New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912

- As at 16 May 2008
- Act 41 of 1912

TABLE OF PROVISIONS

           Long Title

   PART 1 - NAME OF ACT AND INTERPRETATION

   1.      Name of Act
   2.      Repeal
   3.      Definitions

   PART 2 - DISTRIBUTION OF ELECTORATES

           3A-5. (Repealed)
   6.      Appointment of commissioners for redistribution of seats
   6A.     Commissioners may use services of officers of Public Service
   7.      Duration of office etc
   8.      Chairperson
   9.      Rules
   10.     Quorum-casting vote of chairperson
   11.     Disqualifications for appointment as commissioner
   12.     Appointments to fill vacancies
   13.     Redistribution of electoral districts by commissioners etc
   14.     Notice of proposed alteration of existing boundaries to be given
   14A.    Manner of identifying boundaries of electoral districts
   15.     Proclamation of names and maps of electoral districts
           16, 17. (Repealed)
   17A.    Criteria for distributions
   18.     (Repealed)
   19.     Application to commissioners of Royal Commissions Act 1923

   PART 3 - QUALIFICATION OF ELECTORS

   20.     Qualification of electors
   20A.    Enrolled electors leaving Australia
   20B.    Eligibility of spouse or child of eligible overseas elector
   20C.    Itinerant electors
   21.     Disqualifications from voting

   PART 3A - ELECTORAL ADMINISTRATION

           Division 1 - New South Wales Electoral Commission

   21A.    New South Wales Electoral Commission

           Division 2 - Electoral Commissioner

   21AA.   Electoral Commissioner
   21AB.   Tenure of office of Electoral Commissioner
   21AC.   Provisions applicable to Electoral Commissioner
   21AD.   Acting Electoral Commissioner

           Division 3 - Election officials for districts

   21AE.   Election officials
   21AF.   Acting returning officers
   21AG.   Functions of election officials
   21AH.   Returning officer not eligible to vote at Assembly election

           Division 4 - Election assistants for periodic Council elections

   21AI.   Appointment of assistants for Electoral Commissioner for periodic Council elections

           Division 5 - Postal voting officers

   21AJ.   Postal voting officers and deputy postal voting officers
   21AK.   Appointment of assistants for postal voting officer

           Division 6 - Miscellaneous

   21AL.   Definition of “appointed official”
   21AM.   Delegation
   21AN.   Appointed officials subject to control and direction
   21AO.   Declarations to be made by appointed officials
   21AP.   Remuneration of appointed officials
   21AQ.   Termination of appointment of appointed officials
   21AR.   Notification of appointments and termination of appointments of returning officers

   PART 3B - ARRANGEMENT WITH THE COMMONWEALTH AS TO ROLLS

   21BAA.  Definition
   21B.    Arrangement with Commonwealth as to rolls
   21C.    Rolls
   21D.    Failure of registrar or Commonwealth divisional returning officer to prepare, alter or revise joint rolls for State elections

   PART 4 - OFFICERS AND ENROLMENT

           Division 1 - Districts and subdivisions

   22.     (Repealed)
   23.     Power of Governor as to subdivision of districts
   24.     Changes to be made in rolls on subdivision of districts or alteration of boundaries

           Division 2 - Officers

   25.     Appointment of officers

           Division 3 - Rolls

   26.     Rolls for districts and subdivisions
   27.     New rolls
   28.     Alterations which may be made in new roll by registrar
   29.     Printing of rolls
   30.     (Repealed)
   31.     Persons who are to furnish information

           Division 3A - Inspection of rolls and provision of enrolment information

   31A.    Electoral Commissioner to determine manner and form of access to rolls and enrolment information
   31B.    Public inspection of rolls
   31C.    Provision of enrolment information to parties, members and candidates
   31D.    Provision of enrolment information to others
   31E.    Use of enrolment information
   31F.    Prohibition of disclosure or commercial use of enrolment information
   31G.    On-line access by an individual to information about the individual
   31H.    Division does not affect arrangements with Commonwealth

