Local Government Electoral Act 2011

1Short title

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

Editor’s note—

Uncommenced amendments to the following provisions have been included in this indicative reprint—

•amendment of sections 41, 42, 43, 106, 108, 113A, 117, 118, 119, 120, 121, 128, 130, 132, 179, 196, part 4, division 2, subdivision 3, heading, part 6, division 6, heading, schedule 2

•insertion of new sections 106A, 107A, 112A, 118A, 130B, 130C, 195A, 216–218, part 6, division 3, subdivision 2, heading, part 6, division 3, subdivision 3, part 6, division 3, subdivision 4, heading

•omission of part 6, division 2

•replacement of sections 107, 109, 122, 129, 183, part 6, division 3, heading, part 6, division 4.

See 2019 Act No. 30ss 203–207, 220–250, 251 (to the extent it ins new ss 216–218), 253(1), (2) (other than to the extent it ins new def silent elector), (3A).

2Commencement

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

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

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

•sections 315 and 342.

3Purposes of Act

The purposes of this Act are to—

(a)ensure the transparent conduct of elections of councillors of Queensland’s local governments; and

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

(i)the election of councillors; and

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

s 3 sub 2018 No. 9 s 28

4Definitions

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

s 4 amd 2019 No. 30s 155

5Particular references in this Act

In a provision of this Act about an election—

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

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

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

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

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

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

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

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

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

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

6References to divisions includes wards

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

(2)In this section—

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

7Meaning of conclusion of local government election

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

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

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

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

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

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

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

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

(2)In this section—

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

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

8Additional functions and powers of electoral commission

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

9Returning officers

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

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

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

(a)a minor; or

(b)a member of a political party; or

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

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

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

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

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

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

10Assistant returning officers

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

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

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

(a)a minor; or

(b)a member of a political party.

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

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

11Presiding officers

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

(2)The returning officer—

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

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

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

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

s 11 amd 2014 No. 44s 18

12Issuing officers

(1)An issuing officer is responsible for—

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

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

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

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

13Removal from office for membership of political party

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

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

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

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

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

s 13 sub 2019 No. 30s 157

14Obligation to notify of membership of a political party

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

Maximum penalty—40 penalty units.

15Returning officer may act through other officers

If—

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

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

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

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

Examples—

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

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

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

16Assistant returning officer may act through other officers

If—

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

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

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

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

pt 3 hdg amd 2014 No. 44s 21

pt 3 div 1 hdg ins 2014 No. 44s 22

17Returning officer must compile voters roll

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

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

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

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

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

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

18When voters roll must be compiled

(1)A voters roll for a quadrennial election or fresh election must be compiled at least 5 days, but not more than 7 days, after the publication in a newspaper, under section 25(1), of notice of the day of the election.

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

(3)A voters roll for a by-election must be compiled at least 5 days, but not more than 7 days, after the publication in a newspaper, under section 24(3), of notice of the day of the by-election.

s 18 amd 2014 No. 44s 24

19Requirements of voters roll

(1)A voters roll for an election must—

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

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

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

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

20Inspection of voters roll

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

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

21Supply of voters roll to candidates

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

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

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

Maximum penalty—20 penalty units or 6 months imprisonment.

(4)The purposes are—

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

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

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

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

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

pt 3 div 2 hdg ins 2014 No. 44s 27

21AElectoral commission to keep register of special postal voters

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

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

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

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

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

(4)In this section—

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

s 21A ins 2014 No. 44s 27

22Types of elections

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

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

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

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

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

23Date of quadrennial elections

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

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

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

s 23 amd 2019 No. 30s 159

24Date of by-elections

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

(2)The day fixed must be within 12 weeks after the vacancy happens.

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

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

(i)the day fixed; and

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

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

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

25Calling for nominations

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

(2)The notice must—

(a)state a day as a nomination day—

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

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

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

(c)invite nominations of candidates.

(3)The place of nomination must be—

(a)the office of the returning officer; or

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

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

26Who may be nominated

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

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

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

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

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

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

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

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

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

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

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

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

Example—

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

s 26 amd 2019 No. 30s 162

27Making and certification of nomination

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

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

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

(2)A nomination must—

(a)be in the approved form; and

(b)contain the following—

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

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

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

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

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

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

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

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

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

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

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

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

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

(c)section 39 has been complied with; and

(d)the nomination has not been withdrawn.

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

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

(b)the voters roll; and

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

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

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

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

s 27 amd 2014 No. 44s 30; 2019 No. 30s 202

28Grounds for deciding a person is not properly nominated

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

(a)is a party name; or

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

(c)includes the word ‘independent’; or

(d)is a public body name; or

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

(f)is obscene or offensive.

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

Example of subsection (2)—

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

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

(a)the decision; and

(b)the reasons for the decision; and

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

Note—

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

(4)In this section—

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

parliamentary party means an organisation—

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

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

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

(a)a parliamentary party; or

(b)a political party; or

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

(i)an Australian parliament; or

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

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

s 28 amd 2014 No. 44s 31

29Effect of multiple nominations

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

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

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

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

30Withdrawal of consent to nomination

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

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

(a)the nomination is of no effect; and

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

32Announcement of nominations

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

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

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

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

(3)In this section—

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

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

33Death of candidate

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

(a)the nomination is of no effect; and

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

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

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

34Procedure if number of candidates not more than number required

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

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

(b)the returning officer must, as soon as practicable after the nomination day, publish a notice in the approved form in a newspaper circulating generally in the local government area, or division of the local government area, for which the election was to be held, that the nominees are taken to have been elected.

(2)If—

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

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

the proceedings for the election must start again.

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

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

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

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

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

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

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

35Procedure if number of candidates exceeds number required

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

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

(3)The notice must—

(a)be in the approved form; and

(b)state—

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

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

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

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

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

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

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

(b)continue until the close of the poll.

s 35 amd 2019 No. 30s 164

36Procedure on death of candidate when poll to be conducted

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

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

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

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

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

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

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

(c)if subsection (1)(c) applies—

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

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

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

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

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

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

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

s 36 amd 2012 No. 33s 182

37If successful candidate dies

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

Note—

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

38Changing nomination day or polling day

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

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

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

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

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

(b)a riot or open violence; or

(c)another exceptional circumstance.

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

(a)the later day must be—

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

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

(b)the returning officer—

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

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

s 38 amd 2019 No. 30s 165

39Deposit to accompany nomination

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

(2)The deposit must be paid—

(a)in cash; or

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

(c)by electronic funds transfer.

s 39 amd 2014 No. 44s 34

40Disposal of deposits generally

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

(a)the candidate is elected; or

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

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

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

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

s 40 amd 2014 No. 44s 35

41RecordMembership of membership in group of candidates

(1)This section applies if 2 or more candidates propose to engage in group campaign activities for an election.

(1)This section applies to a group of candidates in an election.

(2)The group must give a record of the membership of the group to the returning officer after the candidates in the group are nominated for the election but before noon on the last day forelectoral commission during the receipt of nominations for candidates in the election.period that—

(a)starts—

(i)if the last election was a quadrennial election—30 days after the polling day for the quadrennial election; or

(ii)otherwise—the day after the polling day for the last election; and

(b)ends at noon on the last day for the 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 members of the group; and

(d)be signed by each of the candidates who are the members of the group.

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

(e)include information about the account with a financial institution the group intends to use as its account for section 127.

(4)As soon as practicable after the electoral commission receives the record, the commission must publish a copy of the record on the commission’s website and in other ways the commission considers appropriate.

(5)A candidate in an election may be a member of only 1 group of candidates for the election.

(6)Only 1 member of the group may be a candidate for election as mayor of a local government.

(4)As soon as practicable after the returning officer receives the record, the returning officer must ensure a copy of the record is displayed at the office of the returning officer.

s 41 amd 2014 No. 44s 36

42Appointment of agent for group of candidates

(1)A group of candidates in an election must appoint an adult as an 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 as agent; and

(c)be signed by each of the candidates who is a member of the group; and

(c)be signed by each of the candidates who are the members of the group; and

(d)be signed by the person appointed as agent, and include or be accompanied by—

(i)the person’s signed agreement to being appointed as the group’s agent; and

(ii)the person’s signed declaration that the person is eligible to be appointed as the group’s agent.

(3)A copy of the instrument appointing the agent must be given to the returning officerelectoral commission at the same time the record is given to the returning officercommission under section 41.

43Register of group agents

(1)The returning officerelectoral commission must keep a register (the register of group agents) that records the name and address of each person who is appointed as the agent for a group of candidates in an election.

(2)The appointment of an agent for a group of candidates—

(a)is not effective under this Act until the appointment has been recorded in the register of group agents; and

(b)ceases to be effective when the person’s name is removed from the register.

(3)The name of a person may be removed from the register only if—

(a)the person gives the returning officerelectoral commission a written notice, signed by the person, stating that he or she has resigned the appointment as agent; or

(b)the group of candidates gives the returning officerelectoral commission a written notice, signed by all members of the group, stating that the person has ceased to be the group’s agent.

(4)If the name of a person is removed from the register under subsection (3), the group of candidates may, under section 42, appoint another agent.

