LOCAL GOVERNMENT ELECTORAL ACT 2011 - As at 22 November 2023 - Act 27 of 2011

Table of Provisions

PART 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
• 3 Purposes of Act
• 4 Definitions
• 5 Particular references in this Act
• 6 References to divisions includes wards
• 7 Meaning of conclusion of local government election

PART 2 - ADMINISTRATION

Division 1 - Electoral commission

• 8 Additional functions and powers of electoral commission

Division 2 - Electoral officers for local government elections

• 9 Returning officers
9A. (Repealed)
• 10 Assistant returning officers
• 11 Presiding officers
• 12 Issuing officers
12A. (Repealed) 12B. (Repealed)
• 13 Removal from office for membership of political party
• 14 Obligation to notify of membership of a political party
• 15 Returning officer may act through other officers
• 16 Assistant returning officer may act through other officers

PART 3 - VOTERS ROLLS AND REGISTER OF SPECIAL POSTAL VOTERS

Division 1 - Voters rolls

• 17 Returning officer must compile voters roll
• 18 When voters roll must be compiled
• 19 Requirements of voters roll
• 20 Inspection of voters roll
• 21 Supply of voters roll to candidates

Division 2 - Register of special postal voters

• 21A Electoral commission to keep register of special postal voters

PART 4 - LOCAL GOVERNMENT ELECTIONS

Division 1 - Local government elections

• 22 Types of elections
• 23 Date of quadrennial elections
• 24 Date of by-elections

Division 2 - Candidates for local government elections

• 25 Calling for nominations
• 26 Who may be nominated
• 27 Making and certification of nomination
• 28 Grounds for deciding a person is not properly nominated
• 29 Effect of multiple nominations
• 30 Withdrawal of consent to nomination
• 31 Withdrawal of endorsement of candidate
• 32 Announcement of nominations
• 33 Death of candidate
• 34 Procedure if number of candidates not more than number required
• 35 Procedure if number of candidates exceeds number required
• 36 Procedure on death of candidate when poll to be conducted
• 37 If successful candidate dies
• 38 Changing nomination day or polling day
Subdivision 2 - Deposits accompanying nomination
• 39 Deposit to accompany nomination
• 40 Disposal of deposits generally
Subdivision 3 - Creation and membership of groups of candidates
• 41 Purpose of subdivision
• 42 Creation of group of candidates
• 43 Changing membership of group of candidates
• 43A Winding up group of candidates
• 43B Requirements for membership of group of candidates
• 43C Application of Act to groups of candidates
• 43D Validation of ballot paper
• 43E Application of return provisions—candidate stops being member of group of candidates
• 43F Application of return provisions—group of candidates that has been wound up

Division 3 - Arrangements for local government elections

• 44 Poll by ballot
• 45AA Application for direction that poll be conducted by postal ballot
• 45AB Referral of application to electoral commissioner for recommendation
• 45 Direction that poll be conducted by postal ballot
• 45A Decisions under this subdivision are not subject to appeal
Subdivision 2 - Polling booths
• 46 Kinds of polling booths
• 47 Polling booths—general
• 48 Provision of ordinary polling booths
• 49 Declaration of mobile polling booths
• 50 Declaration of pre-polling booths
• 51 Duty of person in charge of institution
• 52 Privacy for electors casting votes at polling booths
• 52A Suspension of poll
• 53 Adjournment of poll
Subdivision 3 - Ballot boxes, ballot papers and other documents
• 54 Ballot boxes generally
• 55 Ballot papers
• 56 Ballot papers for separate polls
• 57 Order of candidates’ names on ballot papers
• 58 Distribution of ballot papers and voters roll
• 58A Ballot papers may be reproduced if required
Subdivision 4 - Scrutineers
• 59 Scrutineers
60. (Repealed) 61. (Repealed) 62. (Repealed) Subdivision 5 - Errors, omissions or delays
• 63 Correction of errors, omissions or delays

