer must put the sealed envelope in the appropriate ballot box.

75Particular responsibilities of issuing officers when electors cast ordinary or pre-poll votes

(1)This section applies if an elector attends a polling booth, during voting hours for the booth, to cast an ordinary or pre-poll vote in an election.

(2)An issuing officer at the polling booth must give the elector a ballot paper if—

(a)the elector gives the issuing officer the elector’s full name and address; and

(b)the issuing officer is satisfied the elector is entitled to vote at the election.

(3)The issuing officer may ask the elector questions to decide the following—

(a)whether the elector is entitled to vote at the election;

(b)whether the elector must complete a declaration envelope.

(4)Subsection (5) applies if, because of the elector’s answers to the questions under subsection (3)—

(a)the issuing officer suspects, on reasonable grounds, the elector is not entitled to vote at the election; or

(b)the issuing officer is satisfied the elector must complete a declaration envelope.

(5)The issuing officer must—

(a)inform the elector that the elector must complete a declaration envelope; and

(b)give the elector the declaration envelope to complete.

(6)An issuing officer must—

(a)keep a record of the ballot papers and declaration envelopes given to electors under this section; and

(b)sign the record.

s 75 amd 2014 No. 44 s 56; 2015 No. 2 s 41

pt 4 div 5 sdiv 2A hdg ins 2014 No. 44 s 57

75APrescribed procedures for electronically assisted voting

(1)The electoral commission may make procedures about how an elector may cast an electronically assisted vote for an election.

(2)The procedures must provide for the following—

(a)the registration of electors who may cast an electronically assisted vote for an election under section 68(5B);

(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 electoral 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.

(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 electoral commission’s website.

s 75A ins 2014 No. 44 s 57

75BAudit of electronically assisted voting for an election

(1)The electoral commission must appoint an independent person to audit the information technology used for an election under the procedures for electronically assisted voting made under section 75A.

(2)The audit must be conducted—

(a)at least 7 days before the nomination day for the election; and

(b)within 60 days after the polling day for the election.

(3)A person appointed under subsection (1) must be an individual who is not, and has not ever been, a member of a political party.

(4)The person appointed to conduct the audit may make recommendations to the electoral commission to reduce or eliminate risks that could affect the security, accuracy or secrecy of electronically assisted voting.

(5)A regulation may prescribe requirements about the conduct of an audit under this section.

s 75B ins 2014 No. 44 s 57

75CProtection 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 disclosure is authorised under—

(a)the procedures approved under section 75A(3); or

(b)an agreement entered into by the person with the electoral commissioner.

Maximum penalty—40 penalty units or 6 months imprisonment.

(2)A person must not, without reasonable excuse, destroy or interfere with computer software, a data file or electronic device used for or in connection with electronically assisted voting.

Maximum penalty—100 penalty units or 2 years imprisonment.

s 75C ins 2014 No. 44 s 57

75DElectoral commissioner may decide electronically assisted voting is not to be used

(1)The electoral 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 electoral commissioner’s decision must be in writing and published on the electoral commission’s website.

s 75D ins 2014 No. 44 s 57

75EReview of electronically assisted voting

(1)On the request of the Minister following an election, the electoral commissioner must conduct—

(a)a review of the use of electronically assisted voting for the election; and

(b)an investigation into extending the use of electronically assisted voting to other electors for future 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 75E ins 2014 No. 44 s 57

pt 4 div 5 sdiv 3 hdg amd 2014 No. 44 s 113 sch 1

76Arrangements for electors at hospitals etc.

(1)If a polling booth is a hospital or part of a hospital, an issuing officer may visit patients and residents in the hospital to enable them to vote.

(2)The electoral commission may direct that declaration envelopes be completed by electors voting under this section if, in the opinion of the electoral commission, the size of the voters roll for an election would be impracticable to be used in a portable way.

(3)Before taking action under subsection (1), the issuing officer must inform the scrutineers present of the proposed action.

(4)When visiting patients and residents in a hospital who are electors, the issuing officer must—

(a)take to the elector—

(i)a ballot paper and, if directed by the electoral commission, a declaration envelope; and

(ii)a ballot box; and

(iii)anything else necessary to enable the elector to vote; and

(b)be accompanied by any scrutineer who wishes to accompany the issuing officer.

(5)The issuing officer must ensure that, as far as practicable—

(a)if the electoral commission has directed that declaration envelopes be completed—the elector completes the declaration envelope when casting their vote, including signing the appropriate declaration on the declaration envelope before the issuing officer and having the officer sign the envelope as witness; and

(b)the elector, in private, records a vote on the ballot paper and folds the ballot paper, concealing the vote; and

(c)the elector puts the folded ballot paper—

(i)if the electoral commission has directed that declaration envelopes be completed—in the declaration envelope, seals the envelope and puts the sealed envelope in the ballot box; or

(ii)otherwise—in the ballot box.

(6)In this section—

hospital includes any of the following—

(a)a convalescent home;

(b)a nursing home;

(c)a home for the aged;

(d)a hostel for the aged or infirm.

77Arrangements for electoral visitor voting

(1)Each of the following electors is entitled to be a visitor elector—

(a)an elector who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth;

(b)an elector who, because the elector is caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth.

(2)An elector who is entitled to be a visitor elector may apply to the returning officer to vote as a visitor elector.

(3)The application must be in the approved form.

(4)If the application is received no later than 7p.m. on the Wednesday before polling day, the returning officer must direct an issuing officer to visit the elector to enable the elector to vote.

(5)As soon as practicable after the returning officer has directed an issuing officer to visit electors, the returning officer must inform each candidate of—

(a)the place from which the issuing officer proposes to start making visits; and

(b)the time or times on the day or days when the issuing officer proposes to start making visits.

(6)The issuing officer must visit an elector at a reasonable hour before 6p.m. on polling day.

(7)When visiting an 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)be accompanied by any scrutineer who wishes to accompany the issuing officer.

(8)The issuing officer must ensure that, as far as practicable—

(a)the elector, in private, records a vote on the ballot paper and folds the ballot paper, concealing the vote; and

(b)the elector puts the folded ballot paper in the ballot box.

(9)If the elector is unable to apply under subsection (2) without help, another person may help the person apply.

s 77 amd 2014 No. 44 s 58

78Help for electors voting

(1)If an elector satisfies an issuing officer that the elector can not vote without help, the elector may be accompanied into an unoccupied voting compartment in a polling booth, be assisted in casting an electronically assisted vote or be otherwise helped, by someone chosen by the elector.

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

(a)if asked by the elector—stating the names of candidates;

(b)acting as interpreter;

(c)explaining the following—

(i)the ballot paper and the requirements of subdivision 5 about its marking;

(ii)for electronically assisted voting—any aspect of the procedure for casting an electronically assisted vote;

(d)marking or helping to mark the ballot paper, or helping to cast the electronically assisted vote, in the way the elector wishes;

(e)folding the ballot paper and putting it into a ballot box or a declaration envelope;

(f)sealing a declaration envelope or putting it into a ballot box.

(3)Subsections (1) and (2) apply to all types of voting.

(4)This section applies despite section 70(7)(a) and (b).

s 78 amd 2014 No. 44 s 59

79Applications to cast postal votes in local government elections that are not postal ballot elections

(1)An elector may apply to the returning officer to cast a postal vote in an election that is not a postal ballot election.

(2)The application—

(aa)may be made orally or in writing; and

(a)if the application is written—must be in the approved form; and

(b)must state the address to which the ballot paper and declaration envelope for the elector is to be sent; and

(c)may be given to the returning officer by any person; and

(d)must be received by the returning officer no later than 7p.m. on the day that is 12 days before the polling day.

Note—

The polling day for a quadrennial election is a Saturday—see section 23(2) and (3). The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.

(3)Subsection (4) applies if—

(a)the application complies with subsection (2); and

(b)the returning officer is satisfied the elector is entitled to cast a postal vote in the election.

(4)The returning officer must, as soon as practicable after receiving the application, give the elector—

(a)a ballot paper and a declaration envelope; and

(b)written instructions on how to cast a postal vote.

(5)The things given to an elector under subsection (4) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.

(6)However, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.

(7)The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under this section.

(8)If the returning officer receives an application after the time mentioned in subsection (2)(d), or is otherwise satisfied the elector is not entitled to cast a postal vote in the election, the returning officer must give the applicant a written notice that states the elector is not entitled to cast a postal vote in the election.

s 79 amd 2014 No. 44 s 60; 2015 No. 6 s 11; 2019 No. 30 s 177

80Distribution of ballot papers to electors for postal ballot elections

(1)For a postal ballot election, the returning officer must post the following things to each elector for the election as soon as practicable after the nomination day—

(a)a ballot paper;

(b)a declaration envelope;

(c)written instructions on how a vote may be cast.

(2)The things given to an elector under subsection (1) must—

(a)be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’; and

(b)be posted to the elector’s address stated in the voters roll or an electoral roll mentioned in the Electoral Act 1992, section 58(3).

(3)However, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.

(4)The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under this section.

s 80 amd 2014 No. 44 s 61; 2015 No. 6 s 12

81Applications to cast postal votes in postal ballot elections

(1)This section applies if a person believes they are entitled to vote in a postal ballot election but the person is not given a ballot paper and declaration envelope under section 80(1).

(2)The person may apply to the returning officer to cast a postal vote in the postal ballot election.

(2A)The application must be received by the returning officer for the election no later than 7p.m. on the day that is 12 days before the polling day.

Note—

The polling day for a quadrennial election is a Saturday—see section 23(2) and (3). The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.

(3)The application—

(a)may be made orally or in writing; and

(b)if the application is written—must be in the approved form; and

(c)must state the address to which the ballot paper and declaration envelope for the person is to be sent; and

(d)may be given to the returning officer by any person.

(4)Subsection (5) applies if—

(a)the application complies with subsection (3); and

(b)the returning officer is satisfied the person is an elector who is entitled to cast a postal vote in the election.

(5)The returning officer must, as soon as practicable after receiving the application, give the person—

(a)a ballot paper and a declaration envelope; and

(b)written instructions on how to cast a postal vote.

(6)The things given to a person under subsection (5) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.

(7)However, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.

(8)The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under subsection (5).

(9)If the elector is unable to apply under subsection (2) without help, another person may help the person apply.

(10)If the returning officer receives an application after the time mentioned in subsection (2A), or is otherwise satisfied the person is not an elector who is entitled to cast a postal vote in the election, the returning officer must give the person a written notice that states the person is not entitled to cast a postal vote in the election.

s 81 amd 2014 No. 44 s 62; 2015 No. 6 s 13; 2019 No. 30 s 178

82Distribution of ballot papers to silent electors and special postal voters

(1)As soon as practicable after the nomination day for an election, the returning officer must post the following things to each silent elector and special postal voter—

(a)a ballot paper;

(b)a declaration envelope;

(c)written instructions on how a vote may be cast;

(d)an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.

(2)However, the unsealed envelope need not be reply paid post if it is to be posted to an address outside Australia.

(3)The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under subsection (1).

s 82 amd 2014 No. 44 s 63; 2015 No. 6 s 14; 2019 No. 30 s 213

83How electors must record a vote on a ballot paper—optional-preferential voting

(1)This section applies if the system of voting at an election is optional-preferential voting.

(2)An elector must record a vote in accordance with—

(a)if the elector votes using electronically assisted voting—the procedures approved under section 75A(3); or

(b)otherwise—subsection (3) or (4).

(3)An elector records a vote on a ballot paper by—

(a)to record a first-preference vote—writing on the ballot paper the numeral 1, or a tick or a cross, in the square opposite the name of the candidate for whom the elector wishes to cast a first-preference vote; and

(b)to record a preference vote—writing the numerals 2, 3, and so on (in regular arithmetical sequence by intervals of 1 whole numeral) in other squares to record the order of the elector’s preferences for the other candidates.

(4)An elector is only required to record a first-preference vote on a ballot paper but may also record preference votes for 1 or more, but not necessarily all, of the candidates.

s 83 amd 2014 No. 44 s 64

84How electors must record a vote on a ballot paper—first-past-the-post voting

(1)This section applies if the system of voting at an election is first-past-the-post voting.

(1A)An elector must record a vote in accordance with—

(a)if the elector votes using electronically assisted voting—the procedures approved under section 75A(3); or

(b)otherwise—subsection (2) or (3).

(2)An elector records a vote on a ballot paper by writing on the ballot paper—

(a)if 1 candidate is to be elected—the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers; or

(b)if 2 or more candidates are to be elected—

(i)the numeral 1, or a tick or a cross, in the square opposite the name of 1 candidate for whom the elector wishes to vote; and

(ii)the numerals 2, 3 and so on in the squares opposite the names of the other candidates for whom the elector wishes to vote, up to the number of candidates to be elected.

s 84 amd 2014 No. 44 s 65; 2015 No. 25 s 7

85 Replacement ballot paper issued at polling booth or by visiting issuing officer

(1)This section applies if, while voting at a polling booth or when visited by an issuing officer under section 76 or 77, 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 cast a vote; and

(ii)the spoilt ballot paper has not been put in a ballot box in use in the poll; 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 92(9)(b).

s 85 sub 2019 No. 30 s 179

85A Replacement 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 subdivision 4 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 cast a postal vote.

(2)The elector may ask the 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 and a declaration envelope are to be sent.

