ELECTORAL ACT 2004 (NO. 51 OF 2004)
ELECTORAL ACT 2004 (NO. 51 OF 2004)
- Act 51 of 2004 - Royal Assent 17 December 2004 TABLE OF PROVISIONS Long Title 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 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 9[ Note: This table has been automatically generated and may be incomplete. ]