Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

ELECTORAL ACT 2004 (NO. 51 OF 2004)


TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Electoral matter
   5.      Election expenditure

   PART 2 - Administration

           Division 1 - Tasmanian Electoral Commission

   6.      Establishment
   7.      Constitution
   8.      Members
   9.      Functions and powers of Commission
   10.     Commission not subject to direction or control
   11.     Delegation
   12.     Proceedings by or against Commission
   13.     Annual and other reports

           Division 2 - Electoral Commissioner

   14.     Appointment of Commissioner
   15.     Functions and powers
   16.     Delegation
   17.     Tenure and conditions
   18.     Remuneration
   19.     Leave of absence
   20.     Resignation
   21.     Suspension or removal of Commissioner
   22.     Supplementary provisions relating to Commissioner
   23.     Deputy Commissioner

           Division 3 - Returning officers and election officials

   24.     Returning officers
   25.     Acting returning officer
   26.     Election officials
   27.     Conditions of employment
   28.     Returning officer or election official to cease to hold office on becoming a candidate
   29.     Staff of Commission

   PART 3 - Enrolment

   30.     State roll
   31.     Entitlement to enrolment
   32.     Enrolment
   33.     Enrolment forms and procedures
   34.     Compulsory enrolment and transfer
   35.     Joint roll arrangement with Commonwealth
   36.     Particulars contained on State roll
   37.     Division rolls
   38.     Public inspection of roll
   39.     Preparation of election and candidate rolls
   40.     Supply of rolls
   41.     Permitted use of rolls
   42.     Persons to provide information
   43.     Power of Commission to amend election roll

   PART 4 - Registration of Political Parties

   44.     Application to register party
   45.     Publication of application for registration
   46.     Objections to registration of party
   47.     Grounds for rejecting application for registration
   48.     Commission to accept or reject application for registration
   49.     Right of appeal to Supreme Court
   50.     Registration of political parties
   51.     Publication of decision
   52.     Party register
   53.     Performance or exercise of registered officer's functions and powers by deputy registered officer
   54.     Adding to list of registered members
   55.     Deleting registered member
   56.     Change of registered officer
   57.     Change of party name or ballot paper name
   58.     Review of party register
   59.     Cancellation of registration of party: failure to return review of party registration form
   60.     Cancellation of registration of party: less than 100 registered members
   61.     Cancellation of registration of party on application
   62.     Operation of Part suspended on issue of writ for election

   PART 5 - Conduct of Elections

           Division 1 - Writs for holding elections

   63.     Issue of writs for Assembly general election
   64.     Issue of writ for Assembly by-election
   65.     Issue of writs for Council periodic elections
   66.     Issue of writ for Council by-election
   67.     Contents of writ for election
   68.     Writ directed to returning officer
   69.     Nomination day
   70.     Polling day
   71.     Day for return of writ
   72.     Duties of returning officer on receipt of writ
   73.     Extension of time
   74.     Fresh writ to be issued where election fails or partially fails

           Division 2 - Nominations for election

   75.     Persons who may be nominated and elected
   76.     Persons ineligible for nomination
   77.     How and when nomination takes place
   78.     Declaration by candidate
   79.     Returning officer to endorse nomination
   80.     Ballot paper name of candidate
   81.     Names of registered parties on ballot papers
   82.     Multiple nominations
   83.     Withdrawal of nomination of candidate for election
   84.     Nominations invalid due to name of candidate
   85.     Right of appeal to Supreme Court in relation to invalid name
   86.     Disposal of deposit lodged for election
   87.     Announcement of candidates
   88.     Election without poll
   89.     Election with poll
   90.     Death of candidate at election

           Division 3 - Arrangements for polling

   91.     Polling places
   92.     Ordinary, pre-poll and mobile polling places
   93.     Appointment of polling places
   94.     Hours of polling
   95.     Commissioner to make arrangements for polling

           Division 4 - Ballot papers

   96.     Preparation and printing of ballot papers
   97.     Design of Assembly ballot papers
   98.     Design of Council ballot papers
   99.     Printing of names on ballot papers
   100.    Instructions on ballot papers
   101.    Preparation of additional ballot papers
   102.    Marking of ballot papers
   103.    Informal ballot papers

