ELECTORAL ACT 2004
Table of Provisions
PART 1--PRELIMINARY MATTERS
- 1 Short title
- 2 Commencement
PART 2--INTERPRETATION AND APPLICATION
- 3 Definitions
- 3A Meaning of gift
- 4 Election and general election
- 5 Public notice
- 6 Available for public inspection
- 7 Electoral matter
- 8 Closed roll
- 8A Application of Criminal Code
PART 3--CONSTITUTION OF LEGISLATIVE ASSEMBLY
PART 4--ELECTORAL ROLLS AND ENROLMENT
Division 1--Electoral rolls
- 10 Commission to keep rolls
- 11 Contents of roll
- 12 Roll extracts to be available for public inspection
- 13 Supply of roll extract to MLA and registered party
- 14 Use of roll extracts
- 15 Providing roll information to certain entities for medical research and health screening programs
- 16 Providing roll information to Sheriff
- 16A Roll information not for sale
- 17 Maintenance of rolls
- 18 Power to require information
- 19 Disclosure of roll information
- 20 Arrangement with Commonwealth for keeping rolls
Division 2--Enrolment
- 21 Entitlement
- 22 Claim for, or transfer of, enrolment
PART 5--TIMING AND ARRANGEMENTS FOR ELECTIONS
Division 1--Timing of elections
- 23 Determining date for holding general election other than extraordinary general election
- 24 Extraordinary general election – motion of no confidence
- 25 Extraordinary general election – non-passing of appropriation Bill
- 26 Criteria for deciding whether to issue writs
- 26A Determining alternative date if Commonwealth election
Division 2--Writs for elections
- 27 Form of writ
- 28 Limitation of dates
- 29 Endorsement of writ
Division 3--Nominations
- 30 Eligibility
- 31 Nomination of candidate
- 32 Nomination form
- 33 Nomination in one division only
- 34 Time for lodging nomination
- 35 Withdrawal of consent to nomination etc.
- 36 Rejection of nomination
- 37 Declaration of candidates
- 38 Need for vote
- 39 Nomination deposit to be returned or forfeited
Division 4--Ballot papers
- 40 Requirements for ballot papers
- 41 Determination of order of candidates names
Division 5--Miscellaneous provisions
- 42 Early voting centres, voting centres and scrutiny centres
- 43 Limit on appointment of licensed premises as voting centre
- 44 Certified lists of voters
- 45 Administrative arrangements
- 46 Scrutineers – appointment
- 47 Scrutineers – presence at voting centre and scrutiny centre
PART 6--VOTING
Division 1--Entitlement to vote and other preliminary matters
- 48 Entitlement to vote
- 49 Procedure for voting
- 50 Method of voting
- 51 Voter's question
- 51A How-to-vote cards
Division 2--Ordinary voting at voting centre on election day
- 52 Issue of ballot paper
- 53 Voting in private
Division 3--Absent and declaration voting on election day at voting centres
Subdivision 1--Voting by certain persons absent from division
- 54 Issue of ballot paper
- 55 Casting vote
Subdivision 2--Declaration voting
- 56 Issue of declaration ballot paper
- 57 Casting declaration vote
Division 4--Postal voting
Subdivision 1--Registered postal voters
- 58 Register of postal voters
- 59 Registered postal voters taken to have applied for postal voting papers
Subdivision 2--Applications for, and issue of, postal voting papers
- 60 Who may apply for postal voting papers
- 61 Application for postal voting papers
- 62 Issue of postal voting papers
- 63 Authorised officer to record applications
- 64 Applications to be available for public inspection
Subdivision 3--Casting postal vote
- 65 Procedure for postal voting
- 66 When postal vote may be cast
- 67 Casting postal vote
Division 5--Early voting
Subdivision 1--Preliminary
- 68 Application of Division
- 69 Arrangements for voting
- 70 Public notice of arrangements