           Division 4 - Enrolment

   32.     Addition of names to rolls
   33.     Claims for enrolment or transfer of enrolment
   33A.    Claims for provisional enrolment
   34.     Compulsory enrolment and transfer
   35.     Registration of claims
           36, 37. (Repealed)
   38.     Penalty on officer neglecting to enrol claimants
   38A.    Request for residence not to be shown on roll
   39.     Alteration of rolls
   39A.    Incorrect enrolment
   40.     Alterations to be initialled
   41.     Information as to deaths and convictions
   41A.    Computer records relating to roll

           Division 5 - Objections

   42.     Name on roll may be objected to
   43.     Objection
   44.     Duty to object
   45.     Notice of objection
   46.     Answer to objection
   47.     Determination of objection
   47A.    Assistant divisional returning officers

           Division 6 - Appeals

   48.     Appeal to Local Court
   49.     Power of Local Court to hear and determine appeals etc

           Division 7 - Copy of roll for election

   50.     Roll for purposes of election

           Division 8 - Miscellaneous

   51.     Witness to application must be satisfied of truth of statements
   52.     Failure to transmit claim
           52A, 52B. (Repealed)
   53.     Electoral papers may be sent by post
   54.     Correction of errors
           55-66. (Repealed)

   PART 4A - REGISTRATION OF PARTIES

   66A.    Definitions and related provisions
   66B.    Registration of parties
   66C.    Register of Parties
   66D.    Application for registration
   66DA.   Notice of application for registration
   66E.    Registration
   66F.    Party not to be registered during election
   66FA.   Entitlements resulting from party registration not available until first anniversary of registration
   66G.    Refusal to register
   66H.    Amendment of Register
   66HA.   Annual returns and other inquiries with respect to continued registration or applications for registration
   66I.    Cancellation of registration
   66J.    Public access to registers
   66JA.   Distribution of information to electors about registered parties
   66K.    Statutory declarations
   66L.    False statements
   66M.    Evidence
   66N.    Transitional and other arrangements
   67.     (Repealed)

   PART 5 - CONDUCT OF ELECTIONS

           Division 1 - Application of Part

   67A.    Application of Part

           Division 1A - Writs for Assembly elections

   68.     Within what time writs for general elections to be issued and made returnable
   69.     Meeting of Assembly after return of writs
   69A.    Governor to issue writ for vacancy occurring before Assembly meets after general election
   70.     Speaker to issue writs to fill vacancies
   71.     If no Speaker, Governor to issue writ
   72.     Writs directed to Electoral Commissioner
   73.     (Repealed)
   74.     Duties of Electoral Commissioner on receipt of writ

           Division 1B - Writs for periodic Council elections

   74A.    Writs for periodic Council elections
   74B.    Meeting of Council after return of writs
   74C.    Writ directed to Electoral Commissioner
   74D.    Duties of Electoral Commissioner on receipt of writ

           Division 2 - General conduct of Assembly and Council elections

   75.     General conduct of Assembly elections
   75A.    (Repealed)
   76.     General conduct of Council elections
           77, 78. (Repealed)
           Divisions 2A, 3 - (Repealed)
           None

           Division 4 - Nominations for the Assembly

   79.     Nomination of Assembly candidates
   79A.    Withdrawal of nomination for Assembly election
   80.     Proceedings on nomination day if one candidate only
   81.     When poll to be taken
   81A.    Death of candidate

           Division 5 - Nominations for the Council

   81B.    Nomination of Council candidates
   81C.    Grouping of candidates
   81D.    Dual nominations
   81E.    Member of Commonwealth Parliament ineligible for Council
   81F.    Deposit for periodic Council election
   81G.    Withdrawal of nomination for a periodic Council election
   81H.    Proceedings after close of nominations
   81I.    (Repealed)

           Division 5A - Child sexual offences etc disclosures by candidates for the Assembly or Council

   81J.    Application of Division
   81K.    Definitions
   81L.    Child-related conduct declarations
   81M.    Duties of Electoral Commissioner with respect to child-related conduct declarations
   81N.    Duties of CYP Commission with respect to child-related conduct declarations
   81NA.   Duty of persons to assist the CYP Commission
   81O.    Unauthorised disclosure or dishonest disclosure of information
   81P.    Reports presented to Presiding Officer of House of Parliament

           Division 6 - Ballot papers for Assembly elections

   82.     Ballot papers to be provided
   82A.    Returning officer to determine order in which candidates’ names are to be entered on ballot paper
   83.     Printing of ballot papers

           Division 6A - Ballot papers for periodic Council elections

   83A.    Ballot papers to be provided
   83B.    Printing of ballot papers
   83C.    (Repealed)

           Division 6B - Party endorsement on ballot papers

   83D.    Notification of party endorsement
   83E.    Notification of independent candidacy
   83F.    Verification of party endorsement
   83G.    Combination of requests
   83H.    Printing of party name etc on ballot papers
   83I.    Form of party name on ballot papers

           Division 7 - Polling places

   84.     Polling places
   85.     Booths to be erected or rooms hired
   86.     Booths-arrangements, ballot boxes etc
   86A.    (Repealed)
   87.     Polling place-arrangements
   87A.    Mobile booths in hospitals etc
   88.     (Repealed)
   89.     Polling place managers to be furnished with copies of rolls and ballot papers
   90.     Scrutineers
   91.     (Repealed)

           Division 8 - General provisions for the regulation of voting

   92.     Exercise of functions of election officials under this Division by election assistants
   93.     Who may be present at polling place
   94.     Ballot box to be exhibited before taking of poll
   95.     Hours of polling
   96.     Permission to be granted to employees to go to polling place
   97.     Where electors may vote
   98.     Appointment of polling places outside electoral district
   99.     Questions to be put to voter
   99A.    Person whose residence is not on the roll
   100.    Questions to be put if voter challenged
   101.    Errors not to forfeit vote
   101A.   (Repealed)
   102.    Ballot papers to be initialled
   103.    Vote, how given
   103A.   Vote of person whose residence is not shown on the roll
   104.    Spoilt ballot papers
   105.    (Repealed)
   106.    Disputed vote
   107.    (Repealed)
   108.    Assistance to certain electors
   108A.   Instructions
   109.    Provision when poll falls on Saturday
   110.    When votes to be rejected
   111.    Ballot papers not to be removed from polling booth etc
   112.    False answer to questions etc or double voting
   113.    Penalty for obstructing elector from access to polling place
   114.    Maintenance of order

           Division 9 - Voting by post

   114A.   Application for a postal vote certificate and postal ballot paper
   114AA.  Registration of general postal voters
   114AB.  Dispatch of ballot papers to registered general postal voters
   114B.   Authorised witnesses
   114C.   Duty of witnesses
   114D.   Issue of certificate and ballot paper
   114E.   Inspection of applications
   114F.   Postal ballot papers to be initialled
   114G.   Returning officer to notify issue of postal vote certificates and postal ballot papers
   114GA.  Person claiming to vote, whose name is noted under section 114G
   114H.   Directions for postal voting
   114I.   Duty of authorised witness
   114J.   Penalty for unlawfully marking etc ballot paper
   114K.   Duty of persons present when an elector votes by post
   114L.   Preliminary scrutiny of postal ballot papers
   114M.   Postal and absent voters’ ballot papers not to be informal because of certain omissions or mistakes
   114N.   Spoilt postal ballot paper
   114NA.  Application of this Division
   114O.   Assistance for returning officer

           Division 10 - Pre-poll voting (electoral offices and appointed places)

   114P.   Application for permission to vote before polling day
   114Q.   Procedure for voting before polling day
   114QA.  Ballot papers etc forwarded to district for which elector enrolled
   114R.   (Repealed)
   114S.   Returning officer to notify polling place managers that elector has voted before polling day
   114T.   Assistance to certain electors
   114U.   Scrutineers
   114V.   Penalty for unlawfully marking ballot paper
   114W.   Duty of persons present when elector votes under section 114Q
   114X.   Preliminary scrutiny of ballot papers of electors under section 114Q
   114Y.   Spoilt ballot papers
   114Z.   Assistance for pre-poll voting officer

           Division 11 - Voting by post (interstate and overseas)

   114ZA.  Application for a postal vote certificate and postal ballot paper
   114ZB.  Procedure for polling before polling day
   114ZC.  Postal ballot papers to be initialled
   114ZD.  Directions for postal voting
   114ZE.  Applications etc to be sent to Electoral Commissioner and returning officer
   114ZF.  Returning officer to note issue of ballot papers etc
   114ZG.  Scrutiny of postal ballot papers
   114ZH.  Postal ballot paper not to be informal because of certain omissions or mistakes
   114ZI.  Spoilt postal ballot paper
   114ZJ.  Applications to be available for public inspection
   114ZK.  Assistance for postal voting officer
   114ZL.  Application of this Division

