Queensland Consolidated Acts

ELECTORAL ACT 1992

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Definitions
   4.      Average number of enrolled electors for electoral districts
   5.      When electoral redistribution etc. becomes final
   6.      Related political parties

           Part 2--Administration

           Division 1--The electoral commission

   7.      Establishment of Electoral Commission of Queensland etc.
   8.      Functions and powers of commission
   9.      Queensland redistribution commission
   10.     Tenure and terms of office
   11.     Leave of absence
   12.     Resignation
   13.     Disclosure of interests
   14.     Termination of appointment
   15.     Acting appointments
   16.     Meetings of commission
   17.     Estimates
   18.     Delegation by commission
   19.     Reports by commission
   20.     Electoral officer accountable officer

           Division 2--Electoral commissioner and deputy electoral commissioner

   21.     Electoral commissioner
   22.     Deputy electoral commissioner
   23.     Terms and conditions of appointment etc.
   24.     Leave of absence
   25.     Resignation
   26.     Termination of appointment
   27.     Acting electoral commissioner
   28.     Acting deputy electoral commissioner
   29.     Notice of appointment

           Division 3--Staff of the commission

   30.     Staff
   31.     Electoral registrars
   32.     Returning officers
   33.     Assistant returning officers
   33A.    Confidentiality of information

           Part 3--Electoral districts and electoral redistributions

           Division 1--Distribution etc. of State into electoral districts

   34.     Number of electoral districts for the State
   35.     Distribution, and redistribution, of State into electoral districts

           Division 2--When need for an electoral redistribution arises

   36.     Need for electoral redistribution arises in 3 circumstances
   37.     Electoral redistribution because of changed number of electoral districts
   38.     Electoral redistribution after certain number of elections and minimum period
   39.     Electoral redistribution because of enrolment changes
   40.     Situation if need for more than 1 electoral redistribution arises

           Division 3--How electoral redistributions are to be undertaken

   41.     Scope of division
   42.     Inviting suggestions
   43.     Inviting comments on suggestions
   44.     Preparing proposed electoral redistribution
   45.     Proposed electoral redistribution must be within numerical limits
   46.     Matters to be considered in preparing proposed electoral redistribution
   47.     Publishing proposed electoral redistribution
   48.     Inviting objections against proposed electoral redistribution
   49.     Inviting comments on objections
   50.     Considering objections and comments
   51.     Making electoral redistribution
   52.     When redistribution takes effect
   53.     Advertising electoral redistribution
   54.     Tabling all relevant documents
   55.     Commission may hold public hearings
   56.     How notices are to be published
   57.     Appeals against boundaries of electoral districts

           Part 4--Electoral rolls

           Division 1--Commission to keep electoral rolls

   58.     Commission to keep electoral rolls
   59.     Preparation of electoral rolls
   60.     Inspection and purchase of publicly available parts of electoral rolls
   61.     Availability of entire electoral rolls
   62.     Joint roll arrangement with Commonwealth
   63.     Gazettal of enrolment figures

           Division 2--Enrolment

   64.     Entitlement to enrolment
   65.     Enrolment and transfer of enrolment
   66.     Provisional enrolment
   67.     Objections

           Part 4A--Register of special postal voters

   67A.    Commission to keep register of special postal voters

           Part 5--Registration of political parties

   68.     Scope of part
   69.     Register of political parties
   70.     Applications for registration
   71.     Publication of notice of application
   72.     Registration
   72A.    Registered officer's deputy
   73.     Refusal of registration
   73A.    Complying constitution
   74.     Amendment of register
   75.     Cancellation of registration
   76.     Public access to register
   76A.    Party constitution

           Part 6--Elections

           Division 1--Calling of elections

   77.     Writs for elections
   78.     Writs by Governor
   79.     Writs by Speaker
   80.     Form and content of writs
   81.     Commission to publish writ and prepare for election
   82.     Change of time limits in writ

           Division 2--Nomination of candidates for election

   83.     Who may be nominated
   84.     How and when nomination takes place
   85.     Deposit to accompany nomination
   85A.    Grounds for deciding a person is not properly nominated
   86.     Effect of multiple nominations
   87.     Withdrawal of consent to nomination
   88.     Announcement of nominations
   89.     Election of sole candidate
   90.     Failure of election
   91.     Election to be held

           Division 3--Arrangements for elections

   92.     Commission to make arrangements for elections
   93.     Setting up and operating polling booths
   94.     Kinds of polling booths
   95.     Adjournment of poll
   96.     Register of candidates
   97.     Supply of ballot papers and electoral rolls
   98.     Order of candidates' names on ballot papers
   99.     Scrutineers
   100.    Correction of errors

           Division 4--Who may vote

   101.    Who may vote

           Division 5--How voting takes place
           Subdivision 1--Ordinary voting

   102.    Procedure for voting
   103.    Help to enable electors to vote at polling booths
   104.    Help to enable electors to vote at hospitals
           Subdivision 2--Declaration voting
   105.    Who may make a declaration vote
   106.    Who must make a declaration vote
   107.    Ways in which an elector may make a declaration vote
   108.    Making a declaration vote at a polling booth
   109.    Making a declaration vote at a commission office
   110.    Making a declaration vote using posted voting papers
   111.    Electoral visitor voting
   112.    Making a declaration vote in cases of uncertain identity
           Subdivision 3--Marking of ballot papers
   113.    How electors must vote
   114.    Formal and informal ballot papers

           Division 6--Counting of votes

   115.    Votes to be counted in accordance with division
   116.    Preliminary processing of declaration envelopes and ballot papers
   117.    Preliminary and official counting of votes
   118.    Preliminary counting of ordinary votes
   119.    Official counting of votes
   120.    Objections by scrutineers
   121.    Recounting of votes

           Division 7--Notifying the results of elections etc.