(5)If no agent is currently recorded for a group of candidates in the register of group agents, all obligations under this Act applying to an agent (including liability for any offence) apply to each member of the group of candidates as if each candidate was the agent for the group.

44Poll by ballot

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

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

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

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

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

(2)The application must be made—

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

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

s 45AA ins 2019 No. 30s 166

45AB Referral of application to electoral commissioner for recommendation

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

(2)The electoral commissioner must—

(a)consider the application; and

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

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

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

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

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

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

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

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

s 45AB ins 2019 No. 30s 166

45Direction that poll be conducted by postal ballot

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

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

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

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

(3)The approval may be given for—

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

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

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

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

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

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

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

(b)publish details of the approval in a newspaper circulating generally in the part of the local government’s area.

s 45 amd 2014 No. 44s 37

sub 2019 No. 30s 166

45ADecisions under this subdivision are not subject to appeal

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

Note—

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

s 45A ins 2019 No. 30s 166

46Kinds of polling booths

(1)There are 3 kinds of polling booths—

(a)ordinary polling booths; and

(b)mobile polling booths; and

(c)pre-polling booths.

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

(3)A mobile polling booth is—

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

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

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

s 46 amd 2014 No. 44s 38

47Polling booths—general

(1)The returning officer for an election—

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

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

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

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

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

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

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

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

48Provision of ordinary polling booths

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

(2)The returning officer may—

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

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

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

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

(a)of the location of the booth; and

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

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

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

49Declaration of mobile polling booths

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

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

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

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

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

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

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

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

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

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

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

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

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

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

50Declaration of pre-polling booths

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

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

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

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

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

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

(4)Also, the returning officer must—

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

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

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

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

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

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

51Duty of person in charge of institution

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

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

s 51 amd 2014 No. 44s 41

52Privacy for electors casting votes at polling booths

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

52A Suspension of poll

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

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

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

(c)another emergency.

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

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

(b)the location of other polling booths.

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

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

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

s 52A ins 2019 No. 30s 169

53Adjournment of poll

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

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

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

(b)a riot or open violence;

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

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

(e)another emergency.

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

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

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

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

s 53 sub 2019 No. 30s 170

54Ballot boxes generally

(1)A ballot box used in a poll must—

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

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

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

55Ballot papers

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

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

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

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

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

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

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

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

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

(e)if a candidate endorsed by a political party was nominated under section 27(1)(a)—contain, printed adjacent to the candidate’s name—

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

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

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

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

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

(b)in the order decided under section 57.

(2A)A completed ballot paper printed for an electronically assisted vote must—

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

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

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

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

56Ballot papers for separate polls

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

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

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

57Order of candidates’ names on ballot papers

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

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

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

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

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

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

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

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

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

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

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

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

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

58Distribution of ballot papers and voters roll

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

(a)ballot papers;

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

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

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

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

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

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

(4)The approved form must—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

58A Ballot papers may be reproduced if required

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

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

(3)Section 55(1) applies to a ballot paper reproduced under this section.

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

s 58A ins 2019 No. 30s 173

59Scrutineers

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

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

(3)Scrutineers are also entitled to be present—

(a)beforehand at each polling booth to—

(i)inspect ballot boxes; and

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

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

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

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

(5)A scrutineer may—

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

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

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

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

(e)do anything else permitted by this Act.

Note—

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

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

s 59 sub 2014 No. 44s 45

amd 2014 No. 44s 46

63Correction of errors, omissions or delays

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

64Who may vote

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

(a)persons enrolled on the voters roll for—

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

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

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

(c)persons who—

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

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

(2)A person is not entitled to vote—

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

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

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

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

65System of voting

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

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

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

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

s 65 amd 2014 No. 44s 48

66Compulsory voting

Voting at an election is compulsory for electors.

67Ways in which to cast votes

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

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

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

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

(d)cast an electronically assisted vote.

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

s 67 amd 2014 No. 44s 49

68Who may cast votes in particular ways

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

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

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

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

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

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

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

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

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

(i)the elector’s address, as shown on the voters roll at the time the application is made, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or

(ii)the elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or

(iii)the elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act 1918 (Cwlth), section 184A(2)(d) to (k); or

(b)the elector is a silent elector.

(5B)Subject to section 75D, if a procedure about how an elector may cast an electronically assisted vote has been made under section 75A, an elector may cast an electronically assisted vote if—

(a)the elector can not vote without assistance because the elector has—

(i)an impairment; or

(ii)an insufficient level of literacy; or

(b)the elector can not vote at a polling booth because of an impairment; or

(c)the elector is a member of a class of electors prescribed under a regulation for this section.

Examples of a class of electors—

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

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

(6)In this section—

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

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

69Who must complete a declaration envelope

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

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

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

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

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

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

(f)the elector is a silent elector; or

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

Example of a reason beyond an elector’s control—

an electronic copy of the voters roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the voters roll for the election

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

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

70Casting an ordinary vote or pre-poll vote

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

(2)The elector must—

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

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

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

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

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

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

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

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

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

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

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

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

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

(d)leave the polling booth.

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

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

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

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

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

Note—

See section 79 for the relevant application.

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

Note—

See section 81 for the relevant application.

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

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

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

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

Note—

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

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

Note—

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

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

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

Note—

Ballots are distributed to special postal voters under section 82.

s 72 amd 2014 No. 44s 54

73Voting hours for polling booths

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

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

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

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

(5)In this section—

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

(a)starting no earlier than—

(i)14 days before polling day; or

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

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

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

74Particular responsibilities of returning officer when electors cast postal votes

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

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

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

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

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

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

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

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

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

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

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

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

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

(5)The issuing officer must—

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

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

(6)An issuing officer must—

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

(b)sign the record.

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

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

75APrescribed procedures for electronically assisted voting

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

(2)The procedures must provide for the following—

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

(b)the authentication of each electronically assisted vote;

(c)the recording of each elector who uses electronically assisted voting;

(d)ensuring the secrecy of each electronically assisted vote;

(e)the secure transmission of each electronically assisted vote to the electoral commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing;

(f)the printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote;

(g)the secure delivery of each printed ballot paper to the returning officer.

(3)The procedures—

(a)do not take effect until approved by a regulation; and

(b)must be tabled in the Legislative Assembly with the regulation approving the procedures; and

(c)must be published on the electoral commission’s website.

s 75A ins 2014 No. 44s 57

75BAudit of electronically assisted voting for an election

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

(2)The audit must be conducted—

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

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

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

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

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

s 75B ins 2014 No. 44s 57

75CProtection of information technology

(1)A person must not disclose to another person a source code or other computer software relating to electronically assisted voting, unless the disclosure is authorised under—

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

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

Maximum penalty—40 penalty units or 6 months imprisonment.

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

Maximum penalty—100 penalty units or 2 years imprisonment.

s 75C ins 2014 No. 44s 57

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

(1)The electoral commissioner may decide that electronically assisted voting is not to be used—

(a)at a particular election; or

(b)by a class of electors at a particular election.

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

s 75D ins 2014 No. 44s 57

75EReview of electronically assisted voting

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

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

(b)an investigation into extending the use of electronically assisted voting to other electors for future elections.

(2)A report on the review and investigation must be given to the Minister.

(3)The Minister must, within 14 days after receiving the report, table the report in the Legislative Assembly.

s 75E ins 2014 No. 44s 57

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

76Arrangements for electors at hospitals etc.

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

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

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

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

(a)take to the elector—

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

(ii)a ballot box; and

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

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

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

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

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

(c)the elector puts the folded ballot paper—

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

(ii)otherwise—in the ballot box.

(6)In this section—

hospital includes any of the following—

(a)a convalescent home;

(b)a nursing home;

(c)a home for the aged;

(d)a hostel for the aged or infirm.

77Arrangements for electoral visitor voting

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

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

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

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

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

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

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

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

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

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

(7)When visiting an elector, the issuing officer must—

(a)take to the elector—

(i)a ballot paper; and

(ii)a ballot box; and

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

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

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

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

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

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

s 77 amd 2014 No. 44s 58

78Help for electors voting

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

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

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

(b)acting as interpreter;

(c)explaining the following—

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

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

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

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

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

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

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

s 78 amd 2014 No. 44s 59

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

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

(2)The application—

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

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

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

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

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

Note—

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

(3)Subsection (4) applies if—

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

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

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

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

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

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

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

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

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

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

80Distribution of ballot papers to electors for postal ballot elections

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

(a)a ballot paper;

(b)a declaration envelope;

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

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

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

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

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

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

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

81Applications to cast postal votes in postal ballot elections

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

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

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

Note—

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

(3)The application—

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

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

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

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

(4)Subsection (5) applies if—

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)a ballot paper;

(b)a declaration envelope;

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

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

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

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

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

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

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

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

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

(b)otherwise—subsection (3) or (4).

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

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

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

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

s 83 amd 2014 No. 44s 64

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

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

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

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

(b)otherwise—subsection (2) or (3).

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

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

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

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

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

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

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

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

(a)satisfies an issuing officer that—

(i)a ballot paper given to the elector (the spoilt ballot paper) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and

(ii)the spoilt ballot paper has not been put in a ballot box in use in the poll; and

(iii)the elector has not voted in the election; and

(b)gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.

