ELECTORAL ACT 2017 - As at 21 March 2024 - Act 66 of 2017

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions
• 5 Determination of a person's residence
• 6 Circumstances in which elector deemed to be "unable to attend at a voting centre on election day"
• 7 Notes

PART 2 - ELECTORAL ADMINISTRATION

Division 1 - New South Wales Electoral Commission

• 8 Constitution of Electoral Commission
• 9 Members of Electoral Commission
• 10 Functions of Electoral Commission

Division 2 - Electoral Commissioner

• 11 Electoral Commissioner
• 12 Functions of Electoral Commissioner
• 13 Conducting elections for other organisations
• 14 Electoral Commissioner not required to vote

Division 3 - Staff of Electoral Commission and delegations

• 15 Staff of Electoral Commission
• 16 Delegation

PART 3 - REDISTRIBUTION OF ELECTORAL DISTRICTS

Division 1 - Electoral Districts Redistribution Panel

• 17 Establishment of Electoral Districts Redistribution Panel
• 18 Provisions relating to Redistribution Panel
• 19 Application of Royal Commissions Act 1923 to Redistribution Panel

Division 2 - Redistribution of electoral districts

• 20 Governor to advise Redistribution Panel that redistribution is required
• 21 Criteria for distributions
• 22 Public notice of redistribution
• 23 Preparation of draft redistribution determination
• 24 Manner of identifying boundaries of electoral districts
• 25 Public notice of draft redistribution determination
• 26 Public hearing
• 27 Revised redistribution determination
• 28 Final determination of redistribution to be given to Governor
• 29 Proclamation by Governor of names and maps of electoral districts

PART 4 - ENTITLEMENT TO ENROL AND VOTE

• 30 Entitlement to enrol
• 31 Entitlement to vote

PART 5 - ENROLMENT PROCEDURES AND INFORMATION

Division 1 - Enrolment

• 32 Compulsory enrolment: obligation to enrol and keep enrolment details updated
• 33 Means of enrolment
• 34 Enrolment by Electoral Commissioner on Electoral Commissioner's initiative
• 35 Enrolment by Electoral Commissioner in response to application
• 36 Silent electors: request for address to be omitted from authorised rolls or any other list of electors
• 37 Registered early voters

Division 2 - Complaints regarding enrolment

• 38 Complaints to be made to Electoral Commissioner
• 39 Electoral Commissioner to investigate and deal with complaints

Division 3 - Civil and Administrative Tribunal review of decisions regarding enrolment

• 40 Review by Civil and Administrative Tribunal

Division 4 - Electoral Information Register

• 41 Register of information relating to electors
• 42 Maintenance of Electoral Information Register
• 43 Electoral Information Register not available for public inspection

Division 5 - Collection of electoral information

• 44 Collection and maintenance of electoral information
• 45 Persons who are to provide information

Division 6 - Authorised rolls

• 46 Authorised roll of electors to be prepared for each election
• 47 Public inspection of authorised roll during election period

Division 7 - Inspection of authorised rolls and lists of enrolled persons and provision of enrolment information

• 48 Electoral Commissioner to determine manner and form of access to list of electors and enrolment information
• 49 Provision of enrolment information to parties, members and candidates
• 50 Provision of enrolment information to other persons
• 51 Use of enrolment information
• 52 Prohibition of disclosure or commercial use of enrolment information
• 53 Access by an individual to information about the individual
• 54 Division does not affect arrangements with Commonwealth

Division 8 - Miscellaneous

• 55 Privacy--non-disclosure of information
• 56 Arrangement with Commonwealth

PART 6 - REGISTRATION OF POLITICAL PARTIES

• 57 Interpretation
• 58 Register of Parties
• 59 Application for registration
• 60 Notice of application for registration
• 61 Registration
• 62 Party not to be registered during election
• 63 Entitlements resulting from party registration not available until 12 months after registration
• 64 Refusal to register
• 65 Electoral Commissioner may request statement of current structure be provided
• 66 Amendment of Register
• 67 Annual returns and other inquiries with respect to continued registration or applications for registration
• 68 Cancellation of registration
• 69 Form of Register
• 70 Public access to Register
• 71 Statutory declarations
• 72 False statements
• 73 Evidence

PART 7 - CONDUCT OF PARLIAMENTARY ELECTIONS

Division 1 - Writs for elections

• 74 Date of issue of general election writs
• 75 Content of writs
• 76 Issue of writs in special circumstances
• 77 Duties of Electoral Commissioner on receipt of writ
• 78 Meeting of Assembly and Council after return of writs
• 79 Issue of writ to be delayed where member seeks election to Commonwealth Parliament

Division 2 - Election administration

• 80 General conduct of Assembly and Council elections
• 81 Election officials, election managers and voting centre managers
• 82 Person ceases to be election official on becoming a candidate

