Commonwealth Electoral Amendment Act 1987

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Commonwealth Electoral Amendment Act 1987

No. 35 of 1987

table of provisions

Section

1. Short title etc.

2. Commencement

3. Interpretation

4. Insertion of new sections:

4a. Extraterritorial operation of Act

4b. Act to bind Crown

4c. Registered officer of political party

5. Times at which redistributions are to commence

6. Redistribution Committee for State

7. Redistribution Committee to make proposed redistribution

8. Insertion of new section:

67a. Outline of proposed redistribution

9. Notice of proposed redistribution

10. Objections against proposed redistribution

11. Augmented Electoral Commission

12. Consideration of objections

13. Redistribution of State or Australian Capital Territory

14. Copies of certain documents to be forwarded to the Minister

15. Mini-redistribution

16. Compulsory enrolment and transfer

17. Registration of claims

18. Repeal of Part XII

19. Mode of nomination

20. Repeal of sections 168 and 169 and substitution of new sections:

168. Grouping of candidates

169. Notification of party endorsement

169a. Notification of independent candidacy

169b. Verification of party endorsement

169c. Combination of requests and nominations


TABLE OF PROVISIONS—continued

Section

21. Requisites for nomination

22. Rejection of nominations and requests

23. Printing of Senate ballot-papers

24. Insertion of new section:

210a. Form of party name on ballot-papers

25. Group voting tickets

26. Insertion of new section:

211a. Individual voting tickets

27. Repeal of section 214 and substitution of new section:

214. Printing of political party names etc. on ballot-papers

28. Repeal of section 216 and substitution of new section:

216. Group voting tickets to be displayed

29. Repeal of section 228 and substitution of new section:

228. Forwarding of declaration votes

30. Voters to be recorded

31. Scrutiny of votes in Senate elections

32. Scrutiny of votes in House of Representatives elections

33. Extension of time

34. Interpretation

35. Expenditure incurred for political purposes

36. Repeal of section 312

37. Insertion of new section:

319a. Amendment of claims and returns

38. Public may obtain copies of claims and returns

39. Printing and publication of electoral advertisements, notices etc.

40. Heading to electoral advertisements

41. Authors of reports etc. to be identified

42. Insertion of new section in Part XXIII:

381a. Extension of time for acts by officers

43. Forms

44. Further amendments of Principal Act

SCHEDULE

Commonwealth Electoral Amendment Act 1987

No. 35 of 1987

 

An Act to amend the Commonwealth Electoral Act 1918 and for related purposes

[Assented to 3 June 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Commonwealth Electoral Amendment Act 1987.

(2) The Commonwealth Electoral Act 19181 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Interpretation

3. Section 4 of the…

Overview

The Commonwealth Electoral Amendment Act 1987 (No. 35 of 1987) was enacted to amend the Commonwealth Electoral Act 1918 and address several gaps and issues in the electoral process. This Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. One of the primary objectives of this Act is to update and streamline various aspects of the electoral process, including the nomination process, the printing of names on ballot papers, and the scrutiny of votes. The Act also introduces changes to the electoral advertising laws and the regulation of political expenditure. The Commonwealth Electoral Amendment Act 1987 encompasses a wide range of provisions that modify existing sections of the Commonwealth Electoral Act 1918 and introduce new sections to address the identified gaps and issues.

Scope and Application

The Commonwealth Electoral Amendment Act 1987 amends the Commonwealth Electoral Act 1918 (Cth), a federal statute governing the conduct of elections for the Parliament of Australia. The Commonwealth Electoral Amendment Act 1987 applies to the Commonwealth of Australia and extends to officers outside Australia. The Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory, but does not render the Crown liable to be prosecuted for an offence. The Act applies to all persons, including individuals, political parties, and candidates for election to the Federal Parliament, as well as officers of the Australian Electoral Commission and other relevant electoral officials. The Act regulates electoral matters, including the conduct of elections, nomination processes, the distribution of electoral divisions, and the printing and publication of electoral advertisements and notices. The Act also governs the expenditure incurred for political purposes, the scrutiny of votes, and the amendment of claims and returns. The Act does not specify any exclusions, exemptions, or thresholds. The Act may be extended or restricted in application through subordinate instruments, such as regulations or guidelines issued by the relevant authorities.

Key Provisions

  • The Commonwealth Electoral Amendment Act 1987 amends the Commonwealth Electoral Act 1918 by introducing new sections and modifying existing provisions to enhance electoral processes and governance. Key changes include the extraterritorial operation of the Act, which now extends to officers outside Australia, and the binding effect of the Act on the Crown, although it does not render the Crown liable for prosecution (Section 4a and 4b). The Act specifies that references to the registered officer of a political party include any deputy registered officer nominated in writing and lodged with the Commission (Section 4c). Redistributions of electoral divisions are to commence within 30 days of certain events (Section 5), and the Redistribution Committee for a State may publicly outline its redistribution plans before the publication of a notice (Section 67a).
  • The Act imposes several obligations on parties and entities. For instance, the registered officer of a political party must nominate any deputy registered officer in writing and lodged with the Commission (Section 4c). Electoral Commissions are required to consider objections to proposed redistributions and make public announcements regarding their findings and proposals (Sections 72 and 10). Additionally, the Act mandates the compulsory enrolment and transfer of enrolments during specific periods related to elections (Section 16). The Electoral Commission is authorised to amend claims or returns to correct formal errors or defects (Section 319a).
  • Failure to comply with the Act’s provisions can result in civil or criminal penalties. For example, electoral matter published or broadcasted without proper identification of the author is subject to penalties (Section 332). Furthermore, the Act imposes penalties for breaches related to electoral expenditure, requiring disclosure of certain expenditures incurred for political purposes (Section 305). The maximum penalty for offences under the Act can vary, but it generally includes fines and imprisonment terms as specified in the respective sections.
  • Overall, the Commonwealth Electoral Amendment Act 1987 introduces significant changes aimed at refining the electoral process, ensuring transparency, and maintaining the integrity of elections in Australia.

Legal classification tags

Area of Law
Election Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.