Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act unless the contrary intention appears:
"abbreviation" of the name of a political party means a shortened version, or an acronym, of the party's name and does not include an alternative name of the party.
"AFP officer or staff member" means:
(a) a member or special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979 ; or
(b) a special protective service officer, within the meaning of that Act; or
(c) an AFP employee, within the meaning of that Act; or
(d) a person assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act.
"Antarctic elector" means an elector who is entitled under Part XVII to be treated as an Antarctic elector.
"Approved means approved by the Electoral Commission by notice published in the Gazette" .
"Australia" includes:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
"Australian Capital Territory" includes the Jervis Bay Territory.
"Australian passport" means a passport issued under the Australian Passports Act 2005 .
"capital city office" of the Electoral Commission has the meaning given by subsection 90A(3).
"Census" means a Census of the population taken under section 8 of the Census and Statistics Act 1905 .
"certified list of voters" , in respect of a Division, means a list prepared and certified under subsection 208(1).
(a) an ex‑nuptial child of the person; and
(b) a child adopted by the person; and
(c) a child of the person within the meaning of the Family Law Act 1975 .
"Compartment" , in relation to a polling booth, means a compartment constructed in the polling booth in pursuance of section 206.
"Controller-General of Prisons" means the Controller-General or other principal officer of a State or Territory having control of the prisons and gaols of the State or Territory.
"courier service" means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner.
(a) a postal vote;
(b) a pre‑poll vote;
(c) an absent vote; or
(d) a provisional vote.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
"defence civilian" has the same meaning as in the Defence Force Discipline Act 1982 .
"defence member" has the same meaning as in the Defence Force Discipline Act 1982 .
"Deputy Electoral Commissioner" means the Deputy Electoral Commissioner referred to in section 19.
"Division" means an Electoral Division for the election of a member of the House of Representatives.
"DRO" means Divisional Returning Officer.
"Elector" means any person whose name appears on a Roll as an elector.
"Electoral Commission" means the Australian Electoral Commission established by section 6.
"Electoral Commissioner" means the Electoral Commissioner referred to in section 18.
"electoral matter" means matter which is intended or likely to affect voting in an election.
"Eligible overseas elector" means an elector who is entitled under section 94 or 95 to be treated as an eligible overseas elector.
"facsimile" , in relation to a nomination paper, means:
(a) a copy of a nomination paper that has been reproduced by facsimile telegraphy or any other means; or
(b) a copy of a copy referred to in paragraph (a).
"General election" means a general election of the members of the House of Representatives.
"Hospital" includes a convalescent home or an institution similar to a hospital or to a convalescent home.
"House of Representatives election" means an election of a member of the House of Representatives.
"Immigration Department" means the Department administered by the Minister who administers the Migration Act 1958 .
"Issuing point" , in relation to a polling booth, means a place within the polling booth at which ballot-papers are issued to persons voting at the booth.
"Itinerant elector" means an elector who is entitled under section 96 to be treated as an itinerant elector.
"Justice of the Peace" means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State.
"next of kin" has a meaning affected by subsection (11).
"Northern Territory" includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
"nursing home" means an institution (other than a hospital) in which infirm, ill or disabled persons needing continuing nursing care are provided with accommodation and nursing care.
"officer" includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, an Antarctic Returning Officer, an Assistant Antarctic Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre-poll voting officer, an electoral visitor, a mobile polling team leader and a mobile polling team member.
(a) a body corporate;
(b) an association or other body of persons;
(c) an association that consists of 2 or more organizations within the meaning of the preceding paragraphs; and
(d) a part of an organization within the meaning of a preceding paragraph.
"Part" , in relation to an organization, includes:
(a) a branch or division of the organization; and
(b) a part of a part of the organization.
"police officer" means a member of the Australian Federal Police or of the police force of a State or Territory.
"Political party" means an organization the object or activity, or one of the objects or activities, of which is the promotion of the election to the Senate or to the House of Representatives of a candidate or candidates endorsed by it.
"Polling booth" means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, in pursuance of paragraph 203(1)(a), for the purpose of taking votes during polling.
"polling official" means a deputy presiding officer or an assistant presiding officer.
"Polling place" means a place appointed as a polling place in pursuance of section 80.
