Electoral Act 1992 (Qld)
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Electoral Act 1992
An Act relating to the parliamentary elections, and for other purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Electoral Act 1992.
2 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
3 Average number of enrolled electors for electoral districts
(1)In this Act—average number of enrolled electors for electoral districts means the number worked out by dividing the total number of enrolled electors for all electoral districts by 93.(2)If the number includes a fraction, the number must be rounded to the nearest whole number (rounding one-half upwards).
4 When electoral redistribution etc. becomes final
For the purpose of this Act, any electoral redistribution undertaken under this Act becomes final when all appeals, and proceedings in relation to appeals, that have been instituted under section 57 have been determined and the time for all such appeals and proceedings to be instituted has passed.
5 Related political parties
For the purposes of this Act, 2 political parties are related political parties if—(a)1 is a part of the other; or(b)both are parts of the same political party.
Part 2 Administration
Division 1 The electoral commission
6 Establishment of Electoral Commission of Queensland etc.
(1)A commission called the Electoral Commission of Queensland is established.(2)When the commission is performing its functions under part 3, the commission consists of the following commissioners—(a)the chairperson;(b)the electoral commissioner;(c)1 other commissioner.(3)When the commission is performing its functions other than its functions under part 3, the commission consists solely of the electoral commissioner.(4)The chairperson and the nonjudicial appointee—(a)are to be appointed by the Governor in Council; and(b)hold office on a part-time basis.(5)The person appointed as chairperson must—(a)be a judge or former judge of a court of the Commonwealth or a State or Territory; and(b)have been a judge for at least 3 years.(6)A person appointed as the nonjudicial appointee must be—(a)the chief executive of a department; or(b)the holder of an office established by or under an Act that the Governor in Council considers to be equivalent to the chief executive of a department.(7)A person may be appointed as the chairperson or nonjudicial appointee only if the Minister has consulted—(a)with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and(b)with the parliamentary committee about—(i)the process of selection for appointment; and(ii)the appointment of the person as the chairperson or nonjudicial appointee.
7 Functions and powers of commission
(1)The functions of the commission are to—(a)perform functions that are permitted or required to be performed by or under this Act, other than functions that a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; and(b)conduct a review of the appropriateness of the number of electoral districts whenever the Minister requests it, in writing, to conduct such a review, and report to the Minister the results of the review; and(c)consider, and report to the Minister on—(i)electoral matters referred to it by the Minister; and(ii)such other electoral matters as it considers appropriate; and(d)promote public awareness of electoral matters by conducting education and information programs and in other ways; and(e)implement strategies to encourage persons, particularly those belonging to groups with traditionally low enrolment rates, to enrol as electors; and(f)implement strategies to maintain the integrity of the electoral rolls; and(g)administer, and promote compliance with—(i)part 11; and(ii)the Local Government Electoral Act 2011, part 6; and(h)provide information and advice on electoral matters to the Legislative Assembly, the government, departments and government authorities; and(i)conduct and promote research into electoral matters and other matters that relate to its functions; and(j)publish material on matters that relate to its functions; and(k)perform any other functions that are conferred on it by or under another Act.(2)The commission (the Queensland commission) may perform any of its functions under subsection (1)(d) to (i) in conjunction with the Australian Electoral Commission.(3)The Governor may arrange with the Governor-General for the performance by the Australian Electoral Commission of any functions on behalf of the Queensland commission.(4)The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.
8 Queensland redistribution commission
When performing its functions under part 3, the commission is to be known as the Queensland Redistribution Commission.
9 Tenure and terms of office
(1)An appointed commissioner holds office, subject to this division, for such term (not longer than 7 years) as is specified in the commissioner’s instrument of appointment.(2)If the nonjudicial appointee was at the time of appointment the chief executive of a department, the person ceases to hold office if the person no longer holds office as chief executive of a department.(3)If the nonjudicial appointee was at the time of appointment the holder of an office mentioned in section 6(6)(b), the person ceases to hold office if the person no longer holds that office and does not hold office as chief executive of a department.(4)An appointed commissioner holds office on such terms, relating to remuneration and other matters not provided for by this Act, as are determined by the Governor in Council.(5)An appointed commissioner is to be appointed under this Act, and not under the Public Sector Act 2022.
10 Leave of absence
The commission may grant an appointed commissioner leave of absence from a meeting of the commission.
11 Resignation
An appointed commissioner may resign office by signed notice given to the Governor.
12 Disclosure of interests
(1)A commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the commission must, as soon as possible after the relevant facts have come to the commissioner’s knowledge, disclose the nature of the interest at a meeting of the commission.(2)The disclosure must be recorded in the minutes of the meeting of the commission and the commissioner must not, unless the Minister otherwise determines—(a)be present during any deliberation of the commission in relation to the matter; or(b)take part in any decision of the commission in relation to the matter.
13 Termination of appointment
The Governor in Council must terminate the appointment of an appointed commissioner if the appointed commissioner—(a)accepts nomination for election to an Australian parliament; or(b)becomes a member of a political party; or(c)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or(d)is absent, without the commission’s leave and without reasonable excuse, from 3 consecutive meetings of the commission; or(e)contravenes section 12 without reasonable excuse.
14 Acting appointments
The Governor in Council may appoint a person to act as an appointed commissioner—(a)during a vacancy in the office; or(b)during any period, or all periods, when the appointed commissioner is absent from duty or from Australia or is, for another reason, unable to perform the functions of the office.
15 Meetings of commission
(1)The chairperson may, at any time, convene a meeting of the commission.(2)If the chairperson is absent or otherwise unavailable to perform the chairperson’s duties and no one is acting as chairperson, the electoral commissioner may convene a meeting of the commission.(3)The chairperson must convene such meetings of the commission as, in the chairperson’s opinion, are necessary for the efficient performance of its functions.(4)At a meeting of the commission, 2 commissioners constitute a quorum.(5)The chairperson must preside at all meetings of the commission at which the chairperson is present.(6)If the chairperson is not present at a meeting of the commission, the commissioners present must choose 1 of them to preside.(7)Questions arising at a meeting of the commission are to be determined by a majority of the votes of the commissioners present and voting.(8)The person presiding at a meeting of the commission has a deliberative vote and, if the votes on a question are equal, also has a casting vote.(9)If, at a meeting of the commission at which only 2 commissioners are present (other than a meeting from which a commissioner is absent because of section 12), the commissioners differ in opinion on any matter, the determination of the matter must be postponed to a meeting of the commission at which all commissioners are present.(10)The commission may regulate the conduct of proceedings at its meetings as it considers appropriate.(11)This section applies to the commission only when it is performing its functions under part 3.
16 Estimates
(1)The commission must give the Minister a statement in relation to each financial year setting out—(a)estimates of the commission’s receipts and expenditure for the financial year; and(b)the purpose of the expenditure; and(c)the commission’s receipts and expenditure for the previous financial year; and(d)if the commission has previously given the Minister a statement under this section in relation to the previous financial year—the estimates of receipts and expenditure set out in the statement.(2)The commission must comply with any request by the Minister relating to the time when the statement is to be given to the Minister.
17 Delegation by commission
(1)The commission may, by resolution, delegate to a commissioner, a senior electoral officer or a member of the commission’s staff its powers under part 3 (other than under sections 44 to 46 or section 50).(2)A certificate signed by the chairperson stating any matter with respect to a delegation of a power under subsection (1) is prima facie evidence of the matter.(3)The commission must not delegate its power under section 235(1).(4)The electoral commissioner may delegate to the deputy electoral commissioner or a member of the commission’s staff the commission’s powers under this Act (other than under part 3 or section 235(1).(5)A certificate signed by the electoral commissioner, stating any matter with respect to a delegation of power under subsection (4) is prima facie evidence of the matter.(6)A document purporting to be a certificate under subsection (2) or (5) is taken to be such a certificate unless the contrary is established.
18 Reports by commission
(1)As soon as practicable after, but not more than 4 months after, the end of each financial year, the commission must give to the Minister a report of the commission’s operations during that year.(2)The commission must, as soon as practicable after the return of the writ for an election, give to the Minister a report on the operation of part 7 in relation to the election.(3)The Minister must cause a copy of each report given to the Minister (whether under this section or otherwise) to be laid before the Legislative Assembly within 3 sitting days after the Minister receives the report.
19 Electoral officer accountable officer
For the Financial Accountability Act 2009, the electoral commissioner is the accountable officer of the commission.