(2)The issuing officer must give the elector another ballot paper.

(3)The issuing officer must also—

(a)place the spoilt ballot paper in an envelope and seal the envelope; and

(b)keep the envelope for separate identification under section 92(9)(b).

s 85 sub 2019 No. 30s 179

85A Replacement ballot paper issued to postal voter

(1)This section applies if a ballot paper for an election and declaration envelope is sent to an elector under subdivision 4 and either—

(a)the elector does not receive the ballot paper and declaration envelope; or

(b)the ballot paper (the spoilt ballot paper) is marked, damaged or destroyed to the extent that it can not be used to cast a postal vote.

(2)The elector may ask the returning officer for a replacement ballot paper.

(3)If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper and a declaration envelope are to be sent.

(4)The returning officer or an issuing officer must—

(a)if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or

(b)if the elector’s request complies with subsection (3)—post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.

(5)When the elector casts a postal vote, the elector must make the declaration on the declaration envelope that states—

(a)the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and

(b)the elector has not otherwise voted in the election.

(6)The returning officer must keep a record of all ballot papers and declaration envelopes given or sent under this section.

s 85A ins 2019 No. 30s 179

86Formal and informal ballot papers—optional-preferential voting

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

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

(a)is completed under section 83; and

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

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

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

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

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

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

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

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

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

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

s 86 amd 2014 No. 44s 66

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

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

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

(a)is completed under section 84; and

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

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

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

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

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

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

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

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

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

s 87 amd 2014 No. 44s 67

88Ballot paper partly formal and partly informal

(1)This section applies if—

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

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

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

89Preliminary processing of declaration envelopes

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

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

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

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

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

91Procedure for processing declaration envelopes

(1)The returning officer must—

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

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

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

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

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

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

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

(4)The returning officer must—

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

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

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

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

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

(b)all rejected declaration envelopes.

s 91 amd 2019 No. 30s 181

92Preliminary counting of ordinary votes

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

93Objections by scrutineers during preliminary count

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

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

95Official counting of votes

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

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

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

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

(a)if the system of voting is first-past-the-post voting—the number of votes cast for each candidate; or

(b)if the system of voting is optional-preferential voting—the number of first-preference votes cast for each candidate.

(3)The returning officer must—

(a)open all sealed parcels of ballot papers given to the returning officer under section 92(11) or sealed by the returning officer if the returning officer conducted the preliminary count under section 92; and

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

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

(ii)if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers.

(4)The returning officer must—

(a)open all other ballot boxes on hand; and

(b)open all accepted envelopes mentioned in section 91(2)(c) that have not yet been opened and remove the ballot papers; and

(c)identify, and keep in a separate parcel, all informal ballot papers, including ballot papers printed for electronically assisted votes; and

(d)examine all formal ballot papers, including ballot papers printed for electronically assisted votes, and—

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

(ii)if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers.

(5)The returning officer must add together—

(a)if the system of voting is first-past-the-post voting—the number counted under subsections (3)(b)(i) and (4)(d)(i); or

(b)if the system of voting is optional-preferential voting—the number counted under subsections (3)(b)(ii) and (4)(d)(ii).

(6)The returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 72 after close of the poll.

s 95 amd 2019 No. 30s 183

96Objections by scrutineers during official count

(1)If, while the returning officer is complying with section 95, a candidate or scrutineer objects to the treatment of a particular ballot paper as informal, the officer must mark on the back of it ‘formal’ or ‘informal’ according to whether the officer’s decision is to treat it as formal or informal.

(2)If, while the returning officer is complying with section 95, a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted.

96ARe-counting of votes

(1)At any time before the following happens, the electoral commission may direct the returning officer, or another member of the electoral commission’s staff, to re-count some or all of the ballot papers for an election—

(a)the result of the poll for the election is notified by the electoral commission under section 100;

(b)the electoral commission refers a matter to the Court of Disputed Returns under part 7.

(2)The returning officer may re-count some or all of the ballot papers for the election at any time before the results of the election are notified.

(3)A person carrying out a re-count of ballot papers must, so far as practicable, ensure that the requirements of section 95 are complied with.

(4)This section does not limit by implication section 9(5).

s 96A ins 2014 No. 44s 72

amd 2015 No. 6s 15

97Counting of votes for optional-preferential system

(1)This section applies for counting votes in an election in which the system of voting is optional-preferential voting.

(2)If, after final counting under section 95, an absolute majority of formal first-preference votes are for 1 candidate, that candidate is elected.

(3)Alternatively, if there is no absolute majority of the formal first-preference votes for 1 candidate, a further count assigning preference votes must be conducted and, if necessary, repeated until an absolute majority of the remaining votes are for 1 candidate.

(4)For subsection (3), a further count assigning preference votes is conducted by—

(a)excluding the candidate with the fewest votes in a previous count; and

(b)excluding all ballot papers on which there is not recorded a preference vote for a candidate who has not been excluded for the count or a previous count; and

(c)assigning each preference vote recorded on the remaining ballot papers to the candidate who—

(i)is next in the order of an elector’s preference on the ballot paper; and

(ii)has not been excluded; and

(d)counting the number of votes (first-preference votes for a candidate together with any preference votes assigned to the candidate) for each candidate who has not been excluded.

(5)If, after final counting under subsection (4), an absolute majority of the votes remaining in the count are for 1 candidate, that candidate is elected.

(6)If subsection (4)(a) can not be applied because 2 or more candidates (1 of whom must be excluded) have an equal number of votes, the candidate to be excluded is—

(a)if there has been an earlier count—the candidate who had the fewest votes at the last count at which the candidates did not have an equal number of votes; or

(b)if there has not been an earlier count or the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (7).

(7)For subsection (6)(b), the returning officer must, in the presence of any candidates, or their representative, who wish to attend—

(a)write the names of the candidates who have an equal number of votes on similar slips of paper; and

(b)fold the slips, concealing the names; and

(c)put the slips in an opaque container and shuffle them; and

(d)raise the container so that its contents can not be seen and choose a slip at random.

(8)If, under subsection (6), the candidates who have an equal number of votes are the only candidates remaining in the count, then, despite subsection (6), the candidate whose name is recorded under subsection (9)(g) is elected.

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

(a)prepare a list of the candidates; and

(b)assign a different number or colour to each candidate; and

(c)place only the marbles, balls or other similar things (marbles), complying with subsection (10), in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and

(d)rotate the container and permit another person present who wishes to do so to rotate it; and

(e)raise the container so that its contents can not be seen; and

(f)while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and

(g)record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f), is taken or allowed to come out of the container.

(10)For subsection (9)(c), the marbles must be—

(a)the same size and weight; and

(b)the same colours or numbers as the colours or numbers assigned under subsection (9)(b) to the candidates.

(11)The returning officer must allow each of the 2 candidates, or their representative, to be present for the process mentioned in subsection (9).

(12)In this section—

absolute majority means more than 50% of votes.

98Counting of votes for first-past-the-post system

(1)This section applies for counting votes in an election in which the system of voting is first-past-the-post voting.

(2)If only 1 person is to be elected, the candidate who receives the majority of votes is elected.

(3)If subsection (2) can not be applied because 2 or more candidates have an equal number of votes, the candidate whose name is recorded under subsection (7)(g) is elected.

(4)If 2 or more persons are to be elected (as councillors)—the candidates elected are—

(a)the candidate who receives the majority of votes; and

(b)the candidates who receive the next highest number of votes, up to the number of persons to be elected.

Note—

A candidate who receives no votes has a number of votes that is 0.

(5)If—

(a)subsection (4) can not be applied because 2 or more candidates (the tied candidates) have an equal number of votes; and

(b)the number of tied candidates, together with any candidates already elected under subsection (4), is more than the number of persons to be elected;

the candidate whose name is recorded under subsection (7)(g) is elected.

Note—

A candidate who receives no votes has a number of votes that is 0.

(6)To remove any doubt, it is declared that, if—

(a)subsection (4) can not be applied there are tied candidates; and

(b)the number of tied candidates, together with any candidates already elected under subsection (4), is not more than the number of persons to be elected;

the tied candidates are elected.

Example for subsection (6)—

If three persons remain to be elected and the 2 candidates with the highest number of votes have an equal number of votes, the candidates are elected and then only 1 person would remain to be elected.

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

(a)prepare a list of the candidates; and

(b)assign a different number or colour to each candidate; and

(c)place only the marbles, balls or other similar things (marbles), complying with subsection (8), in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and

(d)rotate the container and permit another person present who wishes to do so to rotate it; and

(e)raise the container so that its contents can not be seen; and

(f)while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and

(g)record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f), is taken or allowed to come out of the container.

(8)For subsection (7)(c), the marbles must be—

(a)the same size and weight; and

(b)the same colours or numbers as the colours or numbers assigned under subsection (7)(b) to the candidates.