Division 4 - Who may vote

• 64 Who may vote

Division 5 - How voting takes place

• 65 System of voting
• 66 Compulsory voting
Subdivision 2 - Casting votes
• 67 Ways in which to cast votes
• 68 Who may cast votes in particular ways
• 69 Who must complete a declaration envelope
• 70 Casting an ordinary vote or pre-poll vote
71. (Repealed)
• 72 Casting a postal vote by elector other than special postal voter
• 73 Voting hours for polling booths
• 74 Particular responsibilities of returning officer when electors cast postal votes
• 75 Particular responsibilities of issuing officers when electors cast ordinary or pre-poll votes
Subdivision 2A - Electronically assisted voting
• 75A Prescribed procedures for electronically assisted voting
• 75B Audit of electronically assisted voting for an election
• 75C Protection of information technology
• 75D Electoral commissioner may decide electronically assisted voting is not to be used
• 75E Review of electronically assisted voting
Subdivision 3 - Special arrangements for particular electors
• 76 Arrangements for electors at hospitals etc.
• 77 Arrangements for electoral visitor voting
• 78 Help for electors voting
Subdivision 4 - Distribution of ballot papers
• 79 Applications to cast postal votes in local government elections that are not postal ballot elections
• 80 Distribution of ballot papers to electors for postal ballot elections
• 81 Applications to cast postal votes in postal ballot elections
• 82 Distribution of ballot papers to silent electors and special postal voters
Subdivision 5 - Recording a vote on ballot papers
• 83 How electors must record a vote on a ballot paper—optional-preferential voting
• 84 How electors must record a vote on a ballot paper—first-past-the-post voting
• 85 Replacement ballot paper issued at polling booth or by visiting issuing officer
• 85A Replacement ballot paper issued to postal voter

Division 6 - Formal and informal votes

• 86 Formal and informal ballot papers—optional-preferential voting
• 87 Formal and informal ballot papers—first-past-the-post voting
• 88 Ballot paper partly formal and partly informal

Division 7 - Counting of votes

• 89 Preliminary processing of declaration envelopes
90. (Repealed)
• 91 Procedure for processing declaration envelopes
Subdivision 2 - Preliminary counts
• 92 Preliminary counting of ordinary votes
• 93 Objections by scrutineers during preliminary count
94. (Repealed) Subdivision 3 - Official count
• 95 Official counting of votes
• 96 Objections by scrutineers during official count
• 96A Re-counting of votes
Subdivision 4 - Deciding results of local government elections
• 97 Counting of votes for optional-preferential system
• 98 Counting of votes for first-past-the-post system
• 99 Returning officer’s duty after counting votes

Division 8 - Notifying the results of local government elections etc.

• 100 Notifying the results of an election
• 101 Notice of results of poll to candidates
• 101A Election and elector information
• 102 Storage and disposal of material resulting from election
• 103 Notice to electors whose ballot papers are not accepted
• 104 Notice to electoral commission of error in electoral roll

PART 5 - FRESH ELECTIONS

• 105 Arrangements for fresh election

PART 6 - ELECTORAL FUNDING AND FINANCIAL DISCLOSURE

Division 1 - Preliminary

• 106 Definitions for part
• 106AA When candidate is individual candidate
• 106AB Meaning of participant in an election
• 106A Meaning of disclosure period
• 107 Meaning of gift
• 107A Meaning of fundraising contribution
• 107B Meaning of sponsorship arrangement
• 108 Meaning of value of gift
• 109 Meaning of relevant details for a gift or loan
• 109A Meaning of electoral expenditure
• 109B Meaning of campaign purpose
• 109C Meaning of gifted for electoral expenditure
• 109D Participant taken to have incurred gifted electoral expenditure
• 109E When electoral expenditure is incurred generally
• 109F When electoral expenditure is incurred for particular purposes
• 109G When candidate is endorsed by registered political party
• 110 References to candidates
• 111 Persons acting on behalf of candidates and groups of candidates
• 112 Related corporations
• 112A Related political parties
• 112B Application to unincorporated bodies
• 112C Associated entity to be treated as part of registered political party
• 112D Associated entity to be treated as part of candidate
• 112E Associated entity to be treated as part of group of candidates

