QueenslandLocalGovernmentElectoralAct2011Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheLocalGovernmentElectoral(ImplementingStage1ofBelcarra)andOtherLegislationAmendmentBill2018.Thisindicativereprinthasbeenpreparedforinformation only—it is not an
authorised reprint of the Act.The
point-in-time date for this indicative reprint is the introduction
date forthe Local Government Electoral (Implementing
Stage 1 of Belcarra) andOther Legislation Amendment Bill 2018—6
March 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 1
Preliminary[s 1]Local Government
Electoral Act 2011Part 1Preliminary1Short
titleThis Act may be cited as theLocal Government Electoral Act2011.2Commencement(1)Part12,division4,otherthansections 224,228and236,commences on 1
September 2011.(2)The following provisions commence on a
day to be fixed byproclamation—•part
12, divisions 2, 3, 11, 12, 14 and 16•sections 315 and 342.3Purposes of ActThe purposes of
this Act are to—(a)ensurethetransparentconductofelectionsofcouncillors of Queensland’s local
governments; and(b)ensureandreinforceintegrityinQueensland’slocalgovernments, including, for example, by
minimising therisk of corruption in relation to—(i)the election of councillors;
and(ii)the good
governance of, and by, local government.4DefinitionsThe dictionary
in the schedule defines particular words usedin this
Act.Current as at [Not applicable]Page
11
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 1 Preliminary[s 5]5Particular references in this
ActIn a provision of this Act about an
election—(a)a reference to the returning officer
is a reference to thereturning officer for the election;
and(b)a reference to an assistant returning
officer is a referenceto an assistant returning officer for
the election; and(c)areferencetoanissuingofficerisareferencetoanissuing officer for the election;
and(d)a reference to polling day is a
reference to polling dayfor the election; and(e)a reference to the nomination day is a
reference to thenomination day for the election; and(f)areferencetoaballotpaperisareferencetoaballotpaper for the
election; and(g)a reference to a candidate is a
reference to a candidatefor the election; and(h)a reference to a nominee is a
reference to a nominee forthe election; and(i)areferencetothemayororanothercouncillorisareference to the mayor or other
councillor of the localgovernment for which the election is
held; and(j)a reference to a local government is a
reference to thelocal 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 localgovernment area
includes a reference to a ward of Brisbane.(2)In
this section—ward,ofBrisbane,meansoneof26divisionsofthelocalgovernment area
of the Brisbane City Council established forthe election of
councillors or a councillor.Page 12Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 1
Preliminary[s 7]7Meaning ofconclusionof local
government election(1)Theconclusionof the election
of a councillor is—(a)ifthecouncilloriselectedatanelectionofallcouncillors of the local
government—the day on whichthe last
declaration of a poll conducted in the election isdisplayedattheofficeofthereturningofficerundersection
100(2)(a); or(b)if the councillor is elected at a
by-election and—(i)apollisconducted—thedayonwhichthedeclaration of the poll is displayed at the
office ofthe returning officer under section
100(2)(a); or(ii)apollisnotconducted—thedayafterthenomination day for the by-election;
or(c)if,becausethenumberofcandidatesnominatedforelectionisthesameorlessthanthenumberofcouncillors to be elected, the councillor is
elected (otherthan at a by-election) and—(i)1ormorepollsareconductedinthelocalgovernmentarea—thedayonwhichthelastdeclarationofapollconductedinthelocalgovernmentareaisdisplayedattheofficeofthereturning officer under section
100(2)(a); or(ii)nopollisconductedinthelocalgovernmentarea—6p.m. on
the day that a poll would otherwisehave been
required to be conducted under this Act.(2)In
this section—declaration, of a poll,
means the declaration by the electoralcommission of
the result of the poll under section 100(1).Current as at
[Not applicable]Page 13
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 2 Administration[s 8]Part
2AdministrationDivision 1Electoral commission8Additional functions and powers of electoral
commissionForthepurposeofthisAct,thefunctionsoftheelectoralcommissionincludeconductingquadrennialelections,by-elections or
fresh elections for local governments.Division 2Electoral officers for localgovernment elections9Returning officers(1)Thereturningofficerforanelectionisresponsiblefortheproper conduct of the election.(2)Theelectoralcommissionmayappointapersonasthereturning officer for an
election.(3)Apersonmustnotbeappointedundersubsection (2)iftheperson is—(a)a
minor; or(b)a member of a political party;
or(c)the chief executive officer of the
local government forwhich the election is to be
held.(4)Despitesubsection
(3)(c),theelectoralcommissionmayappoint the chief executive officer of the
local government asthe returning officer if—(a)the chief executive officer is not a
member of a politicalparty; and(b)the
electoral commission considers the chief executiveofficer is the only person with experience
in conductingPage 14Current as at
[Not applicable]
Local
Government Electoral Act 2011Part 2
Administration[s 10]elections who is
reasonably available to be appointed asthe returning
officer.(5)The returning officer must comply with
a direction given bytheelectoralcommissionfortheproperconductoftheelection.Notauthorised—indicativeonly10Assistant returning officers(1)Anassistantreturningofficerisresponsibleforhelpingthereturningofficerinperformingthereturningofficer’sresponsibilities under this Act.(2)Theelectoralcommissionmayappointapersonasanassistant returning officer for an
election.(3)Apersonmustnotbeappointedundersubsection (2)iftheperson is—(a)a
minor; or(b)a member of a political party.(4)Theelectoralcommissionmayappoint1ormoreassistantreturning officers for an election.11Presiding officers(1)A
presiding officer at a polling booth is responsible for theproper conduct of a poll at the polling
booth and for carryingouttheotherdutiesforanelectionthatarerequiredbythereturning officer.(2)The
returning officer—(a)may be presiding officer at a polling
booth; and(b)mustappointapersonaspresidingofficerateachpolling booth
other than the booth at which the returningofficer is the
presiding officer.(3)If a person can not act as presiding
officer at a polling booth,thereturningofficer,orsomeoneelsewiththereturningofficer’sapproval,mayappointanotherpersonaspresidingofficer at the
booth while the person can not act.Current as at
[Not applicable]Page 15
Local
Government Electoral Act 2011Part 2
Administration[s 12](4)Anappointmentundersubsection (2)or(3)mustbeintheapproved
form.Notauthorised—indicativeonly12Issuing
officers(1)Anissuing
officeris responsible for—(a)givingballotpapersanddeclarationenvelopestoelectors; and(b)performingtheotherdutiesforanelectionthatarerequired by the returning officer.(2)AnissuingofficermustbeamemberofthestaffoftheelectoralcommissionmentionedintheElectoralAct1992,section 29.13Membership of a political party ends
particularappointments(1)Aperson’sappointmentasareturningofficerorassistantreturning
officer ends if the person becomes a member of apolitical party.(2)Subsection (1)doesnotlimitthewaysinwhichaperson’sappointmentasareturningofficerorassistantreturningofficer may end.14Obligation to notify of membership of a
political partyAreturningofficerorassistantreturningofficermustimmediatelynotifytheelectoralcommissioniftheofficerbecomes a member
of a political party, unless the person has areasonable
excuse.Maximum penalty—40 penalty units.15Returning officer may act through
other officersIf—(a)the returning
officer may, under this Act, do a thing; andPage 16Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 2
Administration[s 16](b)thereturningofficerauthorisesanassistantreturningofficer,presidingofficerorissuingofficertodothething; and(c)theassistantreturningofficer,presidingofficerorissuing officer does the thing;the
thing is taken to have been done by the returning officer.Examples—1Foranelection,ifthereturningofficerauthorisesanassistantreturningofficertoconducttheelectioninadivision,andtheassistant returning officer does so,
the returning officer is taken tohave conducted
the election in the division.2Foranelection,ifthereturningofficerauthorisesanassistantreturning
officer to carry out the functions of the returning officerunder section 95, and the assistant
returning officer carries out thefunctions, the
returning officer is taken to have carried out thefunctions.3Under section 72, declaration envelopes are
to be posted or givento the returning officer. For an
election, the returning officer couldauthorise an
issuing officer to receive declaration envelopes, toremove the declaration envelopes containing
the ballot papers fromthe return address envelopes and place
the declaration envelopes ina ballot
box.16Assistant returning officer may act
through other officersIf—(a)an
assistant returning officer may, under this Act, do athing; and(b)theassistantreturningofficerauthorisesapresidingofficer 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 returningofficer.Current as at
[Not applicable]Page 17
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 3 Voters rolls and register of special
postal voters[s 17]Part 3Voters rolls and register ofspecial postal votersDivision 1Voters rolls17Returning officer must compile voters
roll(1)The returning officer for an election
must compile a roll ofpersons entitled to vote at the
election (thevoters roll).(2)Thevotersrollmustconsistofthepersonsenrolledonanelectoral roll
for an electoral district, or a part of an electoraldistrict, included—(a)for
an election for all of a local government’s area—inthe
area; or(b)foranelectionforadivisionofalocalgovernment’sarea—in the
division.(3)An electoral registrar under
theElectoral Act 1992must givethereturningofficertheassistancetheofficerreasonablyrequires to
compile a voters roll for an election.18When
voters roll must be compiled(1)A
voters roll for a quadrennial election or fresh election
mustbe compiled at least 5 days, but not more
than 7 days, after thepublication in a newspaper, under
section 25(1), of notice ofthe day of the
election.(2)However, a regulation may fix a
different day for compilingthe voters roll
for a particular election.(3)Avotersrollforaby-electionmustbecompiledatleast5days,butnotmorethan7days,afterthepublicationinanewspaper,undersection 24(3),ofnoticeofthedayoftheby-election.Page 18Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 3 Voters
rolls and register of special postal voters[s 19]19Requirements of voters roll(1)A voters roll for an election
must—(a)showthenamesofallpersonsentitledtovoteattheelection; and(b)be
in the form of the electoral roll used for elections ofthe
Legislative Assembly.(2)Thevotersrollmustnotincludeanelector’saddressthat,under theElectoralAct1992, is excluded
from the publiclyavailable part of an electoral roll.20Inspection of voters roll(1)The electoral commission must ensure
the most recent versionof all voters rolls is available for
inspection by members of thepublic at the
commission’s public office.(2)Theelectoralcommissionmayalsomakeavailable,forinspection by any person, a copy of the most
recent version ofavotersrollatanyplacethatthecommissionconsidersappropriate.21Supply of voters roll to candidates(1)If a poll is to be conducted in an
election, the returning officermust give a copy
of the voters roll to each candidate as soon aspracticable
after the nomination day.(2)The electoral
commission may decide the format in which thevoters roll is
given to the candidates and direct the returningofficer to give the voters roll that
format.Division 2Register of
special postal voters21AElectoral
commission to keep register of special postalvoters(1)The electoral commission must keep, or
arrange to be kept, aregister of special postal
voters.Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
22](2)The electoral commissioner must, not
less than 18 months butnotmorethan4yearsaftertheresultofapollforaquadrennialelectionisdeclared,reviewthecontinuingeligibility 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 approvedform, whether the elector still lives at the
address shownon the voters roll; and(b)doarandomcheckofapprovedformsgiventotheelectoralcommissionunderparagraph(a)todecidewhether the
signature on each approved form checked isthe same as the
signature on the elector’s application tobe a special
postal voter mentioned in section 68(5A).(4)In
this section—relevant electormeans an elector
whose name is included inthe register of special postal voters
because of a circumstancementioned in section 68(5A)(a)(i) or
(ii).Part 4Local government
electionsDivision 1Local government
elections22Types of elections(1)An
election of the mayor of a local government is an electionfor
all of the local government’s area.(2)A
quadrennial or fresh election for a councillor (other than
themayor) 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 electionfor each division of the area.Page
20Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 23](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 forits area, or the division of its area, for
which the councillorwas elected.23Date
of quadrennial elections(1)A quadrennial
election must be held in, and every fourth yearafter,
2012.(2)A quadrennial election must be held on
the last Saturday inMarch.(3)However,aregulationmayfixadifferentdayforaquadrennial election for a particular
year.24Date of by-elections(1)A by-election to fill a vacancy in the
office of a councillor isto be held on the day fixed by the
returning officer.(2)Thedayfixedmustbewithin12weeksafterthevacancyhappens.(3)Assoonaspracticableafterfixingthedayforholdingaby-election, the returning officer
must—(a)publish, in a newspaper circulating
generally in the localgovernment area and in the other ways
that the officermay consider appropriate, notice of—(i)the day fixed; and(ii)thecut-offdayforthevotersrollfortheby-election under section 18(3);
and(b)takethestepsrequiredbythisActforholdingtheby-election.Current as at
[Not applicable]Page 21
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
25]Division 2Candidates for
local governmentelectionsSubdivision
1Nominations of candidates25Calling for nominations(1)The returning officer must publish
notice of an election in anewspaper circulating generally in the
local government area,ordivisionofthelocalgovernmentarea,forwhichtheelection is to be held.(2)The
notice must—(a)state a day as a nomination
day—(i)notlessthan8,ormorethan18,daysafterthepublication of the notice; and(ii)not less than
18, or more than 42, days before theday on which the
election is to be held; and(b)statethenominationsmustbegiventothereturningofficer;
and(c)invite nominations of
candidates.(3)The place of nomination must
be—(a)the office of the returning officer;
or(b)aplaceinthelocalgovernment’sareaconvenientgenerally to
persons in the area.26Who may be nominated(1)Apersonmaybenominatedasacandidate,orforappointment, as a councillor only if
the person is qualified tobe a councillor under the—(a)for a councillor of the Brisbane City
Council—CityofBrisbane Act 2010, section 152;
orPage 22Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 27](b)foracouncillorofanotherlocalgovernment—LocalGovernment Act 2009, section
152.(2)However,apersonwhoisacandidateforelectionasamember of an Australian Parliament,
can not be nominated forelection or appointment as a
councillor until—(a)for an election under theElectoralAct1992—the daytheelectoralcommissionisnotified,undersection 131(1) of that Act, of the candidate
elected forthe electoral district for which the person
is a candidate;or(b)for an election
under theCommonwealth Electoral Act1918(Cwlth)—(i)the day the result of the election and
the candidateselected are declared under section 283 of
that Act;or(ii)the day the
candidate elected for the division forwhich the person
is a candidate is declared undersection 284 of
that Act.(3)Toremoveanydoubt,itisdeclaredthat,apersonisnotdisqualifiedfrombeingnominatedasacandidate,orforappointment,asacouncilloronlybecausethepersonisamember of the Legislative Assembly or
a local governmentemployee.Example—A
person who is a member of the Legislative Assembly may
nominateas a candidate for election as a councillor
but must resign on becominga
candidate.27Making and certification of
nomination(1)Apersonwhowishestobeacandidateinanelectionmayonly be nominated by—(a)the registered officer of a registered
political party thathas endorsed the person as a candidate
for the election;orCurrent as at [Not applicable]Page
23
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
27](b)atleast6electorsforthelocalgovernmentarea,ordivisionofthelocalgovernmentarea,forwhichtheelection 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 tothe
nomination;(iii)if subsection
(1)(a) applies—a signed statement bytheregisteredpoliticalparty’sregisteredofficerthat
the party has endorsed the candidate; and(c)be
given to the returning officer after the nominationsareinvitedfortheelectionbutbeforenoononthenomination
day.(3)If the returning officer is satisfied
a person has been properlynominated, the returning officer
must—(a)assoonaspracticable,certifythenominationintheapproved form; and(b)give
a copy of the certificate to the person.(4)The
certificate must state the time, day and place proposed foradraw,ifnecessary,fortheorderoflistingofcandidates’names on the
ballot paper.(5)Forsubsection
(3),apersonisproperlynominatedforanelection
if—(a)subsection (2) has been complied with,
or substantiallycomplied with apart from a mere formal
defect or errorin the nomination; and(b)section 29(2) does not apply to the
nomination; and(c)section 39 has been complied with;
and(d)the nomination has not been
withdrawn.Page 24Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 28](6)Indecidingwhetherapersonisproperlynominatedforanelection, 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)documentaryevidenceproducedbythenomineeornominator that, at the time the voters roll
is compiled forthe election—(i)the
nominator is an elector for the election or theregistered
officer of a registered political party; or(ii)the
nominee is, under theElectoralAct1992, anelectorforanelectoraldistrict,orpartofanelectoraldistrict,includedinthelocalgovernment’s
area.(7)If a nomination is wrongly certified
by the returning officer,the certification is of no
effect.28Grounds for deciding a person is not
properly nominated(1)Thereturningofficermaydecidethatapersonwhohaschangedhisorhernameisnotproperlynominatedasacandidate 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 beconfused 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 likelytobeconfusedwithormistakenforthepublicbodyname; or(f)is
obscene or offensive.(2)The returning
officer may also decide that a person who haschangedhisorhernameisnotproperlynominatedasacandidate in an
election if the returning officer considers thename could cause
confusion.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
28]Example of subsection (2)—If a
person’s name is ‘Informal’, the returning officer may consider
thatthe name could cause confusion to
electors.(3)If the returning officer decides under
this section that a personis not properly nominated as a
candidate in an election, thereturning
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
namemeans the name proposed by a candidate
tobeusedonaballotpaperasthecandidate’snameundersection
55(2).parliamentary partymeans an
organisation—(a)whoseobjectoractivity,or1ofwhoseobjectsoractivities,isthepromotionoftheelectiontoanAustralianparliamentofacandidateorcandidatesendorsed by it
or by a body or organisation of which itforms a part;
and(b)of which at least 1 member is a member
of an Australianparliament.party
namemeans the name, or an abbreviation or
acronym ofthe name of—(a)a
parliamentary party; or(b)a political
party; or(c)an organisation or group whose object
or activity, or 1 ofwhoseobjectsoractivities,isthepromotionoftheelection of a candidate or candidates
endorsed by it orby a body or organisation of which it forms
a part to—(i)an Australian parliament; orPage
26Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 29](ii)an
office of councillor of a local government.publicbodynamemeansthename,oranabbreviationoracronym of the name, of a prominent public
body.29Effect of multiple nominations(1)A person can not, at the same time, be
a candidate for electionas—(a)mayor of a local government and as another
councillorof the same local government; or(b)acouncillorofalocalgovernmentformorethan1division of the local government’s
area.(2)If, at noon on the nomination day, a
person is nominated as acandidateincontraventionofsubsection (1),eachofthenominations is
of no effect.30Withdrawal of consent to
nomination(1)Apersonnominatedasacandidateinanelectionmaywithdraw the person’s agreement to the
nomination by signednoticegiventothereturningofficerbeforenoononthenomination 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 whopaid
the deposit.32Announcement of nominations(1)As soon as practicable after the
returning officer has certifiedthenominationofapersonforanelectionundersection 27(3)(a), the returning officer must
display a copy ofthe nomination in a conspicuous position at
the office of thereturning officer.Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
33](2)The display of a copy of the
nomination must continue untilthe conclusion
of the election.33Death of candidateIf a person
nominated as a candidate in an election dies beforenoon
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 theperson—the other
person; or(ii)otherwise—the
person’s personal representative.34Procedure if number of candidates not more
than numberrequired(1)Ifthenumberofcandidatesproperlynominatedforanelection 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 afterthenominationday,publishanoticeintheapprovedforminanewspapercirculatinggenerallyinthelocalgovernmentarea,ordivisionofthelocalgovernmentarea,forwhichtheelectionwastobeheld,thatthenominees are taken to have been
elected.(2)If—(a)no-one is nominated as a candidate in an
election; or(b)thenumberofcandidatesnominatedislessthanthenumber required to be elected;the
proceedings for the election must start again.(3)However,ifproceedingsfortheelectionhavepreviouslystartedagainundersubsection (2),theGovernorinCouncilmay,bygazettenotice,appointascouncillorsofthelocalPage 28Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 35]government,thenumberofpersonsnecessarytoconstitutefully the local
government.(4)Each person appointed under subsection
(3) must be qualifiedto be elected as a councillor of the
local government for thelocalgovernmentarea,ordivisionofthelocalgovernmentarea, for which
the election was to be held.(5)Persons appointed under subsection (3) are
taken to have beenproperlyelectedascouncillorsofthelocalgovernmentforwhich they are appointed.(6)Ifproceedingsforanelectionarestartedagainundersubsection
(2)—(a)the deposits of the candidates must be
refunded to thepersons who paid the deposits; and(b)the electoral commission must, by
gazette notice, fix anew polling day for the
election.35Procedure if number of candidates
exceeds numberrequired(1)Ifthenumberofcandidatesproperlynominatedforanelectionexceedsthenumberrequiredtobeelected,apollmust be
conducted under this part.(2)The returning
officer must give public notice that a poll willbe
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 forelection in the
order decided under section 57; and(iii)thelocationofallordinarypollingboothstobeused for taking the ballot in the
poll; and(iv)thattheordinaryvotinghoursarefrom8a.m.to6p.m; andCurrent as at
[Not applicable]Page 29
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
36](c)be displayed in a conspicuous position
at the office ofthe returning officer; and(d)be published in a newspaper
circulating generally in thelocalgovernmentarea,ordivisionofthelocalgovernment area,
for which the poll will be conducted.(4)Display of a notice under subsection (3)(c)
must—(a)start as soon as practicable after
noon on the nominationday; and(b)continue until the close of the poll.36Procedure on death of candidate when
poll to beconducted(1)If a
poll is to be conducted and a candidate dies after noon onthenominationdaybutbeforethepollingdayforanelection—(a)foracandidateformayor—theproceedingsfortheelection of the mayor must start
again; and(b)for a candidate for councillor (other
than mayor) if thelocal government’s area is undivided—the
proceedingsfor the election of the councillors must
start again; and(c)for a candidate for councillor (other
than mayor) for adivision of a local government’s area—the
proceedingsfor the election of councillors for the
division must startagain.(2)Also, the Minister may, by gazette notice,
direct that—(a)ifsubsection
(1)(a)applies—allproceedingsfortheelectionofcouncillorsofthelocalgovernmentstartagain; or(b)if
subsection (1)(b) applies—proceedings for holding anelectionofthemayorofthelocalgovernmentstartagain; or(c)if
subsection (1)(c) applies—Page 30Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 37](i)proceedings for holding an election of the
mayor ofthe local government start again; and(ii)proceedings for
the election of councillors for theother divisions
of the local government start again.(3)The
deceased candidate’s deposit must be refunded to—(a)ifthedepositwaspaidbysomeoneotherthanthecandidate—the other person; or(b)otherwise—the candidate’s personal
representative.(4)Thedepositsofothercandidatesmustberefundedtothepersons who paid the deposits.(5)If proceedings for an election are
started again, the electoralcommission must,
by gazette notice, fix a new polling day forthe
election.37If successful candidate diesIf a
candidate who is successful at an election dies before thefinalresultofthepollisdeclared,thecandidatemustbedeclaredelectedtotheofficeforwhichthepersonwasacandidate.Note—The
effect of this section would be that a new vacancy exists in
theoffice of the councillor.38Extension of times(1)This
section applies if a returning officer publishes—(a)notice of a nomination day under
section 25; or(b)noticeofthedayapollwillbeconductedundersection 35.(2)The
electoral commission may, by gazette notice, fix a laterday
as the nomination day or polling day if the day is likely tobe
affected by an emergency.Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
39](3)Iftheelectoralcommissionfixesalaterdayundersubsection (2),
the returning officer—(a)may give any
necessary directions to candidates, and toelectors, about
the procedures to be followed; and(b)mustpublishanoticedetailingthedirectionsinanewspaper circulating generally in the
local governmentarea, or division of the local government
area, for whichthe election is to be held.Subdivision 2Deposits
accompanying nomination39Deposit to
accompany nomination(1)Atthesametimeasanominationisgiventothereturningofficerundersection
27,thenominee,oranotherpersononbehalf of the nominee, must deposit