(9)The returning officer must allow each of the candidates, or their representative, to be present for the process mentioned in subsection (7).

s 98 amd 2014 No. 44s 73

99Returning officer’s duty after counting votes

When the result of the poll for the election is known, the returning officer must—

(a)seal the following in separate parcels—

(i)all formal ballot papers, including ballot papers printed for electronically assisted votes;

(ii)all informal ballot papers, including ballot papers printed for electronically assisted votes;

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

(iv)all rejected declaration envelopes;

(v)all spoilt ballot papers in sealed envelopes;

(vi)all unused ballot papers;

(vii)all of the books and papers (other than the voters roll) used in the poll by each presiding officer; and

(b)endorse on each parcel a description of its contents and sign the endorsement; and

(c)allow any scrutineers, who wish to do so, to countersign the endorsement.

s 99 amd 2019 No. 30s 184

100Notifying the results of an election

(1)As soon as practicable after the result of a poll for an election is known, the electoral commission must, by notice in the approved form, declare—

(a)the result of the poll; and

(b)for a poll for the election of a mayor, the name of the mayor who has been elected; and

(c)the names of each candidate who has been elected.

(2)The electoral commission must ensure the notice is published on the electoral commission’s website, and in other ways the electoral commission considers appropriate.

(3)The returning officer must ensure the notice is published on the website of the local government for which the election was held.

(4)The electoral commission must not delay complying with subsection (1) or (2) merely because some ballot papers have not been received by the returning officer, if it is clear the votes recorded on the ballot papers could not affect the result of the election.

s 100 amd 2014 No. 44s 74; 2019 No. 30s 185

101Notice of results of poll to candidates

The electoral commission must give notice of the final result of the poll to each candidate as soon as practicable after—

(a)all ballot papers used in the poll have been examined; and

(b)all votes cast in the poll on ballot papers that appear to be formal have been counted.

101A Election and elector information

(1)This section applies if the electoral commission has given notice of the final result of a poll for an election under section 101.

(2)As soon as practicable after giving the notice, the electoral commission must publish on the commission’s website—

(a)the number of formal first preference votes cast for each candidate in the poll; and

(b)information about the distribution of formal preference votes, other than first preference votes, for the candidates in the poll.

(3)Also, the following (each a requester) may ask the electoral commission for elector information for the election—

(a)a registered political party;

(b)a group of candidates for the election, if at least 1 member of the group was elected at the election;

(c)a councillor who—

(i)was elected at the election; and

(ii)as a candidate for the election, was not a member of a group of candidates or endorsed by a registered political party.

(4)The electoral commission must comply with a request under subsection (3) by giving the requester the elector information about each elector who—

(a)was enrolled on the relevant voters roll for the election; and

(b)voted in the election.

(5)The relevant voters roll for the election is—

(a)for a request made by a registered political party—the voters roll for each local government area; or

(b)for a request made by a group of candidates—the voters roll for the local government area, or division of a local government area, for each member of the group that was elected; or

(c)for a request made by a councillor mentioned in subsection (3)(c)—the voters roll for the local government area, or division of a local government area, for which the councillor was elected.

(6)The elector information about an elector who voted in an election is—

(a)the elector’s name and address; and

(b)whether the elector voted in person, by post or in another way; and

(c)if the elector voted in person at a polling booth in the local government area—the location of the polling booth.

(7)However, the commission must not give the requester the elector information about a silent elector.

(8)A person must not use, disclose to another person or allow another person to access elector information given to a registered political party, group of candidates or councillor under this section, unless the use, disclosure or access is for a purpose related to an election.

Maximum penalty for subsection (8)—200 penalty units.

s 101A ins 2019 No. 30s 219

102Storage and disposal of material resulting from election

(1)As soon as practicable after the electoral commission gives notice of the final result of a poll for an election under section 101, the returning officer for the election must—

(a)destroy all unused ballot papers; and

(b)seal up in packets all other parcels sealed up under section 99; and

(c)endorse the following on each packet and sign the endorsement—

(i)a description of its contents;

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

(iii)the polling day; and

(d)give each packet to the electoral commission.

(2)The electoral commission must keep the packets in safe custody until the next quadrennial election.

(3)At the end of the period under subsection (2), the electoral commission must—

(a)destroy all ballot papers contained in the packets; and

(b)dispose of the other contents of the packets in the way the commission considers appropriate.

103Notice to electors whose ballot papers are not accepted

(1)This section applies if—

(a)in an election, a person casts a vote in the election and completes a declaration envelope for the vote; and

(b)the person’s ballot paper is not accepted for counting under section 91 because the returning officer is not satisfied that the declarant on the declaration envelope is entitled to cast a vote in the election.

(2)As soon as practicable after the election, the electoral commission must send a notice to the person advising the person why the ballot paper was not accepted for counting.

s 103 amd 2014 No. 44s 75

104Notice to electoral commission of error in electoral roll

As soon as practicable after an election, the returning officer must give to the electoral commission notice of the names and addresses of all persons permitted to vote at the election whose names are not on the voters roll, apparently because of official error, if the error relates to the keeping of an electoral roll under the Electoral Act 1992.

105Arrangements for fresh election

(1)This section applies if—

(a)the Governor in Council gives effect to a recommendation by the Minister to dissolve a local government under the Local Government Act 2009, section 123(3)(b)(i); or

Note—

The dissolution does not take effect until it is ratified by the Legislative Assembly under the Constitution of Queensland 2001, section 75(2).

(b)a fresh election is required under a regulation implementing a recommendation of the change commission under the Local Government Act 2009, chapter 2, part 3.

(1)This section applies if—

(a)under the Local Government Act 2009, section 123(3) a regulation directs that a fresh election of councillors of a local government be held; or

Note—

The direction under the Local Government Act 2009, section 123(3) may be given only after the ratification of the dissolution of the local government by the Legislative Assembly.

(b)a regulation directs that a fresh election of councillors of a local government, or a division of a local government, be held to implement a local government change under the Local Government Act 2009, chapter 2, part 3.

(2)The day on which a fresh election is to be held must be a Saturday.

(3)The provisions of part 4 apply, with all necessary changes and any changes prescribed by regulation, to the fresh election as if the election were a quadrennial election.

106Definitions for part

In this part—

disclosure date ...

s 106 def disclosure date ins 2017 No. 12s 11(2)

disclosure deadline, for a return, means the day or time prescribed by regulation for the giving of the return.

disclosure period, for an election—

(a)for a candidate in the election—see section 106A(1); or

(b)for a group of candidates in the election or a third party to which section 118A or 125A applies for the election—see section 106A(3).

electoral expenditure see section 123.

s 106 def electoral expenditure ins 2018 No. 9 s 29

fundraising contribution see section 107A.

candidate’s disclosure period means the disclosure period applying to the candidate under division 2, subdivision 1.

disclosure date, for a return, means the day prescribed by regulation for the return.

s 106 def disclosure date ins 2017 No. 12s 11(2)

electoral expenditure means expenditure incurred for the purposes of a campaign for an election, whether or not the expenditure is incurred during the election period for the election.

s 106 def electoral expenditure ins 2018 No. 9 s 29

gift see section 107(1) and (2).

gifts register see section 128(1).

group’s disclosure period means the disclosure period for the group of candidates under section 116.

information notice, about a decision, means a notice that states—

(a)the decision; and

(b)the reasons for the decision; and

(c)that the person to whom the notice is given may apply to the electoral commissioner for a review of the decision within 20 business days after the person receives the notice; and

(d)how to apply for a review.

s 106 def information notice ins 2018 No. 9 s 29

loan means any of the following made other than by use of a credit card—

(a)an advance of money;

(b)a provision of credit or another form of financial accommodation;

(c)a payment of an amount for, on account of, on behalf of or at the request of an entity, if there is an express or implied obligation to repay the amount;

(d)a transaction (whatever its terms or form) that in substance effects a loan of money.

s 106 def loan ins 2018 No. 9 s 29

person acting on behalf of a candidate see section 111(1).

person acting on behalf of a group of candidates see section 111(2).

political activity means 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 or someone else will apply, either directly or indirectly, the whole or a part of the gift for a purpose mentioned in paragraph (a), (b), (c) or (d).

political donation, for division 1A, see section 113A.

s 106 def political donation ins 2018 No. 9 s 29

prohibited donor, for division 1A, see section 113(1).

s 106 def prohibited donor ins 2018 No. 9 s 29

recipient, of a gift or loan, means the entity to whom, or for the benefit of whom, the gift or loan was made.

registered industrial organisation means an organisation registered under a law of the State, another State or the Commonwealth about the registration of industrial organisations.

relevant details, for a gift or loan, see section 109.

required period, for an election, means 15 weeks after the polling day for the election or, if no poll is conducted, the day a poll would have been conducted if it were required.

s 106 def required period ins 2017 No. 12s 11(2)

source—

(a)of a gift—see section 121A(1); or

(b)of a loan—see section 121A(2).

third party, for an election, means an entity other than—

(a)a political party, an associated entity or a candidate; or

(b)a person who is a member of a committee for the election of a candidate endorsed by a registered political party, if the committee is part of the political party; or

(c)a person who is a member of a committee for the election of—

(i)a candidate in the election; or

(ii)members of a group of candidates for the election.

third party see section 123.

value, of a gift, see section 108.

s 106 amd 2017 No. 12s 11

108Meaning of value of gifts

The value, 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)if a regulation prescribes principles under which the value of the property is to be decided—the value decided under the principles; or

(c)if the gift is the provision of a service—

(i)the amount that would reasonably be charged for providing the service if the service were provided on a commercial basis; or

(ii)if a regulation prescribes principles under which the amount that would reasonably be charged for providing the service is to be decided—the amount decided under the principles; or

(d)if the gift is a payment for attendance at, or participation in, a fundraising activity—the gross amount of the payment, regardless of the value of anything received in consideration for the payment.