Division 2 Electoral commissioner and deputy electoral commissioner
20 Electoral commissioner
There is to be an electoral commissioner.
21 Deputy electoral commissioner
(1)There may be a deputy electoral commissioner.(2)Subject to any directions by the commission, the deputy electoral commissioner is to perform such duties as the electoral commissioner directs.(3)The deputy electoral commissioner is to act as the electoral commissioner—(a)during vacancies in the office of the electoral commissioner; or(b)during periods when the electoral commissioner is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.(4)While the deputy electoral commissioner is acting as electoral commissioner—(a)the deputy electoral commissioner has all the powers and functions of the electoral commissioner; and(b)this Act and other Acts apply to the deputy electoral commissioner as if the deputy electoral commissioner were the electoral commissioner.(5)Anything done by or in relation to the deputy electoral commissioner while the deputy electoral commissioner is purporting to act as electoral commissioner is not invalid merely because the occasion for the deputy electoral commissioner to act had not arisen or had ceased.
22 Terms and conditions of appointment etc.
(1)A senior electoral officer is to be appointed by the Governor in Council.(2)A person may be appointed as a senior electoral officer only if—(a)press advertisements have been placed nationally calling for applications from suitably qualified persons to be considered for appointment; and(b)the Minister has consulted—(i)with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and(ii)with the parliamentary committee about—(A)the process of selection for appointment; and(B)the appointment of the person as the senior electoral officer.(3)Subsection (2)(a) and (b)(i) does not apply to the reappointment of a person as senior electoral officer.(4)A person who is a member of a political party is not to be appointed as a senior electoral officer.(5)A senior electoral officer holds office, subject to this part, for such term (not longer than 7 years) as is specified in the senior electoral officer’s instrument of appointment.(6)A senior electoral officer is to be appointed under this Act, and not under the Public Sector Act 2022.(7)If an officer of the public service is appointed as a senior electoral officer, the person retains and is entitled to all rights that have accrued to the person because of employment as an officer of the public service, or that would accrue in the future because of that employment, as if service as a senior electoral officer were a continuation of service as an officer of the public service.(8)A senior electoral officer holds office on such terms, relating to remuneration and other matters not provided for by this Act, as are determined by the Governor in Council.
23 Leave of absence
(1)The Minister may grant leave of absence to the electoral commissioner on such terms as the Minister determines.(2)The commission may grant leave of absence to the deputy electoral commissioner on such terms as the commission determines.
24 Resignation
A senior electoral officer may resign office by signed notice given to the Governor.
25 Termination of appointment
(1)The Governor in Council may terminate the appointment of a senior electoral officer for misbehaviour or physical or mental incapacity.(2)The Governor in Council must terminate a senior electoral officer’s appointment if the senior electoral officer—(a)accepts nomination for election to an Australian parliament; or(b)becomes a member of a political party; or(c)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or(d)is absent, without leave of absence and without reasonable excuse, for—(i)14 consecutive days; or(ii)28 days in any year; or(e)contravenes section 12 without reasonable excuse; or(f)engages in paid employment outside the duties of the office without the Minister’s approval.
26 Acting electoral commissioner
The Governor in Council may appoint a person, who is eligible for appointment as electoral commissioner, to act as electoral commissioner during—(a)any vacancy, or all vacancies, in the office; or(b)any period, or all periods, when the electoral commissioner is absent from duty, or can not, for another reason, perform the duties of office.
27 Acting deputy electoral commissioner
The Governor in Council may appoint a person, who is eligible for appointment as deputy electoral commissioner, to act as deputy electoral commissioner during—(a)any vacancy, or all vacancies, in the office; or(b)any period, or all periods, when the deputy electoral commissioner is absent from duty, or can not, for another reason, perform the duties of the office.
28 Notice of appointment
Notice of the appointment of a person as, or to act as, a senior electoral officer must be published in the gazette.
Division 3 Staff of the commission
29 Staff
(1)The staff of the commission consist of—(a)electoral registrars, returning officers and assistant returning officers appointed under this division; and(b)other staff necessary for the performance of the commission’s functions.(2)The staff of the commission are to be employed under the Public Sector Act 2022.(3)Subsection (2) does not apply to—(a)electoral registrars, returning officers and assistant returning officers; and(b)persons employed on a temporary basis in connection with the conduct of a particular election or referendum.(4)The commission may, on behalf of the State, employ persons on a temporary basis in connection with the conduct of a particular election or referendum.
30 Electoral registrars
(1)The Governor in Council may, on the recommendation of the commission, appoint 1 or more electoral registrars for an electoral district.(2)A person may be appointed as electoral registrar for 2 or more electoral districts.(3)Divisional returning officers under the Commonwealth Electoral Act may be appointed as electoral registrars if the appointments are made under an arrangement between the Governor and the Governor-General.(4)A person must not be appointed as an electoral registrar if the person is a member of a political party.(5)Without limiting the powers of the Governor in Council to terminate the appointment of electoral registrars, the Governor in Council must terminate the appointment of an electoral registrar if the electoral registrar becomes a member of a political party.(6)An electoral registrar must act in accordance with any directions given by the commission.
31 Returning officers
(1)The commission may appoint an elector as the returning officer for an electoral district.(2)A person must not be appointed as a returning officer if the person is—(a)a minor; or(b)a member of a political party.(3)Without limiting the powers of the commission to terminate the appointment of returning officers, the commission must terminate the appointment of a returning officer if the returning officer becomes a member of a political party.(4)A returning officer must act in accordance with any directions given by the commission.(5)A returning officer’s membership of a political party, or failure to comply with section 32A, does not invalidate—(a)anything done by the returning officer while the returning officer is a member of a political party; or(b)if the returning officer does a thing for an election while the returning officer is a member of a political party—the election.
32 Assistant returning officers
(1)The commission may appoint an elector as assistant returning officer, or electors as assistant returning officers, for an electoral district.(2)A person must not be appointed as an assistant returning officer if the person is—(a)a minor; or(b)a member of a political party.(3)Without limiting the powers of the commission to terminate the appointment of assistant returning officers, the commission must terminate the appointment of an assistant returning officer if the assistant returning officer becomes a member of a political party.(4)An assistant returning officer must assist the returning officer for the electoral district in performing the returning officer’s functions under this Act.
(5)The commission may appoint an assistant returning officer for an electoral district to act as the returning officer for the electoral district—(a)during a vacancy in the office of returning officer; or(b)during any period, or all periods, when the returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.(6)While an assistant returning officer is assisting the returning officer or acting as returning officer—(a)the assistant returning officer has all the powers and functions of the returning officer; and(b)this Act applies to the assistant returning officer as if the assistant returning officer were the returning officer.(7)The commission may appoint a person to act as an assistant returning officer during any period, or all periods, when—(a)there is not an assistant returning officer for an electoral district; or(b)the assistant returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.(8)While a person is acting as assistant returning officer—(a)the person has all the powers and functions of the assistant returning officer; and(b)this Act applies to the person as if the person were the assistant returning officer.(9)Anything done by or in relation to a person while the person is purporting to act under this section is not invalid merely because the occasion for the person to act had not arisen or had ceased.(10)An assistant returning officer must act in accordance with any directions given by the commission.(11)An assistant returning officer’s membership of a political party, or failure to comply with section 32A, does not invalidate—(a)anything done by the assistant returning officer while the assistant returning officer is a member of a political party; or(b)if the assistant returning officer does a thing for an election while the assistant returning officer is a member of a political party—the election.
32A Obligation to notify membership of political party
A returning officer or assistant returning officer must immediately notify the commission if the officer becomes a member of a political party, unless the officer has a reasonable excuse.Maximum penalty—40 penalty units.
33 Confidentiality of information
A person who is involved in the administration of this Act who gains information because of the person’s involvement in the administration must not disclose the information to anyone else other than—(a)for the purposes of this Act; or(b)under the authority of another Act; or(c)in a proceeding before a court in which the information is relevant to the issue before the court.Maximum penalty—40 penalty units or 18 months imprisonment.