Division 3 - Nominations

• 83 Requirements for nomination
• 84 Method of nomination
• 85 Nomination must be accompanied by child protection declaration
• 86 Grouping of periodic Council election candidates
• 87 If group falls below 15 members
• 88 Nomination deposit
• 89 Withdrawal of nomination
• 90 Dual nominations
• 91 Member of Commonwealth Parliament ineligible for Assembly or Council
• 92 Proceedings after nomination day--no election is required
• 93 Proceedings after nomination day--election is required

Division 4 - Child protection declarations by candidates

• 94 Definitions
• 95 Child protection declarations
• 96 Duties of Electoral Commissioner with respect to child protection declarations
• 97 Duties of Children's Guardian with respect to child protection declaration
• 98 Duty of persons to assist the Children's Guardian
• 99 Reports presented to Presiding Officer of House of Parliament

Division 5 - Ballot papers

• 100 Ballot papers to be prepared and printed by Electoral Commissioner
• 101 Assembly election ballot papers
• 102 Periodic Council election ballot papers
• 103 Ballot papers may be photocopied, written or otherwise reproduced
Subdivision 2 - Party or independent identification on ballot papers
• 104 Notification of party nomination
• 105 Notification of independent candidacy
• 106 Printing of party name etc on ballot papers
• 107 Form of party name on ballot papers

Division 6 - Voting centres

• 108 Appointment of voting centres
• 109 Hours of operation of voting centres
• 110 Voting centres at licensed premises
• 111 Use of prescribed premises as voting centres
• 112 Voting centre managers to be provided materials and equipment
Subdivision 2 - Special provisions for early voting centres
• 113 Voting before election day
• 114 Hours of operation of early voting centres
• 115 Security of early voting ballot boxes
• 116 Electoral Commissioner may determine that enrolment voting provisions do not apply at early voting centres outside New South Wales
Subdivision 3 - Special provisions for mobile voting centres
• 117 Declared facility
• 118 Procedure for voting in mobile voting centres

Division 7 - Scrutineers

• 119 Appointment of scrutineers
• 120 Entitlements of scrutineers to be present during voting and counting
• 121 Offences relating to scrutineers

Division 8 - Ordinary voting at district voting centres

• 122 Application of Division
• 123 Who may be present at voting centre
• 124 Ballot box to be exhibited before voting commences
• 125 Permission to be granted to employees to go to voting centre
• 126 Where elector may vote
• 127 Questions to be put to voter
• 128 Questions to be put if voter challenged
• 129 Silent electors
• 130 Errors not to forfeit vote
• 131 Elector to receive ballot paper
• 132 Method of recording votes
• 133 Spoilt ballot papers
• 134 Assistance to certain electors

Division 9 - Declaration voting at voting centres

• 135 Absent voters
• 136 Absent silent electors
• 137 Provisional voting
Subdivision 2 - Procedures relating to declaration voting
• 138 Manner and form of declaration
• 139 Applications for enrolment to be forwarded to Electoral Commissioner
• 140 Casting a declaration vote
• 141 Forwarding of declaration envelopes to Electoral Commissioner
Subdivision 3 - Preliminary scrutiny of declaration votes
• 142 Acceptance of ballot paper for further scrutiny

Division 10 - Postal voting

• 143 Application for a postal vote
• 144 Issue of ballot papers to registered early voters
• 145 Issue of ballot papers to postal vote applicants
• 146 Retention of applications
• 147 Postal ballot papers to be initialled
• 148 Directions for postal voting
• 149 Preliminary scrutiny of postal ballot papers
• 149A Saving of certain postal ballot papers
• 150 Spoilt postal ballot paper

Division 11 - Technology assisted voting

• 151 Definitions
• 152 Meaning of "eligible elector"
• 153 Application to vote by means of technology assisted voting
• 154 Electoral Commissioner to determine applications
• 155 Electoral Commissioner to approve procedures for technology assisted voting
• 156 Independent auditing of technology assisted voting
• 157 Independent monitoring of technology assisted voting
• 158 Scrutineers
• 159 Secrecy relating to technology assisted voting
• 160 Protection of computer hardware and software
• 161 Regulations relating to technology assisted voting
• 162 Electoral Commissioner may determine that technology assisted voting is not to be used

Division 12 - Determination of election results

• 163 Appointment of ballot counting place
• 164 Counting of votes
• 165 Informal ballot papers
• 166 Decision of Electoral Commissioner re validity of ballot paper
• 167 Periodic Council elections--votes recorded in group voting squares
• 168 Periodic Council elections--special provision where minimum size of group reduced by death of candidate etc
• 169 Security of packages of ballot papers etc
• 170 Packages of declaration votes, ballot papers etc
• 171 Ascertaining result of election by Electoral Commissioner
• 172 Recount
• 173 Declaration of election result
• 174 Scrutiny for statistical information
• 175 Security of election materials and electronic resources