(d)if the gift is a fundraising contribution—the gross amount of the contribution, regardless of the value of anything received in consideration for the contribution.

110References to candidates

A person who is a candidate in an election is taken, for this part, to remain a candidate for the entire period of the candidate’s disclosure period for the election.

111Agents and campaign committees

(1)A person acting on behalf of a candidate includes a committee formed to help the candidate’s election campaign in an election but does not include a committee that is recognised by a political party as forming part of the political party.

(2)A person acting on behalf of a group of candidates includes a committee formed to help the election campaign of members of the group in an election.

112Related corporations

For this part—

(a)a body corporate and any other body corporate related to it are taken to be the 1 body corporate; and

(b)whether a body corporate is related to another body corporate must be decided in the same way a body corporate is decided to be related to another body corporate under the Corporations Act.

pt 6 div 1A hdg ins 2018 No. 9 s 30

113 Meaning of prohibited donor

(1)For this division, prohibited donor—

(a)means—

(i)a property developer; or

(ii)an industry representative organisation, a majority of whose members are property developers; but

(b)does not include an entity for whom a determination is in effect under section 113D.

Note—

See section 194C(4) in relation to the non-effect of a determination in particular circumstances.

(2)For subsection (1)(a), each of the following persons is a property developer—

(a)a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation—

(i)in connection with the residential or commercial development of land; and

(ii)with the ultimate purpose of the sale or lease of the land for profit;

(b)a close associate of a corporation mentioned in paragraph (a).

(3)For deciding whether a corporation is a corporation mentioned in subsection (2)(a), any activity engaged in by the corporation for the dominant purpose of providing commercial premises at which the corporation, or a related body corporate of the corporation, will carry on business is to be disregarded, unless the business involves the sale or leasing of a substantial part of the premises.

(4)In this section—

close associate, of a corporation, means any of the following persons—

(a)a related body corporate of the corporation;

(b)a director or other officer of the corporation;

(c)a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation;

(d)a spouse of an individual mentioned in paragraph (b) or (c);

(e)if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security;

(f)if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust;

(g)if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust.

director, of a corporation, see the Corporations Act, section 9.

officer, of a corporation, see the Corporations Act, section 9.

related body corporate, of a corporation, see the Corporations Act, section 9.

relevant planning application means—

(a)an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009; or

(b)a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or

(c)an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971; or

(d)a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about any of the following under that Act—

(i)the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area;

(ii)the imposition of, or change to, conditions on a coordinated project;

(iii)the preparation or variation of a development scheme; or

(e)an application for, or to change, a PDA development approval under the Economic Development Act 2012; or

(f)a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act—

(i)a priority development area or provisional priority development area;

(ii)a development scheme, interim land use plan, or PDA-associated development for a priority development area;

(iii)a provisional land use plan or PDA-associated development for a provisional priority development area; or

(g)an application or request of a type prescribed by regulation to be a relevant planning application.

stapled entity—

(a)means an entity the interests in which are traded along with the interests in another entity as stapled securities; and

(b)for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust.

voting power see the Corporations Act, section 610.

s 113 prev s 113 om 2014 No. 44s 76

pres s 113 ins 2018 No. 9 s 30

113A Meaning of political donation

(1)For this division, each of the following is a political donation—

(a)a gift made to or for the benefit of—

(i)a political party; or

(ii)a 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 make a gift mentioned in paragraph (a) or to incur electoral expenditure; or

(ii)to reimburse the entity (directly or indirectly) for making a gift mentioned in paragraph (a) or incurring electoral expenditure;

(c)a loan from an entity other than a financial institution that, if the loan were a gift, would be a gift mentioned in paragraph (a) or (b).

(2)If a gift is made by a person in a private capacity to an individual (the recipient) for the recipient’s personal use and the recipient does not intend to use the gift for an electoral purpose—

(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 gift at the time it is used for an electoral purpose.

(3)A reference in subsection (2) to using a gift for an electoral purpose is a reference to using the gift to incur electoral expenditure or for the recipient’s duties as a councillor of a local government.

(4)Despite section 107(4)(b), a reference in this section to a gift includes a fundraising contribution, to the extent the amount of the contribution forms part of the proceeds of the fundraising venture or function to which the contribution relates.

(5)Despite section 107(4)(c), a reference in this section to a gift includes any of the following amounts paid by a person to a political party, to the extent the total amount of the person’s payments in a calendar year exceeds $1,000—

(a)an amount paid as a subscription for a person’s membership of the party;

(b)an amount paid for a person’s affiliation with the party.

(6)In this section—

electoral expenditure means expenditure incurred for the purposes of a campaign for an election, whether or not the expenditure is incurred during the election period for the election.

(4)In this section—

disposition of property see section 107(3).

gift means—

(a)the disposition of property or the provision of a service, without consideration or for a consideration that is less than 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 a loan if—

(i)the loan had been made on terms requiring the payment of interest at the generally prevailing interest rate for a loan of that kind; and

(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 a fundraising activity, to the extent the amount forms part of the proceeds of the fundraising activity to which it relates; or

(d)any of the following amounts paid by a person to a political party, to the extent the total amount of the person’s payments in a calendar year exceeds $1,000—

(i)an amount paid as a subscription for a person’s membership of the party;

(ii)an amount paid for a person’s affiliation with the party.

s 113A ins 2018 No. 9 s 30

113B Political donations by prohibited donors

(1)It is unlawful for a prohibited donor to make a political donation.

(2)It is unlawful for a person to make a political donation on behalf of a prohibited donor.

(3)It is unlawful for a person to accept a political donation that was made (wholly or in part) by or on behalf of a prohibited donor.

(4)It is unlawful for a prohibited donor to solicit a person to make a political donation.

(5)It is unlawful for a person to solicit, on behalf of a prohibited donor, another person to make a political donation.

s 113B ins 2018 No. 9 s 30

113C Recovery of prohibited donations

(1)If a person accepts a prohibited donation, the following amount is payable by the person to the State—

(a)if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation;

(b)otherwise—an amount equal to the amount or value of the prohibited donation.

(2)The amount may be recovered by the State as a debt due to the State from—

(a)if the recipient is a registered political party that is not a corporation—the party’s agent; or

(b)if the recipient is a group of candidates—the members of the group or the group’s agent; or

(c)if the recipient is a candidate—the candidate or the candidate’s agent; or

(d)otherwise—the recipient.

(3)The imposition of liability to pay an amount to the State under this section—

(a)is not a punishment or sentence for an offence against section 194A or any other offence; and

(b)is not a matter to which a court may have regard in sentencing an offender for an offence against section 194A or any other offence.

(4)An action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission.

(5)Any process in the action required to be served on the State may be served on the electoral commission.

(6)In this section—

prohibited donation means a political donation that was unlawfully made or accepted under section 113B.

recipient means the entity to whom, or for the benefit of whom, the prohibited donation was made.

s 113C ins 2018 No. 9 s 30

113D Making of determination that entity is not a prohibited donor

(1)A person may apply to the electoral commissioner for a determination that the person, or another entity, is not an entity mentioned in section 113(1)(a)(i) or (ii).

(2)The application must be written and supported by enough information to enable the electoral commissioner to decide the application.

(3)If the electoral commissioner is satisfied the entity to whom the application relates is not an entity mentioned in section 113(1)(a)(i) or (ii), the electoral commissioner must make the determination sought by the applicant.

(4)Otherwise, the electoral commissioner must—

(a)decide not to make the determination; and

(b)give the applicant an information notice about the decision.

(5)A determination has effect for 1 year unless it is earlier revoked.

s 113D ins 2018 No. 9 s 30

113E Revocation of determination

(1)If, at any time, the electoral commissioner ceases to be satisfied the entity to whom a determination relates is not an entity mentioned in section 113(1)(a)(i) or (ii), the electoral commissioner may revoke the determination by giving a written notice of revocation to the entity and, if the entity was not the applicant for the determination, the applicant.

(2)The notice of revocation given to the entity must include, or be accompanied by, an information notice about the decision to revoke the determination.

s 113E ins 2018 No. 9 s 30

113F Register of determinations

(1)The electoral commissioner must keep a register of determinations made under section 113D.

(2)The register must include any revocations made under section 113E.

(3)The electoral commissioner must make the register available for public inspection without fee.

s 113F ins 2018 No. 9 s 30

113G Review of decisions

A person who is given, or is entitled to be given, an information notice about a decision under this division has a right to appeal against the decision under the Electoral Act 1992, part 11, division 20, as if the decision were a decision to which section 277(4)(b) or 278(2) of that Act applied.

s 113G ins 2018 No. 9 s 30

126Requirement for candidate to operate dedicated account

(1)This section applies to a candidate for an election.