(4)The returning officer or 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)if the elector’s request complies with subsection (3)—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 casts a postal vote, 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 returning officer must keep a record of all ballot papers and declaration envelopes given or sent under this section.

s 85A ins 2019 No. 30 s 179

86Formal and informal ballot papers—optional-preferential voting

(1)This section applies to an election if the system of voting is optional-preferential voting.

(2)A ballot paper has effect as recording a vote in the election only if the ballot paper—

(a)is completed under section 83; and

(b)does not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and

(c)has been put into a ballot box as required by this Act.

(3)Also, if the ballot paper is sealed in a declaration envelope, the envelope must have been signed, and the signature witnessed, as required under this part.

(4)Also, if the ballot paper is sealed in a declaration envelope as a postal vote—

(a)the ballot paper must be received by the returning officer no later than 10 days after polling day; and

(b)for an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.

(5)If a ballot paper shows 2 or more squares in which the same numeral is marked, those numerals and any higher numerals marked in other squares must be disregarded.

(6)If a ballot paper shows a break in the sequence of numerals marked in the squares on the ballot paper to indicate preferences, the numeral that breaks the sequence and any higher numerals marked in other squares must be disregarded.

(7)A ballot paper that has effect to record a vote under this section is a formal ballot paper.

(8)A ballot paper that has no effect to record a vote under this section is an informal ballot paper.

s 86 amd 2014 No. 44 s 66; 2020 No. 20 s 128

87Formal and informal ballot papers—first-past-the-post voting

(1)This section applies to an election if the system of voting is first-past-the-post voting.

(2)A ballot paper has effect as recording a vote in the election only if the ballot paper—

(a)is completed under section 84; and

(b)does not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and

(c)has been put into a ballot box as required by this Act.

(3)Also, if the ballot paper is sealed in a declaration envelope, as required by this Act, the envelope must have been signed, and the signature witnessed, as required by section 72.

(4)Also, if the ballot paper is sealed in a declaration envelope as a postal vote—

(a)the ballot paper must be received by the returning officer no later than 10 days after polling day; and

(b)for an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.

(5)A ballot paper that complies with section 84 must not be rejected merely because it indicates the elector’s intention to vote for a number of candidates greater than the number to be elected.

(6)A ballot paper that has effect to record a vote under this section is a formal ballot paper.

(7)A ballot paper that has no effect to record a vote under this section is an informal ballot paper.

s 87 amd 2014 No. 44 s 67

88Ballot paper partly formal and partly informal

(1)This section applies if—

(a)an election for mayor of a local government and an election for the other councillors of the local government are held at the same time and 1 ballot paper is used for both elections; and

(b)the ballot paper, as completed for 1 of the elections, is informal but, as completed for the other election, is formal.

(2)The informal part of the ballot paper must be rejected and the formal part of the ballot paper must be counted under division 7.

89Preliminary processing of declaration envelopes

(1)For a postal ballot election, before, on or after the polling day, the returning officer may open all ballot boxes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.

(2)For an election other than a postal ballot election, before or after the polling day, the returning officer may open all ballot boxes containing only sealed declaration envelopes and examine the envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.

(3)As soon as practicable after 6p.m. on polling day, the returning officer may open all other ballot boxes containing sealed declaration envelopes and examine the envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.

(4)As soon as practicable after receipt by the returning officer of a parcel of sealed declaration envelopes from a polling booth, the returning officer may open the parcel and examine the envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.

s 89 amd 2014 No. 44 s 68; 2019 No. 30 s 180

91Procedure for processing declaration envelopes

(1)The returning officer must—

(a)inform all candidates for election of the times when, and the places where, declaration envelopes will be examined by the returning officer; and

(b)allow the candidates, or their scrutineers, to attend at the processing of declaration envelopes.

(2)On examining the declaration envelopes, if the returning officer is satisfied the declaration has been properly completed, the envelope is sealed and the declarant on the envelope is entitled to cast a vote, the returning officer must—

(a)record on the voters roll, in a way approved by the returning officer, that the declarant has voted; and

(b)place the envelope containing the ballot paper (the accepted envelope) in a locked or sealed ballot box; and

(c)keep the accepted envelope in the ballot box until dealt with under subsection (3) and section 95.

(3)The returning officer may take the accepted envelopes from the locked or sealed ballot box and remove the ballot papers from the envelopes, without unfolding them, or allowing anyone else to unfold them, and keep them in a locked or sealed ballot box until dealt with under section 95.

(4)The returning officer must—

(a)put all ballot papers (not in declaration envelopes) that are in a ballot box opened under section 89(3) into a locked or sealed ballot box, without unfolding them, or allowing anyone else to unfold them; and

(b)keep them there until they are dealt with in the official counting of votes.

(5)If a declaration envelope is rejected, the returning officer must set it aside in the officer’s custody for separate identification.

(6)The returning officer must seal up in separate parcels, and keep in the officer’s custody for separate identification—

(a)all accepted declaration envelopes from which ballot papers have been removed; and

(b)all rejected declaration envelopes.

s 91 amd 2019 No. 30 s 181

92Preliminary counting of ordinary votes

(1)The presiding officer of a polling booth must follow, in order, the procedures stated in subsections (3) to (11)—

(a)as soon as practicable after the end of ordinary voting hours for the polling booth; and

(b)at a place nominated by the officer; and

(c)in the presence of issuing officers and any candidates and scrutineers who wish to attend.

(2)However, the presiding officer may do anything required under subsections (3) to (10) through an issuing officer authorised by the presiding officer for that purpose.

(3)Open all ballot boxes used at the polling booth.

(4)Identify, and keep in a separate parcel, all declaration envelopes.

(5)Examine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and—

(a)identify, and keep in a separate parcel, all informal ballot papers; and

(b)if the system of voting is first-past-the-post voting—count the number of votes for each candidate marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and

(c)if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel all formal ballot papers on which a first-preference vote is recorded for the same candidate.

(6)Prepare a written statement in the approved form.

(7)Seal up in separate parcels all formal and informal ballot papers (including ballot papers printed for electronically assisted votes), declaration envelopes and unused ballot papers.

(8)Endorse on each parcel a description of its contents, sign the endorsement and allow any scrutineers, who wish to do so, to countersign the endorsement.

(9)Put the following into separate parcels and endorse on each parcel a description of its contents—

(a)the voters roll and all books and papers used by the presiding officer in the poll with 1 copy of the statement prepared under subsection (6);

(b)all ballot papers or remains of ballot papers set aside, under section 85(3)(b), for separate identification.

(10)Endorse the following on each parcel, and sign each endorsement—

(a)the name of the local government area, or division of the local government area, for which the election was held;

(b)the name of the polling booth from which the parcel has come.

(11)If the presiding officer is a person other than the returning officer, the presiding officer must, as soon as practicable, give each of the following things to the returning officer or a person nominated by the returning officer—

(a)the parcels mentioned in subsections (3) to (10);

(b)a copy of the statement prepared under subsection (6), other than the copy mentioned in subsection (9)(a);

(c)a reconciliation statement, in the approved form, for all ballot papers given out at the polling booth and all votes put in ballot boxes at the booth.

s 92 amd 2014 No. 44 s 70; 2019 No. 30 s 182; 2020 No. 20 s 129

93Objections by scrutineers during preliminary count

(1)If, while a presiding officer is complying with section 92(5), a candidate or scrutineer objects to the treatment of a particular ballot paper as informal, the officer must mark on the back of it ‘formal’ or ‘informal’ according to whether the officer’s decision is to treat it as formal or informal.

(2)If, while a presiding officer is complying with section 92(5), a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted.

95Official counting of votes

(1)The returning officer must follow, in order, the procedures stated in subsections (2) to (6)—

(a)as soon as practicable after close of the poll in an election; and

(b)in the presence of the candidates or scrutineers who wish to attend.

(2)The returning officer must work out from the statements of presiding officers under section 92(6)—

(a)if the system of voting is first-past-the-post voting—the number of votes cast for each candidate; or

(b)if the system of voting is optional-preferential voting—the number of first-preference votes cast for each candidate.

(3)The returning officer must—

(a)open all sealed parcels of ballot papers given to the returning officer under section 92(11) or sealed by the returning officer if the returning officer conducted the preliminary count under section 92; and

(b)examine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and—

(i)if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or

(ii)if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers.

(4)The returning officer must—

(a)open all other ballot boxes on hand; and

(b)open all accepted envelopes mentioned in section 91(2)(c) that have not yet been opened and remove the ballot papers; and

(c)identify, and keep in a separate parcel, all informal ballot papers, including ballot papers printed for electronically assisted votes; and

(d)examine all formal ballot papers, including ballot papers printed for electronically assisted votes, and—

(i)if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or

(ii)if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers.

(5)The returning officer must add together—

(a)if the system of voting is first-past-the-post voting—the number counted under subsections (3)(b)(i) and (4)(d)(i); or

(b)if the system of voting is optional-preferential voting—the number counted under subsections (3)(b)(ii) and (4)(d)(ii).

(6)The returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 72 after close of the poll.

s 95 amd 2019 No. 30 s 183

96Objections by scrutineers during official count

(1)If, while the returning officer is complying with section 95, a candidate or scrutineer objects to the treatment of a particular ballot paper as informal, the officer must mark on the back of it ‘formal’ or ‘informal’ according to whether the officer’s decision is to treat it as formal or informal.

(2)If, while the returning officer is complying with section 95, a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted.

96ARe-counting of votes

(1)At any time before the following happens, the electoral commission may direct the returning officer, or another member of the electoral commission’s staff, to re-count some or all of the ballot papers for an election—

(a)the result of the poll for the election is notified by the electoral commission under section 100;

(b)the electoral commission refers a matter to the Court of Disputed Returns under part 7.

(2)The returning officer may re-count some or all of the ballot papers for the election at any time before the results of the election are notified.

(3)A person carrying out a re-count of ballot papers must, so far as practicable, ensure that the requirements of section 95 are complied with.

(4)This section does not limit by implication section 9(5).

s 96A ins 2014 No. 44 s 72

amd 2015 No. 6 s 15

97Counting of votes for optional-preferential system

(1)This section applies for counting votes in an election in which the system of voting is optional-preferential voting.

(2)If, after final counting under section 95, an absolute majority of formal first-preference votes are for 1 candidate, that candidate is elected.

(3)Alternatively, if there is no absolute majority of the formal first-preference votes for 1 candidate, a further count assigning preference votes must be conducted and, if necessary, repeated until an absolute majority of the remaining votes are for 1 candidate.

(4)For subsection (3), a further count assigning preference votes is conducted by—

(a)excluding the candidate with the fewest votes in a previous count; and

(b)excluding all ballot papers on which there is not recorded a preference vote for a candidate who has not been excluded for the count or a previous count; and

(c)assigning each preference vote recorded on the remaining ballot papers to the candidate who—

(i)is next in the order of an elector’s preference on the ballot paper; and

(ii)has not been excluded; and

(d)counting the number of votes (first-preference votes for a candidate together with any preference votes assigned to the candidate) for each candidate who has not been excluded.

(5)If, after final counting under subsection (4), an absolute majority of the votes remaining in the count are for 1 candidate, that candidate is elected.

(6)If subsection (4)(a) can not be applied because 2 or more candidates (1 of whom must be excluded) have an equal number of votes, the candidate to be excluded is—

(a)if there has been an earlier count—the candidate who had the fewest votes at the last count at which the candidates did not have an equal number of votes; or

(b)if there has not been an earlier count or the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (7).

(7)For subsection (6)(b), the returning officer must, in the presence of any candidates, or their representative, who wish to attend—

(a)write the names of the candidates who have an equal number of votes on similar slips of paper; and

(b)fold the slips, concealing the names; and

(c)put the slips in an opaque container and shuffle them; and

(d)raise the container so that its contents can not be seen and choose a slip at random.

(8)If, under subsection (6), the candidates who have an equal number of votes are the only candidates remaining in the count, then, despite subsection (6), the candidate whose name is recorded under subsection (9)(g) is elected.

(9)The returning officer must, in the presence of 2 witnesses—

(a)prepare a list of the candidates; and

(b)assign a different number or colour to each candidate; and

(c)place only the marbles, balls or other similar things (marbles), complying with subsection (10), in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and

(d)rotate the container and permit another person present who wishes to do so to rotate it; and

(e)raise the container so that its contents can not be seen; and

(f)while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and

(g)record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f), is taken or allowed to come out of the container.

(10)For subsection (9)(c), the marbles must be—

(a)the same size and weight; and

(b)the same colours or numbers as the colours or numbers assigned under subsection (9)(b) to the candidates.

(11)The returning officer must allow each of the 2 candidates, or their representative, to be present for the process mentioned in subsection (9).

(12)In this section—

absolute majority means more than 50% of votes.

98Counting of votes for first-past-the-post system

(1)This section applies for counting votes in an election in which the system of voting is first-past-the-post voting.

(2)If only 1 person is to be elected, the candidate who receives the majority of votes is elected.

(3)If subsection (2) can not be applied because 2 or more candidates have an equal number of votes, the candidate whose name is recorded under subsection (7)(g) is elected.

(4)If 2 or more persons are to be elected (as councillors)—the candidates elected are—

(a)the candidate who receives the majority of votes; and

(b)the candidates who receive the next highest number of votes, up to the number of persons to be elected.

Note—

A candidate who receives no votes has a number of votes that is 0.