           Division 5 - Scrutineers

   104.    Appointment of scrutineers
   105.    Presence of scrutineers
   106.    Scrutineering

           Division 6 - Entitlement to vote

   107.    Entitlement to vote

           Division 7 - Voting at ordinary, pre-poll and mobile polling places

   108.    Entitlement to vote within division
   109.    Requesting ballot paper
   110.    Election official to issue ballot paper
   111.    Issue of ballot paper to be recorded on certified copy of election roll
   112.    Vote to be marked in private
   113.    Assistance to certain electors at polling places
   114.    Mobile polling not to take place on medical grounds
   115.    Entitlement to vote – absent from division
   116.    Entitlement to vote – not on roll
   117.    Entitlement to vote – already marked off roll
   118.    Issuing declaration vote

           Division 8 - General provisions at polling places and other places where ballot papers are sorted, checked or counted

   119.    Powers of returning officer, election official and police officer at polling place or place where ballot material is sorted, checked or counted
   120.    Persons entitled to be present at polling place or place where ballot material is sorted, checked or counted
   121.    Ballot box to be exhibited and sealed
   122.    Close of polling – electors present may vote
   123.    Spoilt ballot papers
   124.    Adjournment of polling

           Division 9 - Postal voting

   125.    Entitlement to postal vote
   126.    Application for postal vote
   127.    General postal voters
   128.    Issue of postal votes
   129.    Issue of replacement postal votes
   130.    Postal voting procedure

           Division 10 - Polling in Antarctica, remote areas and outside Tasmania

   131.    Commission to approve procedures for voting in Antarctica and remote areas
   132.    Commission to approve procedures for voting while outside Tasmania
   133.    Entitlement to vote in Antarctica, remote areas or outside Tasmania
   134.    Votes from Antarctica, remote areas or outside Tasmania to be counted with postal votes
   135.    Requirements for voting procedures in Antarctica, remote areas or outside Tasmania
   136.    Votes from Antarctica, remote areas or outside Tasmania not to be disclosed

           Division 11 - Preliminary scrutiny of declaration votes and postal votes

   137.    Commission to approve procedures for managing declaration votes and postal votes
   138.    Preliminary scrutiny of declaration votes other than postal votes
   139.    Preliminary scrutiny of postal votes

           Division 12 - Counting votes

   140.    Certain polling places may be combined for counting
   141.    Procedure at conclusion of polling at ordinary polling place
   142.    Procedure at conclusion of pre-poll or mobile polling
   143.    Admitted declaration votes to be counted
   144.    Returning officer to recheck and finalise first preference counts
   145.    Returning officer to distribute further preference votes
   146.    Ballot papers may be recounted
   147.    Ballot papers lost or destroyed
   148.    Declaration of poll and return of writ
   149.    Returning officer to forward results and election material to Commission

           Division 13 - Custody of election material

   150.    Preservation of election material
   151.    Examination of election material

           Division 14 - Compulsory voting

   152.    Compulsory voting
   153.    Notice of failure to vote
   154.    Second notice – no response
   155.    Determination of valid and sufficient reason
   156.    Determination notice – reason not accepted
   157.    Option to pay penalty

   PART 6 - Electoral Expenditure in respect of Council Elections

           Division 1 - Candidate's expenditure

   158.    Election agent
   159.    Who may incur expenditure
   160.    Candidate's expenditure limit
   161.    Lodgment of candidate's election expenditure return

           Division 2 - Party expenditure

   162.    Party not to incur election expenditure

           Division 3 - Provisions relating to candidate's expenditure

   163.    Commission to check returns
   164.    Return available for public inspection
   165.    Power of Commission to require information

   PART 7 - Offences

           Division 1 - General offences

   166.    Use of roll for other than permitted purpose
   167.    Prohibited disclosure or commercial use of rolls
   168.    Offence to induce elector not to vote
   169.    Unlawfully marking ballot paper
   170.    Possession of forged ballot paper
   171.    Failure to deliver postal vote, &c.
   172.    Offences by scrutineers
   173.    Offences by election official
   174.    Unauthorised access to election material