Subdivision 2--Voting by electors
- 71 Issue of ballot paper
- 72 Casting vote
Subdivision 3--Declaration voting
- 73 Issue of declaration ballot paper
- 74 Casting declaration vote
Subdivision 4--Dealing with ballot boxes
- 75 Ballot boxes at early voting centres in Territory
- 76 Ballot boxes at early voting centres outside Territory
Division 6--Mobile polling
- 77 Application of Division
- 78 Mobile voting centres
- 82 Obligations of authorised officer
- 83 Application of Act for voting at mobile voting centre
- 84 Failure to visit mobile voting centre
- 85 Dealing with ballot boxes
Division 6A--Approved electronic and other automated systems for voting
- 85A Commissioner's power to approve electronic or other automated system
Division 7--Miscellaneous provisions
- 86 Arrangements at voting centres
- 87 Assistance to certain voters
- 88 Assistance to voters unable to enter voting centre
- 89 Spoilt or discarded ballot paper
- 90 Dealing with ballot boxes and electoral papers
- 91 Adjournment of voting
- 92 Employee wishing to vote
PART 7--THE SCRUTINY
Division 1--Preliminary
- 93 How scrutiny carried out
Division 2--Formality of ballot papers and related matters
- 94 Informal ballot paper
- 95 Certain ballot papers not counted
- 96 Certain postal ballot papers not counted
- 97 Dealing with certain votes for absent voters
Division 3--Ordinary votes
- 98 Initial dealing with ballot papers
- 99 Check count of ordinary votes
Division 4--Certain votes cast on election day and declaration votes cast by unenrolled voters at early voting centres
Subdivision 1--Preliminary
- 100 Application of Division
- 101 Initial dealing with certain voting papers
Subdivision 2--Votes cast by certain persons absent from division
- 102 Application of Subdivision
- 103 Examination of ballot papers
Subdivision 3--Declaration votes cast by unenrolled voters
- 104 Application of Subdivision
- 105 Examination of declaration ballot papers
Subdivision 4--Declaration votes cast by voters marked on roll as already voted
- 106 Application of Subdivision
- 107 Examination of declaration ballot papers
Subdivision 5--Counting declaration and absent votes
- 108 Initial count of votes
- 109 Check count of votes
Division 5--Postal votes
Subdivision 1--Dealing with postal voting papers before the end of election day
- 110 Receipt of postal voting papers
- 111 Checking postal voting papers
Subdivision 2--Scrutiny of postal voting papers
- 112 Initial dealing with postal voting papers after close of voting
- 113 Initial count of postal votes
- 114 Check count of postal votes
Division 6--Votes cast at early voting centres
Subdivision 1--Preliminary
- 115 Application of Division
- 116 Initial dealing with ballot boxes
Subdivision 2--Votes cast for enrolled divisions at early voting centres
- 117 Application of Subdivision
- 118 Initial count of votes
Subdivision 3--Votes cast for divisions in other regions at early voting centres
- 119 Application of Subdivision
- 120 Examination of ballot papers
- 121 Initial count of votes
Subdivision 4--Check count of certain votes cast at early voting centres
- 122 Check count of votes
Division 7--Determining and declaring result of election
- 123 Interim distribution of preference votes
- 124 Part counting of votes
- 125 Objections by candidate's scrutineer
- 126 Determination of first preference votes
- 127 Declaration of election
- 128 Further scrutiny to be conducted
- 129 Early declaration of elected candidate
- 130 Recount
- 131 Declaration of result of election
- 132 Preference distribution for information purposes
Division 8--Miscellaneous provisions
- 133 Return of writ
- 134 Extension of time