Division 4 Strategic reviews
33A Strategic review of commission and commissioners
(1)Strategic reviews of the commission and commissioners are to be conducted under this division.(2)A strategic review is to be conducted at least every 5 years, counting from when the report (the earlier report) for the most recent earlier strategic review was given to the Minister and the electoral commissioner under section 33C(4), up to when the reviewer is appointed under subsection (4) to undertake the latest strategic review.(3)However, if the parliamentary committee reported to the Legislative Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001, section 107, the 5 years is counted from when the Minister’s response was tabled under that section.(4)Each strategic review is to be undertaken by an appropriately qualified person (reviewer), appointed by the Governor in Council, who is to give a report on the review under section 33C.(5)For subsection (4), a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review.(6)The terms of reference for a strategic review are to be decided by the Governor in Council.(7)Before a reviewer is appointed to conduct a strategic review, the Minister must consult with the parliamentary committee and the electoral commissioner about—(a)the appointment of the reviewer; and(b)the terms of reference for the review.(8)The remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council.(9)In this section—strategic review includes—(a)a review of the functions of the commission and commissioners; and(b)a review of the performance of the functions of the commission and commissioners to assess whether they are being performed economically, effectively and efficiently.
33B Conduct of strategic review
In conducting a strategic review—(a)the reviewer has the powers an authorised auditor has under the Auditor-General Act 2009 for an audit of an entity; and(b)that Act and other Acts apply to the reviewer as if the reviewer were an authorised auditor conducting an audit of an entity.
33C Report of strategic review
(1)The reviewer for a strategic review must give a copy of the proposed report on the review to the Minister and the electoral commissioner.(2)The electoral commissioner may, within 21 days after receiving the proposed report, give the reviewer written comments on anything in the proposed report.(3)If the electoral commissioner comments under subsection (2), the reviewer must—(a)if the reviewer and electoral commissioner can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or(b)if the reviewer and electoral commissioner can not agree about how to dispose of a comment—include the comment, in full, in the report.(4)After complying with subsections (1) and (3), the reviewer must give the report (review report) to the Minister and the electoral commissioner.(5)The review report must be the same as the proposed report given to the Minister and the electoral commissioner under subsection (1), apart from the changes made under subsection (3).(6)The Minister must table the review report in the Legislative Assembly within 3 sitting days after the Minister receives the report.(7)For the Parliament of Queensland Act 2001, section 92(2), the report is referred to the parliamentary committee.
33D Power of Minister to postpone strategic review
(1)The Minister may postpone a strategic review to be conducted under this division by not more than 2 years starting at the end of the 5-year period counted under section 33A(2) or (3).(2)The Minister may exercise the power under subsection (1) only if the Minister—(a)is satisfied the postponement is necessary having regard to the commission’s functions in conducting a general election or a quadrennial election; and(b)has consulted with, and had regard to the views of, the electoral commissioner and the parliamentary committee about the postponement and the length of the postponement.(3)The Minister may exercise the power under subsection (1) only once in each 5-year period counted under section 33A(2) or (3).(4)If the Minister exercises the power under subsection (1), the Minister must table a notice stating—(a)the length of the postponement; and(b)the reasons for the postponement.(5)The Minister must table the notice before the end of the 5-year period counted under section 33A(2) or (3).(6)In this section—quadrennial election see the Local Government Electoral Act 2011, schedule 2.
Part 3 Electoral districts and electoral redistributions
Division 1 Distribution etc. of State into electoral districts
34 Number of electoral districts for the State
There are 93 electoral districts for the State.
35 Redistribution of State into electoral districts
(1)Division 2 sets out when the need for an electoral redistribution arises.(2)Division 3 sets out how the commission undertakes an electoral redistribution.(3)As soon as practicable after the need for an electoral redistribution arises, the commission must—(a)redistribute the State into the 93 electoral districts; and(b)publish a gazette notice that states—(i)that the need has arisen; and(ii)the membership of the commission.(4)However, the commission must defer undertaking, or any further action in undertaking, an electoral redistribution until after the writ for the next general election is returned if—(a)the need for the electoral redistribution arises—(i)if the last general election was an ordinary general election—more than 28 months after the writ for the election was returned; or(ii)if the last general election was an extraordinary general election—less than 20 months before the normal polling day for the next ordinary general election; or(iii)after a writ is issued for a general election but before the writ is returned; or(b)a writ for a general election is issued while the commission is undertaking an electoral redistribution.
Division 2 When need for an electoral redistribution arises
36 Need for electoral redistribution arises in 3 circumstances
The need for an electoral redistribution arises if 1 of the following sections applies—(a)section 37;(b)section 38;(c)section 39.
37 Electoral redistribution because of changed number of electoral districts
The need for an electoral redistribution arises if this Act is amended to change the number of electoral districts for the State.
38 Electoral redistribution after 2 general elections or 7.5 years
(1)The need for an electoral redistribution arises on the later of the following days—(a)the day that is 1 year after the writ is returned for the second general election held after the previous redistribution becomes final;(b)the day that is 7.5 years after the previous redistribution becomes final.(2)In this section—previous redistribution means the last electoral redistribution under this Act that became final.
39 Electoral redistribution because of enrolment changes
(1)The need for an electoral redistribution arises if the requirement set out in section 45 would not be satisfied in respect of one-third or more of electoral districts for 2 months in a row, assuming that it were applied by reference to the number of enrolled electors and the average number of enrolled electors for electoral districts as gazetted under section 63 for each of the months.(2)For the purposes of subsection (1), it is not necessary that the requirement would not be satisfied in respect of the same one-third or more of electoral districts for the 2 months in a row.
40 Situation if need for more than 1 electoral redistribution arises
If, during the period beginning when the need for an electoral redistribution arises under section 37, 38 or 39 and ending when the electoral redistribution becomes final, the need for another electoral redistribution arises under any of those sections (including the same section)—(a)the need for the other electoral redistribution does not arise; and(b)for the purposes of any later application of section 39, any month occurring wholly or partly during the period is to be disregarded.
Division 3 How electoral redistributions are to be undertaken
41 Scope of division
(1)This division sets out the way in which the commission is to undertake an electoral redistribution.(2)The steps involved are—(a)inviting suggestions (section 42); and(b)inviting comments on the suggestions (section 43); and(c)preparing a proposed electoral redistribution (sections 44 to 46); and(d)publishing the proposed electoral redistribution (section 47); and(e)inviting objections against the proposed electoral redistribution (section 48); and(f)inviting comments on the objections (section 49); and(g)considering objections and comments (section 50); and(h)making the electoral redistribution (section 51); and(i)advertising the electoral redistribution (section 53); and(j)tabling all relevant documents (section 54).(3)The division also contains provisions relating to—(a)when the redistribution takes effect (section 52); and(b)appeals against boundaries of electoral districts (section 57).
42 Inviting suggestions
(1)As soon as practicable after the need for an electoral redistribution arises, the commission must invite suggestions from persons and bodies relating to the redistribution.(2)The invitation must be made by notice published in accordance with section 56.(3)The notice must state that suggestions are to be given to the commission in writing within 30 days after the notice is published in the gazette in accordance with section 56.
43 Inviting comments on suggestions
(1)As soon as practicable after the 30 days mentioned in section 42(3), the commission must make available for public inspection, without fee, copies of all suggestions given to it within the 30 days.(2)As soon as practicable after the 30 days, the commission must also publish a notice in accordance with section 56 that—(a)advises of the availability for inspection of the copies of the suggestions; and(b)states that any person or body may comment in writing to the commission on the suggestions within 21 days after the notice is published in the gazette in accordance with section 56.(3)As soon as practicable after the 21 days, the commission must make available for public inspection, without fee, copies of all comments given to it within the 21 days.(4)Suggestions and comments must be made available for public inspection at the commission’s office and any other places in the State that the commission considers appropriate.
44 Preparing proposed electoral redistribution
(1)As soon as practicable after the 21 days mentioned in section 43(2)(b), the commission must prepare a proposed redistribution of the State into electoral districts.(2)The proposed redistribution must include proposed names for the proposed electoral districts.(3)In preparing the proposed electoral redistribution, the commission must—(a)take into account all suggestions and comments properly made under sections 42 and 43; and(b)comply with the following sections—(i)section 45;(ii)section 46.
45 Proposed electoral redistribution must be within numerical limits
(1)In preparing the proposed redistribution, the commission must ensure that the following requirement is satisfied, as at the end of the 21 days mentioned in section 43(2)(b), for each proposed electoral district—(a)if the electoral district has an area of less than 100,000km2—that the number of enrolled electors does not differ from the average number of enrolled electors for electoral districts by more than 10%;(b)if the electoral district has an area of 100,000km2 or more—the sum of the number of enrolled electors and the additional large district number does not differ from the average number of enrolled electors for electoral districts by more than 10%.(2)In subsection (1)(b)—additional large district number means 2% of the number of km2 in the area of the electoral district.