   122.    Notifying the results of an election
   123.    Return of writ for election
   124.    Counting for information purposes
   125.    Notice of failure to vote etc.
   125A.   Payments for failure to vote
   126.    Storage of ballot papers and declaration envelopes

           Part 7--Electoral funding and financial disclosure

   126A.   Purposes of part
   126B.   Law about electoral funding and financial disclosure
   126C.   Regulations for part
   126D.   References in the schedule to electoral commission

           Part 8--Court of Disputed Returns

           Division 1--Court of Disputed Returns

   127.    Supreme Court to be Court of Disputed Returns

           Division 2--Disputing elections

   128.    Election may be disputed under this part
   129.    Who may dispute the election
   130.    Requirements for an application to be effective
   131.    Copies of application to be given to elected candidate and commission
   132.    Application to court for order relating to documents etc.
   133.    Parties to application
   134.    How application is to be dealt with by court
   135.    Application for dismissal of application disputing election
   136.    Powers of the court
   137.    Restrictions on certain orders
   138.    Restriction on certain evidence and inquiries
   139.    Copy of final court orders to be sent to Clerk of Parliament
   140.    Costs
   141.    Decisions and orders to be final etc.
   142.    Right of commission to have access to documents

           Division 3--Disputing qualifications and vacancies of members

   143.    Reference of question as to qualification or vacancy
   144.    Speaker to state case
   145.    Parties to the reference
   146.    Powers of court
   147.    Order to be sent to Assembly
   148.    Application of provisions

           Division 4--Appeals

   148A.   Appeal to Court of Appeal on question of law
   148B.   Time for appealing
   148C.   Commission is a party to appeal
   148D.   How appeal is dealt with by Court of Appeal
   148E.   Application for dismissal of appeal
   148F.   Copy of final court orders to be sent to Clerk of Parliament
   148G.   Right of commission to have access to documents

           Part 8A--Commission oversight of preselection ballots

   148H.   Model procedures for preselection ballots
   148I.   Notice of preselection ballots to commission
   148J.   Inquiry into preselection ballot
   148K.   Frivolous or vexatious complaint
   148L.   Notice of preselection ballot
   148M.   Selecting preselection ballots for random audit
   148N.   Random audit of preselection ballots
   148O.   Election not invalidated by irregular preselection ballot

           Part 9--Enforcement

           Division 1--Offences in general

   149.    Attempts taken to be offences
   150.    Failure to enrol etc.
   151.    False names etc. on electoral rolls
   152.    Misuse of restricted information
   157.    Improperly influencing commission
   158.    Interfering with election right or duty
   160.    Wilful neglect etc. by commission staff

           Division 2--Offences relating to electoral advertising etc.

   161.    Author of election matter must be named
   161A.   Distribution of how-to-vote cards
   161B.   Lodging how-to-vote cards
   162.    Headline to electoral advertisements
   163.    Misleading voters

           Division 3--Offences relating to voting etc.

   164.    Failure to vote etc.
   165.    Leave to vote
   166.    Canvassing etc. in or near polling places
   167.    Interrupting voting etc.
   169.    Displaying political statements in certain places
   171.    Offences relating to ballot papers
   172.    Failure to post, fax or deliver documents for someone else
   173.    Secrecy of voting
   174.    Breaking seals on parcels
   175.    Duty of witness to signing of declaration voting papers

           Division 5--Injunctions

   177.    Injunctions

           Part 10--Miscellaneous

   178.    How things are to be given to commission
   179.    How things are to be signed
   180.    Review of certain decisions
   181.    Advertising of office addresses etc.
   182.    Regulations

           Part 11--Transitional provisions

           Division 1--Transitional provision for Electoral and Other Acts Amendment Act 2001

   183.    Transitional provision—petition disputing election

           Division 2--Transitional provision for Electoral and Other Acts Amendment Act 2002

   184.    Registered political party constitution

           Division 3--Transitional provisions for Electoral Amendment Act 2008

   185.    Definitions for div 3
   186.    Reference to election funding amount for sch, s 294A
   187.    Continuation of decisions under sch, s 299A
   188.    Decisions about electoral expenditure paid under the pre-amended Act
   189.    Donations made or received on or after 1 July 2008 and before the end of a stated period
           SCHEDULE -- ELECTION FUNDING AND FINANCIAL DISCLOSURE BASED ON PART XX OF THE COMMONWEALTH ELECTORAL ACT