- 135 Failure of election
- 136 Issue of writ for failed election
PART 8--REDISTRIBUTIONS
Division 1--Preliminary
- 137 How notices are to be published
- 138 When redistribution to be conducted
Division 2--Object of redistribution and related matters
- 139 Object of redistribution
- 139A Principles of redistribution
- 139B Naming of division during redistribution
- 140 Matters to be considered in redistribution
Division 3--Redistribution process
- 140A Definitions
- 140B Calculation of quota
- 141 Inviting suggestions
- 142 Inviting comments on suggestions
- 143 Preparing first proposed redistribution
- 144 Maps showing first proposed redistribution
- 145 Inviting objections against first proposed redistribution
- 145A Preparing second proposed redistribution
- 145B Inviting objections to second proposed redistribution
- 146 Considering objections
- 147 Deciding redistribution
- 148 Report about redistribution
- 150 When redistribution takes effect
- 150A Extraordinary general election during redistribution process
Division 4--Miscellaneous provisions
PART 9--REGISTRATION OF POLITICAL PARTIES
Division 1--Application process for registration and related matters
- 152 Application
- 153 Further information about application
- 154 Notification and publication of application
- 155 Objections to application and responses
- 156 Decision on application
- 157 Grant of application
- 158 Refusal of application
- 159 Amendment of application
Division 2--Cancellation of registration
- 160 Cancellation on application
- 161 When Commission must cancel registration
- 162 Notice of proposal to cancel registration
- 163 Notice of decision not to cancel registration
- 164 Cancellation of registration
- 165 Notice of cancellation
- 166 Use of name after cancellation
Division 3--Register of political parties
- 167 Commission to keep register
- 168 Register to be available for public inspection
- 169 Changes to particulars in register
Division 4--Miscellaneous provisions
- 170 Who can be registered officer
- 171 Constitution to be available for public inspection
- 171A Annual return for registered political party
- 172 Notification of change to constitution
- 173 Review of registration of political parties
- 174 Information about political parties
- 175 No action under Part during election period
PART 9A--REGISTRATION OF ASSOCIATED ENTITIES AND THIRD PARTY CAMPAIGNERS
Division 1--Application process for registration and related matters
- 175A Application
- 175B Deadline for lodging application
- 175C Further information about application
- 175D Decision on application
- 175E Grant of application
- 175F Refusal of application
- 175G Amendment of application
Division 2--Cancellation of registration
- 175H Cancellation on application
- 175J Cancellation for non-compliance
- 175K Cancellation of registration
Division 3--Registers
- 175L Commission to keep register of associated entities
- 175M Commission to keep register of third party campaigners
- 175N Register to be available for public inspection
- 175P Changes to particulars in registers
- 175Q Process for variation
- 175R Offences
PART 10--DONATIONS AND EXPENDITURE
Division 1--Preliminary matters
- 175S Purposes
- 176 Definitions
- 176A Meaning of electoral expenditure
- 177 References to registered party
- 178 References to things done by registered party
- 179 Gifts – determination of amounts
- 180 Related bodies corporate
- 181 Advertisements containing electoral matter
- 183 Campaign committee to be treated as part of party
Division 2--Reporting agents
- 184 Appointment of reporting agent
- 185 Non-appointed agents
- 186 Register of reporting agents
- 187 Effect of registration etc.