46 Matters to be considered in preparing proposed electoral redistribution
(1)In preparing the proposed redistribution, the commission must consider the following matters—(a)the extent to which there is a community of economic, social, regional or other interests within each proposed electoral district;(b)the ways of communication and travel within each proposed electoral district;(c)the physical features of each proposed electoral district;(d)the boundaries of existing electoral districts;(e)demographic trends in the State, with a view to ensuring as far as practicable that, on the basis of the trends, the need for another electoral redistribution will not arise under section 39 before it does under section 38.(2)The commission may also consider the boundaries of local government areas to the extent that it is satisfied that there is a community of economic, social, regional or other interests within each local government area.(3)The commission may give such weight to each of the matters set out in subsections (1) and (2) as it considers appropriate.(4)It is the intention of the parliament—(a)that the way in which this section is to be applied in preparing the proposed redistribution should be for the commission alone to decide; and(b)that decisions of the commission relating to the application of this section should be final and conclusive.(5)Without limiting subsection (4), a decision of the commission about—(a)the existence of any matter mentioned in subsection (1) or (2); or(b)the weight (if any) to be given to each such matter;can not be called in question in an appeal under section 57.
47 Publishing proposed electoral redistribution
(1)As soon as practicable after the commission has prepared the proposed electoral redistribution, it must comply with this section and section 48.(2)The commission must—(a)make available for public inspection, without fee, at its office a single map showing, or a number of maps together showing, the names and boundaries of all proposed electoral districts; and(b)make available for public inspection, without fee, at its office and at any other places in the State that the commission considers appropriate—(i)a description of the boundaries of all proposed electoral districts; and(ii)its reasons for redistributing the State in the way proposed (including the reasons of any commissioner who disagrees with the redistribution in that way).(3)The commission must display, in a place to which the public has ready access, and at any other place that the commission considers appropriate, in each proposed electoral district a map showing the boundaries of the proposed electoral district.
48 Inviting objections against proposed electoral redistribution
(1)The commission must publish a notice in accordance with section 56 that—(a)advises of the availability for inspection, and the display, of the things mentioned in section 47(2) and (3); and(b)states that any person or body may object in writing to the commission against the proposed electoral redistribution within 30 days after publication of the notice in the gazette in accordance with section 56; and(c)is accompanied by a single map showing, or a number of maps together showing, the names and boundaries of all proposed electoral districts.(2)At any time before publishing a notice under subsection (1), the commission may make public its proposed electoral redistribution.
49 Inviting comments on objections
(1)As soon as practicable after the 30 days mentioned in section 48(1)(b), the commission must make available for public inspection, without fee, copies of all objections given to it within the 30 days.(2)As soon as practicable after the 30 days, the commission must also publish a notice in accordance with section 56 that—(a)advises of the availability for inspection of the copies of the objections; and(b)states that any person or body may comment in writing to the commission on the objections within 10 days after the notice is published in the gazette in accordance with section 56.(3)As soon as practicable after the 10 days, the commission must make available for public inspection, without fee, copies of all comments given to it within the 10 days.(4)Objections and comments must be made available for public inspection at the commission’s office and any other places in the State that the commission considers appropriate.
50 Considering objections and comments
If an objection or comment given to the commission within the period allowed under section 48 or 49 raises a matter that has not already been raised, or substantially raised, in a suggestion or comment under section 42 or 43, the commission must—(a)consider the objection or comment; and(b)make any changes to the proposed electoral redistribution that it considers would be necessary if sections 45 and 46 were being complied with.
51 Making electoral redistribution
(1)The commission must, as soon as practicable after the end of the 30 days mentioned in section 48(1)(b), publish a gazette notice stating that the State is redistributed into the electoral districts whose names and boundaries are set out in the notice.(2)The names and boundaries set out in the notice are to be the same as those for the proposed electoral redistribution, incorporating any changes made under section 50.
(3)The commission may, at any time before publishing the notice, make public anything that it intends to publish in the notice.
52 When redistribution takes effect
(1)At the end of 21 days after the publication of the notice, but subject to section 57(6), the State is redistributed into the electoral districts, and those districts have the names, set out in the notice.(2)The State remains so redistributed until the next electoral redistribution becomes final.(3)However, until the Legislative Assembly is next dissolved or expires by the passage of time, the redistribution does not affect a by-election for an electoral district to fill a vacancy in the membership of the Legislative Assembly.
53 Advertising electoral redistribution
(1)As soon as practicable after publishing the notice under section 51(1), the commission must comply with this section.(2)The commission must—(a)make available for public inspection, without fee, at its office a single map showing, or a number of maps together showing, the names and boundaries of all electoral districts; and(b)make available for public inspection, without fee, at its office and at any other places in the State that the commission considers appropriate—(i)a description of the boundaries of all electoral districts in the State; and(ii)its reasons for redistributing the State in that way (including the reasons of any commissioner who disagrees with the redistribution in that way).(3)The commission must display, in a place to which the public has ready access, and at any other place that the commission considers appropriate, in each electoral district a map showing the boundaries of the electoral district.(4)The commission must publish a notice advising of the availability for inspection, and the display, of the things mentioned in subsections (2) and (3) in—(a)a newspaper circulating generally in the State; and(b)any regional newspapers, circulating in any parts of the State, that the commission considers appropriate.
54 Tabling all relevant documents
(1)As soon as practicable after publishing the notice under section 51(1), the commission must give the Minister a copy of—(a)all suggestions properly made to it under section 42; and(b)all comments properly made to it under section 43; and(c)the things made available for public inspection under section 47(2); and(d)all objections properly made to it under section 48; and(e)all comments properly made to it under section 49; and(f)the notice published under section 51(1); and(g)the commission’s reasons for distributing the State in the way set out in the notice, together with the reasons of any commissioner who disagrees with the redistribution in that way.(2)The Minister must cause a copy of the things given to the Minister under subsection (1) to be laid before the Legislative Assembly within 5 sitting days after the Minister receives them.
55 Commission may hold public hearings
Without limiting its powers under section 7(4), the commission may conduct such public hearings as it considers appropriate for the purposes of this division.
56 How notices are to be published
If, under this division, the commission is required to publish a notice in accordance with this section, the commission must publish the notice in—(a)the gazette; and(b)a newspaper circulating generally in the State; and(c)any regional newspaper, circulating in a part of the State, that the commission considers appropriate.
57 Appeals against boundaries of electoral districts
(1)An elector may appeal to the Court of Appeal against the boundaries set out in the notice under section 51(1) on the ground that the commission has not complied with this part in making the proposed electoral redistribution.(2)The appeal must be made—(a)within 21 days after the publication of the notice; and(b)in accordance with the rules of court of the Court of Appeal.(3)The commission is the respondent to the appeal.(4)If more than 1 appeal is made against the boundaries, every appeal must be dealt with in the same proceeding.(5)Any person having an interest in the appeal may apply to the court to be joined as a party to the appeal.(6)If an appeal is made, the notice under section 51(1) does not take effect until the appeal has been disposed of by the court.(7)On the hearing of the appeal under this section, the court may—(a)by order—(i)quash the notice, in whole or part, and, subject to such directions as it considers appropriate, order the commission to make a fresh or amended notice under section 51(1); or(ii)dismiss the appeal; and(b)make any ancillary order as to costs or any other matter that it considers appropriate.(8)The court may make an order quashing the notice, in whole or part, only if the court is satisfied that—(a)the commission has not complied with this part in making the proposed redistribution; and(b)the noncompliance has had, or may have had, a significant effect on the boundaries of the electoral districts into which the State is to be redistributed under the notice under section 51(1); and(c)the interests of justice require the making of the order.(9)The validity of the electoral redistribution may only be called in question in an appeal under this section.(10)An appeal against the boundaries must—(a)be set down for hearing by the court as soon as practicable after the end of 21 days from the publication of the notice under section 51(1); and(b)must be heard and determined by the court as a matter of urgency.(11)Except as provided in this section, a decision made, or appearing to have been made, by the commission or a commissioner under or for the purposes of this part—(a)is final and conclusive; and(b)can not be challenged, appealed against, reviewed, quashed, set aside or otherwise called in question in any court or tribunal on any ground; and(c)is not subject to mandamus, prohibition, certiorari, injunction or any declaratory or other order of any court on any ground.Note—
Judicial Review Act 1991, section 41——41 Certain prerogative writs not to be issued
(1)The prerogative writs of mandamus, prohibition or certiorari are no longer to be issued by the court.(2)If, before the commencement of this Act, the court had jurisdiction to grant any relief or remedy by way of a writ of mandamus, prohibition or certiorari, the court continues to have the jurisdiction to grant the relief or remedy, but must grant the relief or remedy by making an order, the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for subsection (1), have been granted by way of such a writ.(3)In an enactment in force immediately before the commencement of this Act, a reference to a writ of mandamus, prohibition or certiorari is taken to be a reference to an order of a kind that the court is empowered to make under this section.(12)In this section—decision includes a failure to make a decision.