$250 with the returningofficer.(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.40Disposal of deposits generally(1)Assoonaspracticableaftertheconclusionofanelection,each candidate’s
deposit must be refunded to the person whopaid the deposit
if—(a)the candidate is elected; or(b)ifthesystemofvotingattheelectionisoptional-preferentialvoting—thenumberofformalfirst-preference
votes received by the candidate is morethan 4% of the
total number of formal first-preferencevotes cast in
the election; orPage 32Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 41](c)ifthesystemofvotingattheelectionisfirst-past-the-postvoting—thenumberofformalvotesreceived by the candidate is more than 4% of
the totalnumber of formal votes cast in the
election.(2)If a deposit is to be refunded to a
person, it may be refunded tosomeone else
with the written authority of the person.(3)Allothercandidates’depositsbecomethepropertyoftheStatewhentheoutcomeoftheelectionisdecidedunlesssection 30, 33 or 36 applies.Subdivision 3Recording of
membership andagents for group of candidates41Record of membership in group of
candidates(1)This section applies to a group of
candidates in an election.(2)The group must
give a record of the membership of the groupto the returning
officer after the candidates in the group arenominated for
the election but before noon on the last day forthe
receipt of nominations for candidates in the election.(3)The record must—(a)be
in the approved form; and(b)state the name
of the group; and(c)state the names of the candidates who
are the membersof the group; and(d)besignedbyeachofthecandidateswhoarethemembers of the
group.(4)As soon as practicable after the
returning officer receives therecord, the
returning officer must ensure a copy of the recordis
displayed at the office of the returning officer.Current as at [Not applicable]Page
33
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
42]42Appointment of agent for group of
candidates(1)A group of candidates in an election
must appoint an adult asan agent for the group for the
election.(2)The instrument appointing the agent
must—(a)be in the approved form; and(b)state the name and address of the
person appointed asagent; and(c)besignedbyeachofthecandidateswhoarethemembers of the
group; and(d)be signed by the person appointed as
agent, and includeor be accompanied by—(i)the
person’s signed agreement to being appointedas the group’s
agent; and(ii)the person’s
signed declaration that the person iseligible to be
appointed as the group’s agent.(3)A
copy of the instrument appointing the agent must be givento
the returning officer at the same time the record is given
tothe returning officer under section
41.43Register of group agents(1)Thereturningofficermustkeeparegister(theregisterofgroupagents)thatrecordsthenameandaddressofeachperson who is
appointed as the agent for a group of candidatesin
an election.(2)The appointment of an agent for a
group of candidates—(a)is not effective
under this Act until the appointment hasbeen recorded in
the register of group agents; and(b)ceasestobeeffectivewhentheperson’snameisremoved from the register.(3)The name of a person may be removed
from the register onlyif—Page 34Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 44](a)the
person gives the returning officer a written notice,signed by the person, stating that he or she
has resignedthe appointment as agent; or(b)thegroupofcandidatesgivesthereturningofficerawrittennotice,signedbyallmembersofthegroup,statingthatthepersonhasceasedtobethegroup’sagent.(4)If
the name of a person is removed from the register undersubsection (3), the group of candidates may,
under section 42,appoint another agent.(5)If
no agent is currently recorded for a group of candidates intheregisterofgroupagents,allobligationsunderthisActapplying to an agent (including liability
for any offence) applytoeachmemberofthegroupofcandidatesasifeachcandidate was
the agent for the group.Division 3Arrangements for
local governmentelectionsSubdivision
1Polls by ballots44Poll
by ballotA poll must be conducted by ballot taken
under this part.45Direction that poll be conducted by
postal ballot(1)A local government may apply to the
Minister for a poll to beconductedbypostalballotifthelocalgovernment’sareaincludes a large rural sector, large remote
areas or extensiveisland areas.(2)Theapplicationmustbemadebefore1Julyintheyearpreceding a
quadrennial election or a later day approved bythe
Minister.Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
46](3)TheMinistermustdecidetoapproveornottoapprovetheapplication.(4)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.(5)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)publishdetailsoftheapprovalinanewspapercirculatinggenerallyinthepartofthelocalgovernment’s area.(6)Decisions of the Minister under subsection
(3) are not subjectto appeal.Subdivision
2Polling booths46Kinds
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)Anordinary polling
boothis a building or other structure, ora
part of a building or other structure, that the returning
officerfor an election arranges to be available on
polling day for theelection to enable electors in general to
vote.(3)Amobile polling
boothis—Page 36Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 47](a)all
or part of an institution made available as a mobilepolling booth under section 49(1); or(b)all or part of a place made available
as a mobile pollingbooth under section 49(2).(4)Apre-polling
boothmeans a place arranged under section
50as a polling booth for electors to cast a
pre-poll vote.47Polling booths—general(1)The returning officer for an
election—(a)mayarrangeforapollingboothwithinoroutsidethelocalgovernmentarea,ordivisionofthelocalgovernment area,
to be used for the election; and(b)may
arrange for 2 or more polling booths at any place ifthenumberofelectorslikelytovoteattheplaceisgreater than could conveniently vote in 1
booth at theplace; and(c)mustensurethateachpollingboothisprovidedwithenoughballotboxes,ballotpapersandmaterialstoenable electors to mark the ballot
papers.(2)A place on or from which liquor may
lawfully be sold can notbe used as a polling booth.(3)However, a civic or cultural centre,
community hall or similarplace under a local government’s
control, may be used as apolling booth if—(a)the
floor area for taking the ballot is designated in thepolling notice; and(b)the
local government ensures that no liquor will be soldor
supplied in that area during the taking of the ballot.(4)The returning officer may arrange for
all polling booths, oronly particular polling booths, for an
election to be used forany other election conducted at the
same time for the one localgovernment
area.Current as at [Not applicable]Page
37
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
48]48Provision of ordinary polling
booths(1)For taking a ballot in an election,
the returning officer mustarrange for places, or parts of
places, to be used on polling dayasordinarypollingboothstoenableelectorsingeneraltovote.(2)The
returning officer may—(a)lessthan3daysbeforepollingday,arrangeforanordinary polling booth to be used;
or(b)less than 6 days before polling day,
cancel arrangementsfor the use of an ordinary polling
booth;only if it is necessary because of
circumstances beyond thereturning officer’s control.(3)If, after publication of the polling
notice, the returning officerarranges for the
use of an ordinary polling booth, the officermust also
publish notice—(a)of the location of the booth;
and(b)thattheordinaryvotinghoursofthebootharefrom8a.m. to
6p.m.(4)If the returning officer cancels
arrangements for the use of anordinary polling
booth, the officer must also publish notice ofthe
cancellation.(5)Thenoticeundersubsection
(3)or(4) is to be given in theway
the returning officer considers is the best way to informelectors generally.49Declaration of mobile polling booths(1)If the returning officer is satisfied
patients or residents of aninstitution
should be able to vote at the institution in a poll, thereturning officer may arrange for all or
part of the institutionto be available as a mobile polling
booth to enable the patientsor residents to
vote there in the poll.(2)Ifthereturningofficerissatisfiedapartofthelocalgovernment area
or division of the local government area doesnothaveenoughelectorstojustifytheuseofanordinaryPage 38Current as at [Not applicable]
Local
Government Electoral Act 2011Part 4 Local
government elections[s 49]Notauthorised—indicativeonlypolling booth, the returning officer may
arrange for any placein the part to be available as a
mobile polling booth to enableelectors in the
part to vote in the poll.(3)Ifthereturningofficeractsundersubsection (1)or(2),theofficer must—(a)fix
the times, during the period starting 11 days beforethe
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
in a newspaper circulating generally inthe relevant
part of the local government area—(i)declaring all or part of the institution or
the placeas a mobile polling booth for the election;
and(ii)stating the
times at which votes may be cast at thebooth.(4)If the returning officer arranges a
place to be available as amobilepollingboothundersubsection (2),thereturningofficermaychangethearrangementsmadeforthemobilepolling booth under subsection (3) at any
time.(5)Ifthearrangementsarechangedundersubsection (4),thereturningofficermusttakethestepsthatarepracticalandappropriate to give public notice of the
changed arrangements.(6)The returning
officer must give written notice to candidates ofthe
declaration of the mobile polling booth, the times at whichvotesmaybecastatthebooth,andanychangetothearrangements under subsection
(4).(7)On the declaration of a mobile polling
booth, the patients orresidentsoftheinstitutionwhoareelectors,orelectorsresident in the
part of the local government area in which themobilepollingboothissituated,mayvoteattheboothduring—(a)thetimesstatedfortheboothinthenoticepublishedunder subsection (3)(b); or(b)if the times have been changed under
subsection (4)—the changed times.Current as at
[Not applicable]Page 39
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
50]50Declaration of pre-polling
booths(1)The returning officer must arrange at
least 1 of the followingplaces as a polling booth for an
election to enable electors tocast a pre-poll
vote—(a)the public office, or a part of the
public office, of thelocal government for which the
election is to be held;(b)another office
used by the local government to receiverate
payments;(c)another convenient place in the local
government’s area.(2)Also, the returning officer
must—(a)fix the times, during the period
starting 14 days beforethepollingdayandendingat6p.m.onthedayimmediately
before polling day, when the polling boothmay be used for
voting; and(b)publish a notice in a newspaper
circulating generally inthe local government’s area—(i)declaringtheplaceasapollingboothfortheelection to
enable electors to cast a pre-poll vote;and(ii)stating the
times at which votes may be cast at thebooth.(3)The returning officer may also publish
the notice in any otherway the returning officer considers
appropriate.(4)The returning officer must give
written notice to candidates ofthedeclarationofthepollingboothandthetimesatwhichvotes may be
cast at the booth.51Duty of person in charge of
institution(1)If the returning officer arranges for
all or part of an institutionto be used as an
ordinary polling booth for an election, thepersoninchargeoftheinstitutionmustallowelectorsandissuing officers to have access to the
booth whenever votesmay be cast at the booth.Page
40Current as at [Not applicable]
Local
Government Electoral Act 2011Part 4 Local
government elections[s 52](2)If
the returning officer declares all or part of an institution as
amobile polling booth for an election, the
person in charge oftheinstitutionmustallowpatientsorresidentsoftheinstitutionandissuingofficerstohaveaccesstotheboothwhenever votes may be cast at the
booth.Notauthorised—indicativeonly52Privacy for electors casting votes at
polling boothsThe returning officer must ensure that each
polling booth foran election is provided with enough voting
compartments, orother suitable facilities, to allow the
casting of votes in private.53Adjournment of poll(1)A
returning officer may adjourn the poll at a polling booth ifthe
taking of the poll is, or is likely to be, interrupted by anemergency.(2)The
presiding officer for a polling booth may adjourn the pollat
the polling booth if the taking of the poll is, or is likely
tobe, interrupted by an emergency.(3)If a poll is adjourned under
subsection (1) or (2), the returningofficer must fix
a day (no later than 34 days after the day onwhichthepollisadjourned)forconductingtheadjournedpoll.(4)The returning officer must publish
notice of the day fixed—(a)in a newspaper
circulating generally in the relevant partof the local
government area; and(b)inotherwaysthereturningofficerconsidersappropriate.Subdivision
3Ballot boxes, ballot papers andother documents54Ballot boxes generally(1)A
ballot box used in a poll must—Current as at
[Not applicable]Page 41
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
55](a)have an opening of a size adequate to
allow folded ballotpapers and declaration envelopes to be put
in the box;and(b)be under the
scrutiny and effective control of an issuingofficer.(2)Issuing officers, candidates and
scrutineers for the poll, mayinspectaballotboxbeforetheboxislockedorsealedforreceipt of ballot papers.55Ballot papers(1AA)The
electoral commission must ensure a sufficient number ofballotpaperscomplyingwithsubsection (1)areprintedandavailabletothereturningofficerfordistributionundersection 58.(1)A
ballot paper, other than a completed ballot paper printed
foran electronically assisted vote,
must—(a)be of material that, when folded, the
vote recorded on itis effectively concealed; and(b)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 easilydetached from
the butt; and(iii)isnumberedinregulararithmeticalsequence,startingwiththenumeral1andproceedingbyintervals of one whole numeral, so that each
buttforthelocalgovernmentarea,ordivisionofthelocalgovernmentarea,forwhichthepollisconducted has a unique number; and(c)showthenameofeachcandidateasrequiredbysubsection (2); and(d)if
the names of 2 or more candidates are so similar as tobelikelytocauseconfusiontoelectors—containanappropriatedescriptionoraddition,inthereturningofficer’s
opinion, to distinguish the persons’ names; andPage 42Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 56](e)ifacandidateendorsedbyapoliticalpartywasnominatedundersection 27(1)(a)—contain,printedadjacent to the
candidate’s name—(i)iftheregisterofpoliticalpartiesincludesanabbreviationoftheparty’sname—theparty’sabbreviated
name; or(ii)otherwise—theparty’sfullnameincludedintheregister; and(f)if a
candidate is a member of a group of candidates—contain,printedadjacenttothecandidate’sname,thename of the group.(2)The
name of a candidate must be shown on a ballot paper towhich subsection (1) applies—(a)only once by showing first the surname
followed by thegiven name or names of the candidate;
and(b)in the order decided under section
57.(2A)A completed
ballot paper printed for an electronically assistedvotemustbeofasizeorformatthatenablestheelector’selectronically
assisted vote to be accurately determined.(3)A
ballot paper must not contain the name of anyone who isnot
a candidate.56Ballot papers for separate
polls(1)This section applies if a poll for
election of mayor of a localgovernmentistobeconductedwhenapollforelectionofanother councillor of the local government
is conducted.(2)The returning officer may decide to
use separate ballot papersor combined ballot papers for the
poll.57Order of candidates’ names on ballot
papers(1)Theorderthenamesofcandidatesinanelectionaretobelistedonballotpapersandpollingnoticesistobedecidedunder this
section.Current as at [Not applicable]Page
43
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
58](2)The order must be decided by the
returning officer as soon aspracticable
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 ofpaper; and(b)ensurethateachpieceofpaperisofthesamekind,shape, size and
colour; and(c)put each separate piece of paper in a
separate envelopeand, if it is necessary to fold the piece of
paper to makeitfitintheenvelope,foldeachpieceofpaperinthesame way to make each the same size
and thickness; and(d)ensurethateachenvelopeisopaqueandofthesamekind, shape, size and colour; and(e)after each piece of paper has been
placed in an envelope,seal the envelope; and(f)putalltheenvelopesinacontainerandshufflethem;and(g)draw out the
envelopes, 1 at a time; and(h)as
each envelope is drawn out, open it and note the nameofthecandidateshownonthepieceofpaperintheenvelope.(4)The
order in which the names are noted is the order in whichthe
names are to appear on the ballot paper and polling notice.(5)Thereturningofficermustallowanycandidate,ortherepresentative of a candidate, to be
present when the order ofcandidates’ names is decided.58Distribution of ballot papers and
voters roll(1)The returning officer must ensure an
adequate number of thefollowing are available at polling
booths for an election—(a)ballot
papers;(b)certifiedcopiesofthevotersrollforeachelectoraldistrict (as at the cut-off day for the
voters rolls).Page 44Current as at
[Not applicable]
Local
Government Electoral Act 2011Part 4 Local
government elections[s 58]Notauthorised—indicativeonly(2)Thereturningofficermustprepareadeliverynote,intheapproved form,
in triplicate for each parcel of ballot paperssuppliedbythereturningofficertopresidingofficersatpolling booths.(3)The
approved form must—(a)showdetailsofthenumberofballotpaperssupplied;and(b)show the range of numbers of the
ballot papers; and(c)includeaformofacknowledgementofreceiptoftheballot papers.(4)Two
copies of the delivery note must be included in the parcelof
ballot papers.(5)Assoonaspracticableafterapresidingofficerreceivesaparcel of ballot papers, the officer
must—(a)checkthecontentsagainstthedetailsshowninthedelivery note;
and(b)complete the particulars prescribed by
the delivery note;and(c)signtheformofacknowledgementincludedinthedelivery
note.(6)Ifthereisadiscrepancybetweenthedetailsshowninthedeliverynoteandthecontentsoftheparcel,thepresidingofficer must
cause a countercheck to be made by—(a)if
an issuing officer is available—the issuing officer; or(b)ifanissuingofficerisnotavailable—aresponsibleperson.(7)A discrepancy confirmed by a
countercheck must be noted inthe form of
acknowledgement and the form must be signed bythe presiding
officer and person who made the countercheck.(8)The
presiding officer must return 1 copy of the delivery notetothereturningofficerandretaintheothercopyofthedelivery note
until it is given to the returning officer with thesealed parcels of ballot papers under
section 92.Current as at [Not applicable]Page
45
Local
Government Electoral Act 2011Part 4 Local
government elections[s 59]Subdivision
4ScrutineersNotauthorised—indicativeonly59Scrutineers(1)Eachcandidateforanelectionmay,bynoticegiventothereturning
officer for the election in the approved form, appoint1 or
more adults as scrutineers for the candidate.(2)Scrutineers are entitled to be present in
each polling booth attimes 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 envelopesreceivedbefore6p.m.thedaybeforethepollingday for the
election; and(b)afterwardsateachpollingboothandotherplacestoobservetheexaminationofdeclarationenvelopes,theprintingofcompletedballotpapersforelectronicallyassisted votes
and the counting of votes; and(c)at a
place to observe any part of a procedure for makingan
electronically assisted vote.(4)Forsubsections (2)and(3),thenumberofscrutineerseachcandidate is entitled to have at a polling
booth or other place is1scrutineerforeachissuingofficerpresentattheboothorplace.(5)A
scrutineer may—(a)objecttoanissuingofficer’sdecisiononaperson’sentitlement to
vote at the election; and(b)object to the
acceptance or rejection of a ballot paper bythe returning
officer or a presiding officer; and(c)recordtheidentificationdetailsgiventoanissuingofficer at a
polling booth by a person who votes at theelection at the
polling booth; andPage 46Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 63](d)remove from the polling booth the
scrutineer’s record ofidentification 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 issuingofficer, of a person voting at an election
but may not record details ofhow the person
voted at the election. See section 192(3).(6)A
scrutineer must carry adequate identification to show thatthe
person is a scrutineer.Subdivision 5Errors,
omissions or delays63Correction of errors, omissions or
delaysIfthereisanerror,omissionordelayinorrelatingtothepreparation, issue, sending or return
of any voters roll, ballotpaperorotherdocumentrelevanttotheconductofanelection,itmaybecorrectedbyagazettenoticebytheelectoral commission setting out what
is to be done.Division 4Who may
vote64Who may vote(1)The
following persons are the only persons entitled to vote atan
election—(a)persons enrolled on the voters roll
for—(i)foranelectionforallthelocalgovernment’sarea—the area;
or(ii)foranelectionforadivisionofthelocalgovernment’s
area—the division;(b)persons whose names are not on the
voters roll for thearea or division because of official
error;(c)persons who—Current as at
[Not applicable]Page 47
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
65](i)are not on the voters roll for the
area or division butareentitledundertheElectoralAct1992tobeenrolledontheelectoralrollfortheelectoraldistrict under that Act in which the area or
divisionis situated; and(ii)after the cut-off day for the poll and no
later than6p.m. on the day before the polling day,
give theelectoral commission a notice under
theElectoralAct 1992,
section 65.(2)A person is not entitled to
vote—(a)more than once at the same election;
or(b)at2ormoredivisionsofthesamelocalgovernmentarea.(3)Also, a person who is serving a
sentence of imprisonment isnot entitled to
vote at an election.Division 5How voting takes
placeSubdivision 1System of
voting65System of voting(1)The
system of voting at an election, other than an election of amayor of a local government, is—(a)for a local government area divided
into single-memberdivisions—optional-preferential voting;
and(b)in any other case—first-past-the-post
voting.(2)Thesystemofvotingatanelectionofamayorofalocalgovernment is
optional-preferential voting.66Compulsory votingVoting at an
election is compulsory for electors.Page 48Current as at [Not applicable]
Subdivision 2Local Government
Electoral Act 2011Part 4 Local government elections[s
67]Casting votesNotauthorised—indicativeonly67Ways in which to cast votes(1)In an election, other than a postal
ballot election, an electormay—(a)cast their vote at an ordinary or
mobile polling booth onpolling day (anordinary
vote); or(b)cast
their vote at a pre-polling booth before polling day(apre-poll vote); or(c)casttheirvoteusingpostedvotingpapers(apostalvote);
or(d)cast an electronically assisted
vote.(2)In a postal ballot election, an
elector must cast a postal vote.68Who
may cast votes in particular ways(1)Any
elector may cast an ordinary vote in an election, otherthan
a postal ballot election.(2)Any elector may
cast a pre-poll vote in an election, other thana postal ballot
election.(3)Any elector may cast an absentee vote
in an election, otherthan a postal ballot election, if the
local government is dividedinto
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 thepolling 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 aspecial postal
voterif—(a)the elector’s
name is included in the register of specialpostalvoterskeptundersection
21AbecauseofaCurrent as at [Not applicable]Page
49
Local
Government Electoral Act 2011Part 4 Local
government elections[s 68]Notauthorised—indicativeonlywrittenapplicationthatsatisfiestheelectoralcommission
that—(i)the elector’s address, as shown on the
voters roll atthetimetheapplicationismade,ismorethan15kmbutnotmorethan20km,bythenearestpracticable
route, from a polling booth; or(ii)theelector’saddressismorethan20km,bythenearest practicable route, from a
polling booth; or(iii)theelectorisentitledtobeenrolledasageneralpostalvoterundertheCommonwealthElectoralAct
1918(Cwlth), section 184A(2)(d) to (k);
or(b)the elector’s address has been
excluded or omitted fromtheelectoralrollunderanarrangementundertheElectoralAct1992,section 62,becauseoftheCommonwealthElectoralAct1918(Cwlth),section 104.(5B)Subject to section 75D, if a procedure about
how an electormay cast an electronically assisted vote has
been made undersection 75A,anelectormaycastanelectronicallyassistedvote
if—(a)the elector can not vote without
assistance because theelector has—(i)an
impairment; or(ii)an insufficient
level of literacy; or(b)the elector can
not vote at a polling booth because of animpairment;
or(c)the elector is a member of a class of
electors prescribedunder a regulation for this section.Examples of a class of electors—•electors whose addresses shown on the
voters roll are more than20km by the nearest practical route
from a polling booth•electors who
will not, throughout ordinary voting hours on pollingday,
be within Queensland(6)In this
section—Page 50Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 69]absenteevotemeansavotecastbyanelectoratapollingbooth in any division of a local government
area other than thedivision of the local government area for
which the elector isenrolled on the voters roll.Note—There is no
provision under this Act for electors to cast their vote at
apolling booth located in a different local
government area to the one inwhich the
elector is enrolled on the voters roll.69Who
must complete a declaration envelope(1)Anelectormustcompleteadeclarationenvelopeforanelection
if—(a)the elector is casting a postal vote;
or(b)the elector’s name is not on the
voters roll apparentlybecause of an official error;
or(c)theelectorappears,fromarecordapparentlymadeinerror, to have already voted in the
election; or(d)the elector is serving a sentence of
imprisonment on thecut-offdayforthevotersrollbutisnotservingasentenceofimprisonmentonthepollingdayfortheelection;
or(e)the elector’s address has been
excluded or omitted fromthe electoral roll—(i)because of theElectoral Act
1992, section 58; or(ii)underanarrangementundertheElectoralAct1992,section 62becauseoftheCommonwealthElectoral Act
1918(Cwlth), section 104.(2)Also, an elector must complete a declaration
envelope for anelection if an issuing officer suspects, on
reasonable grounds,the elector is not entitled to vote at the
election.Current as at [Not applicable]Page
51
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
70]70Casting an ordinary vote or pre-poll
vote(1)Tocastanordinaryvoteor
pre-pollvoteinanelection,anelectormustfollow,inorder,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 thelocal government area during voting hours
for the booth;or(b)to cast a
pre-poll vote—attend a pre-polling booth in thelocal government
area during voting hours for the booth.(3)Atthepollingboothorpre-pollingbooth,theelectormustgive
an issuing officer at the booth the elector’s full name andaddress.(4)The