Division 1A - Political donations from property developers

• 113 Meaning of prohibited donor
• 113A Meaning of political donation
• 113B Political donations by prohibited donors
• 113C Recovery of prohibited donations
• 113D Making of determination that entity is not a prohibited donor
• 113E Revocation of determination
• 113F Register of determinations
• 113G Review of decisions

Division 2 - Agents

• 114 Agent of registered political party
• 115 Agent of candidate
• 116 Agent of group of candidates
• 116A Agent of registered third party
• 116B Agent of unregistered third party
• 116C Requirements for registration
• 116D Register of agents
• 116E Registration of agent
• 116F Responsibility for action in absence of agent
• 116G Agent’s obligation to ensure compliance

Division 3 - Gifts and loans

• 117 Gifts to candidates
• 118 Gifts to groups of candidates
• 118AA Gifts to associated entities of candidates or groups of candidates
• 118A Gifts to third parties to enable political expenditure
• 118B Gifts made by third parties
• 119 Receiving anonymous gifts prohibited
• 119A How subdivision applies to gifts that are returned within 6 weeks
• 119B How subdivision applies to particular gifts used for electoral purposes
Subdivision 2 - Disclosure of loans and prohibited loans
• 120 Loans to candidates or groups of candidates
• 120A Loans to associated entities of candidates or groups of candidates
• 121 Particular loans not to be received
Subdivision 3 - Other provisions about gifts and loans
• 121A When an entity is the source of a gift or loan
• 121B Donor must disclose source of gift or loan
• 121C Recovery of prohibited gifts or loans
Subdivision 4 - Notification obligations
• 122 Requirement to notify the public about disclosure obligations
• 122A Requirement to notify third party of obligation to give return under s 118B

Division 4 - Caps on electoral expenditure

• 123 Definitions for division
• 123A Meaning of capped expenditure period
• 123B Expenditure caps for participants
• 123C How expenditure caps apply in local government areas and divisions
Subdivision 2 - Amount of expenditure cap—individual candidates
• 123D Individual candidates for mayor
• 123E Individual candidates for councillor (other than mayor)
Subdivision 3 - Amount of expenditure cap—registered political parties and endorsed candidates
• 123F Amount of expenditure cap—general
• 123G New endorsement of candidate
• 123H Ending of endorsement of candidate
Subdivision 4 - Amount of expenditure cap—groups of candidates and members of groups
• 123I Amount of expenditure cap—general
• 123J Addition of group member
• 123K Removal of group member
Subdivision 5 - Amount of expenditure cap—third parties
• 123L Registered third parties
• 123M Unregistered third parties
Subdivision 6 - Compliance with expenditure caps
• 123N Compliance with expenditure cap generally
• 123O Compliance with expenditure cap—unregistered third party
• 123P Recovery of unlawful electoral expenditure
Subdivision 7 - Other provisions about expenditure caps
• 123Q Adjustment of expenditure caps
• 123R Electoral commission must give notice of expenditure caps
• 123S Electoral commission to decide number of enrolled electors for election
• 123T Electoral expenditure incurred by particular councillors
• 123U Electoral expenditure incurred for another participant
• 123V Electoral expenditure incurred by registered political party or third party for quadrennial election

Division 4A - Disclosure of electoral expenditure

• 124 Expenditure returns—candidates, groups of candidates, registered political parties and associated entities
• 125 Summary expenditure returns—candidates, groups of candidates and registered political parties
• 125A Summary expenditure returns—associated entities
• 125B Expenditure returns—relevant third parties
• 125C Summary expenditure returns—relevant third parties
• 125D Summary expenditure returns—broadcasters
• 125E Summary expenditure returns—publishers

Division 4B - Particular returns by associated entities of candidates and groups of candidates

• 125F How division applies to gifts that are returned within 6 weeks
• 125G Disclosure of amounts by associated entities

Division 5 - Operation of accounts

• 126 Requirement for candidate to operate dedicated account
• 127 Requirement for group of candidates to operate dedicated account
• 127AA Requirement for registered political party to operate dedicated account
• 127AB Requirement for relevant third party to operate dedicated account
• 127A Permitted ways to pay amounts from dedicated account
• 127B Payment of amount of electoral expenditure by credit card prohibited
• 127BA Notice of dedicated account
• 127C Time for prosecuting offences