(5)If—

(a)subsection (4) can not be applied because 2 or more candidates (the tied candidates) have an equal number of votes; and

(b)the number of tied candidates, together with any candidates already elected under subsection (4), is more than the number of persons to be elected;

the candidate whose name is recorded under subsection (7)(g) is elected.

Note—

A candidate who receives no votes has a number of votes that is 0.

(6)To remove any doubt, it is declared that, if—

(a)subsection (4) can not be applied there are tied candidates; and

(b)the number of tied candidates, together with any candidates already elected under subsection (4), is not more than the number of persons to be elected;

the tied candidates are elected.

Example for subsection (6)—

If three persons remain to be elected and the 2 candidates with the highest number of votes have an equal number of votes, the candidates are elected and then only 1 person would remain to be elected.

(7)The returning officer must, in the presence of 2 witnesses—

(a)prepare a list of the candidates; and

(b)assign a different number or colour to each candidate; and

(c)place only the marbles, balls or other similar things (marbles), complying with subsection (8), in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and

(d)rotate the container and permit another person present who wishes to do so to rotate it; and

(e)raise the container so that its contents can not be seen; and

(f)while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and

(g)record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f), is taken or allowed to come out of the container.

(8)For subsection (7)(c), the marbles must be—

(a)the same size and weight; and

(b)the same colours or numbers as the colours or numbers assigned under subsection (7)(b) to the candidates.

(9)The returning officer must allow each of the candidates, or their representative, to be present for the process mentioned in subsection (7).

s 98 amd 2014 No. 44 s 73

99Returning officer’s duty after counting votes

When the result of the poll for the election is known, the returning officer must—

(a)seal the following in separate parcels—

(i)all formal ballot papers, including ballot papers printed for electronically assisted votes;

(ii)all informal ballot papers, including ballot papers printed for electronically assisted votes;

(iii)all accepted declaration envelopes from which ballot papers have been removed;

(iv)all rejected declaration envelopes;

(v)all spoilt ballot papers in sealed envelopes;

(vi)all unused ballot papers;

(vii)all of the books and papers (other than the voters roll) used in the poll by each presiding officer; and

(b)endorse on each parcel a description of its contents and sign the endorsement; and

(c)allow any scrutineers, who wish to do so, to countersign the endorsement.

s 99 amd 2019 No. 30 s 184

100Notifying the results of an election

(1)As soon as practicable after the result of a poll for an election is known, the electoral commission must, by notice in the approved form, declare—

(a)the result of the poll; and

(b)for a poll for the election of a mayor, the name of the mayor who has been elected; and

(c)the names of each candidate who has been elected.

(2)The electoral commission must ensure the notice is published on the electoral commission’s website, and in other ways the electoral commission considers appropriate.

(3)The returning officer must ensure the notice is published on the website of the local government for which the election was held.

(4)The electoral commission must not delay complying with subsection (1) or (2) merely because some ballot papers have not been received by the returning officer, if it is clear the votes recorded on the ballot papers could not affect the result of the election.

s 100 amd 2014 No. 44 s 74; 2019 No. 30 s 185

101Notice of results of poll to candidates

The electoral commission must give notice of the final result of the poll to each candidate as soon as practicable after—

(a)all ballot papers used in the poll have been examined; and

(b)all votes cast in the poll on ballot papers that appear to be formal have been counted.

101A Election and elector information

(1)This section applies if the electoral commission has given notice of the final result of a poll for an election under section 101.

(2)As soon as practicable after giving the notice, the electoral commission must publish on the commission’s website—

(a)the number of formal first preference votes cast for each candidate in the poll; and

(b)information about the distribution of formal preference votes, other than first preference votes, for the candidates in the poll.

(3)Also, the following (each a requester) may ask the electoral commission for elector information for the election—

(a)a registered political party;

(b)a member of a group of candidates for the election, if at least 1 member of the group was elected at the election;

(c)a councillor who—

(i)was elected at the election; and

(ii)as a candidate for the election, was not a member of a group of candidates or endorsed by a registered political party.

(4)The electoral commission must comply with a request under subsection (3) by giving the requester the elector information about each elector who—

(a)was enrolled on the relevant voters roll for the election; and

(b)voted in the election.

(5)The relevant voters roll for the election is—

(a)for a request made by a registered political party—the voters roll for each local government area; or

(b)for a request made by a group of candidates—the voters roll for the local government area, or division of a local government area, for each member of the group that was elected; or

(c)for a request made by a councillor mentioned in subsection (3)(c)—the voters roll for the local government area, or division of a local government area, for which the councillor was elected.

(6)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 booth in the local government area—the location of the polling booth.

(7)However, the commission must not give the requester the elector information about a silent elector.

(8)A person must not use, disclose to another person or allow another person to access elector information given to a registered political party, a member of a group of candidates or a councillor under this section, unless the use, disclosure or access is for a purpose related to an election.

Maximum penalty for subsection (8)—200 penalty units.

s 101A ins 2019 No. 30 s 219

amd 2023 No. 8 s 59 sch 1

102Storage and disposal of material resulting from election

(1)As soon as practicable after the electoral commission gives notice of the final result of a poll for an election under section 101, the returning officer for the election must—

(a)destroy all unused ballot papers; and

(b)seal up in packets all other parcels sealed up under section 99; and

(c)endorse the following on each packet and sign the endorsement—

(i)a description of its contents;

(ii)the name of the local government area, or division of a local government area, for which the election was held;

(iii)the polling day; and

(d)give each packet to the electoral commission.

(2)The electoral commission must keep the packets in safe custody until the next quadrennial election.

(3)At the end of the period under subsection (2), the electoral commission must—

(a)destroy all ballot papers contained in the packets; and

(b)dispose of the other contents of the packets in the way the commission considers appropriate.

103Notice to electors whose ballot papers are not accepted

(1)This section applies if—

(a)in an election, a person casts a vote in the election and completes a declaration envelope for the vote; and

(b)the person’s ballot paper is not accepted for counting under section 91 because the returning officer is not satisfied that the declarant on the declaration envelope is entitled to cast a vote in the election.

(2)As soon as practicable after the election, the electoral commission must send a notice to the person advising the person why the ballot paper was not accepted for counting.

s 103 amd 2014 No. 44 s 75

104Notice to electoral commission of error in electoral roll

As soon as practicable after an election, the returning officer must give to the electoral commission notice of the names and addresses of all persons permitted to vote at the election whose names are not on the voters roll, apparently because of official error, if the error relates to the keeping of an electoral roll under the Electoral Act 1992.

105Arrangements for fresh election

(1)This section applies if—

(a)the Governor in Council gives effect to a recommendation by the Minister to dissolve a local government under the Local Government Act 2009, section 123(3)(b)(i); or

Note—

The dissolution does not take effect until it is ratified by the Legislative Assembly under the Constitution of Queensland 2001, section 75(2).

(b)a fresh election is required under a regulation implementing a recommendation of the change commission under the Local Government Act 2009, chapter 2, part 3.

(2)The day on which a fresh election is to be held must be a Saturday.

(3)The provisions of part 4 apply, with all necessary changes and any changes prescribed by regulation, to the fresh election as if the election were a quadrennial election.

s 105 amd 2020 No. 20 s 130

106Definitions for part

In this part—

agent means an agent of any of the following who is appointed under division 2 for an election—

(a)a registered political party that endorses a candidate in the election;

(b)a candidate in the election;

(c)a group of candidates for the election;

(d)a third party for the election.

s 106 def agent ins 2023 No. 8 s 17(2)

associated entity—

(a)of a registered political party that endorses a candidate in an election—see section 112C(2) and (3); or

(b)of a candidate in an election—see section 112D(2), (3), (4) and (5); or

(c)of a group of candidates for an election—see section 112E(2) and (3).

s 106 def associated entity ins 2023 No. 8 s 17(2)

auditor means an individual who—

(a)has the qualifications or experience prescribed by regulation for this definition; and

(b)is not, and has never been, a member of a political party.

s 106 def auditor ins 2023 No. 8 s 17(2)

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 106 def bank statement ins 2023 No. 8 s 17(2)

broadcaster means—

(a)the Australian Broadcasting Corporation continued in existence under the Australian Broadcasting Corporation Act 1983 (Cwlth), section 5; or

(b)the Special Broadcasting Service Corporation continued in existence under the Special Broadcasting Service Act 1991 (Cwlth), section 5; or

(c)the holder of a licence under the Broadcasting Services Act 1992 (Cwlth); or

(d)the provider of a broadcasting service under a class licence under the Broadcasting Services Act 1992 (Cwlth).

s 106 def broadcaster ins 2023 No. 8 s 17(2)

campaign purpose, for incurring electoral expenditure, see section 109B.

s 106 def campaign purpose ins 2023 No. 8 s 17(2)

candidate’s disclosure period ...

s 106 def candidate’s disclosure period om 2019 No. 30 s 220 (1)

capped expenditure period, for an election, see section 123A.

s 106 def capped expenditure period ins 2023 No. 8 s 17(2)

disclosure date ...

s 106 def disclosure date ins 2017 No. 12 s 11 (2)

om 2019 No. 30 s 220 (1)

disclosure deadline, for a return, means the day or time prescribed by regulation for the giving of the return.

s 106 def disclosure deadline ins 2019 No. 30 s 220 (2)

disclosure period, for an election—

(a)for a candidate in the election—see section 106A(1); or

(b)for a registered political party that endorses a candidate in the election—see section 106A(3); or

(c)for a group of candidates for the election—see section 106A(4); or

(d)for a third party for the election—see section 106A(5); or

(e)for an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election—see section 106A(6).

s 106 def disclosure period ins 2019 No. 30 s 220 (2)

sub 2023 No. 8 s 17(1)–(2)

electoral expenditure see section 109A.

s 106 def electoral expenditure ins 2018 No. 9 s 29

sub 2019 No. 30 s 220 (1)–(2); 2023 No. 8 s 17(1)–(2)

endorsed, in relation to a candidate by a registered political party, see section 109G.

s 106 def endorsed ins 2023 No. 8 s 17(2)

financial controller, of an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election, means—

(a)if the entity is a corporation, including a corporation that is the trustee of a trust—the secretary of the corporation; or

(b)if the entity is the trustee of a trust but is not a corporation—the trustee; or

(c)otherwise—the person responsible for keeping the financial records of the entity.

s 106 def financial controller ins 2023 No. 8 s 17(2)

fundraising contribution see section 107A.

s 106 def fundraising contribution ins 2019 No. 30 s 220 (2)

gift see section 107.

s 106 def gift amd 2019 No. 30 s 220 (3)

gifted, for an amount of electoral expenditure incurred, see section 109C(1).

s 106 def gifted ins 2023 No. 8 s 17(2)

gifts register ...

s 106 def gifts register om 2019 No. 30 s 220 (1)

group’s disclosure period ...

s 106 def group’s disclosure period om 2019 No. 30 s 220 (1)

individual candidate see section 106AA.

s 106 def individual candidate ins 2023 No. 8 s 17(2)

information notice, about a decision, means a notice that states—

(a)the decision; and

(b)the reasons for the decision; and

(c)that the person to whom the notice is given may apply to the electoral commissioner for a review of the decision within 20 business days after the person receives the notice; and

(d)how to apply for a review.

s 106 def information notice ins 2018 No. 9 s 29

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 106 def loan ins 2018 No. 9 s 29

amd 2023 No. 8 s 17(3)

participant, in an election, see section 106AB.

s 106 def participant ins 2023 No. 8 s 17(2)

person acting on behalf of a candidate see section 111(1).

person acting on behalf of a group of candidates see section 111(2).

political activity ...

s 106 def political activity om 2019 No. 30 s 220 (1)

political donation, for division 1A, see section 113A.

s 106 def political donation ins 2018 No. 9 s 29

prohibited donor, for division 1A, see section 113(1).

s 106 def prohibited donor ins 2018 No. 9 s 29

recipient, of a gift or loan, means the entity to whom, or for the benefit of whom, the gift or loan was made.

s 106 def recipient ins 2019 No. 30 s 220 (2)

registered, for a third party in relation to an election, means registered under division 5A for the election.

s 106 def registered ins 2023 No. 8 s 17(2)

registered industrial organisation means an organisation registered under a law of the State, another State or the Commonwealth about the registration of industrial organisations.

register of agents means the register kept under section 116D.

s 106 def register of agents ins 2023 No. 8 s 17(2)

register of third parties, for an election, means the register kept under section 127E(1) for the election.

s 106 def register of third parties ins 2023 No. 8 s 17(2)

related political party has the meaning given by section 112A.

s 106 def related political party ins 2023 No. 8 s 17(2)

relevant details, for a gift or loan, see section 109.

s 106 def relevant details amd 2019 No. 30 s 220 (4)

relevant material means material produced as a result of incurring electoral expenditure, including, for example, an advertisement.

s 106 def relevant material ins 2023 No. 8 s 17(2)

relevant third party, for an election, means—

(a)a registered third party for the election; or

(b)another third party that is required, under section 127D, to be registered for the election.

s 106 def relevant third party ins 2023 No. 8 s 17(2)

reporting period means each of the following periods in a year—

(a)the period that starts on 1 January and ends on 30 June in the year;

(b)the period that starts on 1 July and ends on 31 December in the year.

s 106 def reporting period ins 2023 No. 8 s 17(2)

required period, for an election, means 15 weeks after the polling day for the election or, if no poll is conducted, the day a poll would have been conducted if it were required.

s 106 def required period ins 2017 No. 12 s 11 (2)

source—

(a)of a gift—see section 121A(1); or

(b)of a loan—see section 121A(2).

s 106 def source ins 2019 No. 30 s 220 (2)

sponsorship arrangement see section 107B.

s 106 def sponsorship arrangement ins 2023 No. 8 s 17(2)

third party, for an election, means an entity other than—

(a)a registered political party that endorses a candidate in the election; or

(b)a candidate in the election; or

(c)a group of candidates for the election; or

(d)an associated entity of an entity mentioned in paragraph (a), (b) or (c); or

(e)a person who is a member of a committee for the election of a candidate endorsed by a registered political party, if the committee is part of the political party; or

(f)a person who is a member of a committee for the election of—

(i)a candidate in the election; or

(ii)members of a group of candidates for the election.

s 106 def third party sub 2019 No. 30 s 220 (1)–(2)

amd 2023 No. 8 s 17(4)–(5)

value, of a gift, see section 108.

s 106 amd 2017 No. 12 s 11

106AA When candidate is individual candidate

(1)A candidate in an election is an individual candidate for any part of the capped expenditure period for the election during which the candidate—

(a)is not a member of a group of candidates for the election; and

(b)is not endorsed by a registered political party for the election.

