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ELECTORAL ACT 1985

Table of Provisions

PART 1--Preliminary

  • 1 Short title
  • 4 Interpretation

PART 2--Administration

Division 1--The Electoral Commissioner and Deputy Electoral Commissioner

  • 5 Appointment of Electoral Commissioner and Deputy Electoral Commissioner
  • 6 Acting appointments
  • 7 Remuneration and conditions of office

Division 2--The powers and functions of the Electoral Commissioner and the Deputy Electoral Commissioner

Division 3--Staff of the Electoral Commissioner

  • 12 Staff
  • 13 Candidates and persons holding official positions in political parties not to be electoral officers

PART 3--Electoral districts and subdivisions

Division 1--Electoral districts

Division 2--Electoral subdivisions

Division 3--District returning officers

Division 4--District polling places

PART 4--Electoral rolls

Division 1--District and subdivisional rolls

Division 2--Information to be contained in rolls

  • 20 Information to be contained on the roll
  • 21 Suppression of elector's address

Division 3--Revision of the rolls

Division 4--Keeping, printing and inspection of the rolls

Division 5--Power to require information

  • 27 Power to require information

Division 5A--Provision of certain information

  • 27A Provision of certain information

Division 6--Joint Commonwealth-State arrangements

  • 28 Collaboration with the Commonwealth

PART 5--Enrolment

Division 1--Entitlement to enrolment

  • 29 Entitlement to enrolment

Division 2A--Itinerant persons

  • 31A Itinerant persons

Division 3--Compulsory enrolment and transfer

  • 32 Making of claim for enrolment or transfer of enrolment
  • 32A Notification of transfer within the same subdivision
  • 32B Enrolment or transfer of enrolment

Division 4--Objections

  • 33 Right of objection
  • 34 Elector to have opportunity to be heard on objection
  • 35 Determination of objection

PART 6--Registration of political parties

  • 36 Definitions and related provisions
  • 37 Registration of political parties
  • 38 Register of Political Parties
  • 39 Application for registration
  • 40 Order in which applications are to be determined
  • 41 Publication of notice of application
  • 42 Registration
  • 42A Registered officers
  • 43 Changes to Register
  • 43A Annual returns and other inquiries
  • 44 Voluntary de-registration
  • 45 De-registration of political party
  • 46 De-registration
  • 46A False statements
  • 46B Membership information to be confidential

PART 7--Writs for elections

  • 47 Issue of writ
  • 48 Contents of writ
  • 49 Deferral of election
  • 50 Failure of election

PART 8--Preparations for an election

Division 1--Nomination

  • 51 Candidates must be nominated
  • 52 Qualifications of candidate
  • 53 Multiple nominations of candidates endorsed by political party
  • 53A Nomination of candidate by a person
  • 54 Declaration of nominations
  • 55 Proceedings on nomination day
  • 56 Death of candidate after nomination
  • 57 Deposit to be forfeited in certain cases

Division 2--Ballot papers

Subdivision 1--Ballot papers for a Legislative Council election
  • 58 Grouping of candidates in Legislative Council election
  • 59 Printing of Legislative Council ballot papers
  • Subdivision 2--Ballot papers for a House of Assembly election
  • 60 Ballot papers for House of Assembly elections
  • 60A Voting tickets
  • Subdivision 3--Ballot papers generally
  • 61 Form of ballot papers
  • 62 Printing of descriptive information on ballot papers
  • 64 Photographs of candidates

Division 3--Establishment and staffing of polling booths

Division 4--Scrutineers

  • 67 Appointment of scrutineers

Division 5--Certified list of electors

PART 9--Voting

Division 1--Entitlement to vote

  • 69 Entitlement to vote
  • 70 Errors etc in roll not to forfeit entitlement to vote

Division 2--General provisions as to voting

Division 3--Indication of vote

  • 76 Method of voting at elections

Division 4--Voting at polling booths

Division 5--Declaration voting

Division 5A--Electronically assisted voting for sight-impaired electors

  • 84A Electronically assisted voting for sight-impaired electors
  • 84B Applying provisions of Act to elector using electronic assisted voting
  • 84C Electoral Commissioner may determine that electronically assisted voting is not to be used

Division 6--Compulsory voting

  • 85 Compulsory voting

Division 7--Miscellaneous

  • 86 Presiding officer may appoint substitute
  • 87 Ballot boxes or other facilities to be kept secure
  • 88 Adjournment of polling

PART 10--The scrutiny

Division 1--Preliminary

Division 2--Interpretation and validity of ballot papers

  • 92 Interpretation of ballot papers in Legislative Council elections
  • 93 Interpretation of ballot papers in House of Assembly elections
  • 94 Informal ballot papers

Division 3--Counting of votes

  • 95 Scrutiny of votes in Legislative Council election
  • 96 Scrutiny of votes in House of Assembly election

Division 3A--Computer vote counting in Legislative Council elections

  • 96A Application of Division
  • 96B Approval of computer program
  • 96C Protection of approved computer program from interference
  • 96D Use of approved computer program in election
  • 96E Manual counting of votes not prevented

Division 4--Re-count

  • 97 Re-count

PART 11--The return of the writs

  • 98 Return of writ for election of members of the Legislative Council
  • 99 Declaration of poll and return of writs for House of Assembly

PART 12--Reviews and Court of Disputed Returns

Division 1--Reviews

Division 2--Disputed elections and returns

  • 102 Method of disputing elections
  • 103 The Court of Disputed Returns
  • 104 Requisites of petition
  • 105 Respondents to petitions
  • 106 Principles to be observed
  • 107 Orders that the Court is empowered to make
  • 108 Decisions to be final

PART 13--Offences

Division 1--Bribery, undue influence etc

Division 2--Electoral advertisements, commentaries and other material

Division 3--Offences related to the conduct of an election

Division 4--Employers

  • 130 Employers to allow employees leave of absence to vote

PART 13A--Election funding, expenditure and disclosure

Division 1--Preliminary

  • 130A Interpretation
  • 130B Objects of Part
  • 130C Application of Part

Division 2--Agents

  • 130D Interpretation
  • 130E Appointment of agents by parties, candidates and groups
  • 130F Third parties may appoint agents
  • 130G Requisites for appointment
  • 130H Registration of agents
  • 130I Termination of appointment of agent
  • 130J Responsibility for action in case of political parties

Division 3--State campaign accounts

  • 130K Requirement to keep State campaign account
  • 130L Gifts to be paid into State campaign account
  • 130M Payments into State campaign account
  • 130N State campaign account to be used for political expenditure

Division 4--Public funding of candidates and groups for elections

  • 130O Interpretation
  • 130P General entitlement to funds
  • 130Q Payment not to be made or to be reduced in certain circumstances
  • 130R Making of payments
  • 130S Death of candidate

Division 5--Special assistance funding for political parties

  • 130T Preliminary
  • 130U Entitlement to and claims for half yearly entitlement to special assistance funding
  • 130V Making of payments
  • 130W Special assistance funding not to be used for political expenditure

Division 6--Limitations on political expenditure

  • 130X Interpretation
  • 130Y Application of Division
  • 130Z Expenditure caps
  • 130ZA Prohibition on political expenditure in excess of expenditure cap during capped expenditure period
  • 130ZB Regulation of political expenditure by parties and candidates endorsed by parties
  • 130ZC Prohibition on arrangements to avoid applicable expenditure cap

Division 7--Disclosure of donations

  • 130ZD Interpretation
  • 130ZE Division not to apply to gifts returned within 6 weeks
  • 130ZF Returns by certain candidates and groups
  • 130ZG Gifts, loans to candidates etc
  • 130ZH Gifts to relevant entities
  • 130ZI Special reporting of large gifts
  • 130ZJ Certain gifts not to be received
  • 130ZK Certain loans not to be received
  • 130ZL Limitation on entry fees for certain events

Division 8--Returns

  • 130ZM Interpretation
  • 130ZN Returns by registered political parties
  • 130ZO Returns by associated entities
  • 130ZP Returns by third parties
  • 130ZQ Returns relating to political expenditure during capped expenditure period
  • 130ZR Annual returns relating to political expenditure
  • 130ZS Annual returns relating to gifts received for political expenditure
  • 130ZT Related matters

Division 9--Related matters

  • 130ZV Audit certificates
  • 130ZW Auditor to give notice of contravention
  • 130ZX Electoral Commissioner to determine manner in which returns to be furnished
  • 130ZY Public inspection of returns
  • 130ZZ Nil returns
  • 130ZZA Records to be kept
  • 130ZZB Investigation etc
  • 130ZZC Inability to complete returns
  • 130ZZD Amendment of returns
  • 130ZZE Offences
  • 130ZZF Non-compliance with Part does not affect election
  • 130ZZG Appropriation
  • 130ZZH Regulations

PART 14--Miscellaneous

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