Division 5A - Registration of third parties

• 127D Requirement for registration
• 127E Register of third parties
• 127F Application for registration
• 127G Deciding application
• 127H Registration
• 127I Decision to refuse application
• 127J Obligation to notify electoral commission of change to details
• 127K Cancellation of registration

Division 5B - Records to be kept

• 127L Definitions for division
• 127M Meaning of prescribed matter
• 127N Records to be kept by relevant entities
• 127O Records to be kept by agents of participants
• 127P Records to be kept about advertisements or other relevant material
• 127Q Records to be kept by broadcasters or publishers
• 127R Requirements for records
• 127S Records must be kept for 5 years
• 127T Division does not limit other record-keeping provisions

Division 5C - Audits

• 127U Electoral commission may appoint auditor
• 127V Participant in election must assist appointed auditor
• 127W Audit report

Division 6 - Publication of returns

• 128 Electoral commission must publish returns and other documents
• 129 Access to published returns and other documents
• 130 Queries on contents of return

Division 6A - Authorised officers under pt 6

• 130A Functions and powers of authorised officers etc.

Division 7 - Miscellaneous

• 130B Electoral commission must give reminder notice about requirement for return
• 130C Electoral commission must give notice about agent’s failure to give return
• 131 Inability to complete returns
• 132 Amendment of returns
• 132A Electronic lodgement of returns
• 133 Things taken to be done by political party
• 134 Noncompliance with part does not affect election
• 135 Associated entity to give notice of financial controller
• 135A Registered political party must notify endorsement of candidate
• 135B Register of agents and register of third parties to be available for public inspection
• 135C Electoral commission must not publish information about political party membership
• 135D Audit certificates to accompany particular returns
• 135E Auditor preparing audit certificate to give notice of contravention

PART 7 - DISPUTED RESULTS

Division 1 - Disputing local government elections

• 136 Local government election may be disputed under this part
• 137 Who may dispute an election
• 138 Requirements for an application to be effective
• 139 Copies of application to be given to elected candidate and electoral commission
• 140 Application to court for order relating to documents etc.
• 141 Parties to application
• 142 How application is to be dealt with by the court
• 143 Application for dismissal of application disputing election
• 144 Powers of the court
• 145 Restrictions on particular orders
• 146 Restriction on particular evidence and inquiries
• 147 Copy of final court orders
• 148 Costs
• 149 Decisions and orders to be final
• 150 Right of electoral commission and returning officer to have access to documents

Division 2 - Appeals

• 151 Appeal to Court of Appeal on question of law
• 152 Time for appealing
• 153 Electoral commission is a party to appeal
• 154 How appeal is dealt with by Court of Appeal
• 155 Application for dismissal of appeal
• 156 Copy of final court orders
• 157 Right of electoral commission and returning officer to have access to documents

PART 8 - LEGAL PROVISIONS

• 158 Decisions not subject to appeal
• 159 Postal vote presumed valid until contrary proved
160. (Repealed)
• 161 Ballot papers as evidence
• 162 Allegations of false or misleading information or document
• 163 Evidentiary provisions
164. (Repealed)

PART 9 - ENFORCEMENT

Division 1 - Failure to vote

• 165 Notice about failure to vote
• 166 Payments for failure to vote
167. (Repealed)
• 168 Failure to vote

Division 2 - Corrupt and improper practices affecting local government elections

• 169 False or misleading information
• 170 Bribery
• 171 Assisting illegal payments
• 172 Improperly influencing electoral officers
• 173 Obstructing persons
• 174 Obstructing electoral officers etc.
• 175 Forged electoral papers
• 176 Wilful neglect etc. of electoral officers
• 176A Confidentiality of information

Division 3 - Offences relating to electoral advertising

• 177 Author of election material must be named
• 178 Distribution of how-to-vote cards
• 179 Giving of how-to-vote cards to electoral commission
• 180 Unauthorised how-to-vote cards
• 181 Headline to electoral advertisements
• 182 Misleading electors
• 183 Engaging in group campaign activities