           Division 2 - Offences relating to polling places

   175.    Offences within polling place
   176.    Persons removed from polling place not to re-enter without permission
   177.    Offences within 100 metres of polling place
   178.    Offence relating to polling places access
   179.    Election official not to act improperly

           Division 3 - Failure to enrol or vote

   180.    Offence to fail to enrol
   181.    Offence to fail to vote

           Division 4 - Corrupt practices

   182.    Interpretation: Division 4
   183.    False or misleading statements or declarations
   184.    Signing electoral papers
   185.    Witnessing electoral papers
   186.    Offences relating to voting
   187.    Electoral bribery
   188.    Electoral treating
   189.    Electoral intimidation

           Division 5 - Offences relating to advertising and other campaigning

   190.    Interpretation for purposes of Division
   191.    Campaign material to be authorised
   192.    Authorisation not required on specified items
   193.    Newspaper and periodical reportage and commentary
   194.    Letters to the editor
   195.    Advertisements and advertorials
   196.    Candidate names not to be used without authority
   197.    Misleading and deceptive electoral matter
   198.    Campaigning on polling day

           Division 6 - Offences relating to electoral expenses

   199.    Offences relating to electoral expenses

           Division 7 - Continuing offences

   200.    Continuing offences

   PART 8 - Disputed elections, eligibility and vacancies

           Division 1 - Interpretation

   201.    Interpretation: Part 8

           Division 2 - Jurisdiction and powers of Supreme Court

   202.    Jurisdiction of Supreme Court to hear and determine application
   203.    Rules of Court
   204.    Application of Supreme Court Rules

           Division 3 - Disputed elections

   205.    Election may be disputed
   206.    Entitlement to lodge application
   207.    Form of application
   208.    Application to be accompanied by deposit
   209.    Time for lodging application
   210.    Application to be served
   211.    Parties to application
   212.    Hearing of application
   213.    Inquiries by Court
   214.    Withdrawal of application made under section 205
   215.    Determination of application under section 205
   216.    Date of effect of orders
   217.    Costs of application
   218.    Limitation on taking effect of orders under this Part
   219.    Appeals

           Division 4 - Reference to Supreme Court of qualifications, vacancies and eligibility

   220.    Reference to Supreme Court of questions as to qualification, vacancy or eligibility
   221.    Speaker or President to state case
   222.    Parties to reference
   223.    Powers of Supreme Court on hearing of reference under section 220
   224.    Determination, &c., to be sent to House affected
   225.    Application of certain sections of this Act to reference under section 220

   PART 9 - Casual vacancies in Assembly

   226.    Procedure if vacancy occurs in Assembly
   227.    Qualifications to contest recount to fill vacancy in Assembly
   228.    How and when to nominate to contest recount
   229.    Announcement of nominations to contest recount
   230.    Election without recount
   231.    Election with recount
   232.    When by-election to be conducted rather than recount

   PART 10 - Miscellaneous

   233.    Injunctions
   234.    Evidentiary provisions
   235.    Ballot papers, &c., to be evidence
   236.    Certain crimes to be tried by justices
   237.    Prosecutions for offences involving corrupt or illegal practices
   238.    Immaterial errors not to void election
   239.    Disqualification from being elected, &c.
   240.    Costs and expenses of election
   241.    Disposal of money received by election official or returning officer
   242.    Regulations
   243.    Administration of Act
   244.    Savings and transitional
   245.    Consequential amendments
   246.    Act repealed
           SCHEDULE 1 - Membership of Commission
           SCHEDULE 2 - Meetings of Commission
           SCHEDULE 3 - Printing and collation of ballot papers
           SCHEDULE 4 - Method of counting votes recorded at assembly election
           SCHEDULE 5 - Method of counting votes recorded at council election
           SCHEDULE 6 - Method of filling vacancy arising in House of Assembly
           SCHEDULE 7 - Savings and Transitional
           SCHEDULE 8 - Consequential Amendments
           SCHEDULE 9 - Act repealed


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback