New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"Abbreviation", in relation to the name of a party, includes an alternative name of the party.
"Antarctic elector" means an elector who is on the polling day for an election:

(a) in the Australian Antarctic Territory, including Macquarie Island and the Territory of Heard Island and McDonald Islands, or

(b) on a ship in transit to or from a place mentioned in paragraph (a) that has been declared by the Electoral Commissioner to be an Antarctic ship.

"Approved form" means a form approved by the Electoral Commissioner for the purposes of the provision in which the expression occurs.
"Assembly" means the Legislative Assembly of New South Wales.
"Assembly general election" means an election held for the return of members of the Assembly pursuant to writs issued by the Governor upon the dissolution or expiry of the Assembly.
"Australian medical practitioner" means a person registered as a medical practitioner under a law of this or another State or Territory.
"Authorised agent" includes any person holding the written authority of any candidate to act on the candidate’s behalf for the election then pending.
"Authorised copy of a roll", in relation to an election, means an authorised copy of a roll referred to in section 89 (3).
"Authorised witness" means a person who is an authorised witness for the purposes of this Act by virtue of section 114B.
"By-election" means an election held for the return of a member of the Assembly pursuant to a writ other than a writ issued in respect of an Assembly general election.
"Commission" means the New South Wales Electoral Commission constituted by section 21A.
"Commonwealth Act" means the Commonwealth Electoral Act 1918 of the Commonwealth.
"Commonwealth subdivision" means a subdivision of an electoral division for the election of a member of the House of Representatives pursuant to the Commonwealth Act.
"Council" means the Legislative Council of New South Wales.
"Driver licence" means a driver licence issued under the Road Transport (Driver Licensing) Act 1998 .
"Election assistant" means a person appointed as an election assistant under section 21AE.
"Election official" means:

(a) a returning officer or acting returning officer, or

(b) a polling place manager, or

(c) an election assistant.

"Elector" means any person whose name appears on a roll.
"Electoral Commissioner" means the Electoral Commissioner appointed under section 21AA.
"Electoral paper" includes any electoral claim, any approved form and any prescribed form.
"Election" means an election of any member or members of the Assembly or a periodic Council election.
"Electoral district" or "district" means a district for the election of a member to serve in the Assembly.
"Eligible overseas elector" means an elector under this Act who is also enrolled under section 94, 94A or 95 of the Commonwealth Act.
"Endorsed" means endorsed, selected or otherwise accredited to stand as a representative of a party.
"Enrolled" means named on the electoral roll in force and applicable for the time being.
"Exercise" a function includes perform a duty.
"Function" includes a power, authority or duty.
"General postal voter" means an elector who:

(a) has been granted general postal voter status under section 114AA, or

(b) is taken to be a general postal voter under that section.

"Group" means a group constituted in accordance with clause 3 of the Sixth Schedule to the Constitution Act 1902 .
"Group voting square" means a square printed on a ballot paper for a periodic Council election above the names of the candidates included in a group who have duly requested under section 81C (1A) a group voting square for the purposes of the election.
"Hospital" includes a convalescent home and an institution similar to a hospital or convalescent home.
"Interstate or overseas pre-poll voting officer" means a person appointed as an interstate or overseas pre-poll voting officer under Division 5 of Part 3A.
"Itinerant elector" means an elector under this Act who is also enrolled under section 96 of the Commonwealth Act.
"Member" means member of the Assembly or member of the Council.
"Member of the staff of the Commission" means a member of the staff of the Office of the New South Wales Electoral Commission employed under the Public Sector Employment and Management Act 2002 .
"Office" of the Commission means the only or the principal office of the Commission.
"Party" means a body or organisation, incorporated or unincorporated, having as one of its objects or activities the promotion of the election to the Assembly or the Council of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part.
"Periodic Council election" has the meaning ascribed thereto by section 3 of the Constitution Act 1902 .
"Photo Card" means a New South Wales Photo Card issued by Roads and Maritime Services under the Photo Card Act 2005 .
"Polling place" means a place appointed by the Electoral Commissioner under section 84 to be a polling place for the purpose of taking the poll at an election.
"Polling place manager" means a person appointed as a polling place manager under section 21AE.
"Pre-poll voting officer" means:

(a) in relation to a pre-poll voting place within a district:

(i) the returning officer for the district, or

(ii) an election official assigned by the returning officer for the district to conduct pre-poll voting, and

(b) in relation to a pre-poll voting place not within a district-an interstate or overseas pre-poll voting officer.

"Pre-poll voting place" means a place referred to in section 114P (2) (d).
"Prescribed" means prescribed by this Act, or by any Schedule thereto, or by any regulation made thereunder.
"President" means the President of the Council.
"Proclaimed" means published by proclamation.
"Proclamation" means proclamation by the Governor in the Gazette.
"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 officer" of a registered party means the person shown in the Register of Parties under Part 4A as the registered officer of the party, and (except in Part 4A) includes a person shown in that Register as a deputy registered officer of the party.
"Registered party" means a party registered in accordance with Part 4A.
"Regulations" means regulations made under this Act.
"Returning officer" includes any person lawfully authorised to act for a returning officer, or to act in the place of a returning officer.
"Roll" means a roll of electors entitled to vote at elections under this Act.
"Silent elector" means an elector whose address is not recorded on a roll by operation of section 31.
"Speaker" means the Speaker of the Assembly.
"Territory" means the Australian Capital Territory or the Northern Territory.
"Voting directions" means directions or suggestions (whether express or implied) in relation to the casting of votes.

(2) A reference in this Act to a poll for a district or an election for a district is a reference to a poll or an election for the return of a member of the Assembly.

(3) A reference (however expressed) to "residence" or "reside":

(a) in any provision of this Act relating to the preparation, alteration or revision of rolls, or

(b) in any regulation, form or electoral paper relating to or used in connection with the preparation, alteration or revision of rolls,

shall be read as a reference to place of living or live, as the case may be.

(4) Notes included in this Act are explanatory notes and do not form part of this Act.

(5) A reference (however expressed) in this Act to the place of residence as enrolled of an elector is, in relation to a silent elector, a reference to the place of residence in respect of which the person is enrolled, even though the particulars of the elector’s residence are not shown on the roll because of a request made under section 31.