Division 4 - Offences relating to voting

• 184 Leave to vote
• 185 Canvassing in or near polling booths
• 186 Influencing voting by violence or intimidation
• 187 Party badges not to be worn in polling booths
• 188 Displaying political statements around polling booths
• 189 Voting if not entitled
• 190 Offences about ballot papers
• 191 Failure to give or post documents for someone else
• 192 Secrecy of voting
• 193 Breaking seals on parcels
• 194 Duty of witness in signing declaration envelopes

Division 5 - Offences relating to electoral funding and financial disclosure

• 194A Offence about prohibited donations
• 194B Schemes to circumvent prohibition on particular political donations or electoral expenditure
• 194C False or misleading information relating to determinations
• 195 Offences about returns
• 195A False or misleading information about gift
196. (Repealed)
• 197 Obtaining information for returns
• 198 Further information for incomplete returns

Division 6 - Attempts

• 199 Attempts to commit offences

Division 7 - Injunctions

• 200 Injunctions

PART 9A - PROVISIONS FOR QUADRENNIAL ELECTION FOR 2020

• 200A Purpose of part
• 200B Suspension of election
• 200C Ending suspension
• 200D Terminating election
• 200E Conduct of poll by postal ballot
• 200F Electors who may vote electronically
• 200G Electoral visitor voting
• 200H Extending time for particular applications to cast postal vote
• 200I Distribution or display of how-to-vote cards or other election material
• 200J Issuing officers for s 12
• 200K Adjournment of poll under s 52A or 53
• 200L (Expired)

PART 9B - (Expired)

PART 10 - MISCELLANEOUS

• 201 Designated election offences and application of Criminal Code
• 201A Proceedings for particular indictable offences
• 202 Electoral commission may recover expenditure incurred for conducting elections
• 203 Leave to local government employee to contest local government election
• 204 Inspection of documents
• 205 Persons serving a sentence of imprisonment
• 206 Office of returning officer
• 207 Approved forms
• 208 Regulation-making power
• 208A (Expired)
• 209 (Expired)

PART 11 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provision inserted under Sustainable Planning and Other Legislation Amendment Act 2012

• 210 Cut-off day for compiling voters roll for quadrennial election for 2012

Division 2 - Transitional provision for Local Government and Other Legislation Amendment Act 2015

• 211 By-elections and fresh elections

Division 3 - Transitional provision for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018

• 212 Obligation to repay particular political donations

Division 4 - Transitional provisions for Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019

• 213 Existing applications under s 45
• 214 Time for making applications under s 45AA for quadrennial election for 2020
Subdivision 2 - Transitional provisions commencing by proclamation
• 216 Disclosure period for an election
• 217 Disclosure obligations for candidates—gifts
• 217A Disclosure obligations for agent for group of candidates—gifts
• 217B Disclosure obligations for candidates—loans
• 217C Disclosure obligations for agent for group of candidates—loans
• 218 Disclosure obligations for electoral expenditure
• 219 Election and elector information for election before commencement

Division 5 - Transitional provision for COVID-19 Emergency Response and Other Legislation Amendment Act 2021

• 220 Application of pt 9B to election

Division 6 - Transitional provisions for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023

• 221 Definitions for division
• 222 Elections held after introduction day and before 2024 quadrennial election
• 223 Continuation of existing groups of candidates for 2024 quadrennial election
• 224 Gifts
• 225 Electoral expenditure
• 226 Agents and register of group agents
• 227 Existing disclosure obligations for post-commencement elections
• 228 Summary returns for post-commencement elections under new ss 117 and 120
• 229 Disclosure period for post-commencement elections for particular third parties under new s 118A
• 230 Disclosure period for post-commencement elections for third parties under new s 118B
• 231 First reporting period for new ss 118AA, 120A and 125G
• 232 Summary expenditure returns for post-commencement elections under new ss 125 and 125A
• 233 Summary expenditure returns for particular third parties for post-commencement elections under former s 125A
• 234 Disclosure period for dedicated accounts under new ss 127AA and 127AB
• 235 Notice of dedicated account under new s 127BA
• 236 Notice of endorsement of candidates under new s 135A
• 237 Existing records under former s 196
• SCHEDULE 1
• SCHEDULE 2