Part 4 Electoral rolls
Division 1 Commission to keep electoral rolls
58 Commission to keep electoral rolls
(1)The commission must keep an electoral roll for each electoral district.(2)Each electoral roll must, in accordance with this part, contain information in relation to the persons entitled to be enrolled for the electoral district.(3)Each electoral roll must also set out, in relation to each person—(a)the person’s surname and given names; and(b)the person’s address; and(c)the person’s sex, occupation and date of birth; and(d)an identifying number; and(e)any other prescribed information.(4)Each electoral roll may also set out, for each person who holds office—(a)as a justice of the peace—the initials ‘JP’ after the person’s name; or(b)as a commissioner for declarations—the initials ‘Cd’ after the person’s name.(5)If the commission is satisfied that the inclusion on a roll of a person’s address would place at risk the personal safety of the person or another person, the person’s address must not be set out in the publicly available part of the roll.(6)For the purposes of subsection (3)(b), a person’s address may, in the case of a roll prepared otherwise than in a printed form, be stated as a post office box number, mail service number or in another appropriate way in addition to the person’s residential address.(7)For the purposes of this Act, the commission may ask a government entity prescribed under a regulation to give the commission information of the kind mentioned in subsection (3)(a) to (c) as shown in any records kept by the entity.Example—
The commission may ask a local government for the names of all ratepayers living in a particular local government area.(8)Also, to enable the commission to decide the persons who are not entitled to vote because of section 106(3), the commission may ask the chief executive (corrective services) to give the commission information about persons who are serving sentences of imprisonment for offences against the law of the Commonwealth or of a State or Territory.(9)The entity or chief executive (corrective services) must give the commission the information as soon as practicable after receiving the request.(10)The chief executive officer of the entity may, before giving the information, require payment of a fee decided by the chief executive officer that reasonably reflects the cost of extracting the information from the entity’s records.(11)The entity need not give the information about a person if the entity reasonably suspects that disclosing the information would be likely to endanger the person’s safety.(12)Subsection (9) has effect despite the provisions of any other Act that would otherwise permit or require the entity to refuse the commission’s request.(13)In this section—government entity includes—(a)a local government; and(b)a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a State government purpose; and(c)a part of an entity mentioned in paragraph (b);but does not include the police service or the Crime and Corruption Commission.
59 Preparation of electoral rolls
(1)The commission must prepare all electoral rolls as soon as practicable after—(a)an electoral redistribution becomes final; or(b)6p.m. on the cut-off day for electoral rolls for an election or referendum; or(c)3 years pass after the day on which the writ for the last general election was returned.(2)The commission may also prepare all or any of the electoral rolls at any other time that it considers appropriate.(3)The electoral rolls may be prepared—(a)in a printed or electronic form; or(b)on microfiche, computer disk or computer tape; or(c)in another form determined by the commission.
60 Inspection of publicly available parts of electoral rolls
(1)The commission must make available for inspection by any person, without fee, a copy of the most recent printed version of the publicly available part of all electoral rolls—(a)at the office of the commission; and(b)at the office (if any) of each returning officer.(2)The commission may also make available for inspection by any person, without fee, a copy of the most recent version, in a non-printed form, of the publicly available part of any electoral roll at any place that the commission considers appropriate.
61 Information on electoral rolls to be provided to particular people and organisations
(1)The following table sets out persons and organisations to whom the commission must give stated information about electoral rolls and states the information to be given and the circumstances in which it is to be given.Mandatory provision of information on electoral rolls
Item
Person or organisation
Information to be given
Circumstances in which information is to be given
1
a candidate for an election
a certified copy, in a form decided by the commissioner, of the entire electoral roll for the electoral district for which the candidate is seeking election
2
a registered political party
a copy, in electronic form, of the most recent version of the entire electoral roll for any electoral district or all electoral districts
3
a registered political party
a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for any electoral district or all electoral districts
4
a member of the Legislative Assembly
a reasonable number of copies, in printed form, of the most recent version of the entire electoral roll for the electoral district the member represents
5
a member of the
Legislative Assembly
a copy, in electronic form, of the most recent version of the entire electoral roll for the electoral district the member represents
6
a member of the Legislative Assembly
a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for the electoral district the member represents
without charge
7
local government
a copy, in electronic form, of the most recent version of the entire electoral roll for any electoral district wholly or partly within the local government’s area
8
local government
a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for any electoral district wholly or partly within the local government's area
Item
Person or organisation
Information to be given
Circumstances in which information is to be given
1
an entity prescribed under a regulation that is a department or State public authority
a copy, in electronic form, of the most recent version of the entire, or part of the, electoral roll for any electoral district
62 Joint roll arrangement with Commonwealth
(1)The Governor may arrange with the Governor-General for—(a)the preparation, alteration or revision of the electoral rolls; or(b)the carrying out of any procedure relating to the preparation, alteration or revision of the electoral rolls;in any way consistent with this Act, jointly by the State and the Commonwealth, whether for the purpose of the rolls being used as electoral rolls for Legislative Assembly elections as well as for Commonwealth elections or for any other purpose.
(2)If an arrangement is made, the electoral rolls may contain—(a)names and other information in relation to persons who are not entitled to be enrolled as electors for Legislative Assembly elections, provided that it is indicated as prescribed that the persons are not enrolled as electors for the Legislative Assembly; and(b)distinguishing marks against the names of the persons to show that they are not also enrolled as electors for Commonwealth elections; and(c)other information in addition to that required under this division.(3)For the purposes of this Act, the marks and other information do not form part of the electoral rolls.
63 Gazettal of enrolment figures
The commission must, in relation to each month, arrange for the gazettal of—(a)the number of enrolled electors for each electoral district; and(b)the average number of enrolled electors for electoral districts; and(c)the extent to which the number of enrolled electors for each electoral district differs from the average number of enrolled electors for electoral districts.
Division 2 Enrolment
64 Entitlement to enrolment
(1)A person is entitled to be enrolled for an electoral district if the person—(a)either—(i)is entitled to be enrolled under the Commonwealth Electoral Act for the purposes of that Act in its application in relation to an election within the meaning of that Act; or(ii)is not so entitled, but was entitled to be enrolled under the Elections Act 1983 on 31 December 1991; and(b)lives in the electoral district and has lived in it for the last month.(2)However, despite subsection (1)(b), a person serving a sentence of imprisonment to whom subsection (1)(a) applies is entitled to be enrolled for—(a)the first of the following electoral districts that applies for the person—(i)the electoral district for which the person was enrolled immediately before the person started to serve the sentence;(ii)the electoral district for which the person was entitled to be enrolled immediately before the person started to serve the sentence;(iii)an electoral district for which any of the person’s next of kin is enrolled;(iv)the electoral district in which the person was born; or(b)if none of the electoral districts mentioned in paragraph (a) applies for the person—the electoral district to which the person has the closest connection.(3)Also, subsection (1)(b) does not deny a person the entitlement to be enrolled for an electoral district if the person did not live in the electoral district for the last month merely because the person was detained in lawful custody for a reason other than to serve a sentence of imprisonment.(4)In addition, if a member of the Legislative Assembly gives notice to the commission, in the form and way approved by the commission, that the member wishes to be enrolled for the electoral district that the member represents, the member is entitled to be enrolled for that electoral district instead of the one applicable under subsection (1).(5)Also, a member of the Legislative Assembly may be enrolled for an electoral district (the other district) other than the district that the member represents (the member’s district) if, because of an electoral redistribution, the other district contains at least half of the electors who were enrolled for the member’s district when the commission calculated the average number of enrolled electors for electoral districts for section 45(1).(6)For subsection (2), a person is serving a sentence of imprisonment only if—(a)the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State; and(b)the detention is attributable to the sentence of imprisonment concerned.(7)In this section—next of kin see the Commonwealth Electoral Act, section 4(1).