Division 13 - Adjournment of voting

• 176 Adjournment of voting
• 177 Temporary suspension of voting

Division 14 - Provisions relating to activities during regulated periods

• 178 Application of provisions to grounds of voting centre enclosure
• 179 Certain lessees of premises taken to be owners
Subdivision 2 - Non-complying electoral material
• 180 Non-complying electoral material
• 181 Non-complying electoral material--additional provisions regarding how-to-vote cards
• 182 Electoral matter involving joint voting directions
Subdivision 3 - Offences applicable during regulated period
• 183 Printing, publishing and distributing non-complying electoral material
• 184 Display of posters
• 185 Writing, drawing or depicting electoral matter
• 186 Name and address on electoral material
• 187 Authorisation of advertisements on electronic billboards, digital road signs etc to be displayed
• 187A Authorisation of automated telephone calls
• 188 Publication of paid electoral advertisements on the internet
• 189 Encouraging ticks or crosses on ballot papers
• 190 Defences and exceptions
Subdivision 4 - Additional offences applicable on early voting days
• 191 Display of posters on early voting days at early voting centres
• 192 Canvassing on early voting days at early voting centres
• 193 Interference with posters
Subdivision 5 - Additional offences applicable on election days
• 194 Extended operation of this Subdivision
• 195 Distribution of electoral material on election days
• 196 Display of posters on election days
• 197 Interference with posters
• 198 Canvassing on election days
Subdivision 6 - Registration of electoral material
• 199 Application for registration of electoral material
• 200 Consideration of application for registration
• 201 Registration of electoral material
• 202 Revocation of registration or imposition of condition on registration
Subdivision 7 - Miscellaneous
• 203 Maintenance of order at and near voting centres
• 204 Removal and confiscation of posters and other electoral material
• 205 Official notices
• 206 Double jeopardy
• 206A Voting centre managers and election officials to consider guidelines before enforcing "6-metre" rules

Division 15 - Offences

• 207 Offence of failing to vote
• 208 Obstructing access to voting centre
• 209 Electoral bribery, treating and selling of votes
• 210 Interference with right to vote
• 211 Ballot papers not to be removed from voting centre etc
• 212 Impersonation and multiple voting
• 213 Disorderly conduct at public political meetings
• 214 Opening sealed packages
• 215 Display, publish or distribute material falsely appearing to be made by Electoral Commission
• 216 False or misleading declaration and statements
• 217 Improperly signing or witnessing electoral papers
• 218 Forging or uttering electoral papers
• 219 Offence of stuffing ballot box

Division 16 - Miscellaneous provisions relating to elections

• 220 Death of candidate during election period
• 221 Election not to be questioned for omission etc of a formal nature
• 222 Election information
• 223 Signatures and marks on electoral papers and ballot papers

PART 8 - COURT OF DISPUTED RETURNS

Division 1 - Constitution and powers

• 224 Court of Disputed Returns
• 225 Powers of Court
• 226 Court to sit as open court
• 227 Real justice to be observed
• 228 Decisions to be final
• 229 Effect of decisions
• 230 Power to make Rules of Court
• 231 Regulations regarding court fees

Division 2 - Disputed elections and returns

• 232 Application of Division
• 233 Method of disputing elections or returns
• 234 Requirements of petition
• 235 Right of Electoral Commissioner to be represented
• 236 Inquiries by Court
• 237 Voiding election for illegal practices
• 238 Court to report cases of illegal practices
• 239 Immaterial errors not to void election
• 240 Evidence that person not permitted to vote
• 241 Copies of petition and order of court to be sent to Clerk of Assembly or Council
• 242 Australian legal practitioner
• 243 Costs
• 244 Deposits applicable for costs
• 245 Other costs

Division 3 - Qualifications and vacancies

• 246 Reference of question as to qualification or vacancy
• 247 Speaker or President to state case
• 248 Parties to the reference
• 249 Powers of Court
• 250 Order to be sent to House affected
• 251 Application of certain sections

Division 4 - Disputed election to fill casual vacancies in Legislative Council

• 252 Application of Division
• 253 Application of Divisions 1 and 2 to elections to fill casual vacancies in Legislative Council

PART 9 - ENFORCEMENT

Division 1 - General

• 254 Proceedings for offences
• 255 Proof of certain matters not required
• 256 Certificate evidence relating to enrolment
• 257 Prosecution of parties that are unincorporated associations
• 258 Enforcement powers of Electoral Commission

Division 2 - Penalty notices

• 259 Penalty notices for offence of failing to vote
• 260 Notation on list of non-voters of response to penalty notice
• 261 List to be evidence
• 262 Opening sealed packages containing rolls used at election
Subdivision 2 - Penalty notice for other offences
• 263 Penalty notices

PART 10 - MISCELLANEOUS

Division 1 - Matters relating to conduct of elections

• 264 Destruction of ballot papers and other documents
• 265 Payment of expenses
• 266 Provision as to Sunday and public holidays

Division 2 - General

• 267 Regulations
• 268 Disclosure of information
• 269 Status of approvals
• 270 Publication of approvals
• 271 Review of general elections and by-elections

Division 3 - (Repealed)

• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5
• SCHEDULE 6
• SCHEDULE 7
• SCHEDULE 8