           Division 11A - Pre-poll voting (declared institutions)

   114ZM.  Definition
   114ZN.  Declared institutions
   114ZO.  Taking of poll at declared institutions
   114ZP.  Entitlement to vote at declared institution
   114ZQ.  Duty to deliver request to vote
   114ZR.  Procedure for voting at declared institutions
   114ZS.  Assistance to certain electors
   114ZT.  Scrutineers
   114ZU.  Penalty for unlawfully marking ballot paper etc
   114ZV.  Duty of persons present when elector votes under this Division
   114ZW.  Preliminary scrutiny of ballot papers of certain electors under this Division
   114ZX.  Spoilt ballot papers
   114ZY.  Assistance for pre-poll voting officer

           Division 12 - Absent voters

   115.    Voting outside subdivision
   116.    Forwarding of absent voters’ ballot papers
   117.    Returning officer satisfied to accept ballot paper for further scrutiny
   118.    Further scrutiny
   119.    Decision of returning officer re validity of ballot paper
   120.    Exercise of functions of election officials under this Division by election assistants

           Division 13 - Compulsory voting

   120A.   (Repealed)
   120B.   Electoral Commissioner to prepare list of electors failing to vote
   120C.   Penalty notices for certain offences
   120D.   Notation on list of non-voters of response to penalty notice
   120E.   List to be evidence
   120F.   Offences relating to failure to vote
   120G.   Opening sealed parcels containing rolls and list used at election
   120H.   (Repealed)

           Division 13A - Concurrent Assembly and periodic Council elections

   120I.   Issue of writs and nomination day for concurrent Assembly and periodic Council elections
   120J.   Additional provisions applicable where polling day for Assembly and periodic Council elections is same day

           Division 14 - Proceedings after close of poll at Assembly elections

   120K.   Application of Division
   121.    How and when number of votes to be ascertained
   122.    Informal ballot papers
   122A.   Ballot papers not to be informal in certain circumstances
   123.    Sealing and transmission by polling place managers of separate parcels of ballot papers etc
   124.    Account of ballot papers and verification thereof and of list of votes
   125.    Returning officers’ parcels
   125A.   Parcels of postal, pre-poll or absent ballot papers etc
   126.    Declaration of poll
   126A.   Scrutiny for statistical information
   127.    Separate parcels to be enclosed in packets, sealed etc
   128.    Ballot papers, copies of rolls and books to be evidence
   129.    Penalty for breaking seal of or opening parcel or packet

           Division 14A - Proceedings after close of poll at periodic Council elections

   129A.   Application of Division
   129B.   Counting of votes
   129C.   Sealing and transmission of separate parcels of ballot papers etc
   129D.   Returning officers’ parcels
   129E.   Lists and accounts of ballot papers
   129EA.  Formal votes where vote recorded in group voting square
   129EB.  Special provision where minimum size of group reduced by death of candidate etc
   129F.   Informal ballot papers
   129G.   Declaration of poll
   129H.   Retention and destruction of parcels
   129I.   Ballot papers, copies of rolls and books to be evidence
   129J.   Penalty for breaking seal of or opening packet or parcel

           Division 15 - Adjournment of poll

   130.    When polling may be adjourned etc
   131.    Notice of adjournment to be given
   131A.   Votes at adjourned poll
   132.    Limits of adjournments

           Division 16 - General provisions

   133.    Election not to be questioned for want of or defect of title of officers
   134.    Election not to be questioned for omission etc of a formal nature
   135.    Violation of secrecy by officers
   135A.   Electoral official to vacate office upon becoming a candidate
   136.    Penalty for neglect etc by electoral officials
   137.    Appointment of and declaration by scrutineers
           138-146. (Repealed)