(2)The candidate must operate an account with a financial institution if the candidate receives an amount mentioned in subsection (3) or pays an amount mentioned in subsection (4).

(3)All amounts received by the candidate, or a person on behalf of the candidate, during the candidate’s disclosure period for the election for the conduct of the candidate’s election campaign, including all gifts received by the candidate for the election, 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 of the candidate, during the candidate’s disclosure period for the election for the conduct of the candidate’s election campaign must be paid—

(a)out of the account; and

(b)in a way permitted under section 127A.

(5)The account must not, during the candidate’s disclosure period for the election, be used other than for receiving and paying amounts under subsections (3) and (4).

(6)If an amount remains in the account at the end of the disclosure period, the amount or part of the amount may—

(a)be kept in the account for the conduct of another election campaign by the candidate; or

(b)if the candidate was a member of a political party during the 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 with other than under that subsection.

(8)The candidate must take all reasonable steps to ensure the requirements 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 include amounts received or paid out by a group of candidates for the election of which the candidate is a member.

s 126 amd 2017 No. 12s 25; 2019 No. 30s 186

127Requirement for group of candidates to operate dedicated account

(1)This section applies if a candidate is a member of a group of candidates for an election.

(2)The group must operate an account with a financial institution if 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 of the group, during the group’s disclosure period for the election for the conduct of the group’s election campaign, including all gifts received by the group for the election, and all amounts received as loans to the group, must be placed in the account.

(4)All amounts paid by the group, or a person on behalf of the group, during the group’s disclosure period for the election for the conduct of the group’s election campaign must be paid—

(a)out of the account; and

(b)in a way permitted under section 127A.

(5)The account must not, during the group’s disclosure period for the election, be used other than for receiving and paying amounts under subsections (3) and (4).

(6)If an amount remains in the account at the end of the group’s disclosure period for the election, the amount or part of the amount may—

(a)be kept in the account for the conduct of another election campaign by the group; or

(b)if each member of the group was a member of a political party during the disclosure period—be paid to the political party; or

(c)be paid to a charity nominated by the group.

(7)An amount mentioned in subsection (6) must not be dealt with other than under that subsection.

(8)Each candidate who is a member of the group must take all reasonable steps to ensure the requirements of subsections (2) to (7) are complied with.

Maximum penalty for subsection (8)—100 penalty units.

s 127 amd 2017 No. 12s 26; 2019 No. 30s 187

127A Permitted ways to pay amounts from dedicated account

(1)An amount paid from an account under section 126(4) or 127(4) may be paid in 1 of the following ways or a combination of the ways—

(a)by an electronic funds transfer transaction from the account; or

(b)using a debit card that withdraws the payment directly from the account; or

(c)in cash withdrawn from the account.

(2)For subsection (1)(c), the amount of cash withdrawn from the account to pay an amount under section 126(4) or 127(4) must not exceed—

(a)the amount to be paid; or

(b)if the cash is withdrawn from an ATM—the amount to be paid rounded up to the nearest amount the ATM can dispense.

s 127A ins 2019 No. 30s 188

127B Payment of campaign expenses by credit card prohibited

(1)A person to whom section 126(8) or 127(8) applies must not—

(a)use a credit card to pay an amount for the conduct of the election campaign of a candidate or group of candidates; or

(b)pay an amount out of the dedicated account of a candidate or group of candidates to pay a charge incurred using a credit card.

Maximum penalty—100 penalty units.

(2)For subsection (1)(b), it does not matter whether or not the charge was incurred for the conduct of the election campaign of a candidate or group of candidates.

(3)This section does not limit section 126, 127 or 127A.

s 127B ins 2019 No. 30s 188

127C Time for prosecuting offences

A prosecution for an offence against this division may be started at any time within 4 years after the offence was committed.

s 127C ins 2019 No. 30s 188

128Register of giftsElectoral commission must publish returns and other documents

(1)The electoral commission must keep a register of gifts for an election (the gifts register).

(21)The gifts registerelectoral commission must includepublish the following returns and other documents on its website—

(a)all returns given to the electoral commission under this part;

(b)applications made to the electoral commission under section 132;

(c)copies of information given by the electoral commission under section 130(2);

(d)statutory declarations given to the electoral commission under section 130(5);

(e)copies of notices given by the electoral commission under section 131(3);

(f)particulars given to the electoral commission after a request made under section 131(3);

(g)notices given to the electoral commission under section 198(2).

(2)A return or other document must be published within 5 business days after it is given to the commission.

(3)However, if publishing a return or other document would disclose any of the following information, the electoral commission must publish a copy of the return or document from which the information has been deleted—

(a)if the electoral commission is informed, by the person giving the return, that an individual identified in the return is a silent elector or an elector whose status is equivalent or similar to a silent elector under a law of the Commonwealth or another State—the address of the individual elector;

(ab)the street address, but not the suburb, town, city or other locality including the State, of each individual identified in the return;

(b)a copy of, or extract from, a bank statement mentioned in section 125(3)(b) that accompanied a return given under that section;

(c)information prescribed by regulation for this subsection.

s 128 amd 2014 No. 44s 88

130Queries on contents of gifts registerreturn

(1)A person who suspects or believes, on reasonable grounds, that a return given to the electoral commission under this part has an error or omission may, in writing, inform the electoral commission of the suspicion or belief.

(2)The electoral commission must immediately, after being informed under subsection (1), take reasonable steps to inform, in writing, the person who gave the return about the suspicion or belief.

(3)The person who gave the return must, within 30 days after being informed under subsection (2), establish whether the return should be amended to make it a true record of fact.

(4)If the person establishes that the return should be amended, the person must apply, under section 132, to the electoral commission to amend the return to correct the error or omission.

(5)If the person establishes the return does not need to be amended, the person must—

(a)complete a statutory declaration to the effect that the particulars in the return are a true record of fact; and

(b)give the statutory declaration to the electoral commission.

pt 6 div 6A hdg ins 2014 No. 44s 89

130AFunctions and powers of authorised officers etc.

(1)The purpose of this division is to ensure the electoral commission has available to it suitably qualified persons who can help the electoral commission properly deal with issues about compliance under this part.

(2)The functions of an authorised officer under the Electoral Act 1992, part 11, also include the following functions (the further functions)—

(a)to investigate and enforce compliance with this part;

(b)to investigate whether an occasion has arisen for the exercise 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 authorised officer—

(a)the authorised officer may exercise the officer’s powers under the Electoral Act 1992, part 11, divisions 15 to 18; and

(b)on an application by the authorised officer, a magistrate may issue a warrant for a place under section 336 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting—

(i)there is a particular thing or activity (the evidence) that may provide evidence of an offence against this part; and

(ii)the evidence is at the place or, within the next 7 days, will be at the place; and

(c)the electoral commissioner may decide a seized thing is forfeited to the State under section 354 of that Act; and

(d)the authorised officer must comply with part 11, division 19, subdivision 1 of that Act; and

(e)a person who incurs a loss because of the exercise, or purported exercise, of a power mentioned in paragraph (a) may apply for compensation under section 367 of that Act; and

(f)the electoral commissioner, an authorised officer and a person acting under the authority or direction of an authorised officer are each a designated person for section 372 of that Act; and

(g)a reference in part 11 of that Act to an offence against that part is taken to be a reference to an offence against this part; and

(h)a person who is given an information notice under part 11 of that Act has a right to appeal under section 374 of that Act.

(4)In this section—

authorised officer means a person who holds office under the Electoral Act 1992, part 11, division 14, as an authorised officer.

s 130A ins 2014 No. 44s 89

131Inability to complete returns

(1)If a person who is required to give a return under this part considers it is impossible to complete the return because the person is unable to obtain particulars required for the preparation of the return, the person may—

(a)prepare the return to the extent it is possible to do so without 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 obtain the particulars; and

(v)if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.

(2)A person who complies with subsection (1) must not, merely because of the omission of the particulars, be taken, for section 195(1), to have failed to comply with that section.

(3)The electoral commission may, by written notice, ask a person stated in a notice given under subsection (1)(c)(v) or (5)(e), to give the particulars mentioned in the notice to the commission, 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) is unable to obtain some or all of the particulars, the person must give the commission a written notice—

(a)stating any particulars the person is able to give; and

(b)stating that the person is unable to obtain some or all of the particulars; and

(c)identifying the particulars the person is unable to obtain; and

(d)stating the reasons the person considers the person is unable to obtain the particulars; and

(e)if the person believes, on reasonable grounds, that another person whose name and address the person knows can give the particulars—stating that belief and reasons for it and, if known, the name and address of that other person.

s 131 sub 2014 No. 44s 90

132Amendment of returns

(1)A person who has given a return under this part to the electoral commission may at any time apply to the electoral commission to amend the return to correct an error or omission.

(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 the application; and

(b)record in the gifts register particulars of the date and time of the amendment.

(b)publish, under section 128, the amended return and the day and time the amendment was made.

(4)The amendment of a return under this section does not affect the liability of a person to be convicted of an offence under section 195(2) committed before the amendment.

132A Electronic lodgement of returns

(1)The electoral commission may make procedures about how a return under this part may be lodged electronically.