- 188 Notice of death or resignation of candidate's reporting agent
Division 3--Disclosure of donations
- 189 Definition
- 190 Loans to registered party or candidate
- 191 Disclosure of gifts – general election other than extraordinary general election
- 192 Disclosure of gifts – other elections
- 192A Period covered by return extended if first return
- 192B Additional disclosure requirement for nominees who were not previously candidates
- 192C Additional disclosure requirement for associated entities and third party campaigner on registration
- 192D Content of return
- 192E Gift aggregation periods
- 193 Donations to candidates
- 194 Donations to registered parties
- 196 Advice about obligations to make returns – registered parties
- 196A Advice about obligations to make returns – candidates
- 197 Anonymous gifts
- 198 Nil returns
Division 4--Electoral expenditure
Subdivision 1--Preliminary matters
- 199 Meaning of participant
Subdivision 2--Disclosure
- 200 Returns of electoral expenditure
- 201 Nil returns
- 203 Two or more elections on same day
Subdivision 3--Cap on electoral expenditure
- 203A Capped expenditure period
- 203B Applicable caps on electoral expenditure
- 203C Offence to contravene expenditure cap
- 203D Offence to circumvent expenditure cap
Division 5--Annual returns
- 204 Definition
- 204A Certain returns not to include donations previously reported
- 205 Annual returns by registered parties
- 205A Annual return by registered parties – gifts
- 206 Periods of less than financial year
- 207 Annual returns by candidates – gifts
- 208 Annual returns by associated entities
- 209 Annual returns by associated entities – gifts
- 210 Amounts received
- 211 Outstanding amounts
- 212 Returns not to include lists of party membership
- 213 Regulations
Division 5A--Territory campaign accounts
- 213A Requirement to keep Territory campaign account
- 213B Gifts to be paid into Territory campaign account
- 213C Payments into Territory campaign account
- 213D Territory campaign account to be used for electoral expenditure
- 213E Offence
Division 6--Compliance
- 214 Definitions
- 215 Offences
- 216 Investigation notices generally
- 217 Investigation notices about associated entities
- 218 Investigation notice offences
- 219 Investigation – search warrants
- 220 Records
Division 7--Miscellaneous provisions
- 221 Inability to complete returns
- 222 Non-compliance with Part
- 223 Amendment of returns
- 224 Commission to publish returns
PART 11--APPEALS
Division 1--Preliminary
- 225 Appealable decisions and affected persons
- 226 Information notices
- 227 Appeal details
Division 2--Appeals to Supreme Court
- 228 Appeals against appealable decisions
- 229 How to start appeal
- 230 Operation and implementation of appealable decision
- 231 Decision on appeal
PART 12--COURT OF DISPUTED RETURNS, DISPUTED ELECTIONS AND REFERENCES BY LEGISLATIVE ASSEMBLY
Division 1--Court of Disputed Returns
- 232 Establishment
- 233 Constitution
- 234 Jurisdiction
- 235 Record of proceedings
Division 2--Disputed elections
- 236 Validity of election may be disputed after election
- 237 Who may dispute election
- 238 Making application
- 239 Lodgment of security for costs
- 240 Notice of application
- 241 Parties to proceeding
- 242 Reply to application
- 243 Inquiries by Court
- 244 Certain evidence not admissible
- 245 Court may have regard to certain rejected ballot papers
- 246 Decision on application
- 247 Costs
- 248 Application of security for costs
- 249 Reporting of offences
- 250 Copy of decision and declaration to be given to Clerk of Legislative Assembly
- 251 Issue of writ if necessary
Division 3--References by Legislative Assembly
- 252 Question relating to qualification or vacancy
- 253 Parties to proceeding
- 254 Decision on reference
- 255 Copy of decision and declaration to be given to Speaker
Division 4--Hearings of applications and references
- 256 Application of Division
- 257 Hearing procedures
- 258 General powers of Court
- 259 Hearing open to public
- 260 Representation at hearing
- 261 Contempt
- 262 Decision final
Division 5--Miscellaneous provisions
PART 13--ELECTORAL OFFENCES AND LEGAL PROCEEDINGS
Division 1--Electoral offences
Subdivision 1--Protection of election rights and duties
- 264 Interfering with election right or duty