elector may be asked questions by the issuing officer inorder for the issuing officer to decide the
following—(a)whether the elector is entitled to
vote at the election;(b)whethertheelectormustcompleteadeclarationenvelope.(6)Iftheelectormustcompleteadeclarationenvelopewhencastingtheirvote,theelectormustsigntheappropriatedeclarationonthedeclarationenvelopebeforeanissuingofficer and have
the officer sign the envelope as witness.(7)On
being given the ballot paper and declaration envelope (ifany), the elector must, without
delay—(a)go alone into an unoccupied voting
compartment in thepolling 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 theenvelopeandputthesealedenvelopeintheappropriate ballot box at the polling
booth; orPage 52Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 72](ii)otherwise—putthefoldedballotpaperintheappropriate ballot box at the polling
booth; and(d)leave the polling booth.72Casting a postal vote by elector other
than special postalvoter(1)To
cast a postal vote in an election, an elector must follow,
inorder, each of subsections (2) to (5) that
applies to the elector.(2)Theelectormustapplytothereturningofficerforadeclaration
envelope and a ballot paper with which to cast apostal vote if—(a)the
election is not a postal ballot election; orNote—See
section 79 for the relevant application.(b)the
election is a postal ballot election and the elector hasnot
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 envelopeand seal the envelope.(4)Theelectormustsignthedeclarationonthedeclarationenvelope in the
presence of an adult, and have the adult signthe envelope as
witness.Note—Forthedutyofawitnessinsigningdeclarationenvelopes,seesection 194.(5)Theelectormustputthesealeddeclarationenvelopeinthereplypaidpostenvelopethataccompaniedthedeclarationenvelope and
post or give the envelope to the returning officer.Current as at [Not applicable]Page
53
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
73]Note—The ballot paper
must be received by the returning officer no later than10
days after the polling day. See section 86(4) or 87(4).(6)If the elector is unable to apply
under subsection (2) withouthelp, 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 82.73Voting hours for polling booths(1)The voting hours for an ordinary
polling booth are between8a.m. and 6p.m. on polling day.(2)Thevotinghoursforamobilepollingbootharethetimesfixed for the
booth by the returning officer.(3)The
voting hours for a pre-polling booth are the times, duringthe
pre-polling period, notified by the returning officer undersection 50(2).(4)If
an elector is in a polling booth at the time of close of
votingfor the booth and for the purpose of casting
a vote, the electormust 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)thelongerperiodthatthereturningofficerfixesand notifies in
a newspaper circulating generally inthe local
government area, or division of the localgovernment area;
and(b)ending no later than the day before
polling day.Page 54Current as at
[Not applicable]
Local
Government Electoral Act 2011Part 4 Local
government elections[s 74]74Particular responsibilities of returning
officer whenelectors cast postal votes(1)Thissectionappliesifthereturningofficerforanelectionreceives a sealed envelope under section
72(5).(2)Thereturningofficermustputthesealedenvelopeintheappropriate ballot box.Notauthorised—indicativeonly75Particular responsibilities of issuing
officers whenelectors cast ordinary or pre-poll
votes(1)Thissectionappliesifanelectorattendsapollingbooth,duringvotinghoursforthebooth,tocastanordinaryorpre-poll vote in an election.(2)An issuing officer at the polling
booth must give the elector aballot paper
if—(a)theelectorgivestheissuingofficertheelector’sfullname
and address; and(b)the issuing officer is satisfied the
elector is entitled tovote at the election.(3)The issuing officer may ask the
elector questions to decide thefollowing—(a)whether the elector is entitled to vote at
the election;(b)whethertheelectormustcompleteadeclarationenvelope.(4)Subsection (5) applies if, because of
the elector’s answers tothe questions under subsection
(3)—(a)the issuing officer suspects, on
reasonable grounds, theelector is not entitled to vote at the
election; or(b)the issuing officer is satisfied the
elector must completea declaration envelope.(5)The issuing officer must—(a)informtheelectorthattheelectormustcompleteadeclaration envelope; andCurrent as at [Not applicable]Page
55
Local
Government Electoral Act 2011Part 4 Local
government elections[s 75A](b)give
the elector the declaration envelope to complete.(6)An issuing officer must—(a)keeparecordoftheballotpapersanddeclarationenvelopes given
to electors under this section; and(b)sign
the record.Notauthorised—indicativeonlySubdivision 2AElectronically
assisted voting75APrescribed procedures for
electronically assisted voting(1)The
electoral commission may make procedures about how anelector may cast an electronically assisted
vote for an election.(2)The procedures
must provide for the following—(a)theregistrationofelectorswhomaycastanelectronicallyassistedvoteforanelectionundersection 68(5B);(b)the
authentication of each electronically assisted vote;(c)therecordingofeachelectorwhouseselectronicallyassisted
voting;(d)ensuring the secrecy of each
electronically assisted vote;(e)thesecuretransmissionofeachelectronicallyassistedvote
to the electoral commissioner, and secure storage ofeach
electronically assisted vote by the commissioner,until printing;(f)the
printing, for scrutiny and counting, of a ballot paperfor
each electronically assisted vote;(g)the
secure delivery of each printed ballot paper to thereturning officer.(3)The
procedures—(a)do not take effect until approved by a
regulation; and(b)mustbetabledintheLegislativeAssemblywiththeregulation approving the procedures;
andPage 56Current as at
[Not applicable]
Local
Government Electoral Act 2011Part 4 Local
government elections[s 75B](c)mustbepublishedontheelectoralcommission’swebsite.Notauthorised—indicativeonly75BAudit of electronically assisted
voting for an election(1)Theelectoralcommissionmustappointanindependentpersontoaudittheinformationtechnologyusedforanelectionundertheproceduresforelectronicallyassistedvoting made under section 75A.(2)The audit must be conducted—(a)atleast7daysbeforethenominationdayfortheelection;
and(b)within 60 days after the polling day
for the election.(3)Apersonappointedundersubsection (1)mustbeanindividual who
is not, and has not ever been, a member of apolitical
party.(4)Thepersonappointedtoconducttheauditmaymakerecommendationstotheelectoralcommissiontoreduceoreliminaterisksthatcouldaffectthesecurity,accuracyorsecrecy of electronically assisted
voting.(5)A regulation may prescribe
requirements about the conduct ofan audit under
this section.75CProtection of information
technology(1)A person must not disclose to another
person a source code orothercomputersoftwarerelatingtoelectronicallyassistedvoting, unless the disclosure is authorised
under—(a)the procedures approved under section
75A(3); or(b)anagreemententeredintobythepersonwiththeelectoral commissioner.Maximumpenalty—40penaltyunitsor6monthsimprisonment.(2)Apersonmustnot,withoutreasonableexcuse,destroyorinterferewithcomputersoftware,adatafileorelectronicCurrent as at
[Not applicable]Page 57
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
75D]device used for or in connection with
electronically assistedvoting.Maximumpenalty—100penaltyunitsor2yearsimprisonment.75DElectoral commissioner may decide
electronicallyassisted voting is not to be used(1)Theelectoralcommissionermaydecidethatelectronicallyassisted 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 andpublished on the electoral
commission’s website.75EReview of
electronically assisted voting(1)OntherequestoftheMinisterfollowinganelection,theelectoral commissioner must conduct—(a)a review of the use of electronically
assisted voting forthe election; and(b)an
investigation into extending the use of electronicallyassisted voting to other electors for future
elections.(2)A report on the review and
investigation must be given to theMinister.(3)The Minister must, within 14 days
after receiving the report,table the report
in the Legislative Assembly.Page 58Current as at [Not applicable]
Subdivision 3Local Government
Electoral Act 2011Part 4 Local government elections[s
76]Special arrangements for particularelectorsNotauthorised—indicativeonly76Arrangements for electors at hospitals
etc.(1)If a polling booth is a hospital or
part of a hospital, an issuingofficermayvisitpatientsandresidentsinthehospitaltoenable them to vote.(2)Theelectoralcommissionmaydirectthatdeclarationenvelopes be
completed by electors voting under this sectionif, in the
opinion of the electoral commission, the size of thevoters roll for an election would be
impracticable to be used ina portable
way.(3)Before taking action under subsection
(1), the issuing officermust inform the scrutineers present of
the proposed action.(4)Whenvisitingpatientsandresidentsinahospitalwhoareelectors, the issuing officer
must—(a)take to the elector—(i)aballotpaperand,ifdirectedbytheelectoralcommission, a
declaration envelope; and(ii)a ballot box;
and(iii)anythingelsenecessarytoenabletheelectortovote; and(b)beaccompaniedbyanyscrutineerwhowishestoaccompany the issuing officer.(5)The issuing officer must ensure that,
as far as practicable—(a)if the electoral
commission has directed that declarationenvelopesbecompleted—theelectorcompletesthedeclaration envelope when casting their
vote, includingsigningtheappropriatedeclarationonthedeclarationenvelopebeforetheissuingofficerandhavingtheofficer sign the envelope as witness;
and(b)the elector, in private, records a
vote on the ballot paperand folds the ballot paper, concealing
the vote; andCurrent as at [Not applicable]Page
59
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
77](c)the elector puts the folded ballot
paper—(i)iftheelectoralcommissionhasdirectedthatdeclarationenvelopesbecompleted—inthedeclaration envelope, seals the envelope and
putsthe sealed envelope in the ballot box;
or(ii)otherwise—in the
ballot box.(6)In this section—hospitalincludes 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)Eachofthefollowingelectorsisentitledtobeavisitorelector—(a)anelectorwho,becauseofillness,disabilityoradvanced pregnancy, will be prevented from
voting at apolling booth;(b)an
elector who, because the elector is caring for a personwhoisill,hasadisabilityorispregnant,willbeprevented from voting at a polling
booth.(2)An elector who is entitled to be a
visitor elector may apply tothe returning
officer to vote as a visitor elector.(3)The
application must be in the approved form.(4)Iftheapplicationisreceivednolaterthan7p.m.ontheWednesdaybeforepollingday,thereturningofficermustdirectanissuingofficertovisittheelectortoenabletheelector to vote.(5)As
soon as practicable after the returning officer has directedan
issuing officer to visit electors, the returning officer
mustinform each candidate of—Page
60Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 78](a)the
place from which the issuing officer proposes to startmaking visits; and(b)the
time or times on the day or days when the issuingofficer proposes to start making
visits.(6)The issuing officer must visit an
elector at a reasonable hourbefore 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)anythingelsenecessarytoenabletheelectortovote; and(b)beaccompaniedbyanyscrutineerwhowishestoaccompany 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 paperand 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) withouthelp, another
person may help the person apply.78Help
for electors voting(1)If an elector satisfies an issuing
officer that the elector can notvotewithouthelp,theelectormaybeaccompaniedintoanunoccupiedvotingcompartmentinapollingbooth,beassistedincastinganelectronicallyassistedvoteorbeotherwise helped, by someone chosen by
the elector.(2)Thepersonmayhelptheelectorinanyofthefollowingways—(a)if asked by the elector—stating the
names of candidates;(b)acting as
interpreter;Current as at [Not applicable]Page
61
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
79](c)explaining the following—(i)theballotpaperandtherequirementsofsubdivision 5 about its marking;(ii)forelectronicallyassistedvoting—anyaspectofthe procedure for casting an
electronically assistedvote;(d)marking or helping to mark the ballot paper,
or helpingtocasttheelectronicallyassistedvote,inthewaytheelector wishes;(e)folding the ballot paper and putting it into
a ballot boxor a declaration envelope;(f)sealing a declaration envelope or
putting it into a ballotbox.(3)Subsections (1) and (2) apply to all types
of voting.(4)This section applies despite section
70(7)(a) and (b).Subdivision 4Distribution of
ballot papers79Applications to cast postal votes in
local governmentelections that are not postal ballot
elections(1)This section applies to an application
made by an elector tothe returning officer to cast a postal
vote in an election that isnot a postal
ballot election.(2)The application—(a)must
be in the approved form; and(b)muststatetheaddresstowhichtheballotpaperanddeclarationenvelopefortheelectoristobeposted,delivered or
sent; and(c)may be given to the returning officer
by any person; and(d)must be received by the returning
officer no later than7p.m. on the Wednesday before polling
day.(3)Subsection (4) applies if—Page
62Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 80](a)the
application complies with subsection (2); and(b)thereturningofficerissatisfiedtheapplicantisanelectorwhoisentitledtocastapostalvoteintheelection.(4)Thereturningofficermust,assoonaspracticableafterreceiving the application, give the
applicant—(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 beaccompaniedbyanunsealedreplypaidpostenvelopeaddressedtothereturningofficeratthereturningofficer’spostal address and bearing the words ‘Ballot
Paper’.(6)However, the unsealed envelope need
not be reply paid post ifit is to be sent to an address outside
of Australia.(7)The returning officer must keep a
record of the ballot papersanddeclarationenvelopespostedtoelectorsunderthissection.80Distribution of ballot papers to
electors for postal ballotelections(1)For
a postal ballot election, the returning officer must post
thefollowingthingstoeachelectorfortheelectionassoonaspracticable 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 envelopeaddressedtothereturningofficeratthereturningofficer’spostaladdressandbearingthewords‘BallotPaper’; andCurrent as at
[Not applicable]Page 63
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
81](b)be posted to the elector’s address
stated in the voters rollor an electoral roll mentioned in
theElectoral Act 1992,section 58(3).(3)However, the unsealed envelope need not be
reply paid post ifit is to be sent to an address outside of
Australia.(4)The returning officer must keep a
record of the ballot papersanddeclarationenvelopespostedtoelectorsunderthissection.81Applications to cast postal votes in
postal ballotelections(1)This
section applies if a person believes they are entitled tovote
in a postal ballot election but the person is not given aballot paper and declaration envelope under
section 80(1).(2)The person may apply to the returning
officer to cast a postalvote in the postal ballot election
by—(a)givingthereturningofficeranapplicationundersubsection (3); or(b)contacting the electoral commission using
the telephonenumberorelectroniccontactdetailsshownontheelectoral
commission’s website.(2A)The application
must be received by the returning officer fortheelectionnolaterthan7p.m.ontheWednesdaybeforepolling day.(3)An
application mentioned in subsection (2)(a)—(a)must
be in the approved form signed by the person; andNote—The signature of
the elector on the application must match thesignature on the
declaration envelope completed by the electorwhen casting a
postal vote. See sections 86(3) and 87(3).(b)muststatetheaddresstowhichtheballotpaperanddeclarationenvelopeforthepersonistobeposted,delivered or
sent; andPage 64Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 82](c)may
be posted, faxed or given to the returning officer byany
person.(4)Subsection (5) applies if—(a)the application complies with
subsection (3); and(b)the returning officer is satisfied the
person is an electorwho is entitled to cast a postal vote
in the election.(5)Thereturningofficermust,assoonaspracticableafterreceiving 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)Thethingsgiventoapersonundersubsection (5)mustbeaccompaniedbyanunsealedreplypaidpostenvelopeaddressedtothereturningofficeratthereturningofficer’spostal address and bearing the words ‘Ballot
Paper’.(7)However, the unsealed envelope need
not be reply paid post ifit is to be sent to an address outside
of Australia.(8)The returning officer must keep a
record of the ballot papersanddeclarationenvelopespostedtoelectorsundersubsection (5).(9)If
the elector is unable to apply under subsection (2) withouthelp, another person may help the person
apply.82Distribution of ballot papers to
particular electors whoseaddress has been omitted from
electoral roll and tospecial postal voters(1)Assoonaspracticableafterthenominationdayforanelection, the
returning officer must post the following thingstoeachelectormentionedinsection 69(1)(e)andtoeachspecial postal
voter—(a)a ballot paper;(b)a
declaration envelope;(c)written
instructions on how a vote may be cast;Current as at
[Not applicable]Page 65
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
83](d)an unsealed reply paid post envelope
addressed to thereturning officer at the returning officer’s
postal addressand bearing the words ‘Ballot Paper’.(2)However, the unsealed envelope need
not be reply paid post ifit is to be posted to an address
outside Australia.(3)The returning officer must keep a
record of the ballot papersanddeclarationenvelopespostedtoelectorsundersubsection (1).Subdivision
5Recording a vote on ballot papers83How electors must record a vote on a
ballot paper—optional-preferential voting(1)This section applies if the system of
voting at an election isoptional-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 ballotpaper the numeral 1, or a tick or a
cross, in the squareopposite the name of the candidate for
whom the electorwishes 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 intervalsof 1 whole numeral) in other squares to
record the orderof the elector’s preferences for the other
candidates.(4)An elector is only required to record
a first-preference vote ona ballot paper but may also record
preference votes for 1 ormore, but not necessarily all, of the
candidates.Page 66Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 84]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 isfirst-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 theballot paper—(a)if 1
candidate is to be elected—the numeral 1, or a tickorcross,inthesquareoppositethenameofthecandidate 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 squareoppositethenameof1candidateforwhomtheelector wishes to vote; and(ii)the numerals 2,
3 and so on in the squares oppositethenamesoftheothercandidatesforwhomtheelectorwishestovote,uptothenumberofcandidates to be elected.85Replacement ballot papers(1)If, while voting at a polling booth or
voting under section 77,a ballot paper given to an elector is
accidentally defaced ordestroyed,anissuingofficermustgivetheelectorareplacement ballot paper for use in the
poll.(2)However, before a replacement ballot
paper can be given—(a)the ballot paper it replaces
(thereplaced ballot paper)must
not have been already put in a ballot box in use inthe
poll; and(b)the elector must declare, in the
approved form, beforethe issuing officer that—Current as at [Not applicable]Page
67
Local
Government Electoral Act 2011Part 4 Local
government elections[s 85]Notauthorised—indicativeonly(i)thereplacedballotpaperhasbeenaccidentallydefaced or
destroyed; and(ii)the elector has
not voted in the election; and(c)ifthereplacedballotpaperhasbeenaccidentallydefaced—the
elector must give the defaced ballot paperto the issuing
officer; and(d)ifthereplacedballotpaperhasbeenaccidentallydestroyed—the
elector must give to the issuing officer,if practicable,
the remains of the ballot paper; and(e)the
issuing officer must put the defaced ballot paper, oranyremainsofthedestroyedballotpaper,inanenvelope,sealtheenvelopeandsetitasideintheofficer’scustodyforseparateidentificationundersection 92(9)(b).(3)If a
ballot paper given to an elector under section 79, 80 or 82is
lost in transit or is accidentally defaced or destroyed, thereturning officer for the election must,
before 6p.m. on pollingday,givetheelectorareplacementballotpaperandadeclaration envelope for use in the
election.(4)However, before a replacement ballot
paper can be given—(a)theelectormustdeclare,intheapproveddeclarationform,beforetheissuingofficeroranadultwitnessthat—(i)the ballot paper it replaces (also
thereplaced ballotpaper)
has not been received by the elector or hasbeen
accidentally defaced or destroyed; and(ii)the
elector has not voted in the election; and(b)ifthereplacedballotpaperhasbeenaccidentallydefaced—the
elector must put the defaced ballot paperintotheelector’soriginaldeclarationenvelopeorareplacement
declaration envelope, seal the envelope andgive the
envelope to the issuing officer; and(c)ifthereplacedballotpaperhasbeenaccidentallydestroyed—theelectormust,ifpracticable,puttheremains of the destroyed ballot paper
into the elector’sPage 68Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 86]originaldeclarationenvelopeorareplacementdeclarationenvelope,sealtheenvelopeandgivetheenvelope to the issuing officer; and(d)theissuingofficermustsetasidetheelector’sdeclaration
envelope in the officer’s custody for separateidentification
under section 92(9)(b).(5)The returning
officer must record, in the approved form, thenameandplaceofresidenceofeachpersontowhomareplacement ballot paper is given.Division 6Formal and
informal votes86Formal and informal ballot
papers—optional-preferentialvoting(1)This section applies to an election if
the system of voting isoptional-preferential voting.(2)A ballot paper has effect as recording
a vote in the electiononly if the ballot paper—(a)is completed under section 83;
and(b)doesnotcontainanywritingormark(otherthanaspermitted by this Act) by which the elector
can, in thereturning 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, asrequired by this Act, the envelope must have
been signed, andthe signature witnessed, as required by
section 72.(4)Also, if the ballot paper is sealed in
a declaration envelope asa postal vote—(a)the
ballot paper must be received by the returning officerno
later than 10 days after polling day; and(b)foranelectorwhomadeasignedapplicationundersection 79 or 81 to cast a postal vote in
the election—theCurrent as at [Not applicable]Page
69
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
87]signatureonthedeclarationenvelopemustmatchtheelector’s signature on the
application.(5)If a ballot paper shows 2 or more
squares in which the samenumeral is marked, those numerals and
any higher numeralsmarked in other squares must be
disregarded.(6)If a ballot paper shows a break in the
sequence of numeralsmarkedinthesquaresontheballotpapertoindicatepreferences,thenumeralthatbreaksthesequenceandanyhigher numerals marked in other
squares must be disregarded.(7)Aballotpaperthathaseffecttorecordavoteunderthissection is a
formal ballot paper.(8)A ballot paper
that has no effect to record a vote under thissection is an
informal ballot paper.87Formal and
informal ballot papers—first-past-the-postvoting(1)This section applies to an election if
the system of voting isfirst-past-the-post voting.(2)A ballot paper has effect as recording
a vote in the electiononly if the ballot paper—(a)is completed under section 84;
and(b)doesnotcontainanywritingormark(otherthanaspermitted by this Act) by which the elector
can, in thereturning 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, asrequired by this Act, the envelope must have
been signed, andthe signature witnessed, as required by
section 72.(4)Also, if the ballot paper is sealed in
a declaration envelope asa postal vote—(a)the
ballot paper must be received by the returning officerno
later than 10 days after polling day; andPage 70Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 88](b)foranelectorwhomadeasignedapplicationundersection 79 or 81 to cast a postal vote in
the election—thesignatureonthedeclarationenvelopemustmatchtheelector’s signature on the
application.(5)Aballotpaperthatcomplieswithsection 84mustnotberejected merely
because it indicates the elector’s intention tovote for a
number of candidates greater than the number to beelected.(6)Aballotpaperthathaseffecttorecordavoteunderthissection is a
formal ballot paper.(7)A ballot paper
that has no effect to record a vote under thissection is an
informal ballot paper.88Ballot paper
partly formal and partly informal(1)This
section applies if—(a)anelectionformayorofalocalgovernmentandanelectionfortheothercouncillorsofthelocalgovernment are
held at the same time and 1 ballot paperis used for both
elections; and(b)the ballot paper, as completed for 1
of the elections, isinformalbut,ascompletedfortheotherelection,isformal.(2)The
informal part of the ballot paper must be rejected and theformal part of the ballot paper must be
counted under division7.Division 7Counting of votesSubdivision
1Processing declaration envelopes89Preliminary processing of declaration
envelopes(1)For a postal ballot election, the
returning officer may open allballot boxes and
examine the declaration envelopes to decideCurrent as at
[Not applicable]Page 71
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
91]whether the ballot papers in the envelopes
are to be acceptedfor counting.(2)Foranelectionotherthanapostalballotelection,thereturningofficermayopenallballotboxescontainingonlysealeddeclarationenvelopesandexaminetheenvelopestodecidewhethertheballotpapersintheenvelopesaretobeaccepted for counting.(3)Assoonaspracticableafter6p.m.onpollingday,thereturning officer may open all other
ballot boxes containingsealeddeclarationenvelopesandexaminetheenvelopestodecidewhethertheballotpapersintheenvelopesaretobeaccepted for counting.(4)As
soon as practicable after receipt by the returning officer
ofa parcel of sealed declaration envelopes
from a polling booth,thereturningofficermayopentheparcelandexaminetheenvelopes to decide whether the ballot
papers in the envelopesare to be accepted for
counting.91Procedure for processing declaration
envelopes(1)The returning officer must—(a)inform all candidates for election of
the times when, andtheplaceswhere,declarationenvelopeswillbeexamined by the returning officer;
and(b)allow the candidates, or their
scrutineers, to attend at theprocessing of
declaration envelopes.(2)Onexaminingthedeclarationenvelopes,ifthereturningofficerissatisfiedthedeclarationhasbeenproperlycompleted,theenvelopeissealedandthedeclarantontheenvelope is entitled to cast a vote,
the returning officer must—(a)detach the elector’s declaration from the