(2)The procedures—

(a)do not take effect until approved by a regulation; and

(b)must be tabled in the Legislative Assembly with the regulation approving the procedures; and

(c)must be published on the commission’s website.

(3)If a return under this part is lodged as provided for under the procedures, the return is taken to have been given to the electoral commission.

s 132A ins 2017 No. 12s 27

133Things taken to be done by political party

(1)This section applies to a political party that is not a body corporate.

(2)For this part, things done by or with the authority of members or officers of the party on behalf of the party are done by or for the political party.

134Noncompliance with part does not affect election

(1)A failure of a person to comply with a provision of this part for an election does not invalidate the election.

(2)Without limiting subsection (1), if a candidate who is elected at an election fails to comply with a provision of this part for the election, the failure does not invalidate the election of the candidate.

s 134 amd 2014 No. 44s 91

136Local government election may be disputed under this part

(1)The election of a person under this Act may be disputed by an application to the Court of Disputed Returns under this part.

(2)The election may not be disputed in any other way.

137Who may dispute an election

An election may be disputed by—

(a)a candidate in the division, if any, of the local government for which the election is held; or

(b)an elector in the division, if any, of the local government for which the election is held; or

(c)the electoral commission; or

(d)a person who the returning officer decided, under section 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)for an application by the electoral commission—the electoral commissioner; or

(ii)otherwise—the applicant before a witness; and

(d)if paragraph (c)(ii) applies—contain the signature, occupation and address of the witness.

(2)The applicant must—

(a)file the application with the Supreme Court registry in Brisbane within 7 days after the conclusion of the election to which the application relates; and

(b)when filing the application, deposit with the court—

(i)$400; or

(ii)if a greater amount is prescribed under a regulation—that amount.

(3)Subsection (1) does not stop the amendment of an application.

s 138 amd 2014 No. 44s 93

139Copies of application to be given to elected candidate and electoral commission

The registrar of the Supreme Court must give a copy of an application filed under section 138(2) to—

(a)the successful candidate in the election to which the application relates; and

(b)the electoral commission, unless the electoral commission filed the application.

140Application to court for order relating to documents etc.

(1)An applicant may apply to the Court of Disputed Returns for an order requiring the electoral commission or a returning officer to give the court stated documents or other things held by the electoral commission or a returning officer that relate to an election.

(2)The court may make the order about an application it considers appropriate.

141Parties to application

(1)The parties to an application are the person who filed it and any respondent under this section.

(2)The electoral commission is a respondent to any application filed by another person under this division.

(3)The successful candidate in an election to which an application relates is a party to the application if the candidate, within 7 days after receiving a copy of the application under section 139, files a notice with the Supreme Court registry in Brisbane stating that the candidate wishes to be a respondent.

142How application is to be dealt with by the court

(1)The Court of Disputed Returns may conduct hearings and other proceedings for an application.

(2)The court is not bound by technicalities, legal forms or rules of evidence.

(3)The court must deal with an application as quickly as is reasonable in the circumstances.

(4)In giving effect to subsection (3), the court must use its best efforts to ensure that—

(a)the proceeding begins within 28 days after the application is filed; and

(b)the court’s final orders are given within 14 days after the end of the proceeding.

(5)Despite subsections (3) and (4), the court must give all parties to the proceeding at least 10 days notice before it begins the proceeding.

(6)The rules of court of the Supreme Court may include provision, not inconsistent with this division, about the practices and procedures of the Court of Disputed Returns.

(7)Without limiting subsection (6), the rules of court may make provision about the withdrawal of applications, the consequences of the death of applicants and the substitution of applicants in these circumstances.

143Application for dismissal of application disputing election

(1)The electoral commission may apply to the Court of Disputed Returns for an order dismissing an application on the ground that there has been excessive delay by the applicant in relation to the application.

(2)The court may make the order on the application under subsection (1) that the court considers appropriate.

144Powers of the court

(1)Subject to sections 145 and 146, the Court of Disputed Returns may make any order or exercise any power relating to an application that the court considers just and equitable.

(2)The orders may include any of the following—

(a)an order to the effect that a candidate elected at an election is taken not to have been elected;

(b)an order to the effect that a new election must be held;

(c)an order to the effect that a candidate, other than the one elected at an election, is taken instead to have been elected;

(d)an order to dismiss or uphold an application in whole or part.

(3)To remove doubt, it is declared that the court may order the opening of a sealed declaration envelope.

(4)However, the court must ensure, as far as is reasonably practicable, the secrecy of a ballot is maintained.

145Restrictions on particular orders

(1)The Court of Disputed Returns must not make an order mentioned 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, 6 or 7.

(2)Also, the court must not make an order under section 144(2) (other than an order to dismiss the application)—

(a)because of an absence or error of, or omission by, a member of the electoral commission’s staff that appears unlikely to have had the effect that a candidate elected at an election would not have been elected; or

(b)because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed.

(3)In deciding whether the requirements of subsection (2) are met, the court must not, if it finds that an elector was prevented from voting at an election by absence, error or omission, take into account any evidence of the way in which the elector had intended to vote.

(4)The court must not make an order mentioned in section 144(2) because—

(a)the names of candidates were not stated on a ballot paper in the order required by section 55(2); or

(b)a name or other word that was required by section 55(1)(f) to be printed on a ballot paper adjacent to a candidate’s name was not so printed or was misspelt, inaccurate or incorrect; or

(c)a name or other word that was not authorised by section 55(1)(f) was printed on a ballot paper adjacent to a candidate’s name.

s 145 amd 2014 No. 44s 94; 2015 No. 6s 16

146Restriction on particular evidence and inquiries

(1)In a proceeding for an application, the Court of Disputed Returns must not take into account evidence by any person that the person was not permitted to vote during voting hours for a polling booth, unless the court is satisfied that, so far as the person was permitted to do so, the person did everything required by this Act to enable the person to vote.

(2)In a proceeding in relation to an application, the court—

(a)may inquire whether persons voting were enrolled on the voters roll for the local government or division of a local government area concerned and whether votes were correctly treated as formal or informal during the counting of votes; but

(b)must not inquire whether the voters roll, or any copy used at an election, was in accordance with this Act.

147Copy of final court orders

The registrar of the Supreme Court must arrange for a copy of the Court of Disputed Returns’s final orders to be sent to the Minister, the electoral commission and the local government to which the appeal relates as soon as practicable after they are made.

148Costs

(1)The Court of Disputed Returns may order an unsuccessful party to an application to pay the reasonable costs of the other parties to the application.

(2)If costs are awarded against an applicant, the deposit filed with the application must be applied towards payment of the costs.

(3)If not, the deposit must be returned to the applicant.

149Decisions and orders to be final

A decision of, or order made by, the Court of Disputed Returns that relates to an application is not subject to appeal other than an appeal under division 2.

s 149 amd 2014 No. 44s 113sch 1

150Right of electoral commission and returning officer to have access to documents

Unless the Court of Disputed Returns otherwise orders, the filing of an application does not deprive the electoral commission or a returning officer of any right to have access to a document for the purpose of performing the commission’s or officer’s functions.

151Appeal to Court of Appeal on question of law

An appeal lies to the Court of Appeal from any decision of, or order made by, the Court of Disputed Returns only on a question of law.

152Time for appealing

The notice of appeal starting the appeal must—

(a)be filed within 7 days after the date of the decision or order appealed from; and

(b)be served as soon as practicable on all other parties to the appeal.

153Electoral commission is a party to appeal

The electoral commission is a party to the appeal, whether or not it is the appellant.

154How appeal is dealt with by Court of Appeal

(1)In deciding the appeal, the Court of Appeal—

(a)is not bound by technicalities, legal forms or rules of evidence; and

(b)may use the procedures, whether usual or otherwise, that it considers necessary to enable the appeal to be decided quickly and properly; and

(c)has all the powers given to it by the Uniform Civil Procedure Rules 1999.

(2)The court must use its best efforts to ensure that the appeal is heard, and the court’s final decision is made or order is given, as quickly as is reasonable in the circumstances.

155Application for dismissal of appeal

(1)A party, other than the appellant, may apply to the Court of Appeal for an order dismissing the appeal on the ground that there has been excessive delay by the appellant in relation to the appeal.

(2)The court may make an order on the application it considers appropriate.

156Copy of final court orders

The registrar of the Supreme Court must arrange for a copy of the Court of Appeal’s final orders to be sent to the Minister, the electoral commission and the local government to which the appeal relates as soon as practicable after they are made.

157Right of electoral commission and returning officer to have access to documents

Unless the Court of Appeal otherwise orders, the filing of the notice of appeal does not deprive the electoral commission or a returning officer of any right to have access to a document for the purpose of performing the commission’s or officer’s functions.

158Decisions not subject to appeal

(1)This section applies if a provision of this Act declares a decision to be not subject to appeal.

(2)Unless the Supreme Court decides the decision is affected by jurisdictional error, the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(3)The Judicial Review Act 1991, part 5 applies to the decision to the extent it is affected by jurisdictional error.

(4)A person who, but for subsection (2), could have made an application under the Judicial Review Act 1991 in relation to the decision may apply under part 4 of that Act for a statement of reasons in relation to the decision.

(5)This section does not limit section 149.