- 265 Making false statements about entitlement to vote
- 266 Improperly influencing voters
- 267 Secrecy of vote
Subdivision 2--Campaigning offences
- 268 Definitions
- 268A Meaning of campaign material
- 269 Application of Division
- 270 Offences relating to campaign material
- 271 Offence relating to push-polling
- 272 Heading of advertisements
- 273 Electoral articles to be signed or state particulars of author
- 274 Exemptions for distribution of electoral articles
- 276 Badges, emblems etc. in voting centres
- 277 Exhibition of electoral matter in voting centres
- 278 Publication of statements regarding candidates
Subdivision 3--Offences relating to compulsory voting and entitlement to vote
- 279 Compulsory vote
- 280 Person may vote only once
Subdivision 4--Voting fraud offences
- 281 Offences relating to supplying and obtaining ballot papers
- 282 Offences relating to marking ballot papers
- 283 Other offences relating to ballot papers and ballot boxes
- 284 Forgery
Subdivision 5--Other offences relating to electoral papers
- 285 Offences relating to postal ballot papers
- 286 Opening envelopes containing declaration votes
- 287 False or misleading statements
- 288 Defacement etc. of electoral papers
- 289 Signatures
- 290 Duty of witnesses
- 291 Sending completed electoral papers
Subdivision 6--Official functions
- 292 Improper influence of officials
- 293 Identification of voters and votes
- 294 Responses to official questions
- 295 Control of behaviour at voting centres and scrutiny centres
Division 2--Legal proceedings
- 296 Evidentiary provisions
- 297 Time limit for starting prosecutions
- 298 Conduct of representatives
PART 13A--INFRINGEMENT NOTICES FOR INFRINGEMENT OFFENCES
- 300 When infringement notice may be served
- 301 Particulars to be included in infringement notice
- 302 Expiation of offence
- 303 Payment by cheque
- 304 Withdrawal of infringement notice
- 305 How service effected
- 306 Application of Part
PART 14--ELECTORAL COMMISSION
Division 1--Establishment, functions and powers
Division 2--Miscellaneous provisions
- 312 Status
- 313 Reports by commission
PART 15--ELECTORAL COMMISSIONER AND STAFF OF COMMISSION
Division 1--Electoral Commissioner
Subdivision 1--Establishment of office, functions and powers
- 314 Appointment of Electoral Commissioner
- 314A Eligibility for appointment
- 315 Chief Executive Officer
- 316 Functions
- 317 Powers
- 318 Approved forms
- 319 Delegation
Subdivision 2--Appointment provisions
- 320 Term of appointment
- 321 Conditions of appointment
- 322 Vacancy in office
- 323 Resignation
- 324 Suspension and termination of appointment
- 325 Leave of absence
- 326 Acting Commissioner
- 327 Oath before taking office
Division 2--Staff of Commission
- 328 Staff and consultants
- 329 Sharing staff and physical resources
- 330 Officers
PART 16--REDISTRIBUTION COMMITTEE
Division 1--Redistribution Committee
- 331 Establishment
- 332 Composition
- 333 Chairperson
- 336 Appointment of appointed member
- 337 Term of appointed member's appointment
- 338 Conditions of appointment
- 340 Dissolution
- 341 Functions
- 342 Powers
- 343 Procedures
PART 17--MISCELLANEOUS PROVISIONS
- 344 Register of electors precluded from voting because of religious beliefs
- 345 Storage and destruction of electoral papers
- 346 Protection from liability
- 347 Regulations
PART 18--REPEAL AND TRANSITIONAL PROVISIONS
- 348 Definitions
- 349 Repeal
- 350 Divisions
- 351 MLAs
- 352 Rolls
- 353 Arrangement with Commonwealth
- 354 Register of electors not voting because of religious beliefs
- 355 Pending election
- 356 Pending legal proceedings
- 357 Chief Electoral Officer
- 358 Election Tribunal Trust Account
- 359 References to repealed Act
PART 19--TRANSITIONAL MATTERS FOR ELECTORAL LEGISLATION AMENDMENT ACT 2016
PART 20--TRANSITIONAL MATTERS FOR ELECTORAL AMENDMENT ACT 2018
- 361 Appointed member and Chairperson of Redistribution Committee
PART 21--TRANSITIONAL MATTERS FOR INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT ACT 2019
- 362 Effect on Commissioner in office
PART 22--TRANSITIONAL MATTERS FOR ELECTORAL LEGISLATION FURTHER AMENDMENT ACT 2019
- 363 Disclosure of gifts – reporting agent of a candidate, persons incurring political expenditure and donations to candidates
- 364 Disapplication of monetary units indexation scheme for 2020 election