envelope; and(b)either—(i)place a mark in ink against the declarant’s
name onthe voters roll; orPage 72Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 92](ii)ifthevotersrolliskeptinanelectronicform—record in a way approved by the returning
officerthat the declarant has voted; and(c)placetheenvelopecontainingtheballotpaper(theaccepted
envelope) in a locked or sealed ballot box;
and(d)keep the accepted envelope in the
ballot box until dealtwith under subsection (3) and section
95.(3)The returning officer may take the
accepted envelopes fromthe locked or sealed ballot box and
remove the ballot papersfromtheenvelopes,withoutunfoldingthem,orallowinganyoneelsetounfoldthem,andkeeptheminalockedorsealed ballot box until dealt with
under section 95.(4)The returning officer must—(a)put all ballot papers (not in
declaration envelopes) thatareinaballotboxopenedundersection 89(3)intoalocked or sealed ballot box, without
unfolding them, orallowing anyone else to unfold them;
and(b)keep them there until they are dealt
with in the officialcounting of votes.(5)If a
declaration envelope is rejected, the returning officer mustset
it aside in the officer’s custody for separate
identification.(6)Thereturningofficermustsealupinseparateparcels,andkeepintheofficer’scustodyforseparateidentification,allrejecteddeclarationenvelopes,acceptedenvelopesfromwhichballotpapershavebeenremovedandelector’sdeclarationsthathavebeenremovedfromdeclarationenvelopes.Subdivision
2Preliminary counts92Preliminary counting of ordinary
votes(1)The presiding officer of a polling
booth must follow, in order,the procedures
stated in subsections (3) to (11)—Current as at
[Not applicable]Page 73
Local
Government Electoral Act 2011Part 4 Local
government elections[s 92]Notauthorised—indicativeonly(a)as soon as
practicable after the end of ordinary votinghours for the
polling booth; and(b)at a place nominated by the officer;
and(c)inthepresenceofissuingofficersandanycandidatesand scrutineers
who wish to attend.(2)However,thepresidingofficermaydoanythingrequiredundersubsections (3)to(10)throughanissuingofficerauthorised by the presiding officer for that
purpose.(3)Open all ballot boxes used at the
polling booth.(4)Identify,andkeepinaseparateparcel,alldeclarationenvelopesandallballotpapersprintedforelectronicallyassisted
votes.(5)Examineallballotpapersthatarenotindeclarationenvelopes,
and—(a)identify,andkeepinaseparateparcel,allinformalballot papers;
and(b)ifthesystemofvotingisfirst-past-the-postvoting—count the number of votes for each candidate
marked onall formal ballot papers, and keep the
ballot papers in aseparate parcel; and(c)if
the system of voting is optional-preferential voting—arrange all formal ballot papers under the
names of thecandidatesbyputtinginaseparateparcelallformalballotpapersonwhichafirst-preferencevoteisrecorded for the same
candidate.(6)Prepare a written statement in the
approved form.(7)Sealupinseparateparcelsallformalandinformalballotpapers, declaration envelopes and unused
ballot papers.(8)Endorse on each parcel a description
of its contents, sign theendorsement and allow any scrutineers,
who wish to do so, tocountersign the endorsement.(9)Put the following into separate
parcels and endorse on eachparcel a
description of its contents—Page 74Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 93](a)thevotersrollandallbooksandpapersusedbythepresiding
officer in the poll with 1 copy of the statementprepared under subsection (6);(b)all ballot papers or remainsofballotpapers
setaside,undersection 85(2)(e)or(4)(d),forseparateidentification.(10)Endorsethefollowingoneachparcel,andsigneachendorsement—(a)the
name of the local government area, or division of thelocal government area, for which the
election was held;(b)the name of the polling booth from
which the parcel hascome.(11)The
presiding officer must, as soon as practicable, give eachofthefollowingthingstothereturningofficerorapersonnominated 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 allballot papers given out at the polling
booth and all votesput in ballot boxes at the booth.93Objections by scrutineers during
preliminary count(1)If, while a presiding officer is
complying with section 92(5), acandidate or
scrutineer objects to the treatment of a particularballot paper as informal, the officer must
mark on the back ofit‘formal’or‘informal’accordingtowhethertheofficer’sdecision is to
treat it as formal or informal.(2)If,
while a presiding officer is complying with section 92(5), acandidate or scrutineer objects to the
counting of a vote for aparticular candidate, the officer must
mark on the back of therelevant ballot paper the name of the
candidate for whom it iscounted.Current as at
[Not applicable]Page 75
Local
Government Electoral Act 2011Part 4 Local
government elections[s 95]Subdivision
3Official countNotauthorised—indicativeonly95Official counting
of votes(1)Thereturningofficermustfollow,inorder,theproceduresstated in
subsections (2) to (6)—(a)assoonaspracticableaftercloseofthepollinanelection; and(b)inthepresenceofthecandidatesorscrutineerswhowish
to attend.(2)The returning officer must work out
from the statements ofpresiding officers under section
92(6)—(a)if the system of voting is
first-past-the-post voting—thenumber of votes
cast for each candidate; or(b)if
the system of voting is optional-preferential voting—thenumberoffirst-preferencevotescastforeachcandidate.(3)The
returning officer must—(a)openallsealedparcelsofballotpapersgiventothereturning officer under section 92(11)
or sealed by thereturning officer if the returning officer
conducted thepreliminary count under section 92;
and(b)examineallballotpapersthatarenotindeclarationenvelopes
and—(i)ifthesystemofvotingisfirst-past-the-postvoting—countthenumberofvotescastforeachcandidateonformalballotpapers,andkeeptheballot papers in a separate parcel;
or(ii)ifthesystemofvotingisoptional-preferentialvoting—arrange
all formal ballot papers under thenamesofthecandidatesbyputtinginaseparateparceltheformalballotpapersonwhichafirst-preferencevoteisindicatedforthesamecandidate, and
count the number of first-preferencePage 76Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 95]votesforeachcandidateontheformalballotpapers.(4)The returning officer must—(a)open all other ballot boxes on hand;
and(b)openallacceptedenvelopesmentionedinsection 91(2)(d)thathavenotyetbeenopenedandremove the ballot papers; and(c)identify,andkeepinaseparateparcel,allinformalballot papers;
and(d)examine all formal ballot papers
and—(i)ifthesystemofvotingisfirst-past-the-postvoting—countthenumberofvotescastforeachcandidate on the
ballot papers, and keep the ballotpapers in a
separate parcel; or(ii)ifthesystemofvotingisoptional-preferentialvoting—arrange
the ballot papers under the namesof the
candidates by putting in a separate parcel theballotpapersonwhichafirst-preferencevoteisrecordedforthesamecandidate,andcountthenumber of first-preference votes for each
candidateon the ballot papers.(5)The
returning officer must add together—(a)if
the system of voting is first-past-the-post voting—thenumbercountedundersubsections
(3)(b)(i)and(4)(d)(i); or(b)if
the system of voting is optional-preferential voting—thenumbercountedundersubsections
(3)(b)(ii)and(4)(d)(ii).(6)The
returning officer must reapply subsections (4) and (5) asmoredeclarationenvelopesarereceivedbythereturningofficer under
section 72 after close of the poll.Current as at
[Not applicable]Page 77
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
96]96Objections by scrutineers during
official count(1)If, while the returning officer is
complying with section 95, acandidate or
scrutineer objects to the treatment of a particularballot paper as informal, the officer must
mark on the back ofit‘formal’or‘informal’accordingtowhethertheofficer’sdecision is to
treat it as formal or informal.(2)If,
while the returning officer is complying with section 95, acandidate or scrutineer objects to the
counting of a vote for aparticular candidate, the officer must
mark on the back of therelevant ballot paper the name of the
candidate for whom it iscounted.96ARe-counting of votes(1)Atanytimebeforethefollowinghappens,theelectoralcommissionmaydirectthereturningofficer,oranothermember of the
electoral commission’s staff, to re-count someor all of the
ballot papers for an election—(a)the
result of the poll for the election is notified by theelectoral commission under section
100;(b)the electoral commission refers a
matter to the Court ofDisputed Returns under part 7.(2)The returning officer may re-count
some or all of the ballotpapers for the election at any time
before the results of theelection are notified.(3)A person carrying out a re-count of
ballot papers must, so faras practicable, ensure that the
requirements of section 95 arecomplied
with.(4)This section does not limit by
implication section 9(5).Page 78Current as at
[Not applicable]
Subdivision 4Local Government
Electoral Act 2011Part 4 Local government elections[s
97]Deciding results of localgovernment electionsNotauthorised—indicativeonly97Counting of votes for
optional-preferential system(1)This
section applies for counting votes in an election in whichthe
system of voting is optional-preferential voting.(2)If, after final counting under section
95, an absolute majorityofformalfirst-preferencevotesarefor1candidate,thatcandidate is elected.(3)Alternatively,ifthereisnoabsolutemajorityoftheformalfirst-preferencevotesfor1candidate,afurthercountassigningpreferencevotesmustbeconductedand,ifnecessary,repeateduntilanabsolutemajorityoftheremaining votes
are for 1 candidate.(4)For subsection
(3), a further count assigning preference votesis conducted
by—(a)excludingthecandidatewiththefewestvotesinaprevious count;
and(b)excludingallballotpapersonwhichthereisnotrecorded a
preference vote for a candidate who has notbeen excluded
for the count or a previous count; and(c)assigningeachpreferencevoterecordedontheremaining ballot papers to the
candidate who—(i)is next in the order of an elector’s
preference on theballot paper; and(ii)has
not been excluded; and(d)counting the
number of votes (first-preference votes fora candidate
together with any preference votes assignedto the
candidate) for each candidate who has not beenexcluded.(5)If,afterfinalcountingundersubsection
(4),anabsolutemajorityofthevotesremaininginthecountarefor1candidate, that
candidate is elected.Current as at [Not applicable]Page
79
Local
Government Electoral Act 2011Part 4 Local
government elections[s 97]Notauthorised—indicativeonly(6)Ifsubsection (4)(a)cannotbeappliedbecause2ormorecandidates(1ofwhommustbeexcluded)haveanequalnumber of votes,
the candidate to be excluded is—(a)iftherehasbeenanearliercount—thecandidatewhohadthefewestvotesatthelastcountatwhichthecandidates did not have an equal number of
votes; or(b)if there has not been an earlier count
or the candidateshad an equal number of votes at all earlier
counts—thecandidatewhosenameisonaslipchosenundersubsection (7).(7)Forsubsection (6)(b),thereturningofficermust,inthepresence of any candidates, or their
representative, who wishto attend—(a)writethenamesofthecandidateswhohaveanequalnumber 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 seenand choose a
slip at random.(8)If,undersubsection (6),thecandidateswhohaveanequalnumberofvotesaretheonlycandidatesremaininginthecount, then,
despite subsection (6), the candidate whose nameis
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)placeonlythemarbles,ballsorothersimilarthings(marbles),complyingwithsubsection (10),inanopaque container large enough to allow
the marbles in itto move about freely when it is rotated;
and(d)rotate the container and permit
another person presentwho wishes to do so to rotate it;
andPage 80Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 98](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 ofit
or allow 1 of the marbles to come out of it; and(g)record the name of the candidate
assigned the numberedor coloured marble that, under
paragraph (f), is taken orallowed 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 numbersassigned under
subsection (9)(b) to the candidates.(11)The
returning officer must allow each of the 2 candidates, ortheir representative, to be present for the
process mentioned insubsection (9).(12)In
this section—absolute majoritymeans 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 whichthe
system of voting is first-past-the-post voting.(2)If
only 1 person is to be elected, the candidate who receivesthe
majority of votes is elected.(3)Ifsubsection (2)cannotbeappliedbecause2ormorecandidateshaveanequalnumberofvotes,thecandidatewhose name is
recorded under subsection (7)(g) is elected.(4)If 2
or more persons are to be elected (as councillors)—thecandidates elected are—(a)the
candidate who receives the majority of votes; and(b)the candidates who receive the next
highest number ofvotes, up to the number of persons to be
elected.Note—A candidate who
receives no votes has a number of votes that is 0.Current as at [Not applicable]Page
81
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
98](5)If—(a)subsection (4)cannotbeappliedbecause2ormorecandidates
(thetied candidates) have an equal
numberof votes; and(b)thenumberoftiedcandidates,togetherwithanycandidates already elected under subsection
(4), is morethan 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)cannotbeappliedtherearetiedcandidates;
and(b)thenumberoftiedcandidates,togetherwithanycandidatesalreadyelectedundersubsection (4),isnotmore 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
thehighest number of votes have an equal number
of votes, the candidatesare 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)placeonlythemarbles,ballsorothersimilarthings(marbles), complying
with subsection (8), in an opaquecontainerlargeenoughtoallowthemarblesinittomove about
freely when it is rotated; and(d)rotate the container and permit another
person presentwho wishes to do so to rotate it; andPage
82Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 99](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 ofit
or allow 1 of the marbles to come out of it; and(g)record the name of the candidate
assigned the numberedor coloured marble that, under
paragraph (f), is taken orallowed 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 numbersassigned under subsection (7)(b) to the
candidates.(9)Thereturningofficermustalloweachofthecandidates,ortheir representative, to be present for the
process mentioned insubsection (7).99Returning officer’s duty after counting
votesWhentheresultofthepollfortheelectionisknown,thereturning officer must—(a)seal
up all of the formal ballot papers, informal ballotpapers,rejecteddeclarationenvelopes,acceptedenvelopes from which ballot papers have been
removed,electors’declarationsthathavebeenremovedfromdeclaration envelopes, defaced ballot
papers, remains ofdestroyed ballot papers, unused ballot
papers, books andpapers(otherthanthevotersroll)ofeachpresidingofficer used in the poll; and(b)endorse on each parcel a description
of its contents andsign the endorsement; and(c)allow any scrutineers, who wish to do
so, to countersignthe endorsement.Current as at
[Not applicable]Page 83
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 4 Local government elections[s
100]Division 8Notifying the
results of localgovernment elections etc.100Notifying the results of an
election(1)As soon as practicable after the
result of a poll for an electionisknown,theelectoralcommissionmust,bynoticeintheapproved form, declare—(a)the result of the poll; and(b)for a poll for the election of a
mayor, the name of themayor who has been elected; and(c)the names of each candidate who has
been elected.(2)The electoral commission must—(a)ensure the notice is displayed in a
conspicuous place inthe office of the returning officer;
and(b)publish the notice in a newspaper
circulating generallyin the local government area, or the
division of the localgovernment area, for which the
election was held.(3)The returning officer must ensure the
notice is published onthewebsiteofthelocalgovernmentforwhichtheelectionwas held.(4)Theelectoralcommissionmustnotdelaycomplyingwithsubsection (1)
or (2) merely because some ballot papers havenotbeenreceivedbythereturningofficer,ifitisclearthevotes recorded on the ballot papers
could not affect the resultof the
election.101Notice of results of poll to
candidatesThe electoral commission must give notice of
the final resultof the poll to each candidate as soon as
practicable after—(a)all ballot papers used in the poll
have been examined;andPage 84Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 4 Local
government elections[s 102](b)all
votes cast in the poll on ballot papers that appear tobe
formal have been counted.102Storage and
disposal of material resulting from election(1)Assoonaspracticableaftertheelectoralcommissiongivesnoticeofthefinalresultofapollforanelectionundersection 101, the
returning officer for the election must—(a)destroy all unused ballot papers; and(b)sealupinpacketsallotherparcelssealedupundersection 99;
and(c)endorsethefollowingoneachpacketandsigntheendorsement—(i)a
description of its contents;(ii)the
name of the local government area, or divisionof a local
government area, for which the electionwas held;(iii)the polling day;
and(d)give each packet to the electoral
commission.(2)Theelectoralcommissionmustkeepthepacketsinsafecustody until
the next quadrennial election.(3)Attheendoftheperiodundersubsection
(2),theelectoralcommission
must—(a)destroy all ballot papers contained in
the packets; and(b)dispose of the other contents of the
packets in the waythe 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 andcompletes a declaration envelope for the
vote; andCurrent as at [Not applicable]Page
85
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 5 Fresh elections[s 104](b)theperson’sballotpaperisnotacceptedforcountingundersection 91becausethereturningofficerisnotsatisfied that
the declarant on the declaration envelope isentitled to cast
a vote in the election.(2)Assoonaspracticableaftertheelection,theelectoralcommissionmustsendanoticetothepersonadvisingtheperson why the ballot paper was not
accepted for counting.104Notice to
electoral commission of error in electoral rollAs soon as
practicable after an election, the returning officermust
give to the electoral commission notice of the names andaddressesofallpersonspermittedtovoteattheelectionwhose names are
not on the voters roll, apparently because ofofficial error,
if the error relates to the keeping of an electoralroll
under theElectoral Act 1992.Part
5Fresh elections105Arrangements for fresh election(1)This section applies if—(a)under theLocal Government
Act 2009, section 123(3) aregulation
directs that a fresh election of councillors of alocal government be held; orNote—ThedirectionundertheLocalGovernmentAct2009,section 123(3) may be given only after the
ratification of thedissolution of the local government by the
Legislative Assembly.(b)a regulation
directs that a fresh election of councillors ofa local
government, or a division of a local government,be
held to implement a local government change undertheLocal Government Act 2009,
chapter 2, part 3.(2)ThedayonwhichafreshelectionistobeheldmustbeaSaturday.Page
86Current as at [Not applicable]
Local
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 106](3)The provisions of part 4 apply, with
all necessary changes andany changes prescribed by regulation,
to the fresh election asif the election were a quadrennial
election.Notauthorised—indicativeonlyPart
6Electoral funding and financialdisclosureDivision 1Preliminary106Definitions for partIn this
part—candidate’sdisclosureperiodmeansthedisclosureperiodapplying to the candidate under division 2,
subdivision 1.disclosuredate,forareturn,meansthedayprescribedbyregulation for the return.electoralexpendituremeansexpenditureincurredforthepurposesofacampaignforanelection,whetherornottheexpenditureisincurredduringtheelectionperiodfortheelection.giftsee section
107(1) and (2).gifts registersee section
128(1).group’s disclosure periodmeans the disclosure period for thegroup of candidates under section
116.informationnotice,aboutadecision,meansanoticethatstates—(a)the
decision; and(b)the reasons for the decision;
and(c)that the person to whom the notice is
given may apply tothe electoral commissioner for a review of
the decisionwithin20businessdaysafterthepersonreceivesthenotice; andCurrent as at
[Not applicable]Page 87
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 106](d)how
to apply for a review.loanmeans any of the
following made other than by use of acredit
card—(a)an advance of money;(b)aprovisionofcreditoranotherformoffinancialaccommodation;(c)a
payment of an amount for, on account of, on behalf ofor
at the request of an entity, if there is an express orimplied obligation to repay the
amount;(d)atransaction(whateveritstermsorform)thatinsubstance effects a loan of
money.person acting on behalf of a
candidatesee section 111(1).personactingonbehalfofagroupofcandidatesseesection 111(2).political
activitymeans any of the following—(a)publication by any means (including
radio or television)of election material;(b)public expression of views on an issue
in an election;(c)a gift to a political party;(d)a gift to a candidate in an
election;(e)a gift to a person on the
understanding that the person orsomeone else
will apply, either directly or indirectly, thewhole or a part
of the gift for a purpose mentioned inparagraph (a),
(b), (c) or (d).political donation, for division
1A, see section 113A.prohibited donor, for division
1A, see section 113(1).registeredindustrialorganisationmeansanorganisationregisteredunderalawoftheState,anotherStateortheCommonwealthabouttheregistrationofindustrialorganisations.relevant
details, for a gift, see section 109.Page
88Current as at [Not applicable]
Local
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 107]requiredperiod,foranelection,means15weeksafterthepolling day for the election or, if no
poll is conducted, the daya poll would have been conducted if it
were required.third partysee section
123.value, of a gift, see
section 108.Notauthorised—indicativeonly107Meaning ofgifts(1)Agiftis—(a)the disposition
of property or the provision of a service,without
consideration or for a consideration that is lessthan
the market value, but does not include—(i)transmission of property under a will;
or(ii)provision of a
service by volunteer labour; or(b)paymentforattendanceatorparticipationinafundraising activity.(2)However, the disposition of property
or provision of a serviceto a candidate is not a gift if it is
made in a private capacity,for the
candidate’s personal use, and the candidate does notuse,
and does not intend to use, it solely or substantially for apurpose related to any election.(3)In this section—dispositionofpropertymeansaconveyance,transfer,assignment, settlement, delivery, payment or
other alienationof property, including, for example—(a)the allotment of shares in a
corporation; and(b)the creation of a trust in property;
and(c)thegrantorcreationofalease,mortgage,charge,servitude,licence,power,partnershiporinterestinproperty; and(d)therelease,discharge,surrender,forfeitureorabandonment, at law or in equity, of a debt,
contract orchose in action, or of an interest in
property; andCurrent as at [Not applicable]Page
89
Local
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 108](e)theexercisebyapersonofageneralpowerofappointment of property in favour of someone
else; and(f)atransactionbyapersonwithintenttodiminish,directlyorindirectly,thevalueoftheperson’sownpropertyandtoincreasethevalueofsomeoneelse’sproperty.Notauthorised—indicativeonly108Meaning ofvalueof giftsThevalue, of a gift,
is—(a)if the gift is money—the amount of
money; or(b)if the gift is property other than
money—(i)the market value of the property;
or(ii)ifaregulationprescribesprinciplesunderwhichthevalueofthepropertyistobedecided—thevalue decided
under the principles; or(c)if the gift is
the provision of a service—(i)the
amount that would reasonably be charged forproviding the
service if the service were providedon a commercial
basis; or(ii)ifaregulationprescribesprinciplesunderwhichthe amount that
would reasonably be charged forproviding the
service is to be decided—the amountdecided under
the principles; or(d)if the gift is a payment for
attendance at, or participationin,afundraisingactivity—thegrossamountofthepayment, regardless of the value of
anything received inconsideration for the payment.109Meaning ofrelevant
detailsfor giftsTherelevant details, for a gift,
are the value of the gift andwhen the gift
was made and—(a)for a gift purportedly made on behalf
of the members ofan unincorporated association—Page
90Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 110](i)the association’s name; and(ii)unlesstheassociationisaregisteredindustrialorganisation—thenamesandresidentialorbusiness addresses of the members of the
executivecommittee, however described, of the
association;or(b)for a gift
purportedly made out of a trust fund or out ofthe funds of a
foundation—(i)the names and residential or business
addresses ofthetrusteesofthefundorotherpersonsresponsible for the funds of the foundation;
and(ii)the title or
other description of the trust fund or thename of the
foundation; and(iii)if the gift is
made out of a trust account of a lawyeroraccountantundertheinstructionsofapersonwho is in
substance the giver of the gift—the nameand residential
or business address of the person;or(c)foragiftnotmentionedinparagraph(a)or(b)—thename and
residential or business address of the personwho gave the
gift.110References to candidatesA
person who is a candidate in an election is taken, for thispart,toremainacandidatefortheentireperiodofthecandidate’s
disclosure period for the election.111Agents and campaign committees(1)Apersonactingonbehalfofacandidateincludesacommittee formed to help the
candidate’s election campaigninanelectionbutdoesnotincludeacommitteethatisrecognised by a political party as
forming part of the politicalparty.Current as at [Not applicable]Page
91
Local
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 112](2)Aperson acting on
behalf of a group of candidatesincludesacommitteeformedtohelptheelectioncampaignofmembers of the group in an
election.Notauthorised—indicativeonly112Related
corporationsFor this part—(a)a
body corporate and any other body corporate related toit
are taken to be the 1 body corporate; and(b)whetherabodycorporateisrelatedtoanotherbodycorporatemustbedecidedinthesamewayabodycorporateisdecidedtoberelatedtoanotherbodycorporate under the Corporations Act.Division 1APolitical
donations from propertydevelopers113Meaning of prohibited donor(1)For this division,prohibited
donor—(a)means—(i)a property developer; or(ii)an industry
representative organisation, a majorityof whose members
are property developers; but(b)does
not include an entity for whom a determination isin
effect under section 113D.Note—Seesection194C(4)inrelationtothenon-effectofadetermination in particular
circumstances.(2)Forsubsection(1)(a),eachofthefollowingpersonsisaproperty
