PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - As at 1 July 2018 - Act 41 of 1912
- As at 1 July 2018 - Act 41 of 1912Table of Provisions
PART 1 - NAME OF ACT AND INTERPRETATION
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 (Repealed)- 6 Appointment of commissioners for redistribution of seats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 (Repealed)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 (Repealed)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PART 3 - (Repealed)
PART 3A - ELECTORAL ADMINISTRATION
Division 1 - New South Wales Electoral Commission
- 21A Constitution of Electoral Commission
- 21B Members of Electoral Commission
- 21C Functions of Electoral Commission
- 21CA Enforcement functions of Electoral Commission with respect to local government elections
- 21D Staff of the Electoral Commission
Division 2 - Electoral Commissioner
- 21AA Electoral Commissioner
- 21AB Tenure of office of Electoral Commissioner
- 21AC Provisions applicable to Electoral Commissioner
- 21ACA Electoral Commissioner not required to vote at Assembly and Council elections
- 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 - Interstate or overseas pre-poll voting officers
- 21AJ Interstate or overseas pre-poll voting officers
- 21AK Appointment of assistants for interstate or overseas pre-poll 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 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
- 27 Compulsory enrolment: obligation to enrol and keep enrolment updated
- 28 Means of enrolment
- 29 Enrolment by Electoral Commissioner on Electoral Commissioner's initiative
- 30 Enrolment by Electoral Commissioner in response to a claim
- 30A Enrolment by Electoral Commissioner in response to change to Commonwealth electoral roll
- 31 Silent electors: request for address not to be shown on roll
Division 3 - Objections
Division 4 - Review of determination
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)
NonePART 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 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
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
- 87B Mobile booths for pre-poll voting in remote districts 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
- 102A Marking of roll
- 103 Vote, how given
- 103A Vote of person whose residence is not shown on the roll
- 104 Spoilt ballot papers
- 104A Ballot papers may be photocopied, written or otherwise reproduced 105. (Repealed)
- 106 Provisional voting 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 multiple 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 General postal voters
- 114AB Dispatch of ballot papers to general postal voters
- 114B Authorised witnesses
- 114C Duty of witnesses
- 114D Issue of certificate and ballot paper
- 114E Retention of applications
- 114F Postal ballot papers to be initialled 114G, 114GA. (Repealed)
- 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. (Repealed)
- 114O Assistance for returning officer
Division 10 - Pre-poll voting (electoral offices and appointed places inside and outside NSW)
- 114P Application for permission to vote before polling day
- 114PA Procedure for voting before polling day--voting in elector's district
- 114Q Procedure for voting before polling day--voting other than in elector's district (including outside NSW)
- 114QA Ballot papers etc forwarded to district for which elector enrolled
- 114R Provisional pre-poll voting 114S. (Repealed)
- 114T Assistance to certain electors
- 114U Scrutineers
- 114V Penalty for unlawfully marking ballot paper
- 114W Duty of persons present when elector votes under this Division
- 114X Preliminary scrutiny of ballot papers of electors under section 114Q
- 114Y Spoilt ballot papers
- 114Z Assistance for pre-poll voting officer
Division 11 - (Repealed)
NoneDivision 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
- 114ZQA Procedure for voting at declared institutions--general
- 114ZQB Procedure for voting at declared institutions--voting in elector's district
- 114ZR Procedure for voting at declared institutions--voting other than in elector's district
- 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 electoral district
- 115A Provisional absent voting
- 116 Forwarding of absent voters' ballot papers
- 117 Returning officer satisfied to accept ballot paper for further scrutiny
- 117A Preliminary scrutiny of provisional absent voters' ballot papers
- 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 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
- 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 Security of election materials 128, 129. (Repealed)
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 Security of election materials 129I, 129J. (Repealed)
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 Election information 139-146. (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
- 151EA Authorisation of advertisements on electronic billboards, digital road signs etc to be displayed
- 151F Distribution of electoral material on polling day
- 151G Registration of electoral material
- 151GA Registration of electoral matter involving joint voting directions
- 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 - 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
Division 4 - Casual vacancies in Council
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- SCHEDULE 1 Schedule 3 (Repealed)
- SCHEDULE 4
- SCHEDULE 4A Schedule 18 (Repealed)
- SCHEDULE 19 Schedule 21 (Repealed)
- SCHEDULE 21A
- SCHEDULE 22