"pre-poll voting office" for an election means a place declared by the Electoral Commission under subsection 200BA(1) to be a pre-poll voting office for the election.
"pre-poll voting officer" means:
(a) an Assistant Divisional Returning Officer; or
(b) an officer appointed under section 200B.
(a) the Agency Head of an Agency (within the meaning of the Public Service Act 1999 ) that is specified in regulations made for the purposes of this definition; or
(b) the chief executive officer of an authority of the Commonwealth that is specified in regulations made for the purposes of this definition.
"provisionally enrolled" has the meaning given by subsection (1B).
"provisional vote" means a vote cast under section 235.
"real place of living" includes the place of living to which a person, when temporarily living elsewhere, has a fixed intention of returning for the purpose of continuing to live at that place.
"Registered medical practitioner" means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.
"Registered political party" means a political party that is registered under Part XI.
"Register of Political Parties" means the Register of Political Parties established under section 125.
"Registrar-General" means the Registrar-General or other Principal Officer of a State who is charged with the duty of registering deaths occurring and marriages celebrated in the State.
"Returning Officer" includes Divisional Returning Officer, Assistant Returning Officer and Assistant Divisional Returning Officer.
"Roll" means an Electoral Roll under this Act.
"Senate election" means an election of Senators for a State or Territory.
"sentence of imprisonment" has the meaning given subsection (1A).
"Special hospital" means a special hospital within the meaning of section 225.
"Subdivision" means a subdivision of a Division.
"substitute presiding officer" means a person holding an appointment under section 204.
"Territory" means the Australian Capital Territory or the Northern Territory.
"video recording" includes a video recording that is recorded on means other than a videotape.
(1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if:
(a) the person is in detention on a full‑time basis for an offence against a law of the Commonwealth or a State or Territory; and
(b) that detention is attributable to the sentence of imprisonment concerned.
(1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B.
(2) For the purposes of this Act, an organization shall be taken to endorse a candidate in an election if a part of the organization, or an organization of which the first‑mentioned organization is a part, endorses the candidate in that election.
(3) A reference in this Act to age 17 enrolment shall be read as a reference to enrolment in pursuance of section 100.
(4) Where a Division is not divided into Subdivisions, a reference in this Act to a Subdivision shall, in relation to that Division, be read as a reference to that Division.
(5) In this Act, unless the contrary intention appears:
(a) a reference to a Division shall be read as including a reference to the Northern Territory; and
(b) a reference to a Subdivision shall be read as including a reference to a District of that Territory specified in a notice published under subsection 79(1).
(5A) If Part IV commences to apply to the Northern Territory in accordance with section 55A, subsection (5) shall, on and from the day of the first determination in relation to the Northern Territory under section 73 or 76 after that commencement, have effect as if:
(a) paragraph (a) were omitted; and
(b) the words "of that Territory" were omitted from paragraph (b).
(6) This Act extends to:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
(7) In relation to a Senate election, a provision of this Act that:
(a) provides for the giving of a document to; or
(b) confers a power or function on;
the Australian Electoral Officer shall be taken to refer to the Australian Electoral Officer for the State or Territory in which the election is to be conducted.
(8) In relation to an election of a member of the House of Representatives for a Division, a provision of this Act that:
(a) provides for the giving of a document to; or
(b) confers a power or function on;
the Divisional Returning Officer shall be taken to refer to the Divisional Returning Officer for that Division.
(9) Without limiting the generality of the definition of electoral matter in subsection (1), matter shall be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on:
(a) the election;
(b) the Government, the Opposition, a previous Government or a previous Opposition;
(c) the Government or Opposition, or a previous Government or Opposition, of a State or Territory;
(d) a member or former member of the Parliament of the Commonwealth or a State or of the legislature of a Territory;
(e) a political party, a branch or division of a political party or a candidate or group of candidates in the election; or
(f) an issue submitted to, or otherwise before, the electors in connection with the election.
(10) In this Act, a reference to the principal office of the Electoral Commission in a place is a reference to the office for the time being declared by the Electoral Commissioner, by notice published in the Gazette , to be the principal office of the Commission in that place.
(11) In determining whether a person is next of kin of another person, the following persons are also to be taken into account:
(a) a de facto partner of the person;
(b) a child of the person, or someone of whom the person is a child, because of the definition of child in this section;
(c) anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account.
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