developer—(a)acorporationengagedinabusinessthatregularlyinvolves the making of relevant planning
applications byor on behalf of the corporation—Page
92Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 113](i)inconnectionwiththeresidentialorcommercialdevelopment of
land; and(ii)with the
ultimate purpose of the sale or lease of theland for
profit;(b)acloseassociateofacorporationmentionedinparagraph (a).(3)Fordecidingwhetheracorporationisacorporationmentioned in
subsection (2)(a), any activity engaged in by thecorporationforthedominantpurposeofprovidingcommercial
premises at which thecorporation,orarelatedbody corporate
of the corporation, will carry on business is tobedisregarded,unlessthebusinessinvolvesthesaleorleasing of a substantial part of the
premises.(4)In this section—close
associate, of a corporation, means any of the
followingpersons—(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 thecorporationorarelatedbodycorporateofthecorporation;(d)a
spouse of an individual mentioned in paragraph (b) or(c);(e)ifthecorporationorarelatedbodycorporateofthecorporationisastapledentityinrelationtoastapledsecurity—theotherstapledentityinrelationtothestapled security;(f)if
the corporation is a trustee, manager or responsibleentityinrelationtoaunittrust—apersonwhoholdsmore than 20% of
the units in the trust;(g)if the
corporation is a trustee, manager or responsibleentity in relation to a discretionary
trust—a beneficiaryof the trust.Current as at
[Not applicable]Page 93
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 113]director, of
a corporation, see the Corporations Act, section9.officer, of a
corporation, see the Corporations Act, section 9.relatedbodycorporate,ofacorporation,seetheCorporations Act, section 9.relevant planning applicationmeans—(a)anapplicationfor,ortochange,adevelopmentapproval under
the Planning Act 2016 or the repealedSustainable
Planning Act 2009; or(b)a request to the
Minister administering the Planning Act2016 or the
repealed Sustainable Planning Act 2009 ora local
government about the making or amendment of aplanning
instrument or designation under either Act; or(c)an
application for, or to change, an SDA approval underthe
State Development and Public Works OrganisationAct 1971;
or(d)a request or application to the
Minister who administersthe State Development and Public Works
OrganisationAct 1971 or the Coordinator-General about
any of thefollowing under that Act—(i)thedeclarationorvariationofacoordinatedproject,prescribeddevelopment,prescribedproject or State
development area;(ii)theimpositionof,orchangeto,conditionsonacoordinated project;(iii)thepreparationorvariationofadevelopmentscheme;
or(e)anapplicationfor,ortochange,aPDAdevelopmentapproval under
the Economic Development Act 2012; or(f)a
request to the Minister who administers the EconomicDevelopment Act 2012 or the MEDQ about the
making,declaration or amendment of any of the
following underthat Act—Page 94Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 113A](i)a priority development area or
provisional prioritydevelopment area;(ii)adevelopmentscheme,interimlanduseplan,orPDA-associateddevelopmentforaprioritydevelopment
area;(iii)aprovisionallanduseplanorPDA-associateddevelopmentforaprovisionalprioritydevelopment area; or(g)anapplicationorrequestofatypeprescribedbyregulation to be a relevant planning
application.stapled entity—(a)means an entity the interests in which
are traded alongwith the interests in another entity as
stapled securities;and(b)for an entity
mentioned in paragraph (a) that is a trust,includesanytrustee,managerorresponsibleentityinrelation to the trust.voting powersee the
Corporations Act, section 610.113AMeaning of political donation(1)Forthisdivision,eachofthefollowingisapoliticaldonation—(a)a gift made to or for the benefit
of—(i)a political party; or(ii)a councillor of
a local government; or(iii)a candidate or
group of candidates in an election;(b)a
gift made to or for the benefit of another entity—(i)to enable the entity (directly or
indirectly) to makeagiftmentionedinparagraph(a)ortoincurelectoral expenditure; orCurrent as at [Not applicable]Page
95
Local
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 113A]Notauthorised—indicativeonly(ii)toreimbursethe entity
(directly or indirectly) formakingagiftmentionedinparagraph(a)orincurring electoral
expenditure;(c)a loan from an entity other than a
financial institutionthat, if the loan were a gift, would
be a gift mentioned inparagraph (a) or (b).(2)Ifagiftismadebyapersoninaprivatecapacitytoanindividual
(therecipient) for the
recipient’s personal use andtherecipientdoesnotintendtousethegiftforanelectoralpurpose—(a)the
gift is not a political donation when it is made; but(b)if any part of the gift is used for an
electoral purpose,then, for the purposes of section
113B(3)—(i)that part of the gift is a political
donation; and(ii)the recipient is
taken to accept that part of the giftat the time it
is used for an electoral purpose.(3)A
reference in subsection (2) to using a gift for anelectoralpurposeisareferencetousingthegifttoincurelectoralexpenditure or for the recipient’s duties as
a councillor of alocal government.(4)In
this section—disposition of propertysee section
107(3).giftmeans—(a)the disposition of property or the
provision of a service,without consideration or for a
consideration that is lessthan the market value, but does not
include—(i)transmission of property under a will;
or(ii)provision of a
service by volunteer labour; or(b)an
amount of interest that would have been payable on aloan
if—(i)theloanhadbeenmadeontermsrequiringthepaymentofinterestatthegenerallyprevailinginterest rate
for a loan of that kind; andPage 96Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 113B](ii)any interest
payable had not been waived; and(iii)any
interest payments were not capitalised; or(c)an
amount paid for attendance at or participation in afundraising activity, to the extent the
amount forms partoftheproceedsofthefundraisingactivitytowhichitrelates; or(d)anyofthefollowingamountspaidbyapersontoapoliticalparty,totheextentthetotalamountoftheperson’s
payments in a calendar year exceeds $1,000—(i)anamountpaidasasubscriptionforaperson’smembership of
the party;(ii)an amount paid
for a person’s affiliation with theparty.113BPolitical donations by prohibited
donors(1)Itisunlawfulforaprohibiteddonortomakeapoliticaldonation.(2)Itisunlawfulforapersontomakeapoliticaldonationonbehalf of a prohibited donor.(3)It is unlawful for a person to accept
a political donation thatwas made (wholly or in part) by or on
behalf of a prohibiteddonor.(4)Itisunlawfulforaprohibiteddonortosolicitapersontomake
a political donation.(5)It is unlawful
for a person to solicit, on behalf of a prohibiteddonor, another person to make a political
donation.113CRecovery of prohibited
donations(1)Ifapersonacceptsaprohibiteddonation,thefollowingamount is
payable by the person to the State—(a)ifthepersonknewitwasunlawfultoaccepttheprohibiteddonation—anamountequaltotwicetheamount or value of the prohibited
donation;Current as at [Not applicable]Page
97
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 113C](b)otherwise—an amount equal to the amount or
value ofthe prohibited donation.(2)The
amount may be recovered by the State as a debt due to theState from—(a)if
the recipient is a registered political party that is not acorporation—the party’s agent; or(b)if the recipient is a group of
candidates—the members ofthe group or the group’s agent;
or(c)iftherecipientisacandidate—thecandidateorthecandidate’s
agent; or(d)otherwise—the recipient.(3)The imposition of liability to pay an
amount to the State underthis section—(a)is
not a punishment or sentence for an offence againstsection 194A or any other offence;
and(b)isnotamattertowhichacourtmayhaveregardinsentencinganoffenderforanoffenceagainstsection194A or any
other offence.(4)AnactioninacourttorecoveranamountduetotheStateunder this section may be brought in the
name of the electoralcommission.(5)Any
process in the action required to be served on the Statemay
be served on the electoral commission.(6)In
this section—prohibiteddonationmeansapoliticaldonationthatwasunlawfully made or accepted under section
113B.recipientmeanstheentitytowhom,orforthebenefitofwhom, the prohibited donation was
made.Page 98Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 113D]113DMaking of determination that entity is
not a prohibiteddonor(1)Apersonmayapplytotheelectoralcommissionerforadeterminationthattheperson,oranotherentity,isnotanentity mentioned in section 113(1)(a)(i) or
(ii).(2)Theapplicationmustbewrittenandsupportedbyenoughinformationtoenabletheelectoralcommissionertodecidethe
application.(3)If the electoral commissioner
issatisfiedtheentitytowhomtheapplicationrelatesisnotanentitymentionedinsection113(1)(a)(i) or
(ii), the electoral commissioner must make thedetermination
sought by the applicant.(4)Otherwise, the
electoral commissioner must—(a)decide not to make the determination;
and(b)givetheapplicantaninformationnoticeaboutthedecision.(5)Adeterminationhaseffectfor1yearunlessitisearlierrevoked.113ERevocation of determination(1)If,atanytime,theelectoralcommissionerceasestobesatisfied the
entity to whom a determination relates is not anentitymentionedinsection113(1)(a)(i)or (ii),theelectoralcommissionermayrevokethedeterminationbygivingawritten notice of revocation to the entity
and, if the entity wasnot the applicant for the
determination, the applicant.(2)The
notice of revocation given to the entity must include, or beaccompanied by, an information notice about
the decision torevoke the determination.113FRegister of determinations(1)Theelectoralcommissionermustkeeparegisterofdeterminations made under section
113D.Current as at [Not applicable]Page
99
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 113G](2)The
register must include any revocations made under section113E.(3)The
electoral commissioner must make the register availablefor
public inspection without fee.113GReview of decisionsApersonwhoisgiven,orisentitledtobegiven,aninformation notice about a decision under
this division has arighttoappealagainstthedecisionundertheElectoralAct1992, part 11, division 20, as if the
decision were a decision towhich section
277(4)(b) or 278(2) of that Act applied.Division 2Disclosure periodsSubdivision
1Disclosure period for candidates114Disclosure period for candidates who
were previouslycandidates in a local government
election(1)This section applies to a candidate
for an election (thecurrentelection)if,within5yearsbeforethepollingdayforthecurrentelection,thecandidatewasacandidateforanotherelection.(2)The candidate’s disclosure period for
the current election isthe period—(a)starting—(i)onthedayprescribedbyregulationforthissubparagraph;
or(ii)if a day is not
prescribed—30 days after the pollingday for the most
recently held election for whichthe candidate
was also a candidate; andPage 100Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 115]Example for subparagraph (ii)—If
the polling day for the most recently held election was15
March, the disclosure period starts at the beginning of15
April.(b)ending—(i)onthedayprescribedbyregulationforthissubparagraph;
or(ii)if a day is not
prescribed—30 days after the pollingday for the
current election.Example for subparagraph (ii)—If
the polling day for the current election was 31 March,the
disclosure period ends at the end of 30 April.115Disclosure period—other candidates(1)Thissectionappliestoacandidateforanelectionifsection 114 does not apply to the
candidate.(2)Thecandidate’sdisclosureperiodfortheelectionistheperiod—(a)starting on the day the first of the
following happens or,if they happen at the same time, when
they happen—(i)thepersonannouncesthepersonistobeacandidate in the election;(ii)the person
nominates as a candidate in the election;and(b)ending—(i)onthedayprescribedbyregulationforthissubparagraph;
or(ii)if a day is not
prescribed—30 days after the pollingday for the
election.Example for subparagraph (ii)—If
the polling day for the current election was 31 March,the
disclosure period ends at the end of 30 April.Current as at
[Not applicable]Page 101
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 116]Subdivision
2Disclosure period for groups ofcandidates116Disclosure period for groups of
candidatesThe disclosure period, for an election
(thecurrent election),for
a group of candidates is the period—(a)starting—(i)onthedayprescribedbyregulationforthissubparagraph;
or(ii)if a day is not
prescribed—30 days after the pollingdayforthemostrecentlyheldquadrennialelections;
andExample for subparagraph (ii)—If
the polling day for the most recently held quadrennialelection was 15 March, the disclosure period
starts at thebeginning of 15 April.(b)ending—(i)onthedayprescribedbyregulationforthissubparagraph;
or(ii)if a day is not
prescribed—30 days after the pollingday for the
current election.Example for subparagraph (ii)—If
the polling day for the current election was 31 March,the
disclosure period ends at the end of 30 April.Division 3Disclosure by candidates117Gifts
to candidates(1)Subsection(2)appliesif,duringacandidate’sdisclosureperiod for an
election, the candidate receives a gift of a valueequal to or more than $500.Page
102Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 117](2)Thecandidatemustgivetheelectoralcommissionareturnabout the gift
on or before the disclosure date 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 candidate must, within the
required period for theelection,givetheelectoralcommissionareturnintheapproved form, stating—(a)ifthecandidatereceivedgiftsduringthedisclosureperiod—(i)thetotalvalueofallgiftsreceivedduringthedisclosure period; and(ii)the
number of entities that gave the gifts; or(b)otherwise—thatnogiftswerereceivedduringthedisclosure period.(5)For
subsection (1), the value of a gift is taken to include thevalue of all other gifts previously given to
the candidate by thesame entity during the candidate’s
disclosure period.(6)Acandidateneednotcomplywiththissectionifthecandidate—(a)givesareturn,intheapprovedform,totheelectoralcommissionbeforemakingthedeclarationofofficeunder theLocal Government Act 2009,
section 169 andthe return states the candidate—(i)does not expect to receive gifts in
the candidate’sdisclosure period for the election after
giving thereturn; and(ii)willgivereturnsunderthissectionifgiftsarereceivedduringthecandidate’sdisclosureperiodfor
the election after giving the return; and(b)does
not receive gifts during the candidate’s disclosureperiod for the election after giving the
return.Current as at [Not applicable]Page
103
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 118](7)Iftheelectoralcommissionreceivesareturnundersubsection (2)fromacandidatewhoissuccessfulinanelection,theelectoralcommissionmustgiveacopyofthereturn to the chief executive officer
of the local governmentfor which the election was
held.(8)This section does not apply to a
candidate who is a member ofa group of
candidates.118Gifts to groups of candidates(1)Subsection (2) applies if, during the
disclosure period for anelection for a group of candidates, a
member of the group, or aperson acting on behalf of the group,
receives a gift of a valueequal to or more than $500.(2)The group’s agent must give the
electoral commission a returnabout the gift
on or before the disclosure date for the return.(3)Each return must—(a)be
in the approved form; and(b)state—(i)the names of the candidates forming
the group; and(ii)the name, if
any, of the group; and(iii)the relevant
details for the gift.(4)Also,theagentmust,withintherequiredperiodfortheelection,givetheelectoralcommissionareturnintheapproved form, stating—(a)ifanymembersofthegroup,orapersonactingonbehalf of the group, received gifts
during the disclosureperiod—(i)thetotalvalueofallgiftsreceivedduringthedisclosure period; and(ii)the number of
entities that gave the gifts; or(b)otherwise—that no gifts were received by any
memberof the group, or a person acting on behalf
of the group,during the disclosure period.Page
104Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 119](5)For subsection (1), the value of a
gift is taken to include thevalue of all
other gifts previously given to any member of thegroup, or a person acting on behalf of the
group, by the sameentity during the group’s disclosure
period.(6)The agent need not comply with this
section if—(a)each candidate who is a member of the
group gives areturn,intheapprovedform,totheelectoralcommissionbeforemakingthedeclarationofofficeunder theLocal Government Act 2009,
section 169 andthe return states—(i)the
candidate does not expect the group to receivefurthergiftsduringthegroup’sdisclosureperiodfor
the election after giving the return; and(ii)thegroup’sagentwillgiveareturnunderthissectioniffurthergiftsarereceivedduringthegroup’sdisclosureperiodfortheelectionaftergiving the
return; and(b)thegroupdoesnotreceivefurthergiftsduringthegroup’sdisclosureperiodfortheelectionaftergivingthe
return.(7)Iftheelectoralcommissionreceivesareturnundersubsection (2) from the agent of a group of
candidates, any ofwhom are successful in an election, the
electoral commissionmust give a copy of the return to the
chief executive officer ofthe local government for which the
election was held.119Particular gifts not to be
received(1)A candidate for an election, or a
person acting on behalf of thecandidate, must
not, during the candidate’s disclosure periodfor the
election, receive a prescribed gift made to, or for thebenefit of, the candidate unless—(a)the relevant details for the gift are
known to the personreceiving the gift; or(b)when
the gift is made—Current as at [Not applicable]Page
105
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 119](i)theentitygivingthegiftgivestothepersonreceiving the gift details of the gift;
and(ii)thepersonreceivingthegifthasnoreasonablegrounds to
believe that the details given are not thecorrect relevant
details for the gift.(2)A group of
candidates for an election, or a person acting onbehalf of the group, must not, during the
group’s disclosureperiod for the election, receive a
prescribed gift made to, orfor the benefit
of, the group of candidates unless—(a)the
relevant details for the gift are known to the group orperson receiving the gift; or(b)when the gift is made—(i)the entity making the gift gives the
group or personreceiving the gift details of the gift;
and(ii)thegrouporpersonreceivingthegifthasnoreasonable grounds to believe that the
details givenare not the correct relevant details for the
gift.(3)If a person or group receives a gift
in contravention of thissection, an amount equal to the value
of the gift—(a)is payable by the person or group to
the State; and(b)may be recovered by the State as a
debt owing to thelocal government.(4)For
this section, the value of a gift is taken to include the
valueof all other gifts previously received by
the candidate, groupof candidates or person acting on
behalf of the candidate orgroup, from the same entity during the
candidate’s or group’sdisclosure period.(5)In
this section—prescribed giftmeans a gift
with a value of at least $500.Page 106Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 120]120Loans to candidates or groups of
candidates(1)Subsection(2)appliesif,duringacandidate’sdisclosureperiod for an
election, the candidate receives a loan equal to ormore
than $500.(2)Thecandidatemustgivetheelectoralcommissionareturnabout the loan
on or before the disclosure date for the return.(3)Subsection(4)appliesif,duringthedisclosureperiodforagroup of
candidates for an election, the group receives a loanequal to or more than $500.(4)The agent for the group must give the
electoral commission areturn about the loan on or before the
disclosure date for thereturn.(5)However, subsections (1) and (3) do not
apply to a loan from afinancial institution.(6)Each return given under subsection (2)
or (4) must—(a)be in the approved form; and(b)state—(i)the
value of the loan; and(ii)the date on
which the loan was made; and(iii)the
terms of the loan; and(c)iftheloanwasmadebythemembersofanunincorporated association,
include—(i)the association’s name; and(ii)unlesstheassociationisaregisteredindustrialorganisation—thenamesandresidentialorbusiness addresses of the members of the
executivecommittee, however described, of the
association;and(d)if the loan was
purportedly made out of a trust fund orout of the funds
of a foundation, include—Current as at [Not applicable]Page
107
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 121](i)the
names and residential or business addresses ofthetrusteesofthefundorotherpersonsresponsible for the funds of the foundation;
and(ii)the title or
other description of the trust fund or thename of the
foundation; and(iii)iftheloanismadeoutofatrustaccountofalawyeroraccountantundertheinstructionsofaperson who is in substance the
lender—the nameand residential or business address of the
person;and(e)ifneitherparagraph(c)nor(d)apply—thenameandresidential or business address of the
person who madethe loan.(7)Also, the candidate or agent must, within
the required periodfor the election, give the electoral
commission a return in theapproved form, stating—(a)ifthecandidateorgroupreceivedloansduringthedisclosure period—(i)thetotalvalueofallloansreceivedduringthedisclosure period; and(ii)the number of
entities who made the loans; or(b)otherwise—that no loans were received by the
candidateor group during the disclosure
period.(8)For subsections (1) and (3), the
amount of a loan received bythe candidate or
group is taken to include the value of all otherloans previously given to the candidate or
group by the sameentity during the disclosure period.121Particular loans not to be
received(1)A candidate for an election, or person
acting on behalf of thecandidate,mustnotreceivealoanof$500ormorefromaperson,otherthanafinancialinstitution,duringthecandidate’sdisclosureperiodfortheelectionunlessthecandidate or person keeps a record of the
loan.Page 108Current as at
[Not applicable]
Local
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 121]Notauthorised—indicativeonly(2)Agroupofcandidatesforanelection,orpersonactingonbehalf of the group of candidates,
must not receive a loan of$500 or more from a person, other than
a financial institution,during the group’s disclosure period
for the election unless thegroup or person
keeps a record of the loan.(3)Therecordundersubsection (1)or(2)muststatethefollowing—(a)the
terms of the loan;(b)iftheloanwasreceivedfromaregisteredindustrialorganisation
other than a financial institution—(i)the
name of the organisation; and(ii)thenamesandaddressesofthemembersoftheexecutivecommittee,howeverdescribed,oftheorganisation;(c)iftheloanwasreceivedfromanunincorporatedassociation—(i)the
name of the association; and(ii)unlesstheassociationisaregisteredindustrialorganisation—thenamesandresidentialorbusiness addresses of the members of the
executivecommittee, however described, of the
association;(d)iftheloanwaspaidoutofatrustfundoroutofthefunds of a foundation—(i)the
names and residential or business addresses ofthetrusteesofthefundorotherpersonsresponsible for the funds of the foundation;
and(ii)the title or
other description of the trust fund, or thename of the
foundation; and(iii)iftheloanismadeoutofatrustaccountofalawyeroraccountantundertheinstructionsofaperson who is in substance the
lender—the nameand residential or business address of the
lender;(e)if none of paragraphs (b), (c) and (d)
applies—the nameand residential or business address of the
person.Current as at [Not applicable]Page
109
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 122](4)Ifacandidate,grouporpersonreceivesaloanincontravention of subsection (1) or (2), an
amount equal to theamount or value of the loan—(a)is payable by the candidate, group or
person to the State;and(b)may
be recovered by the State from the candidate, groupor
person as a debt.(5)For subsections (1) and (2), the
amount of a loan received bythe candidate or
group is taken to include the value of all otherloans previously given to the candidate or
group by the sameentity during the disclosure period.122Electoral commission to give reminder
notice tocandidates(1)Theelectoralcommissionmust,within10weeksafterthepolling day, or if no poll is
conducted, the day a poll wouldotherwise have
been required to be conducted under this Act,for an election,
give written notice to a candidate or agent fora group of
candidates if—(a)the candidate has not given the return
the candidate isrequired,undersection 117(4)or120(7),togivetheelectoral commission for the election;
or(b)the agent has not given the return the
agent is required,undersection
118(4)or120(7),togivetheelectoralcommission for
the election.(2)The notice must state—(a)thecandidateoragentisrequiredtogivethereturnunder section
117, 118 or 120; and(b)the following
provisions, or a general outline of them, tothe extent they
may be relevant to the candidate—•theLocalGovernmentAct2009,section 153andtheCity of Brisbane Act 2010,
section 153•section 117•section 118Page 110Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 123]•section 120•section 195•section 197.(3)To
remove any doubt, it is declared that—(a)this
section does not apply because of subsection (1)(a)if,
under section 117(6), the candidate is not required togive
the return; and(b)this section does not apply because of
subsection (1)(b)if, under section 118(6), the agent is not
required to givethe return.Division 4Disclosure by third parties123Definition for divisionIn
this division—third party, for an
election, means any entity other than—(a)a
political party, an associated entity or a candidate; or(b)personsappointedtoformacommitteetohelptheelectioncampaignofacandidatewhohasbeennominatedforelectionbytheregisteredofficerofaregistered
political party, if the committee is recognisedbythepoliticalpartyasformingpartofthepoliticalparty; or(c)apersonwhoisamemberofacommitteefortheelectionofacandidateormembersofagroupofcandidates for the election.124Third party expenditure for political
activity(1)This section applies to a third party
for an election if—(a)the third party incurs expenditure for
a political activityrelating to the election during the
disclosure period forthe election; andCurrent as at
[Not applicable]Page 111
Local
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 124]Notauthorised—indicativeonly(b)the amount of
the expenditure is $500 or more.(2)The
third party must, for each amount of expenditure incurredduring the disclosure period, give the
electoral commission areturn on or before the disclosure
date for the return.(3)Each return
must—(a)be in the approved form; and(b)state—(i)thetotalvalueoftheexpendituretowhichthereturn relates; and(ii)when
the expenditure was incurred; and(iii)the
particular purpose of the expenditure.(4)For
subsection (1)—(a)each amount of expenditure incurred by
the third partyis taken to include any amounts previously
incurred bythethirdpartyforapoliticalactivityrelatingtotheelectionduringthedisclosureperiodfortheelection;and(b)an amount of