(2)Without limiting subsection (1), a candidate in an election may be an individual candidate during 1 or more parts, but not all, of the capped expenditure period for the election.

s 106AA ins 2023 No. 8 s 18

106AB Meaning of participant in an election

For this part, each of the following is a participant in an election—

(a)a candidate in the election;

(b)a group of candidates for the election;

(c)a registered political party that endorses a candidate in the election;

(d)a registered third party for the election;

(e)a third party that—

(i)is not registered for the election; and

(ii)incurs electoral expenditure for the election.

s 106AB ins 2023 No. 8 s 18

106AMeaning of disclosure period

(1)The disclosure period for an election, for a candidate in the election, is the period that—

(a)starts—

(i)if the candidate was a candidate in an election held within 5 years before the polling day for the election—30 days after the polling day for the earlier election; or

(ii)otherwise—on the day that applies for the candidate under subsection (2); and

(b)ends 30 days after the polling day for the election.

(2)For subsection (1)(a)(ii), the day that applies for the candidate for the election is the earlier of the following days—

(a)the day the person announces or otherwise publicly indicates the person’s intention to be a candidate in the election;

(b)the day the person nominates as a candidate in the election;

(c)the day the person otherwise indicates the person’s intention to be a candidate in the election, including, for example, by accepting a gift made for the purpose of the election.

(3)The disclosure period for an election, for a registered political party that endorses a candidate in the election, is the period that—

(a)starts—

(i)if the party endorsed a candidate in a by-election or fresh election held after the last quadrennial election—30 days after the polling day for the last by-election or fresh election in which the party endorsed a candidate; or

(ii)if subparagraph (i) does not apply and the party endorsed a candidate in the last quadrennial election—30 days after the polling day for the last quadrennial election; or

(iii)otherwise—on the day the party first incurs electoral expenditure for the election; and

(b)ends 30 days after the polling day for the election.

(4)The disclosure period for an election, for a group of candidates for the election, is the period that—

(a)starts—

(i)if the most recent election was not a quadrennial election and the group of candidates was also a group of candidates for the most recent election—30 days after the polling day for the last election; or

(ii)otherwise—30 days after the polling day for the last quadrennial election; and

(b)ends 30 days after the polling day for the election.

(5)The disclosure period for an election, for a third party for the election, is the period that—

(a)for sections 118A and 118B—

(i)starts 30 days after the polling day for the last quadrennial election; and

(ii)ends 30 days after the polling day for the election; or

(b)for sections 125B and 125C—

(i)starts on the day the capped expenditure period for the election starts; and

(ii)ends 30 days after the polling day for the election; or

(c)for section 127AB—

(i)starts on the day the third party is registered, or was first required under section 127D to have been registered, for the election; and

(ii)ends 30 days after the polling day for the election.

(6)The disclosure period for an election, for an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election, is the period that—

(a)starts on the earlier of the following days—

(i)the day the associated entity first incurs electoral expenditure for the election;

(ii)the day the capped expenditure period for the elections starts; and

(b)ends 30 days after the polling day for the election.

(7)However, a regulation may prescribe another day on which a disclosure period mentioned in this section starts or ends.

s 106A ins 2019 No. 30 s 221

amd 2023 No. 8 s 19

107Meaning of gift

(1)A gift made by a person to another person is the disposition of property, or provision of a service, by the person to the other person, for no consideration or inadequate consideration.

(2)Also, a gift includes—

(a)an amount of electoral expenditure a person gifted to a participant in an election; and

Note—

For when an amount of electoral expenditure incurred by a person is gifted to a participant in an election, see section 109C.

(b)an amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party that endorses a candidate in an election by—

(i)if the party is a part of another entity—a federal or interstate branch or division of the other entity; or

(ii)a related political party of the party; and

(c)in relation to a loan made by a person to another person—

(i)an amount of uncharged interest on the loan; or

(ii)an amount forgiven on the loan; and

(d)the part of a fundraising contribution made by a person to another person that exceeds $200; and

(e)an amount paid, or service provided, by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement.

(3)A gift does not include—

(a)the disposition of property under a will; or

(b)a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or

(c)the following amounts paid to a political party—

(i)an amount for a person’s subscription for membership of the party;

(ii)an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2)(e);

(iii)an amount that is a compulsory levy imposed on councillors by the party under its constitution; or

(d)an amount transferred to an individual from funds the individual holds jointly with the individual’s spouse; or

(e)the provision of voluntary labour; or

(f)the incidental or ancillary use of—

(i)a volunteer’s vehicle or equipment; or

(ii)a vehicle or equipment that is ordinarily available for the personal use of a volunteer.

(4)A reference in this part to a gift does not include a reference to a gift made by a person to an individual (the recipient) if, when the gift is made—

(a)it is made in a private capacity for the recipient’s personal use; and

(b)the recipient does not intend to use the gift for an electoral purpose.

(5)However, if a gift, or part of a gift, mentioned in subsection (4) is used for an electoral purpose—

(a)the gift, or that part of the gift, is a gift for this part; and

(b)the recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose.

(6)If the recipient is a councillor, a reference in subsection (4) or (5) to using a gift for an electoral purpose includes using the gift directly or indirectly for the recipient’s duties as a councillor.

(7)In this section—

uncharged interest, on a loan, means an amount that would have been payable on the loan if—

(a)for a loan made on terms requiring the payment of interest at less than the official cash rate plus 3% a year—the loan had been made on terms requiring the payment of interest at a rate that is at least at the official cash rate plus 3% a year; or

(b)for a loan for which interest payable is waived—the interest payable had not been waived; or

(c)for a loan for which interest payments are not capitalised—the interest payments were capitalised.

s 107 sub 2019 No. 30 s 222; 2023 No. 8 s 20

107AMeaning of fundraising contribution

(1)A fundraising contribution is an amount paid by a person as a contribution, entry fee or other payment to entitle the person or another person to participate in, or otherwise obtain a benefit from, a fundraising or other venture or function.

(2)Without limiting subsection (1), a fundraising contribution includes—

(a)an amount paid for a raffle ticket; and

(b)an amount paid for an item at a fundraising auction.

(3)An amount mentioned in subsection (1) is a fundraising contribution whether or not the venture or function to which the payment relates raises funds for an entity.

(4)A fundraising contribution does not include an amount relating to the venture or function that is paid under a sponsorship arrangement.

s 107A ins 2019 No. 30 s 223

amd 2023 No. 8 s 21

107BMeaning of sponsorship arrangement

(1)A sponsorship arrangement, between a person (the sponsor) and a registered political party that endorses a candidate in an election, is an arrangement—

(a)that establishes a relationship of sponsorship, approval or association between the sponsor and the party, whether or not for commercial gain; or

(b)that confers a right on the sponsor to associate the sponsor, or the sponsor’s goods or services, with—

(i)the party; or

(ii)a fundraising or other venture or event; or

(iii)a program or event associated with a venture or event mentioned in subparagraph (ii).

(2)It does not matter whether or not the sponsor is entitled, under the arrangement—

(a)to be acknowledged as a sponsor; or

(b)to advertising or marketing rights; or

(c)to supply the sponsor’s goods or services; or

(d)to another benefit, including, for example, entry to a particular event or function.

s 107B ins 2023 No. 8 s 22

108Meaning of value of gift

(1)The value of a gift is the amount stated in, or worked out under, this section.

(2)The value of a gift of money is the amount of money given.

(3)The value of a gift of property other than money is—

(a)the market value of the property; or

(b)if a regulation prescribes principles under which the value of the property is to be decided—the value decided under the principles.

(4)The value of a gift of the provision of a service is—

(a)the amount that would reasonably be charged for providing the service if the service were provided on a commercial basis; or

(b)if a regulation prescribes principles under which the amount that would reasonably be charged for providing the service is to be decided—the amount decided under the principles.

(5)The value of a gift of an amount of electoral expenditure incurred is the amount of the expenditure.

(6)The value of a gift that is a fundraising contribution is the gross amount of the contribution, regardless of the value of anything received in consideration for the contribution.

(7)The value of a gift provided by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement is worked out—

(a)as the amount paid, or value of the service provided, under the arrangement; and

Note—

See subsection (4) for working out the value of a service provided.

(b)regardless of the value of the goods, services or other benefits provided to the person under the arrangement.

(8)The value of a gift of an amount of uncharged interest on a loan is the amount of interest that would have been payable on the loan if interest on the loan were calculated annually, as simple interest, and at the official cash rate for the day the loan was made plus 3% a year, less any amount of interest paid on the loan.

(9)The value of a gift of an amount forgiven on a loan is the total amount the debtor is no longer required to pay under the loan because the amount has been forgiven, including, for example, amounts of principal, interest, fees or other charges, whether or not—

(a)the loan is legally enforceable; and

(b)the forgiveness of the amount is legally enforceable.

(10)If consideration is given for a gift made, other than a gift mentioned in subsection (6) or (7), the value of the gift is reduced by the amount or value of the consideration given.

(11)In this section—

uncharged interest, on a loan, see section 107(7).

s 108 amd 2019 No. 30 s 224

sub 2023 No. 8 s 23

109Meaning of relevant details for a gift or loan

(1)All of the following are relevant details for a gift or loan—

(a)the value of the gift or loan;

(b)when the gift or loan was made;

(c)for a loan—the terms of the loan;

(d)if the person making the gift or loan has an interest in a local government matter that is greater than that of other persons in the local government area—

(i)that fact; and

(ii)the nature of the person’s interest;

(e)for a gift or loan made by an individual—

(i)the individual’s name and residential or business address; and

(ii)the individual’s occupation; and

(iii)if the individual is employed, carries on a business or is otherwise engaged in an industry—the industry in which the individual is employed, carries on a business or is otherwise engaged;

(f)for a gift or loan made by a corporation—

(i)the corporation’s name; and

(ii)the names and residential or business addresses of the directors or members of the executive committee (however described) of the corporation; and

(iii)if the corporation has a holding company—the names and residential or business addresses of the directors or members of the executive committee (however described) of the holding company; and

(iv)a description of the type of business the corporation carries on;

(g)for a gift or loan made on behalf of the members of an unincorporated association—

(i)the association’s name; and

(ii)unless the organisation is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee (however described) of the association;

(h)for a gift or loan made out of a trust fund or out of the funds of a foundation—

(i)the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and

(ii)the name or other description of the trust fund or foundation; and

(iii)if the gift is given, or loan is made, out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the giver of the gift or lender—the name and residential or business address of the person;

(i)for a gift or loan not mentioned in paragraph (e), (f), (g) or (h)—the name and residential or business address of the person who made the gift or loan.

(2)If a gift or loan is made by an entity that is not the source of the gift or loan, the relevant details for the gift or loan include—

(a)that fact; and

(b)the details mentioned in subsection (1)(d) to (i) for the entity that is the source of the gift or loan.

(3)In this section—

holding company, of a corporation, see the Corporations Act, section 9.

local government matter, in relation to a local government, means—

(a)a transaction, contract or other arrangement entered into by the local government; or

(b)another matter to be decided or otherwise dealt with by the local government.

s 109 sub 2019 No. 30 s 225

109A Meaning of electoral expenditure

(1)Electoral expenditure is expenditure of a kind mentioned in subsection (2) incurred for a campaign purpose.

(2)For subsection (1), the kind of expenditure is—

(a)expenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example—

(i)an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and

(ii)material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and

(iii)material for distribution in letters; or

(b)expenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or

(c)expenditure for carrying out an opinion poll or research; or

(d)expenditure for contracted services related to an activity mentioned in paragraph (a), (b) or (c), including, for example, fees for consultants or the provision of data; or

(e)expenditure of another kind prescribed by regulation to be a kind of electoral expenditure.

(3)For subsection (2)(a) and (b), it does not matter whether section 177 applies to the material.

(4)However, electoral expenditure does not include—

(a)expenditure incurred substantially for or related to the election of—

(i)members of the Parliament of the State or another State or the Commonwealth; or

(ii)councillors (however described) of a local government of another State; or

(b)expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party that endorses a candidate in an election, including, for example, a meeting of a branch, division or committee of the party—

(i)for an organisational purpose; or

(ii)to select a candidate to nominate for election; or

(c)expenditure on employing staff for a campaign purpose; or

(d)expenditure of a kind prescribed by regulation not to be a kind of electoral expenditure.

(5)Expenditure incurred by a third party for an election is electoral expenditure if the dominant purpose for which the expenditure is incurred is a campaign purpose.

(6)However, expenditure incurred by a third party for an election is not electoral expenditure if the dominant purpose for which the expenditure is incurred is another purpose, even if the expenditure is also incurred for, or achieves, a campaign purpose.

Example of other purposes for incurring expenditure—

to educate or raise awareness about an issue of public policy

(7)Also, electoral expenditure incurred by or for a councillor of a local government does not include expenditure of a kind for which the councillor is entitled to receive an allowance or entitlement.

(8)An amount of electoral expenditure is inclusive of GST.

(9)In this section—

allowance or entitlement, for a councillor of a local government, means an allowance or entitlement the councillor is entitled to under the local government’s expenses reimbursement policy.

expenses reimbursement policy, in relation to a local government, means a policy—

(a)that the local government is required to adopt under the Local Government Act 2009 or the City of Brisbane Act 2010; and

(b)about the payment of expenses incurred or to be incurred by, and the provision of facilities to, councillors of the local government relating to the discharge of their duties and responsibilities as councillors.

s 109A ins 2023 No. 8 s 24

109BMeaning of campaign purpose

(1)Expenditure is incurred for a campaign purpose if the expenditure is incurred—

(a)to promote or oppose a political party or group of candidates in relation to an election; or

(b)to promote or oppose the election of a candidate; or

(c)to otherwise influence voting at an election.

(2)Without limiting subsection (1), expenditure is incurred for a purpose mentioned in subsection (1)(a), (b) or (c) if material produced as a result of the expenditure does any of the following in relation to an election—

(a)expressly promotes or opposes—

(i)political parties, candidates or groups of candidates who advocate, or do not advocate, a particular policy or issue; or

(ii)political parties, candidates or groups of candidates who have, or do not have, a particular position on a policy or issue; or

(iii)candidates who express a particular opinion;

(b)expressly or impliedly comments—

(i)about a political party, a candidate in the election or a group of candidates for the election; or

(ii)in relation to a local government’s area or a division of a local government’s area;

(c)expresses a particular position on a policy, issue or opinion—

(i)if the position is publicly associated with a political party, candidate or group of candidates; and

(ii)whether or not, in expressing the position, the party, candidate or group is mentioned.

s 109B ins 2023 No. 8 s 24

109CMeaning of gifted for electoral expenditure

(1)An amount of electoral expenditure incurred by a person is gifted to a participant in an election if—

(a)the expenditure benefits the participant; and

(b)any of the following applies—

(i)the expenditure is incurred with the authority or consent of the participant;

(ii)relevant material resulting from the expenditure is accepted by the participant;

(iii)another circumstance prescribed by regulation happens in relation to the expenditure; and

(c)the person does not, within 7 days after the circumstances mentioned in paragraphs (a) and (b) happen—

(i)receive consideration, or adequate consideration, from the participant incurring the expenditure; or

(ii)invoice the participant for payment of the amount.

(2)If an amount of electoral expenditure mentioned in subsection (1) (the total amount) is incurred under an arrangement between 2 or more participants in the election, the amount gifted to any 1 of the participants is the amount equal to the total amount divided by the number of participants who are parties to the arrangement.

(3)A gift of electoral expenditure is made when subsection (1) applies to the expenditure, regardless of when the expenditure is incurred.

Notes—

1See also section 109E for when electoral expenditure is incurred generally.

2See also section 123U in relation to electoral expenditure incurred by a participant in an election that benefits another participant in the election.

s 109C ins 2023 No. 8 s 24

109DParticipant taken to have incurred gifted electoral expenditure

(1)If electoral expenditure incurred by a person is gifted to a participant in an election, the participant is taken to have incurred the electoral expenditure.

(2)Section 109E applies for determining when gifted electoral expenditure is incurred.

s 109D ins 2023 No. 8 s 24

109EWhen electoral expenditure is incurred generally

(1)For this part, electoral expenditure is incurred when the goods or services for which the expenditure is incurred are supplied or provided, regardless of when the amount of the expenditure is invoiced or paid.

(2)Without limiting subsection (1)—

(a)expenditure on advertising is incurred when the advertisement is first broadcast or published; and

(b)expenditure on the production and distribution of relevant material is incurred when the material is first distributed; and

(c)expenditure of another kind is incurred at the time prescribed by regulation.

(3)Subsection (4) applies if—

(a)electoral expenditure is incurred to obtain goods; and

(b)the goods are obtained for the dominant purpose of being used for a campaign purpose in relation to 1 or more elections; and

(c)the goods are supplied before the capped expenditure period for an election starts.

(4)Despite subsection (1), the electoral expenditure is taken to have been incurred when the goods are first used for a campaign purpose during the capped expenditure period for an election, regardless of when the amount of the expenditure is invoiced or paid.

(5)For this section, the electoral expenditure incurred to obtain goods includes electoral expenditure incurred to design, produce, print or distribute the goods.

s 109E ins 2023 No. 8 s 24

109FWhen electoral expenditure is incurred for particular purposes

(1)This section applies in relation to incurring electoral expenditure for the purpose of working out when—

(a)a person becomes a candidate in an election; or

(b)a registered political party has endorsed a candidate in an election; or

(c)another entity becomes a participant in an election; or

(d)a disclosure period under section 106A starts.

(2)Despite section 109E, the electoral expenditure is taken to be incurred when a transaction to incur the expenditure is entered into, 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.

(3)However, this section does not affect the operation of section 109E in relation to the electoral expenditure for any other purpose under this part.

s 109F ins 2023 No. 8 s 24

109GWhen candidate is endorsed by registered political party

For this part, a candidate is endorsed by a registered political party for an election if—

(a)any of the following has happened—

(i)the party has publicly announced the party’s intention to endorse the candidate in the election;

(ii)the party has started to incur electoral expenditure for the benefit of the candidate for the election;

(iii)the party has otherwise endorsed the candidate in the election under the party’s constitution; and

(b)the registered officer of the party has not given notice under section 31 or 135A of the withdrawal of the endorsement.

s 109G ins 2023 No. 8 s 24

110References to candidates

A person who is a candidate in an election is taken, for this part, to remain a candidate for the entire period of the candidate’s disclosure period for the election.

111Persons acting on behalf of candidates and groups of candidates

(1)A person acting on behalf of a candidate includes a committee formed to help the candidate’s election campaign in an election but does not include a committee that is recognised by a political party as forming part of the political party.

(2)A person acting on behalf of a group of candidates includes a committee formed to help the election campaign of members of the group in an election.

s 111 amd 2023 No. 8 s 25

112Related corporations

For this part—

(a)corporations that are related to each other are taken to be the same person; and

(b)the question whether a corporation is related to another corporation must be decided in the same way as the question whether a corporation is related to another corporation is decided under the Corporations Act.

s 112 sub 2023 No. 8 s 26

112ARelated political parties

For this part, 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.

s 112A ins 2019 No. 30 s 226

sub 2023 No. 8 s 26

112BApplication to unincorporated bodies

(1)This section applies in relation to any of the following entities that are unincorporated bodies—

(a)a registered political party;

(b)a third party;

(c)an associated entity of—

(i)a registered political party that endorses a candidate in an election; or

(ii)a candidate in an election; or

(iii)a group of candidates for an election.

(2)This part, and part 9, division 5, apply in relation to the unincorporated body as if it were a person.

(3)An obligation or liability that, apart from this subsection, would be imposed under this part or part 9, division 5 on the unincorporated body, is imposed on each member of the executive committee (however described) of the body, but may be discharged by any of the members of the executive committee.

(4)An amount that, apart from this subsection, would be payable under this part or part 9, division 5 by the unincorporated body is jointly and severally payable by the members of the executive committee (however described) of the body.

(5)An offence against a provision of this part or part 9, division 5 that, apart from this subsection, would be committed by the unincorporated body is taken to have been committed by each member of the executive committee (however described) of the body who—

(a)authorised or permitted the conduct that would have constituted the offence; or

(b)was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.

Maximum penalty—the penalty for a contravention of the provision by an individual.

(6)This section does not affect the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is a member of the executive committee (however described) of the unincorporated body, for an offence against this part or part 9, division 5.

(7)A reference in this part to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—

(a)on behalf of the unincorporated body; and

(b)under the body’s actual or apparent authority.

(8)Also, a reference in this part to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of the unincorporated body.

s 112B ins 2020 No. 20 s 131

sub 2023 No. 8 s 26

112CAssociated entity to be treated as part of registered political party

(1)If a registered political party that endorses a candidate in an election has an associated entity, divisions 4 and 5 apply as if—

(a)the party and the associated entity together constituted the party; and

(b)a reference to the party included a reference to the associated entity; and

(c)the dedicated account of the party were the dedicated account of the associated entity; and

(d)electoral expenditure incurred by or for the associated entity were incurred by or for the party.

Note—

See also sections 118AA, 120A, 124 and 125A about disclosure obligations imposed on the associated entity.

(2)An entity is an associated entity of a registered political party that endorses a candidate in an election if the entity—

(a)is controlled by the party or endorsed candidates of the party; or

(b)operates wholly, or to a significant extent, for the benefit of the party or endorsed candidates of the party; or

(c)operates for the dominant purpose of—

(i)promoting the party in elections; or

(ii)promoting endorsed candidates of the party in an election.

(3)However, an associated entity of a registered political party that endorses a candidate in an election does not include—

(a)a candidate endorsed by the party for the election; or

(b)another political party that is a related political party of the party; or

(c)if the party is part of another entity—a federal or interstate branch or division of the other entity.

(4)In this section—

endorsed candidates, of a registered political party that endorses a candidate in an election, means 2 or more candidates endorsed by the party for the election.

s 112C ins 2023 No. 8 s 26

112DAssociated entity to be treated as part of candidate

(1)If a candidate in an election has an associated entity, divisions 4 and 5 apply as if—

(a)the associated entity and the candidate together constituted the candidate; and

(b)a reference to the candidate included a reference to the associated entity; and

(c)a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the candidate; and

(d)the dedicated account of the candidate were the dedicated account of the associated entity; and

(e)electoral expenditure incurred by or for the associated entity were incurred by or for the candidate.

Note—

See also sections 118AA, 120A, 124, 125A and 125G about disclosure obligations imposed on the associated entity.

(2)An entity is an associated entity of a candidate in an election if the entity—

(a)is controlled by the candidate in relation to the election; or

(b)operates wholly, or to a significant extent, for the benefit of the candidate in relation to the election; or

(c)operates for the dominant purpose of promoting the candidate in the election.

(3)However, an associated entity of a candidate in an election does not include an entity if—

(a)the entity is an associated entity of a registered political party that endorses a candidate in the election under section 112C because the entity—

(i)is controlled by endorsed candidates of the party; or

(ii)operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or

(iii)operates for the dominant purpose of promoting endorsed candidates of the party; and

(b)the candidate is 1 of the candidates endorsed by the party for the election.

(4)Also, an associated entity of a candidate in an election does not include an entity if—

(a)the entity is an associated entity of a group of candidates under section 112E because the entity—

(i)is controlled by the group; or

(ii)operates wholly or to a significant extent for the benefit of the group; or

(iii)operates for the dominant purpose of promoting the group; and

(b)the candidate is a member of the group.

(5)Further, an associated entity of a candidate in an election does not include—

(a)for a candidate who is endorsed by a registered political party for the election—another candidate who is endorsed by the registered political party; or

(b)for a candidate who is a member of a group of candidates for the election—another candidate who is a member of the group; or

(c)a committee formed to help the candidate’s election campaign in the election.

(6)In this section—

endorsed candidates, of a registered political party that endorses a candidate in an election, see section 112C(4).

s 112D ins 2023 No. 8 s 26

112EAssociated entity to be treated as part of group of candidates

(1)If a group of candidates for an election has an associated entity, divisions 4 and 5 apply as if—

(a)the associated entity and the group together constituted the group; and

(b)a reference to the group included a reference to the associated entity; and

(c)a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the group; and

(d)the dedicated account of the group were the dedicated account of the associated entity; and

(e)electoral expenditure incurred by or for the associated entity were incurred by or for the group.

Note—

See also sections 118AA, 120A, 124, 125A and 125G about disclosure obligations imposed on the associated entity.

(2)An entity is an associated entity of a group of candidates for an election if the entity—

(a)is controlled by the group in relation to the election; or

(b)operates wholly, or to a significant extent, for the benefit of the group in relation to the election; or

(c)operates for the dominant purpose of promoting the group in the election.

(3)However, an associated entity of a group of candidates for an election does not include—

(a)a candidate who is a member of the group; or

(b)a committee formed to help the election campaign of members of the group in the election.

s 112E ins 2023 No. 8 s 26

pt 6 div 1A hdg ins 2018 No. 9 s 30

113Meaning of prohibited donor

(1)For this division, prohibited donor—

(a)means—

(i)a property developer; or

(ii)an industry representative organisation, a majority of whose members are property developers; but

(b)does not include an entity for whom a determination is in effect under section 113D.

Note—

See section 194C(4) in relation to the non-effect of a determination in particular circumstances.

(2)For subsection (1)(a), each of the following persons is a property developer—

(a)a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation—

(i)in connection with the residential or commercial development of land; and

(ii)with the ultimate purpose of the sale or lease of the land for profit;

(b)a close associate of a corporation mentioned in paragraph (a).

(3)For deciding whether a corporation is a corporation mentioned in subsection (2)(a), any activity engaged in by the corporation for the dominant purpose of providing commercial premises at which the corporation, or a related body corporate of the corporation, will carry on business is to be disregarded, unless the business involves the sale or leasing of a substantial part of the premises.

(4)In this section—

close associate, of a corporation, means any of the following persons—

(a)a related body corporate of the corporation;

(b)a director or other officer of the corporation;

(c)a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation;

(d)a spouse of an individual mentioned in paragraph (b) or (c);

(e)if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security;

(f)if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust;

(g)if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust.

director, of a corporation, see the Corporations Act, section 9.

officer, of a corporation, see the Corporations Act, section 9.

related body corporate, of a corporation, see the Corporations Act, section 9.

relevant planning application means—

(a)an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009; or

(b)a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or

(c)an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971; or

(d)a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about any of the following under that Act—

(i)the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area;

(ii)the imposition of, or change to, conditions on a coordinated project;

(iii)the preparation or variation of a development scheme; or

(e)an application for, or to change, a PDA development approval under the Economic Development Act 2012; or

(f)a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act—

(i)a priority development area or provisional priority development area;

(ii)a development scheme, interim land use plan, or PDA-associated development for a priority development area;

(iii)a provisional land use plan or PDA-associated development for a provisional priority development area; or

(g)an application or request of a type prescribed by regulation to be a relevant planning application.

stapled entity—

(a)means an entity the interests in which are traded along with the interests in another entity as stapled securities; and

(b)for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust.

voting power see the Corporations Act, section 610.

s 113 prev s 113 om 2014 No. 44 s 76

pres s 113 ins 2018 No. 9 s 30

113AMeaning of political donation

(1)For this division, each of the following is a political donation—

(a)a gift made to or for the benefit of—

(i)a political party; or

(ii)a candidate in an election; or

(iii)a group of candidates for an election;

(b)a gift made to or for the benefit of another entity—

(i)to enable the entity (directly or indirectly) to make a gift mentioned in paragraph (a) or to incur electoral expenditure; or

(ii)to reimburse the entity (directly or indirectly) for making a gift mentioned in paragraph (a) or incurring electoral expenditure;

(c)a loan from an entity that, if the loan were a gift, would be a gift mentioned in paragraph (a) or (b).

(2)Despite section 107(3)(b), a reference in this section to a gift includes a fundraising contribution, to the extent the amount of the contribution forms part of the proceeds of the fundraising venture or function to which the contribution relates.

(3)Despite section 107(3)(c), a reference in this section to a gift includes any of the following amounts paid by a person to a political party, to the extent the total amount of the person’s payments in a calendar year exceeds $1,000—

(a)an amount paid as a subscription for a person’s membership of the party;

(b)an amount paid for a person’s affiliation with the party.

s 113A ins 2018 No. 9 s 30

amd 2019 No. 30 s 227; 2023 No. 8 s 27

113B Political donations by prohibited donors

(1)It is unlawful for a prohibited donor to make a political donation.

(2)It is unlawful for a person to make a political donation on behalf of a prohibited donor.

(3)It is unlawful for a person to accept a political donation that was made (wholly or in part) by or on behalf of a prohibited donor.

(4)It is unlawful for a prohibited donor to solicit a person to make a political donation.

(5)It is unlawful for a person to solicit, on behalf of a prohibited donor, another person to make a political donation.

s 113B ins 2018 No. 9 s 30

113C Recovery of prohibited donations

(1)If a person accepts a prohibited donation, the following amount is payable by the person to the State—

(a)if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation;

(b)otherwise—an amount equal to the amount or value of the prohibited donation.

(2)The amount may be recovered by the State as a debt due to the State from—

(a)if the recipient is a registered political party that is not a corporation—the party’s agent; or

(b)if the recipient is a group of candidates—the members of the group or the group’s agent; or

(c)if the recipient is a candidate—the candidate or the candidate’s agent; or

(d)otherwise—the recipient.

(3)The imposition of liability to pay an amount to the State under this section—

(a)is not a punishment or sentence for an offence against section 194A or any other offence; and

(b)is not a matter to which a court may have regard in sentencing an offender for an offence against section 194A or any other offence.

(4)An action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission.

(5)Any process in the action required to be served on the State may be served on the electoral commission.

(6)In this section—

prohibited donation means a political donation that was unlawfully made or accepted under section 113B.

recipient means the entity to whom, or for the benefit of whom, the prohibited donation was made.

s 113C ins 2018 No. 9 s 30

113D Making of determination that entity is not a prohibited donor

(1)A person may apply to the electoral commissioner for a determination that the person, or another entity, is not an entity mentioned in section 113(1)(a)(i) or (ii).

(2)The application must be written and supported by enough information to enable the electoral commissioner to decide the application.

(3)If the electoral commissioner is satisfied the entity to whom the application relates is not an entity mentioned in section 113(1)(a)(i) or (ii), the electoral commissioner must make the determination sought by the applicant.

(4)Otherwise, the electoral commissioner must—

(a)decide not to make the determination; and

(b)give the applicant an information notice about the decision.

(5)A determination has effect for 1 year unless it is earlier revoked.

s 113D ins 2018 No. 9 s 30

113E Revocation of determination

(1)If, at any time, the electoral commissioner ceases to be satisfied the entity to whom a determination relates is not an entity mentioned in section 113(1)(a)(i) or (ii), the electoral commissioner may revoke the determination by giving a written notice of revocation to the entity and, if the entity was not the applicant for the determination, the applicant.

(2)The notice of revocation given to the entity must include, or be accompanied by, an information notice about the decision to revoke the determination.

s 113E ins 2018 No. 9 s 30

113F Register of determinations

(1)The electoral commissioner must keep a register of determinations made under section 113D.

(2)The register must include any revocations made under section 113E.

(3)The electoral commissioner must make the register available for public inspection without fee.

s 113F ins 2018 No. 9 s 30

113G Review of decisions

A person who is given, or is entitled to be given, an information notice about a decision under this division has a right to appeal against the decision under the Electoral Act 1992, part 11, division 20, as if the decision were a decision to which section 277(4)(b) or 278(2) of that Act applied.

s 113G ins 2018 No. 9 s 30

pt 6 div 2 hdg om 2019 No. 30 s 228

pt 6 div 2 sdiv 1 hdg om 2019 No. 30 s 228

pt 6 div 2 sdiv 2 hdg om 2019 No. 30 s 228

114Agent of registered political party

(1)A registered political party that endorses a candidate in an election must appoint a person to be the agent of the party, for this part, for the election.

(2)The registered political party must appoint a person as the party’s agent for an election under subsection (1) as soon as practicable after the party becomes a participant in the election by endorsing a candidate in the election.

s 114 prev s 114 amd 2014 No. 44 s 77; 2017 No. 12 s 12

om 2019 No. 30 s 228

pres s 114 ins 2023 No. 8 s 28

115Agent of candidate

(1)A candidate in an election may appoint a person to be the agent of the candidate, for this part, for the election.

(2)During any period for which no appointment is in effect under subsection (1), the candidate is taken to be the candidate’s own agent for this part for the election.

s 115 prev s 115 amd 2014 No. 44 s 78; 2017 No. 12 s 13

om 2019 No. 30 s 228

pres s 115 ins 2023 No. 8 s 28

116Agent of group of candidates

A group of candidates for an election must appoint a person to be the agent of the group, for this part, for the election.

Note—

See also section 42(5)(f).

s 116 prev s 116 amd 2014 No. 44 s 79; 2017 No. 12 s 14

om 2019 No. 30 s 228

pres s 116 ins 2023 No. 8 s 26

116AAgent of registered third party

(1)A registered third party for an election who is not an individual must appoint a person to be the agent of the third party, for this part, for the election.

Note—

See also section 127F(2)(c).

(2)A registered third party for an election who is an individual may appoint a person to be the agent of the third party, for this part, for the election.

(3)During any period for which no appointment is in effect under subsection (2), the third party is taken to be the third party’s own agent for this part for the election.

s 116A prev s 116A ins 2014 No. 44 s 80

om 2017 No. 12 s 15

pres s 116A ins 2023 No. 8 s 26

116BAgent of unregistered third party

(1)A third party that is not registered for an election may appoint a person to be the third party’s agent, for this part, for the election.

(2)If the third party is an individual, during any period for which no appointment is in effect under subsection (1), the third party is taken to be the third party’s own agent for this part for the election.

s 116B ins 2023 No. 8 s 26

116CRequirements for registration

(1)The appointment of a person as an agent has no effect unless—

(a)the person is an adult; and

(b)the person has—

(i)consented to the appointment in writing; and

(ii)signed a declaration that the person is eligible for appointment; and

(c)the electoral commission is given written notice of the appointment that—

(i)states the person’s name and address; and

(ii)includes or is accompanied by the consent and declaration mentioned in paragraph (b); and

(iii)for the appointment of an agent of a group of candidates—is signed by each candidate who is a member of the group; and

(d)the person’s name is included in the register of agents.

(2)A person is not eligible to be appointed, or to hold office, as an agent for this part if the person has been convicted of an offence against section 43C(4), this part or part 9, division 5.

s 116C ins 2023 No. 8 s 26

116DRegister of agents

(1)The electoral commission must keep a register called the register of agents.

Note—

See section 135B for the requirement to make information from the register available for public inspection.

(2)The register of agents must include the name and address of each person appointed as the agent of the following, for this part, for an election—

(a)a registered political party that endorses a candidate in the election;

(b)a candidate in the election;

(c)a group of candidates for the election;

(d)a third party for the election.

(3)The register of agents may be kept in the way, and in the form, the electoral commission considers appropriate.

(4)An entry in the register of agents about a person appointed as the agent of an entity mentioned in subsection (2), for this part, for an election, is evidence that the person is the agent of the entity for the election.

s 116D ins 2023 No. 8 s 26

116ERegistration of agent

(1)The appointment of a person as an agent, for this part, for an election—

(a)takes effect when the person’s name is entered in the register of agents; and

(b)continues until the person’s obligations as an agent under this part for the election end, unless the appointment ends sooner under subsection (2).

Note—

A person’s obligations as a candidate’s agent under this part may end after the election to which the appointment relates, whether or not the candidate is elected at the election.

(2)The appointment of a person as an agent, for this part, for an election, ends when—

(a)the person resigns the person’s appointment as agent; or

(b)the entity that appointed the person revokes the person’s appointment; or

(c)the person dies; or

(d)the person is convicted of an offence against section 43C(4), this part or part 9, division 5.

(3)A person’s name must not be removed from the register of agents unless—

(a)the person gives the electoral commission written notice that the person has resigned the person’s appointment as agent; or

(b)the entity that appointed the person gives the electoral commission written notice that the person’s appointment has been revoked; or

(c)the person dies; or

(d)the person is convicted of an offence against section 43C(4), this part or part 9, division 5; or

(e)if the entity that appointed the person is a registered political party or registered third party—the entity’s registration is cancelled.

(4)If a person’s appointment as the agent of an entity ends under subsection (2), the entity must, within 28 days after the person’s appointment ends, give the electoral commission—

(a)a written notice that states—

(i)the person’s appointment has ended; and

(ii)the day the appointment ended; and

(iii)the reason the appointment ended; and

(b)if the entity is required to have an agent under this division—a written notice under section 116C(1)(c) of the appointment of another person as the entity’s agent.

(5)A written notice given to the electoral commission under subsection (3)(b) by a group of candidates must be signed by each candidate who is a member of the group.

s 116E ins 2023 No. 8 s 26

116FResponsibility for action in absence of agent

(1)This section applies if—

(a)a provision of this part imposes an obligation on the agent of—

(i)a registered political party that endorses a candidate in an election; or

(ii)a group of candidates for an election; or

(iii)a third party who is not an individual, whether or not the third party is registered for an election; and

(b)the entity does not have an agent for this part for the election.

(2)For a registered political party or a third party, each member of the executive committee (however described) of the registered political party or third party is responsible for complying with the obligation as if the provision applied to the member of the committee.

(3)For a group of candidates, each member of the group is responsible for complying with the obligation as if the provision applied to the member of the group.

s 116F ins 2023 No. 8 s 26

116GAgent’s obligation to ensure compliance

(1)The agent of a participant in an election must take all reasonable steps—

(a)to inform the participant, and each person the participant authorises to act for the participant under divisions 4 and 5, about the obligations that apply to the participant and person under divisions 4 and 5; and

(b)to establish and maintain appropriate systems to support the participant and person to comply with the obligations.

Maximum penalty—100 penalty units.

(2)If a participant in an election has an associated entity, the agent of the participant must take all reasonable steps—

(a)to inform the associated entity, and each person the associated entity authorises to act for it under divisions 4 and 5, about the obligations that apply to the associated entity and person under divisions 4 and 5; and

(b)to establish and maintain appropriate systems to support the associated entity and person to comply with the obligations.

Maximum penalty—100 penalty units.

(3)In deciding whether steps taken by the agent of a participant in an election to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider the amount of electoral expenditure incurred, or expected to be incurred, by—

(a)the participant; and

(b)if the participant has an associated entity—the associated entity.

(4)Subsection (5) applies in relation to the agent of—

(a)a registered political party that endorses a candidate in an election; or

(b)a third party for an election; or

(c)any of the following participants that has an associated entity—

(i)a registered political party that endorses a candidate in an election;

(ii)a candidate in an election;

(iii)a group of candidates for an election.

(5)In deciding whether steps taken by the agent of the participant to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider—

(a)the number of members and employees of the registered political party, third party or associated entity; and

(b)the number of people authorised to act for the registered political party, candidate, group of candidates or associated entity.

Note—

See section 127O about keeping records.

s 116G ins 2023 No. 8 s 26

pt 6 div 3 hdg sub 2019 No. 30 s 229

pt 6 div 3 sdiv 1 hdg ins 2019 No. 30 s 229

117Gifts to candidates

(1)Subsection (2) applies if, during a candidate’s disclosure period for an election, the candidate receives a gift of a value equal to or more than $500.

(2)The agent of the candidate must give the electoral commission a return about the gift on or before the disclosure deadline for the return.

(3)Each return must—

(a)be in the approved form; and

(b)state the relevant details for the gift.

(4)Also, the agent of a candidate in an election must, within the required period for the election, give the electoral commission a return in the approved form, stating—

(a)if the candidate received gifts during the disclosure period—

(i)the total value of all gifts received during the disclosure period; and

(ii)the number of entities that gave the gifts; or

(b)otherwise—that no gifts were received during the disclosure period.

(5)For subsection (1), the value of a gift is taken to include the value of all other gifts previously given to the candidate by the same entity during the candidate’s disclosure period.

(6)The agent of a candidate need not comply with subsection (4) if—

(a)the agent gives the electoral commission a return, in the approved form, before the candidate makes the declaration of office under the Local Government Act 2009, section 169 or the City of Brisbane Act 2010, section 169 and the return states—

(i)the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and

(ii)the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and

(b)the candidate does not receive gifts during the candidate’s disclosure period for the election after the return is given.

(7)If the electoral commission receives a return under subsection (4) from the agent of a candidate who is successful in an election, the electoral commission must give a copy of the return to the chief executive officer of the local government for which the election was held.

(8)This section does not apply in relation to a candidate who is a member of a group of candidates.

s 117 amd 2014 No. 44 s 81; 2017 No. 12 s 16; 2019 No. 30 s 229A; 2023 No. 8 s 29

118Gifts to groups of candidates

(1)Subsection (2) applies if, during the disclosure period for an election for a group of candidates, a member of the group, or a person acting on behalf of the group, receives a gift of a value equal to or more than $500.

(2)The group’s agent must give the electoral commission a return about the gift on or before the disclosure deadline for the return.

(3)Each return must—

(a)be in the approved form; and

(b)state—

(i)the names of the candidates who are members of the group; and

(ii)the name, if any, of the group; and

(iii)the relevant details for the gift.

(4)Also, the agent of a group of candidates must, within the required period for the election, give the electoral commission a return in the approved form, stating—

(a)if any members of the group, or a person acting on behalf of the group, received gifts during the disclosure period—

(i)the total value of all gifts received during the disclosure period; and

(ii)the number of entities that gave the gifts; or

(b)otherwise—that no gifts were received by any member of the group, or a person acting on behalf of the group, during the disclosure period.

Note—

See also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up.

(5)For subsection (1), the value of a gift is taken to include the value of all other gifts previously given to any member of the group, or a person acting on behalf of the group, by the same entity during the group’s disclosure period.

(6)The agent need not comply with subsection (4) if—

(a)each candidate who is a member of the group gives a return, in the approved form, to the electoral commission before making the declaration of office under the Local Government Act 2009, section 169 or the City of Brisbane Act 2010, section 169 and the return states—

(i)the candidate does not expect the group to receive further gifts during the group’s disclosure period for the election after giving the return; and

(ii)the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and

(b)the group does not receive further gifts during the group’s disclosure period for the election after giving the return.

(7)If the electoral commission receives a return under subsection (4) from the agent of a group of candidates for an election and any of the members of the group are successful in the election, the electoral commission must give a copy of the return to—

(a)the chief executive officer of the local government for which the election was held; and

(b)each successful candidate who is a member of the group.

s 118 amd 2014 No. 44 s 82; 2017 No. 12 s 17; 2019 No. 30 s 229B; 2023 No. 8 s 30

118AA Gifts to associated entities of candidates or groups of candidates

(1)Subsection (2) applies if—

(a)an entity receives a gift—

(i)during a reporting period; and

(ii)when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and

(b)the value of the gift is equal to or more than $500.

(2)The financial controller of the associated entity must give the electoral commission a return about the gift on or before the disclosure deadline for the return.

(3)Each return must—

(a)be in the approved form; and

(b)state the relevant details for the gift.

(4)For subsection (1), the value of a gift is taken to include the value of all other gifts previously given to the associated entity by the same entity during the reporting period.

s 118AA ins 2023 No. 8 s 31

118A Gifts to third parties to enable political expenditure

(1)This section applies to a third party for an election if—

(a)the third party receives a gift of a value of $500 or more from an entity during the disclosure period for an election; and

(b)the entity that is the source of the gift intended the gift to be used, wholly or in part—

(i)by the recipient of the gift to incur political expenditure; or

(ii)as reimbursement for political expenditure incurred by the recipient of the gift; and

(c)the third party used the gift, wholly or in part—

(i)to incur political expenditure for the election; or

(ii)as reimbursement for political expenditure for the election incurred by the third party.

(2)The third party must give the electoral commission a return about the gift by the disclosure deadline for the return.

(3)The return must—

(a)be in the approved form; and

(b)state the relevant details for the gift.

(4)Also, the third party must give the electoral commission a return, in the approved form, within the required period for the election that states—

(a)the total value of all gifts received by the party during the disclosure period; and

(b)the number of entities that made the gifts.

(5)For subsection (1)(a), the value of a gift made to the third party by an entity is taken to include the value of all other gifts made to the third party by the same entity during the disclosure period.

(6)In this section—

political expenditure, for an election, means expenditure that is comprised of—

(a)electoral expenditure; or

(b)a gift made to or for the benefit of—

(i)a registered political party that endorses a candidate in the election; or

(ii)a candidate in the election; or

(iii)a group of candidates for the election, a member of the group or a person acting on behalf of the group; or

(c)a gift made to another person on the understanding that the person, or another person, uses the gift (directly or indirectly) to incur expenditure mentioned in paragraph (a) or (b).

s 118A ins 2019 No. 30 s 230

amd 2023 No. 8 s 32

118BGifts made by third parties

(1)This section applies if a third party for an election, during the third party’s disclosure period for the election, makes a gift of a value equal to or more than $500—

(a)to or for the benefit of—

(i)a registered political party that endorses a candidate in the election; or

(ii)a candidate in the election; or

(iii)a group of candidates for the election, a member of the group or a person acting on behalf of the group; or

(b)to another person on the understanding that the person, or another person, uses the gift (directly or indirectly)—

(i)to incur electoral expenditure; or

(ii)to make a gift to or for the benefit of a person mentioned in paragraph (a)(i), (ii) or (iii).

(2)The third party must give the electoral commission a return about the gift on or before the disclosure deadline for the return.

(3)Each return must—

(a)be in the approved form; and

(b)state—

(i)the value of the gift; and

(ii)when the gift was made; and

(iii)the name of the entity to whom, or for whose benefit, the gift was made; and

(iv)if the third party is not the source of the gift, the relevant details for the gift mentioned in section 109(2).

(4)Also, the third party must give the electoral commission a return, in the approved form, within the required period for the election about the total value of the gifts made by the third party during the third party’s disclosure period for the election.

(5)For subsection (1), a gift made by the third party for 2 or more elections is taken to have been made by the third party for each of the elections.

(6)Also, for subsection (1), the value of a gift is taken to include the value of all other gifts previously made by the third party during the third party’s disclosure period for the election to or for the benefit of the same entity.

s 118B ins 2023 No. 8 s 33

119Receiving anonymous gifts prohibited

(1)A candidate for an election, or a person acting on behalf of the candidate, must not, during the candidate’s disclosure period for the election, receive a prescribed gift made to, or for the benefit of, the candidate unless—

(a)the relevant details for the gift are known to the person receiving the gift; or

(b)when the gift is made—

(i)the entity giving the gift gives to the person receiving the gift details of the gift; and

(ii)the person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.

(2)A group of candidates for an election, or a person acting on behalf of the group, must not, during the group’s disclosure period for the election, receive a prescribed gift made to, or for the benefit of, the group of candidates unless—

(a)the relevant details for the gift are known to the group or person receiving the gift; or

(b)when the gift is made—

(i)the entity making the gift gives the group or person receiving the gift details of the gift; and

(ii)the group or person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.

(3)For this section, the value of a gift is taken to include the value of all other gifts previously received by the candidate, group of candidates or person acting on behalf of the candidate or group, from the same entity during the candidate’s or group’s disclosure period.

(4)In this section—

prescribed gift means a gift with a value of at least $500.

s 119 amd 2017 No. 12 s 18; 2019 No. 30 s 231

119AHow subdivision applies to gifts that are returned within 6 weeks

(1)Subject to subsection (2), this subdivision does not apply to a gift that is returned in full within 6 weeks after its receipt.

(2)If the gift is returned in full within 6 weeks after its receipt, any return under this subdivision that includes the value of the gift must also include a statement to the effect that the gift was returned.

s 119A ins 2023 No. 8 s 34

119BHow subdivision applies to particular gifts used for electoral purposes

(1)This section applies in relation to a gift, to the extent section 107(5) applies to the gift.

Note—

Section 107(5) deals with a gift made in a private capacity for the recipient’s personal use if the gift, or part of the gift, is later used for an electoral purpose.

(2)The person who made the gift is not required to comply with a requirement under this subdivision to give the electoral commission a return about the gift.

(3)A return about the gift given under this subdivision by the person who received the gift must state—

(a)that, when the gift was made—

(i)it was made in a private capacity for the recipient’s private use; and

(ii)the recipient did not intend to use the gift for an electoral purpose; and

(b)the gift was used for the electoral purpose; and

(c)the day on which the gift was used for the electoral purpose.

(4)In this section—

electoral purpose see section 107(6).

s 119B ins 2023 No. 8 s 34

pt 6 div 3 sdiv 2 hdg ins 2019 No. 30 s 232

120Loans to candidates or groups of candidates

(1)Subsection (2) applies if, during a candidate’s disclosure period for an election, the candidate receives a loan equal to or more than $500.

(2)The agent of the candidate must give the electoral commission a return about the loan on or before the disclosure deadline for the return.

(3)Subsection (4) applies if, during the disclosure period for a group of candidates for an election, the group receives a loan equal to or more than $500.

(4)The agent of the group must give the electoral commission a return about the loan on or before the disclosure deadline for the return.

(5)Each return given under subsection (2) or (4) must—

(a)be in the approved form; and

(b)state the relevant details for the loan.

(6)Also, the agent of a candidate in an election or group of candidates for an election must, within the required period for the election, give the electoral commission a return in the approved form, stating—

(a)if the candidate or group received loans during the disclosure period—

(i)the total value of all loans received during the disclosure period; and

(ii)the number of entities who made the loans; or

(b)otherwise—that no loans were received by the candidate or group during the disclosure period.

Note—

See also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up.

(7)For subsections (1) and (3), the amount of a loan received by the candidate or group is taken to include the value of all other loans previously given to the candidate or group by the same entity during the disclosure period.

(8)Subsection (9) applies if the electoral commission receives a return under subsection (6) from—

(a)the agent of a candidate who is successful in the election; or

(b)the agent of a group of candidates, any of whose members are successful in the election.

(9)The electoral commission must give a copy of the return to—

(a)the chief executive officer of the local government for which the election was held; and

(b)if the return is received from the agent of a group of candidates—each successful candidate who is a member of the group.

s 120 amd 2014 No. 44 s 83

sub 2017 No. 12 s 19

amd 2019 No. 30 s 233; 2023 No. 8 s 35

120ALoans to associated entities of candidates or groups of candidates

(1)This section applies if an entity—

(a)receives a loan—

(i)during a reporting period; and

(ii)when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and

(b)the amount of the loan is equal to or more than $500.

(2)The financial controller of the associated entity must give the electoral commission a return about the loan on or before the disclosure deadline for the return.

(3)Each return must—

(a)be in the approved form; and

(b)state the relevant details for the loan.

(4)For subsection (1), the amount of a loan is taken to include the amount of all other loans previously given to the associated entity by the same entity during the reporting period.

s 120A ins 2023 No. 8 s 36

121Particular loans not to be received

(1)A candidate for an election, or person acting on behalf of the candidate, must not receive a loan of $500 or more from a person during the candidate’s disclosure period for the election unless the candidate or person keeps a record of the loan.

(2)A group of candidates for an election, or person acting on behalf of the group of candidates, must not receive a loan of $500 or more from a person during the group’s disclosure period for the election unless the group or person keeps a record of the loan.

(3)The record under subsection (1) or (2) must state the following—

(a)the terms of the loan;

(b)if the loan was received from a registered industrial organisation—

(i)the name of the organisation; and

(ii)the names and addresses of the members of the executive committee, however described, of the organisation;

(c)if the loan was received from an unincorporated association—

(i)the name of the association; and

(ii)unless the association is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee, however described, of the association;

(d)if the loan was paid out of a trust fund or out of the funds of a foundation—

(i)the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and

(ii)the title or other description of the trust fund, or the name of the foundation; and

(iii)if the loan is made out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the lender—the name and residential or business address of the lender;

(e)if none of paragraphs (b), (c) and (d) applies—the name and residential or business address of the person.