(6)In this section—

decision includes—

(a)conduct related to making the decision; and

(b)a failure to make a decision.

Note—

See also the Judicial Review Act 1991, section 6.

s 158 sub 2019 No. 30s 189

159Postal vote presumed valid until contrary proved

If a declaration envelope and ballot paper to which section 72 applies is received by a returning officer by post, it must be presumed that section 72(3) to (5) has been complied with in relation to the declaration on the envelope until the contrary is proved.

161Ballot papers as evidence

In a proceeding, a ballot paper apparently used at an election and identified by evidence as 1 of the ballot papers held by the electoral commission under section 102 is evidence of the vote or votes cast in the election as recorded on the ballot paper.

162Allegations of false or misleading information or document

In a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state the information or document was, without specifying which, ‘false or misleading’.

163Evidentiary provisions

In a proceeding for an offence against this Act, a certificate purporting to be signed by a member of the electoral commission and stating any of the following matters is evidence of the matter—

(a)a stated document is an application, declaration, notice or return given or kept under this Act or the Electoral Act 1992, or a copy of it;

(b)on a stated day, a stated person was given a stated notice, under this Act.

s 163 amd 2014 No. 44s 96; 2015 No. 6s 17

165Notice about failure to vote

(1)The electoral commission may, as soon as practicable after an election, send a notice to each elector who appears to have failed to vote at the election stating that—

(a)the elector appears to have failed to vote at the election; and

(b)it is an offence to fail, without a valid and sufficient excuse, to vote at the conclusion of the election; and

(c)the elector may, if the elector considers the elector has committed the offence, pay one-half of a penalty unit (the penalty) to the electoral commission by a stated day, not earlier than 21 days after the elector received the notice (the appropriate day), and, if the electoral commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; and

(d)the elector must—

(i)if the elector intends paying the penalty by the appropriate day—sign the appropriate form for payment of the penalty and include payment of the penalty; and

(ii)if the elector does not intend paying the penalty by the appropriate day—state, in a form included in or with the notice, whether the elector voted and, if not, the reason for failing to vote; and

(iii)sign the form and post or give it to the electoral commission so it is received by the appropriate day.

(2)The elector must comply with the requirements of the notice.

(3)Subsection (4) applies if—

(a)the elector (the first elector) is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and

(b)another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed.

(4)The first elector is taken to have complied with the requirements of the notice.

s 165 sub 2014 No. 44s 98

166Payments for failure to vote

(1)If the electoral commission sends a person a notice under section 165 for an election and the person makes the payment mentioned 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 to vote at the election.

(2)In this section—

proceeding includes serving an infringement notice under the State Penalties Enforcement Act 1999.

s 166 amd 2014 No. 44s 99

168Failure to vote

(1)An elector for an election must not—

(a)fail to vote at the election without a valid and sufficient excuse; or

(b)fail to comply with the requirements of a notice given to the elector under section 165; or

(c)when complying with the requirements of the notice, make a statement the elector knows to be false or misleading in a material particular.

Maximum penalty—1 penalty unit.

(2)An elector’s belief that it is part of the elector’s religious duty not to vote at elections is a valid and sufficient excuse for the elector’s failure to vote in a particular election.

(3)An elector may be prosecuted for an offence against subsection (1)(a) only if the elector has been sent a notice about the election under section 165.

(4)In a proceeding for an offence against subsection (1)(a), a certificate purporting to be signed by a member of the electoral commission’s staff stating any of the following matters is evidence of the matter—

(a)an elector failed to vote at the election;

(b)a notice was sent by the electoral commission to the elector under section 165 on a stated day;

(c)a form mentioned in section 165(1) was not received by the electoral commission from the elector by the day stated under the subsection.

(5)If a form is not received by the electoral commission from the elector by the day stated under section 165(1), it is evidence the elector failed to vote at the election without a valid and sufficient excuse.

(6)If a form is received by the electoral commission about the elector’s compliance with section 165, statements in the form purporting to be made by—

(a)the elector are evidence as statements made by the elector; and

(b)another elector under section 165(3) are evidence as statements made by the other elector.

(7)For the Justices Act 1886, section 139, the place where an offence against subsection (1)(a) is committed is taken to be the office of the returning officer for the electoral district for which the elector was enrolled for the election.

s 168 amd 2014 No. 44s 101

169False or misleading information

(1)A person must not give information under this Act to a returning officer or the electoral commission, including information in a document, that the person knows is false or misleading in a material particular.

Maximum penalty—7 years imprisonment.

(2)Subsection (1) does not apply to—

(a)a person giving a document if, when giving the document, the person—

(i)informs the returning officer or electoral commission, to the best of the person’s ability, how it is false or misleading; and

(ii)if the person has, or can reasonably obtain, the correct information—gives the returning officer or electoral commission the correct information; or

(b)a return required to be given to the electoral commission under part 6; or

(c)information given to the electoral commissioner under section 113D.

s 169 amd 2014 No. 44s 102; 2018 No. 9 s 31

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 be influenced or affected.

Maximum penalty—7 years imprisonment.

(2)A person must not, in order to influence or affect another person’s election conduct, give, or promise or offer to give, a benefit of any kind to anyone.

Maximum penalty—7 years imprisonment.

(3)In this section—

election conduct of 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 or a political party at an election.

171Assisting illegal payments

A 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 spent to give a benefit mentioned in paragraph (a).

Maximum penalty—2 years imprisonment.

172Improperly influencing electoral officers

A person must not improperly influence an electoral officer in the performance of the officer’s functions under this Act.

Maximum penalty—35 penalty units or 1 year’s imprisonment.

173Obstructing persons

A person must not obstruct the free exercise or performance, by another person, of a right or responsibility under this Act that relates to an election.

Maximum penalty—20 penalty units or 6 months imprisonment.

s 173 amd 2014 No. 44s 103

174Obstructing electoral officers etc.

A person must not—

(a)wilfully obstruct or disturb any proceeding at an election; or

(b)prevent a scrutineer from entering or leaving a polling booth—

(i)during voting hours for the polling booth; or

(ii)while votes are being counted at the polling booth; or

(c)obstruct, intimidate or wilfully mislead an electoral officer in the performance of a function under this Act.

Maximum penalty—20 penalty units or 6 months imprisonment.

s 174 amd 2019 No. 30s 190

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)A person must not make someone else’s signature on an electoral paper, unless the person is authorised to do so under this Act.

Maximum penalty—10 years imprisonment.

s 175 amd 2014 No. 44s 104

176Wilful neglect etc. of electoral officers

An electoral officer must not wilfully neglect or fail to perform the officer’s functions under this Act.

Maximum penalty—20 penalty units.

176AConfidentiality of information

(1)This section applies to a person who—

(a)is involved in the administration of this Act; and

(b)gains information because of the person’s involvement in the administration.

(2)The person must not disclose the information to anyone else other than—

(a)for the purposes of this Act; or

(b)under the authority of another Act; or

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

Maximum penalty—100 penalty units.

s 176A ins 2014 No. 44s 105

amd 2019 No. 30s 191

177Author of election material must be named

(1)A person must not, during the election period for an election—

(a)print, publish, distribute or broadcast; or

(b)allow or authorise another person to print, publish, distribute or broadcast;

any advertisement, handbill, pamphlet or notice containing election material unless there appears, or is stated, at its end the 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 post office box, of the person who authorised the advertisement, handbill, pamphlet or notice.

(3)Subsection (1) does not apply to an advertisement that—

(a)is printed, published or distributed on a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon; or

(b)is of a kind prescribed by regulation.

(4)Also, subsection (1) does not apply to distributing, or allowing or authorising another person to distribute, a how-to-vote card.

(5)In this section—

publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.

s 177 amd 2014 No. 44s 106

178Distribution of how-to-vote cards

(1)During the election period for an election, a person must not distribute, or allow or authorise another person to distribute, a how-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 the person who authorised the card.

(3)A how-to-vote card must also state—

(a)if the card is authorised for a political party or a candidate endorsed by a political party—

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

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

Example for paragraph (a)—

‘Authorised P. Smith, 123 Main Street Brisbane for [name of political party]’

(b)if paragraph (a) does not apply and the card is authorised for a group of candidates or for a candidate who is a member of a group of candidates—the group’s name; or

Example for paragraph (b)—

‘Authorised M. Taylor, 99 King Street Port Douglas for [name of group]’

(c)otherwise—the candidate’s name and the word ‘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 for a candidate who is a member of a group of candidates, the authorising person must be a member of the group.

(5)The particulars mentioned in subsections (2) and (3) must appear—

(a)at the end of each side of the how-to-vote card that contains print; and

(b)in prominent and legible characters in print no smaller than—

(i)if the card is not larger than A6—10 point; or

(ii)if the card is larger than A6 but not larger than A3—14 point; or

(iii)if the card is larger than A3—20 point.

(6)During the election period for an election, a person must not distribute, or allow or authorise another person to distribute, a how-to-vote card if the person knows, or ought reasonably to know, that the particulars, or any of the particulars, mentioned in subsections (2) and (3) on the card are false.

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)for a corporation—85 penalty units.

s 178 amd 2014 No. 44s 107