expenditure incurred by the third party forapoliticalactivityrelatingto2ormoreelectionsistaken to have been incurred by the third
party for each ofthe elections.(5)In
this section—disclosure period, for an
election, means the period—(a)starting—(i)onthedayprescribedbyregulationforthissubparagraph;
or(ii)if a day is not
prescribed—on the day after the daythereturningofficerpublishesnoticeoftheelection in a
newspaper under section 25; and(b)ending—(i)onthedayprescribedbyregulationforthissubparagraph;
orPage 112Current as at
[Not applicable]
Local
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 125](ii)if a day is not
prescribed—at 6p.m. on the pollingday for the
election.Notauthorised—indicativeonly125Gifts received by third parties to
enable expenditure forpolitical activity(1)This
section applies—(a)to a gift—(i)intended by the person who gives it to be
used bythepersonwhoreceivesit(thereceiver),eitherwhollyorinpart,toenablethereceivertoincurexpenditure for
a political purpose or to reimbursethe receiver for
incurring expenditure for a politicalpurpose;
and(ii)the value of
which is $500 or more; and(b)if a third party
for an election—(i)receivesthegiftduringthedisclosureperiodforthe election; and(ii)appliesthegift,eitherwhollyorinpart,toapolitical activity relating to the
election.(2)The third party who receives the gift
must give the electoralcommission a return about the gift on
or before the disclosuredate for the return.(3)Each return must—(a)be
in the approved form; and(b)state the
relevant details for the gift.(4)Forsubsection(1)(a)(ii),thevalueofthegiftistakentoinclude the value of all other gifts
previously given to the thirdparty by the
same entity during the disclosure period.(5)In
this section—disclosureperiod,foranelection(thecurrentelection),means the period—(a)starting—Current as at
[Not applicable]Page 113
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 126](i)onthedayprescribedbyregulationforthissubparagraph;
or(ii)if a day is not
prescribed—30 days after the pollingdayforthemostrecentlyheldquadrennialelections;
andExample for subparagraph (ii)—If
the polling day for the most recently held quadrennialelection was 15 March, the disclosure period
starts at thebeginning of 15 April.(b)ending—(i)onthedayprescribedbyregulationforthissubparagraph;
or(ii)if a day is not
prescribed—ending 30 days after thepolling day for
the current election.Example for subparagraph (ii)—If
the polling day for the current election was 31 March,the
disclosure period ends at the end of 30 April.Division 5Operation of accounts126Requirement for candidate to operate
dedicated account(1)This section applies to a candidate
for an election.(2)Thecandidatemustoperateanaccountwithafinancialinstitution if
the candidate receives an amount mentioned insubsection (3)
or pays an amount mentioned in subsection (4).(3)All
amounts received by the candidate, or a person on behalfof
the candidate, during the candidate’s disclosure period fortheelectionfortheconductofthecandidate’selectioncampaign, including all gifts received by
the candidate for theelection, and all amounts received as
loans to the candidate,must be placed in the account.(4)All amounts paid by the candidate, or
a person on behalf ofthe candidate, during the candidate’s
disclosure period for thePage 114Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 127]election for the conduct of the candidate’s
election campaignmust be paid out of the account.(5)Theaccountmustnot,duringthecandidate’sdisclosureperiod for the
election, be used other than for receiving andpaying amounts
under subsections (3) and (4).(6)Ifanamountremainsintheaccountattheendofthedisclosure period, the amount or part
of the amount may—(a)bekeptintheaccountfortheconductofanotherelection
campaign by the candidate; or(b)if
the candidate was a member of a political party duringthe
disclosure period—be paid to the political party; or(c)be paid to a charity nominated by the
candidate.(7)An amount mentioned in subsection (6)
must not be dealt withother than under that
subsection.(8)Thecandidatemusttakeallreasonablestepstoensuretherequirements of subsections (2) to (7) are
complied with.Maximum penalty for subsection (8)—100
penalty units.(9)Amounts mentioned in subsections (3)
and (4) do not includeamounts received or paid out by a
group of candidates for theelection of
which the candidate is a member.127Requirement for group of candidates to
operatededicated account(1)This
section applies if a candidate is a member of a group ofcandidates for an election.(2)The group must operate an account with
a financial institutionif the group receives an amount
mentioned in subsection (3)or pays an
amount mentioned in subsection (4).(3)All
amounts received by the group, or a person on behalf ofthegroup,duringthegroup’sdisclosureperiodfortheelectionfortheconductofthegroup’selectioncampaign,including all gifts received by the group
for the election, andall amounts received as loans to the
group, must be placed inthe account.Current as at
[Not applicable]Page 115
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 128](4)All
amounts paid by the group, or a person on behalf of thegroup, during the group’s disclosure period
for the election forthe conduct of the group’s election
campaign must be paid outof the account.(5)The
account must not, during the group’s disclosure period fortheelection,beusedotherthanforreceivingandpayingamounts under
subsections (3) and (4).(6)If an amount
remains in the account at the end of the group’sdisclosure period for the election, the
amount or part of theamount may—(a)bekeptintheaccountfortheconductofanotherelection
campaign by the group; or(b)if each member
of the group was a member of a politicalpartyduringthedisclosureperiod—bepaidtothepolitical party; or(c)be paid to a charity nominated by the
group.(7)An amount mentioned in subsection (6)
must not be dealt withother than under that
subsection.(8)Each candidate who is a member of the
group must take allreasonable steps to ensure the requirements
of subsections (2)to (7) are complied with.Maximum penalty for subsection (8)—100
penalty units.Division 6Gifts
register128Register of gifts(1)The
electoral commission must keep a register of gifts for anelection (thegifts
register).(2)The gifts
register must include the following—(a)all
returns given to the electoral commission under thispart;Page 116Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 129](b)applicationsmadetotheelectoralcommissionundersection 132;(c)copies of information given by the electoral
commissionunder section 130(2);(d)statutory declarations given to the
electoral commissionunder section 130(5);(e)copiesofnoticesgivenbytheelectoralcommissionunder section
131(3);(f)particularsgiventotheelectoralcommissionafterarequest made under section
131(3);(g)noticesgiventotheelectoralcommissionundersection 198(2).129Access to gifts register(1)Theelectoralcommissionmustensurethatthepublicmayinspect the gifts register—(a)at the commission’s public office;
and(b)on the commission’s website.(2)A person must not knowingly disclose
information obtainedfrom the register if it is not a true
copy, or a fair summary, ofparticulars in
the register.Maximum penalty for subsection (2)—20
penalty units.130Queries on contents of gifts
register(1)Apersonwhosuspectsorbelieves,onreasonablegrounds,that
a return given to the electoral commission under this parthas
an error or omission may, in writing, inform the electoralcommission of the suspicion or
belief.(2)Theelectoralcommissionmustimmediately,afterbeinginformedundersubsection
(1),takereasonablestepstoinform, in writing, the person who
gave the return about thesuspicion or belief.Current as at [Not applicable]Page
117
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 130A](3)Thepersonwhogavethereturnmust,within30daysafterbeinginformedundersubsection
(2),establishwhetherthereturn should be amended to make it a
true record of fact.(4)If the person
establishes that the return should be amended,thepersonmustapply,undersection 132,totheelectoralcommissiontoamendthereturntocorrecttheerrororomission.(5)Ifthepersonestablishesthereturndoesnotneedtobeamended, the person must—(a)completeastatutorydeclarationtotheeffectthattheparticulars in the return are a true
record of fact; and(b)givethestatutorydeclarationtotheelectoralcommission.Division
6AAuthorised officers under pt 6130AFunctions and powers of authorised
officers etc.(1)Thepurposeofthisdivisionistoensuretheelectoralcommission has
available to it suitably qualified persons whocan help the
electoral commission properly deal with issuesabout compliance
under this part.(2)The functions of an authorised officer
under theElectoral Act1992,part11,alsoincludethefollowingfunctions(thefurther
functions)—(a)to investigate
and enforce compliance with this part;(b)toinvestigatewhetheranoccasionhasarisenfortheexercise of powers under this
part;(c)to facilitate the exercise of powers
under this part.(3)For the performance of the further
functions by an authorisedofficer—(a)the
authorised officer may exercise the officer’s powersunder theElectoral Act
1992, part 11, divisions 15 to 18;andPage 118Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 130A](b)on an application by the authorised
officer, a magistratemay issue a warrant for a place under
section 336 of thatActonlyifthemagistrateissatisfiedtherearereasonable grounds for
suspecting—(i)there is a particular thing or
activity (theevidence)thatmayprovideevidenceofanoffenceagainstthis part;
and(ii)the evidence is
at the place or, within the next 7days, will be at
the place; and(c)the electoral commissioner may decide
a seized thing isforfeited to the State under section 354 of
that Act; and(d)theauthorisedofficermustcomplywithpart11,division 19, subdivision 1 of that
Act; and(e)a person who incurs a loss because of
the exercise, orpurported exercise, of a power mentioned in
paragraph(a)mayapplyforcompensationundersection 367ofthat
Act; and(f)the electoral commissioner, an
authorised officer and apersonactingundertheauthorityordirectionofanauthorisedofficerareeachadesignatedpersonforsection 372 of that Act; and(g)a reference in part 11 of that Act to
an offence againstthat part is taken to be a reference to an
offence againstthis part; and(h)a
person who is given an information notice under part11
of that Act has a right to appeal under section 374 ofthat
Act.(4)In this section—authorised
officermeans a person who holds office under
theElectoralAct1992,part11,division14,asanauthorisedofficer.Current as at [Not applicable]Page
119
Local
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 131]Division 7MiscellaneousNotauthorised—indicativeonly131Inability to
complete returns(1)Ifapersonwhoisrequiredto giveareturnunderthispartconsiders it is impossible to complete the
return because thepersonisunabletoobtainparticularsrequiredforthepreparation of
the return, the person may—(a)preparethe
returntotheextentitispossibleto
dosowithout the particulars; and(b)give the return to the electoral
commission; and(c)give the electoral commission a
written notice—(i)identifying the return; and(ii)stating that the
return is incomplete; and(iii)identifying the
particulars; and(iv)stating the
reasons the person is unable to obtainthe particulars;
and(v)if the person believes, on reasonable
grounds, thatanother person can give those
particulars—statingthatbeliefandreasonsforitand,ifknown,thename
and address of that other person.(2)A
person who complies with subsection (1) must not, merelybecauseoftheomissionoftheparticulars,betaken,forsection 195(1), to have failed to comply
with that section.(3)The electoral commission may, by
written notice, ask a personstated in a
notice given under subsection (1)(c)(v) or (5)(e), togivetheparticularsmentionedinthenoticetothecommission, in
writing, within a stated period.(4)The
person must comply with the requirement.(5)If a
person required to give particulars under subsection (3) isunable to obtain some or all of the
particulars, the person mustgive the
commission a written notice—(a)stating any particulars the person is able
to give; andPage 120Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 6 Electoral
funding and financial disclosure[s 132](b)stating that the person is unable to
obtain some or all ofthe particulars; and(c)identifying the particulars the person
is unable to obtain;and(d)statingthereasonsthepersonconsidersthepersonisunable to obtain the particulars; and(e)ifthepersonbelieves,onreasonablegrounds,thatanotherpersonwhosenameandaddressthepersonknows can give
the particulars—stating that belief andreasons for it
and, if known, the name and address ofthat other
person.132Amendment of returns(1)Apersonwhohasgivenareturnunderthisparttotheelectoral
commission may at any time apply to the electoralcommissiontoamendthereturntocorrectanerrororomission.(2)The
application under subsection (1) must—(a)be
signed by the applicant; and(b)state the particulars of the
amendment.(3)The electoral commission must—(a)allow the applicant to amend the
return as stated in theapplication; and(b)recordinthegiftsregisterparticularsofthedateandtime
of the amendment.(4)The amendment of a return under this
section does not affectthe liability of a person to be
convicted of an offence undersection 195(2)
committed before the amendment.132AElectronic lodgement of returns(1)The electoral commission may make
procedures about how areturn under this part may be lodged
electronically.Current as at [Not applicable]Page
121
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 6 Electoral funding and financial
disclosure[s 133](2)The
procedures—(a)do not take effect until approved by a
regulation; and(b)mustbetabledintheLegislativeAssemblywiththeregulation approving the procedures;
and(c)must be published on the commission’s
website.(3)If a return under this part is lodged
as provided for under theprocedures,thereturnistakentohavebeengiventotheelectoral commission.133Things taken to be done by political
party(1)Thissectionappliestoapoliticalpartythatisnotabodycorporate.(2)For
this part, things done by or with the authority of membersor
officers of the party on behalf of the party are done by orfor
the political party.134Noncompliance with part does not
affect election(1)A failure of a person to comply with a
provision of this partfor an election does not invalidate
the election.(2)Without limiting subsection (1), if a
candidate who is electedat an election fails to comply with a
provision of this part forthe election, the failure does not
invalidate the election of thecandidate.Page 122Current as at [Not applicable]
Notauthorised—indicativeonlyPart
7Local Government Electoral Act 2011Part
7 Disputed results[s 136]Disputed
resultsDivision 1Disputing local
governmentelections136Local
government election may be disputed under thispart(1)The election of a person under this
Act may be disputed by anapplication to the Court of Disputed
Returns under this part.(2)The election may
not be disputed in any other way.137Who
may dispute an electionAn election may be disputed by—(a)acandidateinthedivision,ifany,ofthelocalgovernment for
which the election is held; or(b)an
elector in the division, if any, of the local governmentfor
which the election is held; or(c)the
electoral commission; or(d)apersonwhothereturningofficerdecided,undersection 28, was not properly nominated for
the election.138Requirements for an application to be
effective(1)An application must—(a)state the facts relied on to dispute
the election; and(b)state the order sought from the court;
and(c)be signed by—(i)foranapplicationby theelectoralcommission—the electoral
commissioner; or(ii)otherwise—the
applicant before a witness; andCurrent as at
[Not applicable]Page 123
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 7 Disputed results[s 139](d)ifparagraph(c)(ii)applies—containthesignature,occupation and
address of the witness.(2)The applicant
must—(a)file the application with the Supreme
Court registry inBrisbanewithin7daysaftertheconclusionoftheelection to which the application
relates; and(b)when filing the application, deposit
with the court—(i)$400; or(ii)ifagreateramountisprescribedunderaregulation—that amount.(3)Subsection (1) does not stop the
amendment of an application.139Copies of application to be given to elected
candidateand electoral commissionThe registrar of
the Supreme Court must give a copy of anapplication
filed under section 138(2) to—(a)thesuccessfulcandidateintheelectiontowhichtheapplication relates; and(b)theelectoralcommission,unlesstheelectoralcommission filed
the application.140Application to court for order
relating to documents etc.(1)An applicant may
apply to the Court of Disputed Returns foranorderrequiringtheelectoralcommissionorareturningofficer to give
the court stated documents or other things heldby the electoral
commission or a returning officer that relate toan
election.(2)Thecourtmaymaketheorderaboutanapplicationitconsiders appropriate.Page 124Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 7 Disputed
results[s 141]141Parties to application(1)The
parties to an application are the person who filed it andany
respondent under this section.(2)The
electoral commission is a respondent to any applicationfiled by another person under this
division.(3)Thesuccessfulcandidateinanelectiontowhichanapplicationrelatesisapartytotheapplicationifthecandidate,within7daysafterreceivingacopyoftheapplication under section 139, files a
notice with the SupremeCourt registry in Brisbane stating
that the candidate wishes tobe a
respondent.142How application is to be dealt with by
the court(1)TheCourtofDisputedReturnsmayconducthearingsandother proceedings for an
application.(2)The court is not bound by
technicalities, legal forms or rulesof
evidence.(3)Thecourtmustdealwithanapplicationasquicklyasisreasonable in the
circumstances.(4)In giving effect to subsection (3),
the court must use its bestefforts to
ensure that—(a)theproceedingbeginswithin28daysaftertheapplication is filed; and(b)the court’s final orders are given
within 14 days after theend of the proceeding.(5)Despite subsections (3) and (4), the
court must give all partiesto the
proceeding at least 10 days notice before it begins theproceeding.(6)TherulesofcourtoftheSupremeCourtmayincludeprovision,notinconsistentwiththisdivision,aboutthepractices and procedures of the Court of
Disputed Returns.(7)Without limiting subsection (6), the
rules of court may makeprovisionaboutthewithdrawalofapplications,theCurrent as at [Not applicable]Page
125
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 7 Disputed results[s 143]consequences of the death of applicants and
the substitution ofapplicants in these circumstances.143Application for dismissal of
application disputingelection(1)The
electoral commission may apply to the Court of DisputedReturns for an order dismissing an
application on the groundthat there has been excessive delay by
the applicant in relationto the application.(2)Thecourtmaymaketheorderontheapplicationundersubsection (1) that the court considers
appropriate.144Powers of the court(1)Subjecttosections 145and146,theCourtofDisputedReturns may make
any order or exercise any power relating toan application
that the court considers just and equitable.(2)The
orders may include any of the following—(a)anordertotheeffectthatacandidateelectedatanelection is
taken not to have been elected;(b)an
order to the effect that a new election must be held;(c)an order to the effect that a
candidate, other than the oneelectedatanelection,istakeninsteadtohavebeenelected;(d)an
order to dismiss or uphold an application in whole orpart.(3)To
remove doubt, it is declared that the court may order theopening of a sealed declaration
envelope.(4)However,thecourtmustensure,asfarasisreasonablypracticable, the
secrecy of a ballot is maintained.Page 126Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 7 Disputed
results[s 145]145Restrictions on particular orders(1)TheCourtofDisputedReturnsmustnotmakeanordermentioned in
section 144(2) because of a delay in—(a)the
announcement of nominations under section 32; or(b)complying with the requirements of
part 4, division 5, 6or 7.(2)Also, the court must not make an order under
section 144(2)(other than an order to dismiss the
application)—(a)becauseofanabsenceorerrorof,oromissionby,amember of the electoral commission’s
staff that appearsunlikely to have had the effect that a
candidate elected atan election would not have been
elected; or(b)becauseincorrectinformationanelectorgivestoanissuing officer
is written on a declaration envelope theelector
signed.(3)Indecidingwhethertherequirementsofsubsection (2)aremet,thecourtmustnot,ifitfindsthatanelectorwaspreventedfromvotingatanelectionbyabsence,errororomission, take into account any
evidence of the way in whichthe elector had
intended to vote.(4)Thecourtmustnotmakeanordermentionedinsection 144(2) because—(a)thenamesofcandidateswerenotstatedonaballotpaper in the
order required by section 55(2); or(b)anameorotherwordthatwasrequiredbysection 55(1)(f) to be printed on a ballot
paper adjacenttoacandidate’snamewasnotsoprintedorwasmisspelt, inaccurate or incorrect;
or(c)anameorotherwordthatwasnotauthorisedbysection 55(1)(f) was printed on a ballot
paper adjacent toa candidate’s name.Current as at
[Not applicable]Page 127
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 7 Disputed results[s 146]146Restriction on particular evidence and
inquiries(1)Inaproceedingforanapplication,theCourtofDisputedReturns must not
take into account evidence by any personthat the person
was not permitted to vote during voting hoursfor a polling
booth, unless the court is satisfied that, so far asthe
person was permitted to do so, the person did everythingrequired by this Act to enable the person to
vote.(2)In a proceeding in relation to an
application, the court—(a)mayinquirewhetherpersonsvotingwereenrolledonthe voters roll for the local
government or division of alocalgovernmentareaconcernedandwhethervoteswere
correctly treated as formal or informal during thecounting of votes; but(b)mustnotinquirewhetherthevotersroll,oranycopyused
at an election, was in accordance with this Act.147Copy of final court ordersThe
registrar of the Supreme Court must arrange for a copy ofthe
Court of Disputed Returns’s final orders to be sent to theMinister, the electoral commission and the
local governmentto which the appeal relates as soon as
practicable after theyare made.148Costs(1)TheCourtofDisputedReturnsmayorderanunsuccessfulparty to an
application to pay the reasonable costs of the otherparties to the application.(2)Ifcostsareawardedagainstanapplicant,thedepositfiledwith
the application must be applied towards payment of thecosts.(3)If
not, the deposit must be returned to the applicant.Page
128Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 7 Disputed
results[s 149]149Decisions and orders to be finalAdecisionof,orordermadeby,theCourtofDisputedReturns that
relates to an application is not subject to appealother than an appeal under division
2.150Right of electoral commission and
returning officer tohave access to documentsUnlesstheCourtofDisputedReturnsotherwiseorders,thefilingofanapplicationdoesnotdeprivetheelectoralcommission or a
returning officer of any right to have accessto a document
for the purpose of performing the commission’sor officer’s
functions.Division 2Appeals151Appeal to Court of Appeal on question
of lawAn appeal lies to the Court of Appeal from
any decision of, orordermadeby,theCourtofDisputedReturnsonlyonaquestion of law.152Time
for appealingThe notice of appeal starting the appeal
must—(a)be filed within 7 days after the date
of the decision ororder appealed from; and(b)be
served as soon as practicable on all other parties tothe
appeal.153Electoral commission is a party to
appealThe electoral commission is a party to the
appeal, whether ornot it is the appellant.Current as at
[Not applicable]Page 129
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 7 Disputed results[s 154]154How appeal is dealt with by Court of
Appeal(1)In deciding the appeal, the Court of
Appeal—(a)isnotboundbytechnicalities,legalformsorrulesofevidence; and(b)mayusetheprocedures,whetherusualorotherwise,thatitconsidersnecessarytoenabletheappealtobedecided quickly and properly;
and(c)hasallthepowersgiventoitbytheUniformCivilProcedure Rules 1999.(2)The court must use its best efforts to
ensure that the appeal isheard, and the court’s final decision
is made or order is given,as quickly as is reasonable in the
circumstances.155Application for dismissal of
appeal(1)A party, other than the appellant, may
apply to the Court ofAppeal for an order dismissing the
appeal on the ground thatthere has been excessive delay by the
appellant in relation tothe appeal.(2)The
court may make an order on the application it considersappropriate.156Copy
of final court ordersThe registrar of the Supreme Court
must arrange for a copy ofthe Court of Appeal’s final orders to
be sent to the Minister,the electoral commission and the local
government to whichthe appeal relates as soon as practicable
after they are made.157Right of electoral commission and
returning officer tohave access to documentsUnless the Court
of Appeal otherwise orders, the filing of thenotice of appeal
does not deprive the electoral commission ora returning
officer of any right to have access to a documentfor
the purpose of performing the commission’s or officer’sfunctions.Page 130Current as at [Not applicable]
Notauthorised—indicativeonlyPart
8Local Government Electoral Act 2011Part
8 Legal provisions[s 158]Legal
provisions158Decisions not subject to appeal(1)If a provision of this Act declares a
decision to be not subjectto appeal, the decision—(a)cannotbeappealedagainst,challenged,reviewed,quashed, set aside, or called into question
in any way,including,forexample,undertheJudicialReviewAct1991; and(b)isnotsubjecttoanywritororderofacourtonanyground.Examples—1A person may not bring any proceedings
for an injunction tostop conduct that is authorised by the
decision.2A person may not bring any proceedings
for a declarationaboutthevalidityofconductthatisauthorisedbythedecision.(2)Subsection (1) does not limit section
149.(3)In this section—courtincludes a tribunal or another similar
entity.decisionincludes—(a)conduct related to making the
decision; and(b)a failure to make a decision.159Postal vote presumed valid until
contrary provedIf a declaration envelope and ballot paper
to which section 72applies is received by a returning officer
by post, it must bepresumed that section 72(3) to (5) has been
complied with inrelation to the declaration on the envelope
until the contrary isproved.Current as at
[Not applicable]Page 131
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 8 Legal provisions[s 161]161Ballot papers as evidenceIn a
proceeding, a ballot paper apparently used at an electionand
identified by evidence as 1 of the ballot papers held by theelectoralcommissionundersection 102isevidenceofthevoteorvotescastintheelectionasrecordedontheballotpaper.162Allegations of false or misleading