           Division 1--Preliminary

   287.    Interpretation
   287AA.  Meaning of disclosure period
   287A.   Campaign committee to be treated as part of (words omitted) party

           Division 2--Agents

   288.    Agents of registered political parties
   289.    Appointment of agents by candidates (words omitted)
   290.    Requisites for appointment
   291.    Register of Party Agents
   292.    Effect of registration etc.
   292A.   Evidence of appointment
   292B.   Responsibility for action when agent of party (words omitted) dead or appointment vacant
   292C.   Revocation of appointment of agent of candidate (words omitted)
   292D.   Notice of death or resignation of agent of candidate (words omitted)

           Division 3--Election funding
           Subdivision AA Preliminary

   292E.   Interpretation
           Subdivision A Entitlement to election funding
   293.    Entitlement to election funding—registered political parties
   294.    Entitlement to election funding—unendorsed candidates
   294A.   Election funding amount
           .
           .
           Subdivision B Claims for election funding
   297.    Need for a claim
   298.    Electoral expenditure incurred
   298A.   Form of claim
   298B.   Lodging of claim
   298C.   Deciding claim
           .
   298E.   Accepting a (word omitted) claim
   298F.   Refusing a (word omitted) claim
   298G.   Application for reconsideration of decision refusing a (word omitted) claim
   298H.   Reconsideration by Electoral Commission
           Subdivision C Payments of election funding
   299.    Making of payments
           Subdivision D Miscellaneous
   300.    Death of candidates (words omitted)
   301.    Varying decisions accepting claims
   302.    Appropriation

           Division 4--Disclosure of donations

   303.    Interpretation
   303A.   How division applies to gifts that are returned etc. within 6 weeks
   304.    Disclosure of gifts
   304A.   Loans to candidates
   305.    Expenditure incurred for political purposes
   305A.   Donations to candidates etc.
   305B.   Donations to political parties
   305C.   Special reporting of large gifts

           Division 4A--Rules about certain gifts and loans
           Subdivision A Gifts of foreign property

   306.    Interpretation
   306AA.  Subdivision does not apply to gifts that are returned within 6 weeks
   306AB.  Deciding whether a gift or transfer is of Australian or foreign property
   306AC.  Gifts of foreign property—when unlawful for political party, candidate etc. to receive gift
           .
           Subdivision B Anonymous gifts
           .
           .
   306AG.  Certain gifts not to be received
           .
           .
           Subdivision C Other gifts and loans
   306A.   Certain loans not to be received
           .

           Division 5--Disclosure of electoral expenditure

   308.    Interpretation
   309.    Returns of electoral expenditure
   310.    Returns by broadcasters
   311.    Returns by publishers
   311A.   Annual returns of income and expenditure of Commonwealth Departments
   313.    Nil returns
   314.    Two or more elections on the same day

           Division 5A--Returns by registered political parties and associated entities

   314AA.  Interpretation
   314AAA. How division applies to gifts that are returned etc. within 6 weeks
   314AB.  Returns for reporting periods by registered political parties
   314AC.  Amounts received
   314AD.  Amounts paid
   314AE.  Outstanding amounts
   314AEA. Returns for reporting periods by associated entities
   314AF.  Returns not to include lists of party membership
   314AG.  Regulations

           Division 6--Miscellaneous

   314A.   Interpretation
   315.    Offences
   315AA.  Attempts to commit offences
   315A.   Recovery of payments
   316.    Investigation etc.
   317.    Records to be kept
   318.    Inability to complete returns
   318A.   Application of sections 305(1) and 309(4) in certain cases
   319.    Non-compliance with Schedule does not affect election
   319A.   Amendment of claims and returns
   319B.   Publishing of returns
   320.    Inspection and supply of copies of claims and returns
   321.    Indexation

           Division 7--Authorised officers

   322.    Authorised officer under this Schedule 323. Appointment
   324.    Limitation of authorised officer's powers
   325.    Authorised officer's conditions of appointment
   326.    Authorised officer's identity card
   327.    Production or display of authorised officer's identity card

           Division 8--Power of authorised officers to ask questions or require documents

   328.    Power to require information from certain persons
   329.    Power to require production of certain documents

           Division 9--Powers of authorised officers for places

   330.    Entry to places
   331.    Warrants for entry
   332.    Warrants—applications made other than in person
   333.    Authorised officer's general powers for places

           Division 10--Authorised officer's power to seize

   334.    Power to seize
   335.    Powers in support of seizure
   336.    Receipt for seized things
   336A.   Powers in relation to seized thing
   337.    Access to seized things
   338.    Return of seized things
   339.    Forfeiture of unclaimed seized things

           Division 11--Other enforcement matters

   340.    False or misleading information
   341.    False, misleading or incomplete documents
   342.    Authorised officer to give notice of damage
   343.    Compensation
   344.    Agreement to entry
   345.    Evidence of agreement
   346.    Obstruction of authorised officer
   347.    Impersonation of authorised officer

           Division 12--Evidence

   348.    Evidentiary provisions
           Endnotes