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PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - As at 1 July 2018 - Act 41 of 1912

- As at 1 July 2018 - Act 41 of 1912

Table of Provisions

PART 1 - NAME OF ACT AND INTERPRETATION

  • 1 Name of Act
  • 2 Repeal
  • 3 Definitions

PART 2 - DISTRIBUTION OF ELECTORATES

3A-5. (Repealed)

PART 3 - (Repealed)

PART 3A - ELECTORAL ADMINISTRATION

Division 1 - New South Wales Electoral Commission

Division 2 - Electoral Commissioner

Division 3 - Election officials for districts

Division 4 - Election assistants for periodic Council elections

Division 5 - Interstate or overseas pre-poll voting officers

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
  • 21BAA-21D. (Repealed)

PART 3B - ENTITLEMENT TO ENROL AND VOTE

  • 22 Who is entitled to be enrolled?
  • 23 Entitlement to vote
  • 24 Restrictions on entitlement to vote
  • 25 Disqualifications from voting

PART 4 - ENROLMENT AND ROLLS

Division 1 - Rolls

Division 2 - Enrolment

Division 3 - Objections

  • 32 Objection
  • 33 Notice of objection
  • 34 Answer to objection
  • 35 Determination of objection

Division 4 - Review of determination

  • 36 Review by Local Court
  • 37 Power of Local Court to hear and determine applications for review

Division 5 - Inspection of rolls and provision of enrolment information

  • 38 Electoral Commissioner to determine manner and form of access to rolls and enrolment information
  • 39 Public inspection of rolls
  • 40 Provision of enrolment information to parties, members and candidates
  • 41 Provision of enrolment information to others
  • 42 Use of enrolment information
  • 43 Prohibition of disclosure or commercial use of enrolment information
  • 44 On-line access by an individual to information about the individual
  • 45 Division does not affect arrangements with Commonwealth

Division 6 - Collection of electoral information

  • 46 Collection and maintenance of electoral information
  • 47 Persons who are to provide information
  • 48 Privacy--non-disclosure of information

Division 7 - Miscellaneous

  • 49 Arrangement with Commonwealth
  • 50 Witness to application must be satisfied of truth of statements
  • 51 Failure to transmit claim
  • 52 Correction of errors

Division 8 - (Repealed)

None

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

Division 1B - Writs for periodic Council elections

Division 2 - General conduct of Assembly and Council elections

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

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 Children's Guardian with respect to child-related conduct declarations
  • 81NA Duty of persons to assist the Children's Guardian
  • 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 appear 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

Division 8 - General provisions for the regulation of voting

Division 9 - Voting by post

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

Division 11 - (Repealed)

None

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

Division 12 - Absent voters

Division 12A - Technology assisted voting

  • 120AA Definitions
  • 120AB Meaning of "eligible elector"
  • 120AC Electoral Commissioner to approve procedures for technology assisted voting
  • 120AD Independent auditing of technology assisted voting
  • 120AE Scrutineers
  • 120AF Technology assisted votes to be counted with postal votes
  • 120AG Secrecy relating to technology assisted voting
  • 120AH False and misleading statements
  • 120AI Protection of computer hardware and software
  • 120AJ Approvals to be published on the internet
  • 120AK Regulations relating to technology assisted voting
  • 120AL Electoral Commissioner may determine that technology assisted voting is not to be used
  • 120AM Review of technology assisted voting at elections and investigation of its extension to other electors

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

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 Security of election materials
  • 128, 129. (Repealed)

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

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

Division 17 - Bribery, treating, intimidation etc

Division 18 - Polling in Antarctica

  • 154AA Electoral Commissioner to approve procedures for voting in Antarctica
  • 154AB Entitlement to vote in Antarctica
  • 154AC Votes from Antarctica to be counted with postal votes
  • 154AD Requirements for voting procedures in Antarctica
  • 154AE Votes from Antarctica not to be disclosed
  • 154AF-154AQ. (Repealed)

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. (Repealed)
  • 181 Penalty for disobedience
  • 182. (Repealed)
  • 183 Proceedings for offences
  • 184 Limitation of time etc for recovery of penalties etc
  • 184A Enforcement powers of Electoral Commission
  • 185 Appropriations of fees and penalties
  • 186 Provision as to Sunday, Good Friday and Christmas Day
  • 186A Savings, transitional and other provisions
  • 187 Investigation of internet voting for vision-impaired and other disabled persons

PART 8 - (Repealed)

None

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