information ordocumentInaproceedingforanoffenceagainstthisActdefinedasinvolvingfalseormisleadinginformation,orafalseormisleadingdocument,itisenoughforachargetostatetheinformationordocumentwas,withoutspecifyingwhich,‘false or misleading’.163Evidentiary provisionsIn a proceeding
for an offence against this Act, a certificatepurportingtobesignedbyamemberoftheelectoralcommissionandstatinganyofthefollowingmattersisevidence of the matter—(a)a
stated document is an application, declaration, noticeor
return given or kept under this Act or theElectoralAct
1992, or a copy of it;(b)onastatedday,astatedpersonwasgivenastatednotice, under
this Act.Page 132Current as at
[Not applicable]
Part
9Local Government Electoral Act 2011Part
9 Enforcement[s 165]EnforcementNotauthorised—indicativeonlyDivision 1Failure to
vote165Notice about failure to vote(1)The electoral commission may, as soon
as practicable after anelection,sendanoticetoeach
electorwhoappearstohavefailed to vote
at the election stating that—(a)the
elector appears to have failed to vote at the election;and(b)itisanoffencetofail,withoutavalidandsufficientexcuse, to vote
at the conclusion of the election; and(c)the
elector may, if the elector considers the elector hascommittedtheoffence,payone-halfofapenaltyunit(thepenalty)totheelectoralcommissionbyastatedday, not earlier
than 21 days after the elector receivedthenotice(theappropriateday),and,iftheelectoralcommissionreceivesthepaymentbytheappropriateday,nofurtherstepswillbetakenagainsttheelectorabout the
offence; and(d)the elector must—(i)iftheelectorintendspayingthepenaltybytheappropriateday—signtheappropriateformforpayment of the penalty and include
payment of thepenalty; and(ii)if
the elector does not intend paying the penalty bythe
appropriate day—state, in a form included in orwith the notice,
whether the elector voted and, ifnot, the reason
for failing to vote; and(iii)signtheformandpostorgive
ittotheelectoralcommissionsoitisreceivedbytheappropriateday.(2)The elector must comply with the
requirements of the notice.Current as at
[Not applicable]Page 133
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 9 Enforcement[s 166](3)Subsection (4) applies if—(a)the elector (thefirst
elector) is absent or unable, becauseof
physical incapacity, to comply with the requirementsof
the notice; and(b)another elector who has personal
knowledge of the factscomplies with the requirements and in
doing so also hashis or her signature on the form
witnessed.(4)Thefirstelectoristakentohavecompliedwiththerequirements of the notice.166Payments for failure to vote(1)Iftheelectoralcommissionsendsapersonanoticeundersection 165 for an election and the person
makes the paymentmentioned in section 165(1)(d)(i) to the
electoral commission,the electoral commission must—(a)accept the payment; and(b)give the person a receipt for the
payment; and(c)not take any proceeding against the
elector for failing tovote at the election.(2)In this section—proceedingincludes serving
an infringement notice under theState Penalties
Enforcement Act 1999.168Failure to vote(1)An
elector for an election must not—(a)fail
to vote at the election without a valid and sufficientexcuse; or(b)fail
to comply with the requirements of a notice given tothe
elector under section 165; or(c)whencomplyingwiththerequirementsofthenotice,makeastatementtheelectorknowstobefalseormisleading in a material
particular.Page 134Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 9
Enforcement[s 168]Maximum
penalty—1 penalty unit.(2)An elector’s
belief that it is part of the elector’s religious dutynot
to vote at elections is a valid and sufficient excuse for
theelector’s failure to vote in a particular
election.(3)Anelectormaybeprosecutedforanoffenceagainstsubsection (1)(a)onlyiftheelectorhasbeensentanoticeabout the
election under section 165.(4)Inaproceedingforanoffenceagainstsubsection (1)(a),acertificatepurportingtobesignedbyamemberoftheelectoralcommission’sstaffstatinganyofthefollowingmatters is evidence of the matter—(a)an elector failed to vote at the
election;(b)anoticewassentbytheelectoralcommissiontotheelector under section 165 on a stated
day;(c)a form mentioned in section 165(1) was
not received bytheelectoralcommissionfromtheelectorbythedaystated under the
subsection.(5)If a form is not received by the
electoral commission from theelector by the
day stated under section 165(1), it is evidencethe elector
failed to vote at the election without a valid andsufficient excuse.(6)If a
form is received by the electoral commission about theelector’s compliance with section 165,
statements in the formpurporting to be made by—(a)theelectorareevidenceasstatementsmadebytheelector;
and(b)anotherelectorundersection
165(3)areevidenceasstatements made by the other elector.(7)FortheJusticesAct1886,section 139,theplacewhereanoffence against subsection (1)(a) is
committed is taken to bethe office of the returning officer
for the electoral district forwhich the
elector was enrolled for the election.Current as at
[Not applicable]Page 135
Local
Government Electoral Act 2011Part 9
Enforcement[s 169]Division 2Corrupt and improper practicesaffecting local governmentelectionsNotauthorised—indicativeonly169False or
misleading information(1)ApersonmustnotgiveinformationunderthisActtoareturningofficerortheelectoralcommission,includinginformation in a document, that the person
knows is false ormisleading in a material particular.Maximum penalty—7 years imprisonment.(2)Subsection (1) does not apply
to—(a)apersongivingadocumentif,whengivingthedocument, the person—(i)informsthereturningofficerorelectoralcommission, to
the best of the person’s ability, howit is false or
misleading; and(ii)ifthepersonhas,orcanreasonablyobtain,thecorrect information—gives the
returning officer orelectoral commission the correct
information; or(b)a return required to be given to the
electoral commissionunder part 6; or(c)informationgiventothe electoralcommissionerundersection 113D.170Bribery(1)A
person must not—(a)ask for or receive; or(b)offer, or agree, to ask for or
receive;a benefit of any kind (whether for the
person or someone else)on the understanding that the person’s
election conduct will beinfluenced or affected.Maximum penalty—7 years imprisonment.Page
136Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 9
Enforcement[s 171](2)Apersonmustnot,inordertoinfluenceoraffectanotherperson’s election conduct, give, or promise
or offer to give, abenefit of any kind to anyone.Maximum penalty—7 years imprisonment.(3)In this section—election
conductof a person means—(a)the
way in which the person votes at an election; or(b)the person’s nominating as a candidate
for an election;or(c)the person’s
support of, or opposition to, a candidate ora political
party at an election.171Assisting illegal
paymentsA person must not knowingly give an amount
for—(a)a benefit to which section 170(1) or
(2) applies; or(b)the purpose of replacing any amount
that has been spentto give a benefit mentioned in paragraph
(a).Maximum penalty—2 years imprisonment.172Improperly influencing electoral
officersA person must not improperly influence an
electoral officer inthe performance of the officer’s
functions under this Act.Maximumpenalty—35penaltyunitsor1year’simprisonment.173Obstructing personsA person must
not obstruct the free exercise or performance,by another
person, of a right or responsibility under this Actthat
relates to an election.Maximumpenalty—20penaltyunitsor6monthsimprisonment.Current as at
[Not applicable]Page 137
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 9 Enforcement[s 174]174Obstructing electoral officers
etc.A person must not—(a)wilfullyobstructordisturbanyproceedingatanelection; or(b)prevent a scrutineer from entering or
leaving a pollingbooth—(i)during voting hours for the polling booth;
or(ii)while votes are
being counted at the polling booth;or(c)obstruct,intimidateorwilfullymisleadanelectoralofficer in the
performance of a function under this Act.Maximum
penalty—10 penalty units.175Forged electoral
papers(1)A person must not—(a)forge an electoral paper; or(b)use a forged electoral paper knowing
it to be forged.Maximum penalty—10 years
imprisonment.(2)Apersonmustnotmakesomeoneelse’ssignatureonanelectoral paper,
unless the person is authorised to do so underthis Act.Maximum penalty—10 years
imprisonment.176Wilful neglect etc. of electoral
officersAnelectoralofficermustnotwilfullyneglectorfailtoperform the officer’s functions under this
Act.Maximum penalty—20 penalty units.176AConfidentiality of information(1)This section applies to a person
who—Page 138Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 9
Enforcement[s 177](a)is
involved in the administration of this Act; and(b)gains information because of the person’s
involvementin the administration.(2)The
person must not disclose the information to anyone elseother than—(a)for
the purposes of this Act; or(b)under the authority of another Act;
or(c)in a proceeding before a court in
which the informationis relevant to the issue before the
court.Maximumpenalty—40penaltyunitsor18monthsimprisonment.Division 3Offences relating to electoraladvertising177Author of election material must be
named(1)Apersonmustnot,duringtheelectionperiodforanelection—(a)print, publish, distribute or
broadcast; or(b)alloworauthoriseanotherpersontoprint,publish,distribute or broadcast;anyadvertisement,handbill,pamphletornoticecontainingelection
material unless there appears, or is stated, at its endthe
particulars required by subsection (2).Maximum
penalty—(a)for an individual—20 penalty units;
or(b)for a corporation—85 penalty
units.(2)The particulars are the name and
address, other than a postoffice box, of the person who
authorised the advertisement,handbill,
pamphlet or notice.(3)Subsection (1) does not apply to an
advertisement that—Current as at [Not applicable]Page
139
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 9 Enforcement[s 178](a)isprinted,publishedordistributedonacarsticker,T-shirt, lapel button, lapel badge, pen,
pencil or balloon;or(b)is of a kind
prescribed by regulation.(4)Also,subsection (1)doesnotapplytodistributing,orallowingorauthorisinganotherpersontodistribute,ahow-to-vote card.(5)In
this section—publishincludes publish
on the internet, even if the internetsiteonwhichthepublicationismadeislocatedoutsideQueensland.178Distribution of how-to-vote cards(1)During the election period for an
election, a person must notdistribute, or
allow or authorise another person to distribute, ahow-to-vote card that does not comply with
subsections (2) to(5).Maximum
penalty—(a)for an individual—20 penalty units;
or(b)for a corporation—85 penalty
units.(2)A how-to-vote card must state the name
and address of theperson who authorised the card.(3)A how-to-vote card must also
state—(a)ifthecardisauthorisedforapoliticalpartyoracandidate
endorsed by a political party—(i)iftheregisterofpoliticalpartiesincludesanabbreviationoftheparty’sname—theparty’sabbreviated
name; or(ii)otherwise—theparty’sfullnameincludedintheregister of political parties;
orExample for paragraph (a)—‘Authorised P. Smith, 123 Main Street
Brisbane for[name ofpolitical
party]’Page 140Current as at
[Not applicable]
Local
Government Electoral Act 2011Part 9
Enforcement[s 178]Notauthorised—indicativeonly(b)ifparagraph(a)doesnotapplyandthecardisauthorised for a group of candidates or for
a candidatewho is a member of a group of candidates—the
group’sname; orExample for
paragraph (b)—‘Authorised M. Taylor, 99 King Street Port
Douglas for[name ofgroup]’(c)otherwise—thecandidate’snameandtheword‘candidate’.Example for
paragraph (c)—‘Authorised R. Jones, 88 Queen Street
Brisbane for R. Jones(candidate)’(4)For
subsection (2)—(a)the address must not be a post office
box; and(b)if the card is authorised for a group
of candidates or fora candidate who is a member of a group
of candidates,the authorising person must be a member of
the group.(5)Theparticularsmentionedinsubsections (2)and(3)mustappear—(a)attheendofeachsideofthehow-to-votecardthatcontains print;
and(b)in prominent and legible characters in
print no smallerthan—(i)if
the card is not larger than A6—10 point; or(ii)ifthecardislargerthanA6butnotlargerthanA3—14 point; or(iii)if
the card is larger than A3—20 point.(6)During the election period for an election,
a person must notdistribute, or allow or authorise another
person to distribute, ahow-to-vote card if the person knows,
or ought reasonably toknow, that the particulars, or any of
the particulars, mentionedin subsections (2) and (3) on the card
are false.Maximum penalty—Current as at
[Not applicable]Page 141
Local
Government Electoral Act 2011Part 9
Enforcement[s 179](a)for
an individual—20 penalty units; or(b)for
a corporation—85 penalty units.Notauthorised—indicativeonly179Giving of
how-to-vote cards to electoral commission(1)The
person who authorised a how-to-vote card for a politicalparty, or for a candidate endorsed by a
political party, for anelection must, no later than 5p.m. on
the Friday that is at least7daysbeforethepollingdayfortheelection,givetheelectoral commission—(a)the
required number of the how-to-vote cards; and(b)astatutorydeclarationrelatingtoanyfinancialcontributionreceivedfromanotherpoliticalpartyoranothercandidate,whetherdirectlyorfromsomeoneelse
on behalf of the party or candidate, in relation to theproduction of the how-to-vote card that
states—(i)who the financial contribution was
received fromor on behalf of; and(ii)the
nature and amount of the financial contribution.(2)The person who authorised a
how-to-vote card for a candidateor a group of
candidates for an election, other than a candidateor
group of candidates endorsed by a political party for theelection, must, by 5p.m. on the Friday that
is at least 7 daysbeforethepollingdayfortheelection,givetheelectoralcommission—(a)the
required number of the how-to-vote cards; and(b)astatutorydeclarationrelatingtoanyfinancialcontribution received from a political party
or anothercandidate,whetherdirectlyorfromsomeoneelseonbehalfofthepartyorcandidate,inrelationtotheproduction of the how-to-vote card
that states—(i)who the financial contribution was
received fromor on behalf of; and(ii)the
nature and amount of the financial contribution.Page
142Current as at [Not applicable]
Local
Government Electoral Act 2011Part 9
Enforcement[s 179]Notauthorised—indicativeonlyExample for subsections (1) and (2)—IfpollingdayisSaturday,25March,thehow-to-votecardsandstatutory declaration must be lodged
by 5p.m. on Friday, 17 March.(3)Theelectoralcommissionmustrejectahow-to-votecardreceived under subsection (1) or (2)
if—(a)thehow-to-votecarddoesnotcomplywithsection 178(2) to (5); or(b)theelectoralcommissionissatisfied,onreasonablegrounds,thehow-to-votecardislikelytomisleadordeceive an elector in voting under this
Act.(4)If the electoral commission rejects a
how-to-vote card undersubsection (3)(b),theelectoralcommissionmustgivetheperson who authorised the how-to-vote card
written reasonsfor the rejection.(5)Apersontowhomreasonsaregivenundersubsection (4)may,nolaterthan5p.m.ontheWednesdayimmediatelybefore the
polling day for the election—(a)revise the how-to-vote card; and(b)give the electoral commission the
things mentioned insubsections (1)(a) and (b) or (2)(a) and (b)
in relation tothe revised how-to-vote card.(6)Beforepollingday,thereturningofficermustensureanaccepted how-to-vote card is
available—(a)for public inspection for free
at—(i)the place of nomination under section
25; and(ii)iftheplaceofnominationisnotalsothepublicofficeofthelocalgovernmentforwhichtheelectionistobeheld—thelocalgovernment’spublic office;
and(b)on the electoral commission’s
website.(7)Onpollingday,thereturningofficermust,totheextentpracticable,
make an accepted how-to-vote card available forpublicinspectionateachpollingboothforwhichthehow-to-vote card is relevant.Current as at [Not applicable]Page
143
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 9 Enforcement[s 180](8)An election is not invalid only
because the returning officerdoes not comply
with subsection (6) or (7).(9)In
this section—financialcontributionmeansacontributionintheformofmoney, property or other valuable
consideration.required number, of how-to-vote
cards, means 12 more thanthe number of polling booths within
the local government’sarea at which the cards are to be
distributed.180Unauthorised how-to-vote cards(1)Apersonmustnotdistributeorauthorisesomeoneelsetodistribute, a how-to-vote card to which
section 179(1) or (2)applies on polling day for an election
unless section 179(1) or(2) has been complied with for the
card.Maximum penalty—20 penalty units.(2)If,onpollingdayforanelection,anelectoralofficerreasonablysuspectsapersonisdistributingahow-to-votecardtowhichsection
179(1)or(2)appliesandthatsection 179(1)
or (2) has not been complied with for the card,the electoral
officer may—(a)require the person to produce the
how-to-vote card forinspection; and(b)confiscateanyhow-to-votecardsthathavenotbeengiven as
required under section 179(1) or (2).(3)A
person must not obstruct an electoral officer in the
exerciseof the power under subsection (2)(b), unless
the person has areasonable excuse.Maximum
penalty—20 penalty units.181Headline to
electoral advertisementsThe proprietor of a newspaper must not
print in the newspaperany article, or a paragraph,
containing information that relatesto an election
or a matter debated in the election if—Page 144Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 9
Enforcement[s 182](a)either—(i)the
insertion of the article or paragraph is, or is tobe,
paid for; or(ii)any reward or
compensation, or promise of rewardorcompensation,is,oristobe,madefortheinsertion of the article or paragraph;
and(b)the proprietor does not cause the word
‘advertisement’to be printed as a headline to the article
or paragraph inletters not smaller than 10 point or long
primer.Maximum penalty—(a)for
an individual—10 penalty units; or(b)for
a corporation—40 penalty units.182Misleading electors(1)During an election period for an election, a
person must notprint, publish, distribute or broadcast
anything that is intendedor likely to mislead an elector about
the ways of voting at theelection.Maximum
penalty—40 penalty units.(2)A person must
not, for the purpose of affecting the election ofa
candidate, knowingly publish a false statement of fact aboutthe
personal character or conduct of the candidate.Maximum
penalty—40 penalty units.(3)During an
election period for an election, a person must notprint, publish, distribute or broadcast by
television anythingthat purports to be a representation of a
ballot paper for use intheelection,ifitislikelytoinduceanelectortocastaninformal vote.Maximum
penalty—40 penalty units.(4)In this
section—publishincludes publish
on the internet, even if the internetsiteonwhichthepublicationismadeislocatedoutsideQueensland.Current as at
[Not applicable]Page 145
Local
Government Electoral Act 2011Part 9
Enforcement[s 183]Notauthorised—indicativeonly183Offence for group
of candidates to advertise or fundraiseif particular
requirements not complied with(1)This
section applies to a candidate for an election who is amember of a group of candidates.(2)Thecandidatemustnot,duringthecandidate’sdisclosureperiod for the
election, advertise or fundraise for the electionunlesssections
41and42havebeencompliedwithforthegroup of candidates.Maximum penalty—100 penalty units.(3)Thecandidatemustensurethat,duringthecandidate’sdisclosure
period for the election, a person does not advertiseorfundraisefortheelectiononbehalfofthegroupunlesssections 41 and 42 have been complied with
for the group ofcandidates.Maximum
penalty—100 penalty units.(4)For subsections
(2) and (3), a person advertises for an electionif—(a)the person
prints, publishes, distributes or broadcasts, orpermitsorauthorisessomeoneelsetoprint,publish,distributeorbroadcast,anyadvertisement,handbill,pamphlet or notice containing election
material; and(b)the election material promotes the
election of 1 or moreof the members of the group.(5)For subsections (2) and (3), a person
fundraises for an electionifthepersonconductsanactivitydirectedatcollectingamounts to be
used for promoting the election of 1 or moremembers of the
group.Examples of fundraising activities—conductingasocialfunctionatwhichpersonsarechargedforadmission, or conducting an auction or a
raffle(6)Itisadefencetoaprosecutionforanoffenceagainstsubsection (3) for the candidate to
prove—(a)thecandidateexercisedreasonablediligencetoensureno person acted
in a way that would cause the candidateto contravene
the subsection; orPage 146Current as at
[Not applicable]
Local
Government Electoral Act 2011Part 9
Enforcement[s 184](b)thecandidatedidnotknow,andcouldnotreasonablyhavebeenexpectedtoknow, about the fundraising oradvertising done on behalf of the
group.(7)In this section—candidate’s
disclosure periodsee section 116.Notauthorised—indicativeonlyDivision 4Offences
relating to voting184Leave to vote(1)This
section applies if—(a)an employee who is an elector asks his
or her employer,before polling day for an election, for
leave of absenceto vote at the election; and(b)the absence is necessary to enable the
employee to voteat the election.(2)The
employer must allow the employee leave of absence for areasonable period, up to 2 hours, to enable
the employee tovote at the election, unless the absence is
reasonably likely tocause danger or substantial loss to
the employer in relation tothe employment
concerned.Maximum penalty—(a)for
an individual—10 penalty units; or(b)for
a corporation—40 penalty units.(3)Theemployermustnotimposeanypenaltyordisproportionate deduction of pay for the
leave of absence.Maximum penalty—(a)for
an individual—10 penalty units; or(b)for
a corporation—40 penalty units.(4)Anemployeemustnotaskforleaveofabsenceundersubsection (1)tovoteatanelectionunlesstheemployeegenuinely
intends to vote at the election.Current as at
[Not applicable]Page 147
Local
Government Electoral Act 2011Part 9
Enforcement[s 185]Maximum
penalty—10 penalty units.Notauthorised—indicativeonly185Canvassing in or near polling
booths(1)Subsection (3) applies to a person,
during an election periodfor an election, at a place that
is—(a)inside a polling booth; or(b)within6m,orashorterdistanceapprovedundersubsection (2),
of an entrance to a building if—(i)the
building is, or is part of, a polling booth; and(ii)a ballot box is
in the building for use in the electionor a person is
in the building to cast a vote in theelection.(2)Thereturningofficermayapproveashorterdistanceforapre-polling
booth for the period in which a pre-poll vote maybe
cast in the election.(3)The person must
not—(a)canvass for votes; or(b)induce an elector not to—(i)vote in a particular way; or(ii)vote at all in
the election; or(c)loiter; or(d)obstruct the free passage of
electors.Maximum penalty—10 penalty units.(4)Ifthereturningofficerapprovesashorterdistanceundersubsection (2),
the returning officer must display a notice atthepre-pollingboothstatingtheshorterdistanceandmentioning the offence under
subsection (3).186Influencing voting by violence or
intimidationA person must not, by violence or
intimidation, influence aperson’s vote at an election.Page
148Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 9
Enforcement[s 187]Maximum
penalty—2 years imprisonment.187Party
badges not to be worn in polling boothsA person must
not wear or display any badge or emblem of apolitical party
in a polling booth.Maximum penalty—1 penalty unit.188Displaying political statements around
polling booths(1)A person must not display a political
statement—(a)inside a polling booth; or(b)within 6m of the entrance to a
building that is, or is partof, a polling
booth.Maximum penalty—1 penalty unit.(2)In this section—politicalstatementmeansastatementordesignthatareasonablepersonwouldassociatewithapoliticalorganisation,
cause or belief.189Voting if not entitledA
person must not, at an election—(a)voteinsomeoneelse’sname(includingadeadorfictitious person); or(b)vote
more than once; or(c)castavotethatthepersonknowsthepersonisnotentitled to cast; or(d)if the person knows another person is
not entitled to voteat the election—procure the other
person to vote.Maximum penalty—3 years imprisonment.Current as at [Not applicable]Page
149
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 9 Enforcement[s 190]190Offences about ballot papers(1)A person must not—(a)wilfully fail to comply with section 70 or
72; or(b)take a ballot paper out of a polling
booth other than incompliance with this Act; or(c)place in a ballot box a ballot paper
that has not been—(i)given to an elector under this Act;
or(ii)marked by the
elector.Maximumpenalty—20penaltyunitsor6monthsimprisonment.(2)A
person must not, without lawful excuse, obtain possessionof
or have in the person’s possession—(a)a
ballot paper that has been marked by anyone else; or(b)a declaration envelope that has been
signed by anyoneelse.Maximumpenalty—20penaltyunitsor6monthsimprisonment.191Failure to post, fax or deliver documents
for someoneelse(1)If a
person is given, for delivery or posting to the returningofficer, an application by another person
under section 72, 77or81,thepersonmustpromptlydeliverorpostittothereturning
officer.Maximumpenalty—20penaltyunitsor6monthsimprisonment.(2)If a
person is given, for delivery or posting to the returningofficer, a declaration envelope that appears
to be completed,the person must give or post it to the
returning officer, unlessthe person has a reasonable
excuse.Maximumpenalty—20penaltyunitsor6monthsimprisonment.Page 150Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 9
Enforcement[s 192]192Secrecy of voting(1)A
person must not examine a ballot paper used in an electiontofindoutthecandidatesforwhomanelectorhasvotedunless required
by a court or authorised under this Act to doso.Maximumpenalty—20penaltyunitsor6monthsimprisonment.(2)If,
in performing a function for an election, a person has foundout
the candidates for whom an elector has cast a vote, thepersonmustnotdisclose,orassistindisclosing,thatfact,unless the
person is required by law to make the disclosure.Maximumpenalty—20penaltyunitsor6monthsimprisonment.(3)Anelectoralofficer,orscrutineer,mustnotmakeamark,memorandumornoteonavotersrolloranyotherlistofvoters or otherwise—(a)that
indicates for whom a person has cast a vote; or(b)that
would enable the officer or scrutineer to know orremember for whom a person has cast a
vote.Maximum penalty—10 penalty units.193Breaking seals on parcelsA
person must not wilfully open or break the seal of a parcelor
packet sealed under this Act unless the person is authorisedunder this Act or ordered by a court to open
or break the seal.Maximumpenalty—20penaltyunitsor6monthsimprisonment.194Duty
of witness in signing declaration envelopesA person
(thewitness) must not sign
a declaration envelope aswitness under section 72
unless—(a)the witness is satisfied of the
identity of the elector whosigns the
declaration before the witness; andCurrent as at
[Not applicable]Page 151
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 9 Enforcement[s 194A](b)the witness has seen the elector sign
the declaration; and(c)either—(i)the witness knows that the declaration
made by theelector is true; or(ii)the