(4)For subsections (1) and (2), the amount of a loan received by the candidate or group is taken to include the value of all other loans previously given to the candidate or group by the same entity during the disclosure period.

s 121 amd 2017 No. 12 s 20; 2019 No. 30 s 234; 2023 No. 8 s 37

pt 6 div 3 sdiv 3 hdg ins 2019 No. 30 s 235

121AWhen an entity is the source of a gift or loan

(1)An entity is the source of a gift (the ultimate gift) made to another entity (the ultimate recipient) if—

(a)the entity makes a gift or loan (the first gift or loan) to another entity (the first recipient); and

(b)the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient; and

(c)the first recipient, or another person, makes the ultimate gift to the ultimate recipient; and

(d)the first gift or loan enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate gift.

(2)An entity is the source of a loan (the ultimate loan) made to another entity (the ultimate recipient) if—

(a)the entity makes a gift or loan (the first gift or loan) to another entity (the first recipient); and

(b)the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient; and

(c)the first recipient, or another person, makes the ultimate loan to the ultimate recipient; and

(d)the first gift or loan enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate loan.

s 121A ins 2019 No. 30 s 235

121BDonor must disclose source of gift or loan

(1)This section applies to an entity that—

(a)makes a gift of a value of $500 or more, or a loan of $500 or more, to—

(i)a registered political party that endorses a candidate in an election; or

(ii)a candidate in an election; or

(iii)a group of candidates for an election; or

(iv)an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election; or

(b)makes a gift mentioned in section 118A(1) to a third party.

(2)When the entity makes the gift or loan, the entity must give the recipient of the gift or loan a notice that states—

(a)the relevant details of the gift or loan in relation to the entity; and

(b)if the entity is not the source of the gift or loan—

(i)that fact; and

(ii)the relevant details of the gift or loan in relation to the entity that is the source of the gift or loan.

Maximum penalty—20 penalty units.

s 121B ins 2019 No. 30 s 235

amd 2023 No. 8 s 38

121C Recovery of prohibited gifts or loans

(1)If a person receives a gift in contravention of section 119, or a loan in contravention of section 121, an amount equal to the amount or value of the gift or loan is payable by the person to the State.

(2)The amount may be recovered by the State as a debt due to the State from—

(a)if the recipient is a candidate—the candidate or the candidate’s agent; or

(b)if the recipient is a group of candidates—the members of the group or the group’s agent; or

(c)otherwise—the recipient.

(3)If, under subsection (2), the amount may be recovered from 2 or more persons, those persons are jointly and severally liable for the amount.

(4)An action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission.

(5)Any process in the action required to be served on the State may be served on the electoral commission.

s 121C ins 2019 No. 30 s 235

amd 2023 No. 8 s 39

pt 6 div 3 sdiv 4 hdg ins 2019 No. 30 s 236

122Requirement to notify the public about disclosure obligations

(1)This section applies if any of the following persons are required, under this division, to give the electoral commission a return about a gift or loan—

(a)the agent of a candidate in an election;

(b)the agent of a group of candidates for an election;

(c)the financial controller of an associated entity of a candidate in an election or a group of candidates for an election;

(d)a third party for an election to whom section 118A applies for the election.

(2)The person must take reasonable steps to notify the public that the person is required—

(a)to give the return to the electoral commission; and

(b)to state the relevant details for the gift or loan in the return.

Examples of reasonable steps—

•publishing a notice on a website

•including a notice in a brochure distributed in the local government area or division of a local government area for which a candidate has been nominated for election

Maximum penalty—1 penalty unit.

(3)A notification under subsection (2) must include a fair summary of the provisions under which the requirement arises.

s 122 amd 2014 No. 44 s 84; 2017 No. 12 s 21

sub 2019 No. 30 s 237; 2023 No. 8 s 40

122ARequirement to notify third party of obligation to give return under s 118B

(1)This section applies if—

(a)a gift is made to or for the benefit of a candidate or group of candidates that is—

(i)of a value equal to or more than $500; and

(ii)comprised of a gift mentioned in section 118B(1) made by a third party for an election; or

(b)a gift mentioned in section 118A(1)(a) is made to or for the benefit of a third party for the election by another third party for the election.

(2)Within 7 business days after the gift is received by the recipient, the agent of the candidate or group of candidates, or the third party to or for whose benefit the gift was made, must give the third party who made the gift a notice that states the third party may be required, under section 118B, to give a return about the gift.

Maximum penalty—20 penalty units.

s 122A ins 2019 No. 30 s 237

sub 2023 No. 8 s 40

pt 6 div 4 hdg sub 2019 No. 30 s 238; 2023 No. 8 s 41

pt 6 div 4 sdiv 1 hdg ins 2023 No. 8 s 41

123Definitions for division

In this division—

expenditure cap, for an election, in relation to a participant in the election, see section 123B.

maximum amount, for an election, means the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—

where—

A is the amount of an individual candidate’s expenditure cap for the election under section 123D.

B is—

(a)if the office of mayor is to be filled in the election—1; or

(b)otherwise—0.

C is the amount of an individual candidate’s expenditure cap for the election under section 123E.

D is the total number of vacant offices of councillors, other than mayor, to be filled in the election.

M is the maximum amount for the election.

number of enrolled electors, for an election, see section 123S(1).

relevant day, for an election, see section 123S(3) and (4).

s 123 def required period om 2017 No. 12 s 22 (2)

s 123 amd 2014 No. 44 s 85; 2017 No. 12 s 22

sub 2019 No. 30 s 238; 2023 No. 8 s 41

123AMeaning of capped expenditure period

(1)The capped expenditure period, for an election, starts—

(a)for a quadrennial election—on the first business day after the last Saturday in August that occurs in the year immediately before the year in which the quadrennial election must be held under section 23(1); or

(b)for a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24(3); or

(c)for a fresh election—

(i)if, when notice of the election is published on the electoral commission’s website under section 25(1), the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2)—on the day the capped expenditure period started; or

(ii)otherwise—on the day notice of the election is published on the electoral commission’s website under section 25(1).

(2)However, if before the day mentioned in subsection (1)(a) for a quadrennial election a regulation fixes a day for the quadrennial election under section 23(3), the capped expenditure period for the quadrennial election starts on a day prescribed by regulation for this subsection.

(3)The capped expenditure period, for an election, ends at 6p.m. on the later of—

(a)the polling day for the election; or

(b)if the poll at a polling booth for an election is adjourned under section 52A(3) or 53(1)—the day the adjourned poll is held.

(4)Subsection (3)(b) applies despite section 53(6).

s 123A ins 2023 No. 8 s 41

123BExpenditure caps for participants

A participant’s expenditure cap for an election is the amount mentioned in subdivision 2, 3, 4 or 5 for the participant for the election.

s 123B ins 2023 No. 8 s 41

123CHow expenditure caps apply in local government areas and divisions

(1)This section provides for how an expenditure cap for an election applies or is worked out for this division in relation to a participant in the election other than a third party that is not registered for the election.

(2)If the election is a quadrennial election, an expenditure cap for the election applies, and is worked out, separately for each local government area.

Example—

A registered political party endorses 2 candidates, X and Y, in local government A and 1 candidate, Z, in local government B for a quadrennial election. An expenditure cap would apply and be worked out for the party and candidates X and Y in relation to local government A for the election. Also, an expenditure cap would apply and be worked out for the party and candidate Z in relation to local government B for the election.

(3)If the election is a fresh election, an expenditure cap for the election applies separately for each local government area.

(4)If the election is a by-election to fill a vacancy in the office of mayor of a local government, an expenditure cap for the election applies for the local government’s area.

(5)If the election is a by-election to fill a vacancy in the office of a councillor (other than mayor), an expenditure cap for the election applies separately for each local government area or, for a local government area that is divided, each division of the area.

(6)An expenditure cap that applies for 1 local government area or a division of a local government area under this section can not be aggregated with an expenditure cap that applies for another local government area or division.

s 123B ins 2023 No. 8 s 41

pt 6 div 4 sdiv 2 hdg ins 2023 No. 8 s 41

123DIndividual candidates for mayor

(1)This section applies for an individual candidate for election as mayor of a local government.

(2)If the local government is the Brisbane City Council, the individual candidate’s expenditure cap for the election is $1.3m.

(3)For a local government other than the Brisbane City Council, the individual candidate’s expenditure cap for the election is—

(a)if the number of enrolled electors for the election is not more than 30,000—$30,000; or

(b)if the number of enrolled electors for the election is more than 30,000 but not more than 150,000—the amount worked out by—

(i)multiplying the number of enrolled electors for the election by $1; and

(ii)rounding the result to the nearest $10 (rounding one-half upwards); or

(c)if the number of enrolled electors for the election is more than 150,000 but not more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—

      where—

A is $150,000.

B is $0.50.

C is the number of enrolled electors for the election.

D is 150,000.

E is the expenditure cap; or

(d)if the number of enrolled electors for the election is more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—

      where—

E is the expenditure cap.

F is $175,000.

G is $0.25.

H is the number of enrolled electors for the election.

I is 200,000.

(4)However, if a monetary amount stated in subsection (2) or (3) has been adjusted under section 123Q, the monetary amount is the amount most recently published by the electoral commission under section 123Q(6).

s 123D ins 2023 No. 8 s 41

123EIndividual candidates for councillor (other than mayor)

(1)This section applies for an individual candidate for election as a councillor, other than mayor, of a local government.

(2)If the local government is the Brisbane City Council, the individual candidate’s expenditure cap for the election is $55,000.

(3)For a local government other than the Brisbane City Council, the individual candidate’s expenditure cap for the election is—

(a)if the number of enrolled electors for the election is 20,000 or less—$15,000; or

(b)if the number of enrolled electors for the election is more than 20,000 but less than 40,000—the amount worked out by—

(i)multiplying the number of enrolled electors for the election by $0.75; and

(ii)rounding the result to the nearest $10 (rounding one-half upwards); or

(c)if the number of enrolled electors for the election is 40,000 or more—$30,000.

(4)However, if a monetary amount stated in subsection (2) or (3) has been adjusted under section 123Q, the monetary amount is the amount most recently published by the electoral commission under section 123Q(6).

s 123E ins 2023 No. 8 s 41

pt 6 div 4 sdiv 3 hdg ins 2023 No. 8 s 41

123FAmount of expenditure cap—general

(1)This section applies to—

(a)a registered political party that endorses 1 or more candidates in an election; and

(b)each candidate who is, at any time during the capped expenditure period for the election, endorsed by the party for the election (each an endorsed candidate).

(2)The expenditure cap for the registered political party, and each endorsed candidate, for the election is the sum of the individual capped amounts for each of the endorsed candidates, up to the maximum amount for the election.

(3)The expenditure cap under this section is shared by the registered political party and each endorsed candidate.

(4)In this section—

individual capped amount, for a candidate endorsed by a registered political party for an election, means the amount that would be the candidate’s expenditure cap under subdivision 2 if the candidate were an individual candidate.

s 123F ins 2023 No. 8 s 41

123GNew endorsement of candidate

(1)This section applies if, during the capped expenditure period for an election, a person becomes a candidate who is endorsed by a registered political party for the election.

(2)For this division, electoral expenditure previously incurred by the person during the capped expenditure period is taken to have been incurred by the person as a candidate endorsed by the registered political party for the election.

(3)This section applies subject to sections 123H(3) and 123K(3).

s 123G ins 2023 No. 8 s 41

123HEnding of endorsement of candidate

(1)This section applies if, during the capped expenditure period for an election, a candidate who is endorsed by a registered political party (the relevant party) for the election stops being endorsed by the party for the election.

Examples—

•the relevant party withdraws its endorsement of the candidate

•the candidate withdraws their agreement to the candidate’s nomination under section 30

(2)The ending of the endorsement by the relevant party of the previously endorsed candidate for the election is the relevant event.

(3)For this division, electoral expenditure that was incurred by the previously endorsed candidate during the capped expenditure period before the relevant event occurred is taken to have been incurred by the relevant party.

(4)Despite section 123F, the expenditure cap for the relevant party, and each continuing candidate, for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—

      where—

A is the greater of—

(a)the amount of the expenditure cap under section 123F for the relevant party, and each candidate who was endorsed by the party, for the election immediately before the relevant event occurred; or

(b)the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.

B is the amount of the previously endorsed candidate’s expenditure cap as an individual candidate for the election under subsection (7).

E is the expenditure cap.

(5)However, the expenditure cap for the relevant party, and each continuing candidate for the election, can not be more than the maximum amount for the election.

(6)The expenditure cap under subsection (4) is shared by the relevant party and each continuing candidate.

(7)Despite subdivision 2, the previously endorsed candidate’s expenditure cap as an individual candidate for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—

      where—

B is the expenditure cap.

C is the amount that would otherwise be the candidate’s expenditure cap for the election under subdivision 2.

D is the greater of—

(a)the amount of the expenditure cap under section 123F for the relevant party, and each candidate who was endorsed by the party, for the election immediately before the relevant event occurred; or

(b)the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.

F is the amount of the electoral expenditure incurred, by the relevant party and each candidate who was endorsed by the party, during the capped expenditure period for the election before the relevant event occurred.

(8)In this section—

continuing candidate, in relation to the relevant party, means a candidate who is endorsed by the party for the election immediately after the relevant event occurs.

s 123H ins 2023 No. 8 s 41