           Division 17 - Bribery, treating, intimidation etc

   147.    Bribery etc
   148.    Extended meaning of terms “candidate” and “election”
   149.    Electoral treating
   150.    Penalty for electoral treating
   151.    Intimidation
   151A.   Printing etc false information
   151B.   Exhibition of posters
   151C.   (Repealed)
   151D.   Removal and confiscation of posters
   151E.   Name and address of author and printer to be printed on advertisements etc
   151F.   Distribution of electoral material on polling day
   151G.   Registration of electoral material
   151GA.  Registration of electoral matter involving joint tickets
   151H.   Prohibition of canvassing near polling places
   151I.   Confiscation of electoral material
   151J.   Application of provisions to grounds of polling place
   152.    Persons incurring electoral expense without authority
   153.    (Repealed)
   154.    Wagers etc on result of elections prohibited

           Division 18 - Special provisions relating to the polling in Antarctica

   154AA.  Definitions
   154AB.  Antarctic Returning Officers and Assistant Returning Officers
   154AC.  Application of this Part to polling in Antarctica
   154AD.  Antarctic electors
   154AE.  Arrangements for polling in Antarctica
   154AF.  Ballot papers to be initialled
   154AG.  Candidates not to take part in polling
   154AH.  The polling in Antarctica
   154AI.  Entitlement of Antarctic electors to vote
   154AJ.  Questions to be put to voter
   154AK.  Right of Antarctic elector to receive ballot paper
   154AL.  List of Antarctic electors to be marked
   154AM.  Application of sections 103 (1) and 108
   154AN.  Proceedings by Antarctic Returning Officer on close of poll
   154AO.  Result of the polling in Antarctica
   154AP.  Preservation of ballot papers etc
   154AQ.  Appointment of assistants for Antarctic Returning Officer

   PART 6 - COURT OF DISPUTED RETURNS

           Division 1 - Disputed elections and returns

   154A.   Application of Division
   155.    Method of disputing elections or returns
   156.    The Court of Disputed Returns
   157.    Requisites of petition
   158.    Deposits as security for costs
   159.    No proceedings unless requisites complied with
   160.    Right of Electoral Commissioner to be represented
   161.    Powers of Court
   162.    (Repealed)
   163.    Inquiries by Court
   164.    Voiding election for illegal practices
   165.    Court to report cases of illegal practices
   166.    Real justice to be observed
   167.    Immaterial errors not to vitiate election
   168.    Evidence that person not permitted to vote
   169.    Decisions to be final
   170.    Copies of petition and order of court to be sent to Clerk of Assembly
   171.    Australian legal practitioner
   172.    Costs
   173.    Deposits applicable for costs
   174.    Other costs
   175.    Effect of decisions
   175A.   Power to make Rules of Court
   175AA.  Regulations re court fees

           Division 2 - Qualifications and vacancies

   175B.   Reference of question as to qualification or vacancy
   175C.   President or Speaker to state case
   175D.   Parties to the reference
   175E.   Powers of Court
   175F.   Order to be sent to House affected
   175G.   Application of certain sections

           Division 3 - Application of Division 2 to Council

   175H.   Application of Division 2 to Legislative Council

           Division 4 - Casual vacancies in Council

   175I.   Application of Division
   175J.   Application of certain sections

   PART 7 - MISCELLANEOUS PROVISIONS, PENALTIES ETC

   176.    Regulations
   176A.   Destruction of ballot papers and other documents
   176B.   Disorderly conduct at public political meetings
   176C.   Signature to electoral paper
   176D.   Untrue statements in forms
   176E.   Witnessing electoral papers
   176F.   Forging or uttering electoral papers
   177.    Offence of stuffing ballot box
   178.    Penalty on police officers influencing voters etc
   179.    Payment of expenses
   180.    Summary penalties for neglect
   181.    Penalty for disobedience
   182.    Rolls-business hours for registrars and correction of errors etc
   183.    Proceedings for offences
   184.    Limitation of time etc for recovery of penalties etc
   185.    Appropriations of fees and penalties
   186.    Provision as to Sunday, Good Friday and Christmas Day
   186A.   Savings, transitional and other provisions

   PART 8 - (Repealed)
   None
           SCHEDULE 1
           Schedule 3 (Repealed)
           SCHEDULE 4
           SCHEDULE 4A
           Schedule 18 (Repealed)
           SCHEDULE 19
           Schedule 21 (Repealed)
           SCHEDULE 22