witness is satisfied that the declaration is truebecause of inquiries of the elector or
otherwise.Maximumpenalty—20penaltyunitsor6monthsimprisonment.Division 5Offences relating to electoralfunding and financial disclosure194AOffence about prohibited
donations(1)Apersonmustnotdoanactormakeanomissionthatisunlawfulundersection113Bifthepersonknowsoroughtreasonablytoknowofthefactsthatresultintheactoromission being unlawful under that
section.Maximumpenalty—400penaltyunitsor2yearsimprisonment.(2)An
offence against subsection (1) is a misdemeanour.194BSchemes to circumvent prohibition on
particular politicaldonations(1)Apersonmustnotknowinglyparticipate,directlyorindirectly, in a scheme to circumvent
a prohibition under part6, division 1A about political
donations.Maximumpenalty—1,500penaltyunitsor10yearsimprisonment.(2)For
subsection (1), it does not matter whether the person alsoparticipates in the scheme for other
purposes.(3)An offence against subsection (1) is a
crime.(4)In this section—Page 152Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 9
Enforcement[s 194C]participate
in, a scheme, includes—(a)enable, aid or facilitate entry into, or the
carrying outof, a scheme; and(b)organise or control a scheme.schemeincludesarrangement,agreement,understanding,courseofconduct,promiseor
undertaking,whetherexpressor
implied.194CFalse or misleading information
relating todeterminations(1)Apersonmustnotgivetheelectoralcommissionerinformation
under section 113D that the person knows is falseor
misleading in a material particular.Maximumpenalty—400penaltyunitsor2yearsimprisonment.(2)Subsection (1) does not apply to a person if
the person, whengiving information in a document—(a)tellstheelectoralcommissioner,tothebestoftheperson’sability,howthedocumentisfalseormisleading; and(b)if
the person has, or can reasonably obtain, the correctinformation—gives the correct
information.(3)An offence against subsection (1) is a
misdemeanour.(4)In a proceeding against a person for
an offence under section194A, a determination made under
section 113D is taken tobe of no effect if the person knew, or
ought reasonably to haveknown,atthetimeoftherelevantactoromissionthatinformation given to, or used by, the
electoral commissionerundersection113Dwasfalseormisleadinginamaterialparticular.Current as at
[Not applicable]Page 153
Local
Government Electoral Act 2011Part 9
Enforcement[s 195]Notauthorised—indicativeonly195Offences about
returns(1)Apersonmustgiveareturnthepersonisrequiredtogiveunderaprovisionofpart6withinthetimerequiredbytheprovision.Maximum
penalty—20 penalty units.(2)A person must
not give a return the person is required to giveunder part 6 containing particulars that
are, to the knowledgeof the person, false or misleading in
a material particular.Maximum penalty—(a)ifthepersonisrequiredtogivethereturnasacandidate—100 penalty units; or(b)otherwise—50 penalty units.(3)If a candidate is a member of a group
of candidates and thegroup’s agent is required under
section 118 or 120 to give areturn,thecandidatemustnotallowtheagenttogivethereturn if it contains particulars that are,
to the knowledge ofthe candidate, false or misleading in a
material particular.Maximum penalty—100 penalty
units.(4)A person (thefirst
person) must not give to another personwho
is required to give a return under part 6 information towhich the return relates that is, to the
knowledge of the firstperson, false or misleading in a
material particular.Maximum penalty—20 penalty
units.(5)Aprosecutionforanoffenceagainstaprovisionofthissectionmaybestartedatanytimewithin4yearsaftertheoffence was committed.(6)If a person is found guilty of an
offence under subsection (1),acourtmay,aswellasimposingapenaltyunderthesubsection, order the person to give
the relevant return withinthe period stated in the order.(7)If a person is found guilty of an
offence under subsection (2),acourtmay,aswellasimposingapenaltyunderthesubsection, order the person to pay,
within the period stated inthe order, to
the State an amount equal to the amount of thePage 154Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 9
Enforcement[s 196]value of any
gifts made to, or for the benefit of, the person andnot
disclosed in a return.196Records to be
kept(1)Apersonwhomakesorreceivesarelevantrecordforanelectionmustkeeptherecordforatleast5yearsaftertheconclusionoftheelectionunlesstherecord,inthenormalcourse of
business or administration, is transferred to someoneelse.Maximum
penalty—20 penalty units.(2)In this
section—giftsee section
107.relevant record, for an
election, is a document or other thingthat is or
includes a record about a matter the particulars ofwhich—(a)are,
or could be, required to be stated in a return underpart
6 about the election; or(b)evidence that
the giver of a gift intended the gift to beused by the
receiver, either wholly or in part, to enablethe receiver to
incur expenditure for a political purposeor to reimburse
the receiver for incurring expenditure fora political
purpose.197Obtaining information for
returnsA person who is required to give a return
under part 6 must—(a)takeallreasonablestepstoobtaintheparticularsrequired to
complete the return; and(b)completethereturntotheextentpracticablewiththeparticulars obtained.Maximum penalty—20 penalty units.Current as at [Not applicable]Page
155
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 9 Enforcement[s 198]198Further information for incomplete
returns(1)This section applies if—(a)atanytimewithin5yearsaftertheconclusionofanelection, a person who has, under
section 131, made astatementthatareturnabouttheelectionisnotcomplete; and(b)the
person obtains information or particulars relevant tothe
return that the person was not able to obtain beforecompleting the return.(2)Thepersonmustgivetothereturningofficertowhomthereturnwasgivenawrittennoticeoftheinformationorparticulars obtained.Maximum
penalty—20 penalty units.Division 6Attempts199Attempts to commit offences(1)A person who attempts to commit an
offence against this partcommits an offence.Maximumpenalty—halfthemaximumpenaltyforcommitting the offence.(2)The Criminal Code, section 4 applies
to subsection (1).Division 7Injunctions200Injunctions(1)AnapplicationmaybemadetotheSupremeCourtforaninjunction
if—(a)either—(i)aperson(theoffendingparty)hasengaged,isengaging or proposes to engage in
conduct; orPage 156Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 9
Enforcement[s 200](ii)aperson(alsotheoffendingparty)hasfailed,isfailing or proposes to fail to do
anything; and(b)the conduct or failure constituted,
constitutes or wouldconstitute a contravention of, or an
offence against, thispart.(2)The
application may be made by—(a)iftheconductorfailurerelatestoanelection—acandidate or
nominee as a candidate in the election; or(b)in
any case—the commission.(3)Thecourtmaygrantaninteriminjunctionpendingdetermination of the application.(4)If the electoral commission makes the
application, the courtmustnotrequirethecommissionoranyoneelsetogiveanundertakingaboutdamagesasaconditionofgrantinganinterim injunction.(5)On
consideration of the application, the court may—(a)if subsection (1)(a)(i)
applies—(i)grant an injunction restraining the
offending partyfrom engaging in the conduct concerned;
and(ii)also require the
offending party to do anything toprevent or
remedy the contravention; or(b)ifsubsection (1)(a)(ii)applies—grantaninjunctionrequiring the
offending party to do the thing in question.(6)The
court may grant the injunction if the court is satisfied—(a)the offending party has engaged in the
conduct, or failedtodothething,mentionedinsubsection (1)—whetherornotitappearstothecourtthattheoffendingpartyintends—(i)toengageagainorcontinuetoengageintheconduct; or(ii)to
fail or continue to fail to do the thing; orCurrent as at
[Not applicable]Page 157
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 10 Miscellaneous[s 201](b)that,iftheinjunctionisnotgranted,itislikelytheoffending party will engage in the conduct,
or fail to dothe thing, mentioned in subsection (1),
whether or not—(i)the offending party has previously
engaged in theconduct or failed to do the thing; or(ii)there is
imminent danger of substantial damage toanypersoniftheoffendingpartyengagesintheconduct or fails to do the
thing.(7)Thecourtmayrefusetograntaninjunctionifthecourtissatisfiedtheapplicationwasnotmadetothecourtattheearliest possible opportunity.(8)The court may discharge or vary the
injunction or an interiminjunction.(9)Thepowersconferredonthecourtbythissectionareinaddition to, and
do not limit, other powers of the court.Part 10Miscellaneous201Designated election offences and application
of CriminalCode(1)An
offence (adesignated election offence)
against any of thefollowing provisions is a crime—•section 169(1)•section 170(1) or (2)•section 171•section 175(1) or (2)•section 186•section 189.(2)TheCriminalCode,chapter58Aappliestoadesignatedelection
offence.Page 158Current as at
[Not applicable]
Local
Government Electoral Act 2011Part 10
Miscellaneous[s 201A](3)Withoutlimitingsubsection (2),thechapterappliestoadesignated
election offence as if the offence were an offenceunder chapter 14, chapter division 2 of the
code.Notauthorised—indicativeonly201AProceedings for particular indictable
offences(1)Proceedings for an indictable offence
against this Act, otherthan a designated electoral offence
under section 201, may betaken, at the election of the
prosecution—(a)bywayofsummaryproceedingundertheJusticesAct1886; or(b)on
indictment.(2)However,amagistratemustnothearanindictableoffenceagainst section 194B summarily if—(a)themagistrateissatisfied,atanystageofthehearingandafterhearinganysubmissionsbytheprosecutionand defence,
that because of the nature or seriousness oftheoffenceoranyotherrelevantconsiderationthedefendant, if convicted, may not be
adequately punishedon summary conviction; or(b)themagistrateissatisfied,onanapplicationmadebythe defence, that because of
exceptional circumstancesthe offence should not be heard and
decided summarily.(3)If subsection (2) applies—(a)the magistrate must proceed by way of
an examinationof witnesses for an indictable offence;
and(b)apleaofthepersonchargedatthestartoftheproceeding must be discharged;
and(c)evidencebroughtintheproceedingbeforethemagistrate decided to act under
subsection (2) is takento be evidence in the proceeding for
the committal of theperson for trial or sentence;
and(d)before committing the person for trial
or sentence, themagistratemustmakeastatementtothepersonasrequired by the Justices Act 1886, section
104(2)(b).Current as at [Not applicable]Page
159
Local
Government Electoral Act 2011Part 10
Miscellaneous[s 202](4)The
maximum penalty that may be summarily imposed for anindictableoffenceis100penaltyunitsor3yearsimprisonment.Notauthorised—indicativeonly202Local governments
responsible for expenditure incurredby electoral
commission(1)Alocalgovernmentmustpaythecostsincurredbytheelectoralcommissionforconductinganelectioninitslocalgovernment area,
including the remuneration, allowances andreasonable
expenses paid to members or staff of the electoralcommission.(2)However, local governments may be required
to collectivelycontributetothecostsoftheelectoralcommissionforconducting an election in 2 or more local
government areasusing a shared and centrally administered
service.(3)Also, a local government must pay the
costs incurred by theelectoralcommissionincarryingoutfunctionsrelatingtoconducting elections generally,
including, for example—(a)theremuneration,allowances and
reasonable expensespaidtomembersorstaffof theelectoralcommission;and(b)thecostsofmakingappropriateadministrativearrangements for
the conduct of elections.203Leave to local
government employee to contest localgovernment
election(1)A local government employee who
nominates as a candidatefor an election is entitled to a leave
of absence, for a period ofnot more than 2
months, to contest the election.(2)Alocalgovernmentemployeemayuseanyentitlementtoaccruedleavewithpayasleavetowhichtheemployeeisentitled under subsection (1).(3)A localgovernmentemployee is not
entitled to payment ofsalaryorwagesforanyperiodofleavetakenunderPage 160Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Electoral Act 2011Part 10
Miscellaneous[s 204]subsection (1)
other than any accrued leave with pay that theemployee uses
during the period.204Inspection of documents(1)This section applies if a person is
authorised under this Act toinspect a
document.(2)The person may—(a)inspect the document; and(b)make copies of, or take extracts from,
the document;freeofchargeatanytimewhentheofficeinwhichthedocument is held is open for
business.(3)The entity (thecustodian)
that has custody of the document isnot required to
supply any facility or service to the person inmaking a copy
of, or taking an extract from, the document.(4)If
the custodian supplies a facility or service to the person
formaking a copy of, or taking an extract from,
the document, thecustodian may charge a fee for the facility
or service.(5)However,thefeemustbenomorethanthecosttothecustodian of making the copy or
extract for the person and, ifposted to the
person, the postage cost.205Persons serving a
sentence of imprisonmentFor this Act, a person is serving a
sentence of imprisonmentonly if—(a)thepersonisindetentiononafull-timebasisforanoffence against
a law of the Commonwealth or a State orTerritory;
and(b)thedetentionisattributabletothesentenceofimprisonment concerned.Current as at
[Not applicable]Page 161
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 10 Miscellaneous[s 206]206Office of returning officer(1)Areturningofficermustkeeppremisesforuseasapublicoffice for an
election.(2)The electoral commission must publish
notice of the addressof the public office in a newspaper
circulating generally in thelocalgovernmentarea,ordivisionofthelocalgovernmentarea, for which
the election is to be held.207Approved
forms(1)The electoral commission may approve
forms for use underthis Act.(2)AformmaybeapprovedforuseunderthisActthatiscombined with, or is to be used together
with, an approvedform under another Act.208Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A regulation may be made about the
principles under whichthevalueofagiftthatispropertyistobedecidedundersection
108.Page 162Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
11Local Government Electoral Act 2011Part
11 Transitional provisions[s 210]Transitional
provisionsDivision 1Transitional
provision insertedunder Sustainable Planning andOther Legislation Amendment Act2012210Cut-off day for
compiling voters roll for quadrennialelection for
2012Despitesection
18(1),avotersrollforthequadrennialelection for
2012 must be compiled at 25 February 2012.Division 2Transitional provision for LocalGovernment and Other LegislationAmendment Act 2015211By-elections and fresh elections(1)This section applies if there is a CEO
returning officer beforethe commencement for a by-election or
fresh election.(2)The CEO returning officer continues as
the returning officerfor the by-election or fresh
election.(3)A person appointed by a CEO returning
officer as an electoralofficerbeforethecommencementcontinuesasanelectoralofficer for the by-election or fresh
election.(4)This Act as in force before the
commencement continues toapply to the conduct of the
by-election or fresh election.(5)In
this section—CEOreturningofficermeansapersonwhoisaCEOreturningofficerundersection 9asinforcebeforethecommencement.Current as at
[Not applicable]Page 163
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Part 11 Transitional provisions[s
212]Division 3Transitional
provision for LocalGovernment Electoral(Implementing
Stage 1 of Belcarra)and Other Legislation AmendmentAct
2018212Obligation to repay particular
political donations(1)This section applies if—(a)a donation was made to a person
(therecipient) on orafter12October2017andbeforethecommencement;andNote—The Local
Government Electoral (Implementing Belcarra) andOther Legislation Amendment Bill 2017 was
introduced into theLegislative Assembly on 12 October
2017.(b)under section 113B(3), it would have
been unlawful forthe recipient to accept the donation if it
had been madeimmediately after the commencement.(2)Therecipientmustpayanamountequaltotheamountorvalueofthedonationtothepersonwhomadethedonationwithin 30 days
after the commencement.Maximumpenalty—400penaltyunitsor2yearsimprisonment.(3)An
offence against subsection (2) is a misdemeanour.(4)Section113Cappliesinrelationtoacontraventionofsubsection (2) as if—(a)areferenceinsection113Ctoacceptingaprohibiteddonationwereareferencetocontraveningsubsection(2); and(b)a reference in section 113C to the
amount or value of aprohibited donation were a reference
to the amount thatwas not paid under subsection (2).Page
164Current as at [Not applicable]
ScheduleLocal Government
Electoral Act 2011ScheduleDictionaryNotauthorised—indicativeonlysection 4agent,foragroupofcandidates,meanstheagentforthegroup recorded in a register of group
agents under section 43.applicant, for part 7,
means a person who files an application.application, for part 7,
means an application about disputingan election
under section 138.approvedformmeansaformapprovedbytheelectoralcommission under section 207.assistantreturningofficer,foranelection,meansapersonappointed under
section 10 as an assistant returning officer forthe
election.associatedentitymeansanincorporatedorunincorporatedbody, or the
trustee of a trust, that—(a)is controlled by
1 or more political parties; or(b)operates wholly or mainly for the benefit of
1 or morepolitical parties.by-electionmeans an
election to replace a councillor after thecouncillor’s
office becomes vacant.Note—See theLocal Government Act 2009,
chapter 6, part 2, division 3 or theCity of Brisbane
Act 2010, chapter 6, part 2, division 3, for when
avacancy in the office of a councillor must
be filled by a by-election.candidatemeans a person whose nomination for election
as acouncillorhasbeencertifiedbythereturningofficerundersection 27(3)(a).candidate’s
disclosure period, for part 6, see section 106.conclusion, of an
election, see section 7.councillor, of a local
government, includes the mayor.CourtofDisputedReturnsseetheElectoralAct1992,section 137.Current as at
[Not applicable]Page 165
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Schedulecut-off
day, for the voters roll for an election, means
the daytowhichthevotersrollfortheelectionmustbecompiledunder section
18.declaration envelopemeans an
envelope—(a)onwhichthereisaformofdeclarationthatistobemade
by an elector; and(b)in which the elector’s ballot paper is
to be sealed.deposit,inrelationtoanomination,meanstheamountdeposited under
section 39 for the nomination.disclosure
date, for a return, see section 106.distribute, a how-to-vote
card—(a)includes make the card available to
other persons; but(b)does not include merely displaying the
card.Examples—1A
persondistributeshow-to-vote
cards if the person hands thecards to other
persons or leaves them at a place for other persons totake
away.2Apersondoesnotdistributehow-to-votecardsifthepersonattaches the cards to walls and other
structures, merely for display.division, of
a local government area, means a division of thearea
established for the election of councillors or a councillor.electincludes
re-elect.electionmeans a local
government election.election materialmeans anything
able to, or intended to—(a)influence an
elector about voting at an election; or(b)affect the result of an election.election period, for an
election, means the period—(a)starting on the day when public notice of
the holding ofthe election is given under section 25(1);
and(b)ending on the close of the poll for
the election.electormeans a person
entitled to vote in an election.Page 166Current as at [Not applicable]
Local
Government Electoral Act 2011ScheduleNotauthorised—indicativeonlyelectoralcommissionmeanstheElectoralCommissionofQueenslandestablishedundertheElectoralAct1992,section 7.electoralcommissionermeanstheelectoralcommissionerunder theElectoral Act 1992.electoraldistrictmeansanelectoraldistrictundertheElectoral Act 1992.electoral expenditure, for part 6,
see section 106.electoralofficermeansthereturningofficer,anassistantreturning
officer, presiding officer or issuing officer.electoral
papermeans a ballot paper, declaration envelope
orother document issued by the electoral
commission under thisAct.electoral
rollmeans an electoral roll kept under
theElectoralAct 1992,
section 58.emergencymeans—(a)a storm, tempest, flood, fire or a
similar happening; or(b)a riot or open
violence.first-preference vote, recorded on a
ballot paper, means thenumber 1, or a tick or cross, written
in a square opposite thename of a candidate on the ballot
paper.formal, in relation to
a vote, means the vote is recorded on aformal ballot
paper.formalballotpapermeansaballotpaperthatisaformalballot paper
under—(a)for optional-preferential
voting—section 86(7); or(b)for
first-past-the-post voting—section 87(6).freshelectionmeansanelectionofallthecouncillorsofalocal government that is not a
quadrennial election.gift, for part 6,
see section 107(1) and (2).gifts
register, for part 6, see section 106.group of candidates—Current as at [Not applicable]Page
167
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Schedule1Agroup of candidates,
for an election, means a group ofindividuals,eachofwhomisacandidatefortheelection, if the group was
formed—(a)to promote the election of the
candidates; or(b)to share in the benefits of
fundraising to promotethe election of the candidates.2However, agroupofcandidates, for an
election, doesnot include a political party or an
associated entity.group’s disclosure period,
for part 6, see section 106.how-to-vote
cardmeans—(a)a
card, handbill or pamphlet, relating to an election forwhich optional-preferential voting applies,
that—(i)is or includes—(A)a
representation of a ballot paper or part of aballot paper;
or(B)something apparently intended to
represent aballot paper or part of a ballot paper;
or(ii)lists the names
of any or all of the candidates forthe election
with a number indicating an order ofvoting
preference against the names of any or all ofthe candidates;
or(iii)otherwisedirectsorencouragesthecastingofpreference votes, other than
first-preference votes,in a particular way; or(b)a card, handbill or pamphlet, relating
to an election forwhich first-past-the-post voting applies,
that—(i)is or includes—(A)a
representation of a ballot paper or part of aballot paper;
or(B)something apparently intended to
represent aballot paper or part of a ballot paper;
orPage 168Current as at
[Not applicable]
Local
Government Electoral Act 2011ScheduleNotauthorised—indicativeonly(ii)directsorencouragesthecastingofavoteforanumberofparticularcandidatesequaltothenumber of
candidates to be elected.informal, in relation to
a vote, means the vote is recorded onan informal
ballot paper.informal ballot papermeans a ballot
paper that is an informalballot paper under—(a)for optional-preferential
voting—section 86(8); or(b)for
first-past-the-post voting—section 87(7).information
notice, about a decision, for part 6, see
section106.institutionmeans any of the
following—(a)a hospital;(b)a
convalescent home;(c)a nursing home;(d)a
home for the aged;(e)a hostel for the aged or
infirm;(f)anotherplaceprescribedbyregulationtobeaninstitution.issuing
officersee section 12.loan,
for part 6, see section 106.local government
electionmeans—(a)a
quadrennial election; or(b)a by-election;
or(c)a fresh election.local government
employee—(a)fortheCityofBrisbane—meansacouncilemployeeunder theCity of Brisbane
Act 2010, schedule; or(b)foranotherlocalgovernment—meansalocalgovernment
employee under theLocal Government Act2009,
schedule 4.Current as at [Not applicable]Page
169
Local
Government Electoral Act 2011ScheduleNotauthorised—indicativeonlyPage 170mobile polling
boothsee section 46(3).nomination
day, for an election, means the day stated as
thenomination day for the election—(a)in a notice under section 25;
or(b)in a gazette notice under section
38.nominee, for an
election, means a person who has nominatedfor election as
a councillor at the election.obstructincludes hinder and attempt to
obstruct.ordinary polling boothsee section
46(2).ordinary votesee section
67(1)(a).ordinaryvotinghoursmeansthehoursbetween8a.m.and6p.m. on a day.personactingonbehalfofacandidate,forpart6,seesection 106.person acting on
behalf of a group of candidates, for part
6,see section 106.placeincludes a vehicle.political
activity, for part 6, see section 106.political donation, for part 6,
division 1A, see section 113A.political
partymeans an organisation or group whose
objector activity, or 1 of whose objects or
activities, is the promotionof the election
of a candidate or candidates endorsed by it, orby a body or
organisation of which it forms a part, to an officeof
councillor of a local government.polling
boothmeans—(a)an
ordinary polling booth; or(b)a mobile polling
booth; or(c)a pre-polling booth.polling day, for an
election, means the day—(a)stated in a
notice under section 35; or(b)fixed by notice under section 36; orCurrent as at [Not applicable]
Local
Government Electoral Act 2011ScheduleNotauthorised—indicativeonly(c)fixed by a notice under section 38;
or(d)fixed by a notice under section
53.polling noticemeans the public
notice given by a returningofficer, under
section 35, that a poll will be conducted.postalballotelectionmeansanelectionforwhichtheMinisterhasdirected,undersection 45,thatthepollbeconducted by postal ballot.postal votesee section
67(1)(c).postal votermeans an elector
who casts a postal vote in anelection.preference vote, recorded on a
ballot paper, means the number2, or a higher
number, written in a square opposite the nameof a candidate
on the ballot paper.pre-polling boothsee section
46(4).pre-poll votesee section
67(1)(b).presiding officer, for a polling
booth, means the person who,under section
11, is the presiding officer at the polling booth.prohibited donor, for part 6,
division 1A, see section 113(1).properly
nominated, for an election, see section 27(5).publicoffice,ofalocalgovernment,seetheLocalGovernment Act
2009, schedule 4.quadrennialelectionmeanstheelectionofcouncillorsforlocal governments that is held in 2012, and
every fourth yearafter 2012.registered
industrial organisation, for part 6, see section 106.registeredofficer,ofaregisteredpoliticalparty,seetheElectoral Act 1992, section
2.registeredpoliticalpartyseetheElectoralAct1992,section 2.registerofpoliticalpartiesmeanstheregisterofpoliticalparties kept
under theElectoral Act 1992.relevant details, for a gift,
for part 6, see section 109.Current as at
[Not applicable]Page 171
Notauthorised—indicativeonlyLocal Government Electoral Act
2011Schedulerequired
period, for part 6, see section 106.returning officer, for an
election, means a person who undersection 9 is the
returning officer for the election.special postal
votersee section 68(5A).third
party, for part 6, see section 123.value, of a gift, for
part 6, see section 106.voters rollsee section
17.votinghours,foramobilepollingbooth,meansthehourswhen electors
may enter the booth to vote at an election.Page 172Current as at [Not applicable]