65 Enrolment and transfer of enrolment
(1)Subject to any arrangement under section 62, the commission must maintain each electoral roll in accordance with this section.(2)A person who—(a)is entitled to be enrolled for an electoral district; but(b)is not enrolled on the electoral roll for the district;must give notice to an electoral registrar for the district in the form and way approved by the commission.
(3)If a person who is enrolled on an electoral roll for an electoral district changes address within the electoral district, the person must, within 21 days, give notice to an electoral registrar for the district in the form and way approved by the commission.
(4)Subject to subsection (5), if a notice under this section is received by an electoral registrar, the commission must, if satisfied that the person concerned is entitled to be enrolled for an electoral district, make appropriate amendments of the electoral rolls.(5)The commission must not amend the electoral rolls during the period from 6p.m. on the cut-off day for electoral rolls for an election or referendum until the end of the polling day for the election or referendum except to correct—(a)a mistake; or(b)the wrongful removal of a person from an electoral roll.(6)If the commission does not (except because of subsection (5)) amend an electoral roll to give effect to a notice by a person under subsection (2) or (3), the commission must notify the person in writing of—(a)its decision not to amend the roll; and(b)the reasons for its decision; and(c)the person’s rights under this Act to have the decision reviewed.(7)Subsection (8) applies if—(a)a person is required to give notice under subsection (2) or (3); and(b)the person gives notice—(i)after 6p.m. on the cut-off day for electoral rolls for an election or referendum and no later than 6p.m. on the day before the polling day for the election or referendum; and(ii)to the commission but otherwise in compliance with subsection (2) or (3).(8)The person is taken to have given notice to the electoral registrar in compliance with subsection (2) or (3).
66 Provisional enrolment
(1)The commission must enrol a person as an elector for an electoral district if the person—(a)is 16 or 17; and(b)would, if the person were 18, be entitled to be enrolled for the electoral district; and(c)makes a request to be enrolled in the form and way approved by the commission.(2)The enrolment does not have effect for the purposes of this Act until the person turns 18.
67 Objections
(1)An elector may object against the enrolment of a person who is enrolled because of section 64(1)(a)(ii).(2)The objection must—(a)set out the grounds on which it is made; and(b)be made in a form and way approved by the commission; and(c)be accompanied by a deposit of—(i)$2; or(ii)if a greater amount is prescribed for the purposes of this section—that amount.(3)If—(a)an objection is made against the enrolment of a person; or(b)the commission decides that any person enrolled on an electoral roll, because of section 64(1)(a)(ii), should not have been enrolled;the commission must, subject to subsection (4), give the person concerned a reasonable opportunity to answer the objection or respond to the decision.
(4)If the commission considers that the objection is frivolous or vexatious, it must take no further action on the objection.(5)After considering any answer to the objection or response to the decision, the commission must take such action (if any) as it considers necessary to amend the electoral rolls.(6)The commission must—(a)give written notice of the action taken by it and its reasons for taking the action to—(i)the person objected against or to whom the decision relates; and(ii)in the case of an objection—the objector; and(b)if the name of the person objected against or to whom the decision relates was removed from an electoral roll—include in the notice advice of the person’s right to have the decision to take the action reviewed.(7)If, because of an objection, the name of the person objected against is removed from an electoral roll, the commission must repay the deposit that accompanied the objection.(8)For the purpose of ensuring that only persons who are properly entitled to be enrolled under the Commonwealth Electoral Act are enrolled on an electoral roll because of section 64(1)(a)(i), the electoral commissioner, or member of the commission’s staff authorised for the purpose by the electoral commissioner, may take any action that the person is permitted to take under the Commonwealth Electoral Act, including making an objection under that Act to the enrolment.
Part 5 Register of special postal voters
68 Commission to keep register of special postal voters
The commission must keep, or arrange to be kept, a register of special postal voters.
Part 6 Registration of political parties
69 Scope of part
This part sets out the way in which certain political parties may become registered for various purposes under this Act.
70 Register of political parties
(1)The commission must, in accordance with this part, keep a register containing the names of, and other information and documents related to, political parties registered under this part.(2)The commission must keep the register in the form and way that the commission considers appropriate.(3)The register is called the register of political parties.
71 Applications for registration
(1)An application for registration of a political party is to be made in accordance with this section.(2)The application must only be made for the registration of a registrable political party.(3)The application must be made by the secretary of the party.(4)The application must be made to the commission in a form approved by the commission for the purposes of this section, and must—(a)state a name for the political party; and(b)if the political party wishes to use an abbreviation of its name on ballot papers for elections—set out the abbreviation; and(c)set out the name and address of the person who is to be the political party’s registered officer for the purposes of this Act; and(d)if the application is for a Queensland parliamentary party—set out the name of 1 member of the party who is a member of the Legislative Assembly; and(e)if the application is for a party that is not a Queensland parliamentary party—set out the names and addresses of 500 members of the party who are electors; and(f)be accompanied by a copy of the party’s constitution; and(g)set out any other prescribed information and be accompanied by a copy of any other prescribed document.
72 Publication of notice of application
(1)As soon as practicable after an application is made to the commission, the commission must publish a notice in relation to the application in—(a)the gazette; and(b)a newspaper circulating generally in the State.(2)The notice must—(a)set out the information included in the application under section 71(4)(a) to (c); and(b)invite any persons who believe that the application—(i)is not in accordance with section 71; or(ii)should be refused under section 75;to submit to the commission, within 1 month after the day of publication of the gazette notice, a statement under subsection (3).
(3)The statement must—(a)set out in detail the grounds for the belief; and(b)set out the address of the person; and(c)be signed by the person.(4)The commission must make the statement available at its office for public inspection, without fee.(5)The commission must give the person who is to be the party’s registered officer—(a)a copy of the statement; and(b)a notice inviting the person to give the commission a reply to the statement within such reasonable period as is specified in the notice.(6)If the person gives the commission a reply within the period, the commission must, as soon as practicable, make the reply available at its office for public inspection, without fee.
73 Registration
(1)If the commission, after considering all statements and replies to the statements under section 72, is satisfied that the application complies with the requirements of section 71, the commission must, subject to subsection (3) and section 75, register the political party.(2)Registration is effected by entering or otherwise including in the register of political parties—(a)the information set out in the application (other than under section 71(4)(e)); and(b)any document accompanying the application as required by section 71(4)(f) and (g).(3)The commission must not take any action in relation to the application during the election period in relation to an election.(4)The commission must not register a political party other than in accordance with this section.(5)On registration of the political party, the person whose name was set out in the application under section 71(4)(c) becomes the party’s registered officer for the purposes of this Act.(6)As soon as possible after it registers the political party, the commission must—(a)give written notice to the registered officer that it has done so; and(b)if any person made a statement to the commission under section 72 in relation to the application—give written notice to the person stating that it has registered the party and setting out why the reasons in the person’s statement were rejected; and(c)notify the party’s registration by gazette notice.
74 Registered officer’s deputy
(1)A registered officer may nominate a person as a deputy of the registered officer for the purposes of this Act.(2)The nomination—(a)must be in writing, signed by the registered officer and lodged with the commission; and(b)must be signed by, and state the name and address of, the person nominated; and(c)may be revoked by the registered officer by written notice given to the commission.
75 Refusal of registration
(1)In this section—application name means a name for a political party, or the abbreviation of the name for a political party, set out in the party’s application for registration.party name means the name, or an abbreviation or acronym of the name, of a parliamentary party or registered political party.public body name means the name, or an abbreviation or acronym of the name, of a prominent public body.(2)The commission may refuse to register a political party if the commission believes on reasonable grounds that information set out in, or documents required to accompany, the application are incorrect.(3)The commission must refuse to register a political party if the party’s application name—(a)has more than 6 words; or(b)is obscene or offensive; or(c)is a party name; or(d)so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or(e)includes the word ‘independent’; or(f)would otherwise be likely to cause confusion if registered.(4)The commission may refuse to register a political party if the party’s application name—(a)is a public body name; or(b)so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name.(5)The commission must refuse to register a political party if the party’s constitution is not a complying constitution.(6)If the commission decides to refuse an application, it must give the person who was to be the registered officer of the political party written notice of—(a)the refusal; and(b)the reasons for the refusal; and(c)the rights of the person to have the refusal decision reviewed.
76 Complying constitution
(1)A political party’s constitution is a complying constitution if it contains the following—(a)the party’s objects, 1 of which must be the promotion of the election to the Legislative Assembly of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part;(b)the procedure for amending the constitution;(c)the rules for membership of the party, which must include the following rules—(i)a rule stating the procedure for accepting a person as a member;(ii)a rule stating the procedure for ending a person’s membership;(iii)a rule prohibiting a person from becoming a member of the party if the person has been convicted of a disqualifying electoral offence within 10 years before the person applies to become a member;(iv)a rule prohibiting a person from continuing as a member of the party if the person is convicted of a disqualifying electoral offence;(d)a statement about how the party manages its internal affairs, including a statement about—(i)the party structure; and(ii)the process for dispute resolution;(e)the rules for selecting—(i)a person to hold an office in the party; and(ii)a candidate to be endorsed by the party for an election or an election for a local government;(f)a rule requiring that a preselection ballot must satisfy the general principles of free and democratic elections.(2)The general principles of free and democratic elections as applied to a preselection ballot are as follows—(a)only members of the party who are electors may vote;(b)only members of the party who are eligible to vote in the ballot under the party’s constitution may vote;(c)each member has only 1 vote;(d)voting must be done by secret ballot;(e)a member must not be improperly influenced in voting;(f)a member’s ballot paper must be counted if the member’s intention is clear;(g)members’ votes must be accurately counted;(h)each person who is seeking selection may be present personally, or may be represented by another person, at the ballot and for the scrutiny, and counting, of votes.
77 Amendment of register
(1)An application may be made under this section to the commission for the amendment of the information, or the replacement of documents, in the register of political parties in relation to a registered political party.(2)The application must be made in the form and way approved by the commission.(3)The application must be made by—(a)the party’s registered officer; or(b)if the application is to change the party’s registered officer—the party’s secretary.(4)This part applies to an application under this section, subject to any necessary changes, as if it were an application for registration of a political party.
78 Cancellation of registration
(1)The commission may cancel the registration of a party at the written request of the party’s registered officer.(2)The commission may cancel the registration of a political party if the commission is satisfied on reasonable grounds that—(a)the party no longer exists; or(b)the party is not a Queensland parliamentary party and does not have at least 500 members who are electors; or(c)the candidates at the next 2 general elections held after the registration of the party did not include at least 1 candidate endorsed by the party; or(d)the registration was obtained by fraud or misrepresentation; or(e)the party’s constitution is not a complying constitution; or(f)the party’s registered officer has failed to comply with section 80(1) or (2), including, for example, by giving false or misleading information under the provision.(3)If the commission proposes to cancel the registration of a party, other than because of subsection (2)(d), the commission must—(a)give written notice of its proposed action to the party’s registered officer; and(b)give notice of its proposed action in—(i)the gazette; and(ii)a newspaper circulating generally in the State; and(c)include in the notice under paragraph (b) a statement that persons may, within 14 days after the gazette notice is given, object to the commission in writing against the proposed cancellation.(4)The commission must consider any objection made under subsection (3) before taking any further action in relation to the cancellation.(5)If the commission decides to cancel the registration of a party, the commission must—(a)give notice of the cancellation and the reasons for it to the person who was the party’s registered officer immediately before the cancellation; and(b)give notice of the cancellation in the gazette; and(c)cancel the information in, and remove the documents from, the register of political parties relating to the political party; and(d)retain the documents in the commission’s records.
79 Public access to register
(1)The commission must ensure that the register of political parties is made available for public inspection, without fee, at its office.(2)As soon as practicable after the issue of a writ for an election, the commission must publish in the gazette—(a)a list of the names of all political parties included in the register; and(b)a list of the names of the registered officers of the political parties.
80 Party constitution
(1)The registered officer of a registered political party must, within 7 days after each report date, notify the commission in the approved form whether or not an amendment has been made to the party’s constitution since the last report date.(2)If an amendment has been made, the registered officer must also give the commission—(a)a copy of the amended constitution; and(b)a summary of the amendments.(3)In this section—report date means 31 March, 30 June, 30 September and 31 December in each year.Note—
See section 78(2)(f) for the effect of noncompliance with subsection (1) or (2).
Part 7 Elections
Division 1 Calling of elections
81 Writs for elections
(1)The commission must conduct an election of a member or members of the Legislative Assembly if the Governor or the Speaker of the Legislative Assembly issues a writ to the commission in accordance with this division.(2)The commission must conduct the election in accordance with the writ, subject to this part and the Constitution of Queensland 2001, chapter 2, part 2A.
82 Writs by Governor
The Governor is to issue writs of the following kind—(a)a writ for a general election under the Constitution of Queensland 2001, chapter 2, part 2A;(b)a writ for an election to which section 83(1) or 95(3) applies;(c)a writ for an election ordered by the Court of Disputed Returns under section 128(14) or 146.
83 Writs for vacancy in the membership of the Legislative Assembly
(1)The Governor must issue a writ to fill a vacancy in the membership of the Legislative Assembly if the vacancy—(a)arises after a general election and before the first meeting of the Legislative Assembly after the election; or(b)is caused by death or resignation and arises when the Legislative Assembly is not sitting.(2)The Speaker of the Legislative Assembly must issue a writ for an election to fill a vacancy in the membership of the Legislative Assembly if—(a)the vacancy is not one mentioned in subsection (1) or section 95(3); and(b)the Legislative Assembly passes a resolution declaring that the vacancy exists and stating its cause.(3)However, if a vacancy mentioned in subsection (1)(b) or (2) arises within 3 months before the next normal dissolution day for the Legislative Assembly, the Speaker or Governor may, but need not, issue a writ for an election to fill the vacancy.(4)In this section—normal dissolution day see the Constitution of Queensland 2001, section 19C(1).
84 Form and content of writs
(1)A writ must set out the following—(a)the day of issue of the writ;(b)the cut-off day for electoral rolls for the election, which must be not less than 5 days, nor more than 7 days, after the issue of the writ;(c)the cut-off day for the nomination of candidates for the election, which must be not less than 8 days, nor more than 18 days, after the issue of the writ;(d)the polling day, which must be—(i)for a writ for a general election—the polling day for the election under the Constitution of Queensland 2001, section 19B or 19F; or(ii)for another writ—a Saturday not less than 26 days, nor more than 56 days, after the issue of the writ;(e)the day for the return of the writ, which must be not more than 84 days after the issue of the writ.(2)For the purpose of determining under subsection (1) a cut-off day, the polling day or the day for the return of the writ (the relevant day)—(a)the day of issue of the writ; and(b)the relevant day itself;are both to be included in any specified number of days.
(3)The Acts Interpretation Act 1954, section 38 does not apply for the purpose of determining, or in relation to a day determined, under subsection (1).
85 Commission to publish writ and prepare for election
On receiving a writ, the commission must—(a)arrange for a copy of the writ to be published in the gazette; and(b)advertise the days specified in the writ in such other ways as the commission considers appropriate; and(c)make appropriate arrangements, in accordance with this part, for the conduct of the election or elections concerned.
86 Change of time limits in writ
(1)Despite anything in this Act, the Governor or Speaker, as the case requires, may by gazette notice either before, on or after a day specified in the writ under section 84(1)(a) to (e)—
(b)for the associated entity of the party—(i)money held by the associated entity of the party before 1 August 2020; and(ii)proceeds from the disposal of property, or a return on an investment, held by the associated entity of the party before 1 August 2020; and(iii)if, after 1 August 2020, the associated entity of the party used the proceeds or return on investment mentioned in subparagraph (ii) to purchase property or make an investment—proceeds from the disposal of the property or a return on the investment.(3)In this section—start date means the later of the following days—(a)1 July 2022;(b)if a general election is held during June 2022—the day that is 30 days after the polling day for the election.
441 Election funding for 2020 election
For a claim for election funding that relates to a 2020 election—(a)despite new section 281, new section 199 applies to expenditure incurred before the commencement as if the expenditure were incurred after the commencement; and(b)previous section 222 continues to apply as if the amending Act had not been enacted.
442 Existing entitlements to policy development payments for 2020–2021 financial year
(1)This section applies if, under previous part 11, division 5, a registered political party was entitled to a policy development payment for the 2020–2021 financial year.(2)Previous part 11, division 5 continues to apply as if the amending Act had not been enacted in relation to the instalment of the policy development payment that would have been payable to the registered political party on or before 31 January 2022.(3)Without limiting subsection (2)—(a)the commission must pay the instalment to the registered political party on or before 31 January 2022; and(b)the agent of a registered political party may apply to the commission under previous section 242 for the commission to reconsider a decision mentioned in that section in relation to the instalment; and(c)if an application mentioned in paragraph (b) is made—previous sections 243 and 244 apply for the application.(4)Despite the Acts Interpretation Act 1954, section 20, the registered political party is no longer entitled, under previous part 11, division 5, to be paid—(a)the instalment of the policy development payment for the 2020–2021 financial year that would have been payable to the party on or before 31 July 2022; or(b)a policy development payment for the financial year that starts on 1 July 2021.(5)In this section—2020–2021 financial year means the financial year that starts on 1 July 2020.
443 Commencement of caps on political donations
(1)Subsection (2) applies for a candidate in—(a)the first general election to be held after 1 July 2022; or(b)a by-election held after 1 July 2022 and before the general election mentioned in paragraph (a).(2)Despite section 247, the donation cap period for the candidate for the election—(a)starts on the latest of the following days—(i)1 July 2022;(ii)if a general election is held during June 2022—the day that is 30 days after the polling day for the general election;(iii)if the candidate is a candidate in a by-election held during June 2022—the day that is 30 days after the polling day for the by-election; and(b)ends 30 days after the polling day for the election.(3)Despite section 247, the first donation cap period for a registered political party—(a)starts on the later of the following days—(i)1 July 2022;(ii)if a general election is held during June 2022—the day that is 30 days after the polling day for the general election; and(b)ends 30 days after the polling day for the next general election.
444 Electoral expenditure for 2020 election—caps
(1)Despite new section 280, the capped expenditure period for the 2020 general election starts on 1 August 2020.(2)New section 199 applies to expenditure incurred before the commencement as if the expenditure were incurred after the commencement.(3)New section 281 applies to electoral expenditure, whether the expenditure was incurred before or after the commencement.(4)However, new section 281 does not apply to electoral expenditure incurred to obtain goods that are first used for a campaign purpose during the capped expenditure period for the 2020 general election unless a contract for the supply of the goods was entered into on or after 17 June 2020.(5)New section 281A applies to electoral expenditure incurred for a campaign purpose for the 2020 general election, whether or not an event mentioned in new section 281A(3) happened before or after the commencement.
445 Records required to be kept by election participants
(1)For new part 11, division 12A, until the start date—(a)an amount paid into the State campaign account of a registered political party or candidate in an election is taken not to be a prescribed matter for the party or candidate; and(b)a political donation does not include a political donation within the meaning of new section 250.(2)In this section—start date means the latest of the following days—(a)1 July 2022;(b)if a general election is held during June 2022—the day that is 30 days after the polling day for the election;(c)for a candidate in a by-election held during June 2022—the day that is 30 days after the polling day for the by-election.
445A Register of non-monetary gifts—application of requirement related to political donations
The requirement mentioned in new section 305F(2)(b) does not apply to a registered political party or candidate in an election until the first donation cap period for the party or candidate starts under section 443.
446 Electoral expenditure for 2020 election—disclosure
New section 283 does not apply in relation to electoral expenditure incurred for a 2020 election before the commencement.
447 Returns by associated entities
New section 294 does not apply to a loan made to an associated entity before the commencement.
448 Existing records
Previous section 309 continues to apply to a record that, immediately before the commencement, was required to be kept under that section as if the amending Act had not been enacted.
449 Application of offences relating to signage at polling booths to pending elections
New part 10, division 2A does not apply in relation to a polling booth for an election if the writ for the election was issued before 1 August 2020.
Division 12 Transitional provision for Public Sector Act 2022
450 First strategic review of commission and commissioners after commencement
(1)Despite section 33A(2), the first strategic review of the commission and commissioners under part 2, division 4 is to be conducted within 12 months after the day the writ is returned for the first general election after the commencement.(2)The power of the Minister to postpone a strategic review under section 33D applies to the first strategic review mentioned in subsection (1).
Schedule [Repealed]
(Repealed)
Schedule 1 Dictionary
section 2
2013–2014 financial year ...
6-month period, for part 11, see section 197.
agent, for part 11, see section 197.
Antarctic elector ...
applicable expenditure cap ...
appointed commissioner means the chairperson or the nonjudicial appointee.
approved form means a form approved under section 389.
associated entity—
(a)of a registered political party—see section 204(2) and (3); or
(b)of a candidate in an election—see section 204A(2), (3) and (4).
auditor, for part 11, see section 197.
Australian parliament means the parliament of the Commonwealth or a State or Territory.
authorised officer, for part 11, means a person who holds office under part 11, division 14 as an authorised officer.
average number of enrolled electors for electoral districts has the meaning given by section 3.
bank account means an account with a financial institution.
bank statement, for part 11, see section 197.
broadcast includes televise.
broadcaster means—
(a)the Australian Broadcasting Corporation established under the Australian Broadcasting Corporation Act 1983 (Cwlth); or
(b)the Special Broadcasting Service Corporation established under the Special Broadcasting Service Act 1991 (Cwlth), section 5; or
(c)the holder of a licence under the Broadcasting Services Act 1992 (Cwlth); or
(d)the provider of a broadcasting service under a class licence under the Broadcasting Services Act 1992 (Cwlth).
by-election means an election of a member of the Legislative Assembly between general elections.
campaign purpose, for incurring electoral expenditure, for part 11, see section 199A.
candidate, in relation to an election—
(a)means a person who has become a candidate under section 93(3); and
(b)for part 11, includes—(i)an elected member; and(ii)an individual, other than an elected member, who has announced, or otherwise publicly indicated, the individual’s intention to be a candidate in the election; and(iii)an individual, other than an elected member, who has otherwise indicated the individual’s intention to be a candidate in the election, including, for example, by accepting a gift made to the individual for an electoral purpose.
capped expenditure period, for an election, for part 11, division 9, see section 280.
certified copy, of an electoral roll, means a copy of the electoral roll certified as a true copy by—
(a)the electoral commissioner; or
(b)if the copy of the electoral roll is prepared under an arrangement mentioned in section 62—the Electoral Commissioner under the Commonwealth Electoral Act.
chairperson means the chairperson of the commission.
chief executive appointee ...
commission means the Electoral Commission of Queensland.
commissioner means a commissioner of the commission.
Commonwealth Electoral Act means the Commonwealth Electoral Act 1918 (Cwlth).
Commonwealth electoral roll ...
complying constitution see section 76.
consideration, for part 11, see section 197.
continuing candidate, in relation to a counting of votes, means a candidate who has not been excluded at a previous count of votes.
convicted means found guilty, or having a plea of guilty accepted by a court, whether or not a conviction is recorded.
court, for part 11, means a Magistrates Court.
CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.
cut-off day for electoral rolls means—
(a)for an election—the day so described in the writ for the election; and
(b)for a referendum—the day so described in the writ for the referendum.
cut-off day for the nomination of candidates, in relation to an election, means the day so described in the writ for the election.
day for the return of a writ means the day so described in the writ.
declaration envelope means—
(a)a declaration envelope under section 121; or
(b)another envelope on which there is a declaration to be made by an elector for the purposes of this Act.
designated entrance, to grounds on which a pre-poll voting office or ordinary polling booth is located, for part 10, division 2A, see section 185D.
disclosure period, for an election, for part 11—
(a)for a candidate in the election—see section 198(1); or
(b)for a third party to which section 263(1) or 264(1) applies for the election—see section 198(3).
disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—
(a)the allotment of shares in a company; and
(b)the creation of a trust in property; and
(c)the grant or creation of a lease, mortgage, charge, servitude, licence, power, partnership or interest in property; and
(d)the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action, or of an interest in property; and
(e)the exercise by a person of a general power of appointment of property in favour of another person; and
(f)any transaction entered into by a person with intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person.
disqualifying electoral offence means an offence, of which an offender is convicted after the commencement of the Electoral and Other Acts Amendment Act 2002, section 5—
(a)that relates to—(i)an election of a member of an Australian parliament; or(ii)an election to the office of chairperson, mayor, president, councillor or member of a local government, or to an equivalent office in another State; or(iii)a referendum conducted under a law of the State, another State or the Commonwealth; or(iv)the enrolment of a person on an electoral roll; and
(b)for which the penalty imposed included a sentence of imprisonment, other than a sentence of imprisonment for non-payment of a fine, restitution or other amount.
distribute a how-to-vote card—
(a)includes make the card available to other persons; but
(b)does not include merely display the card.
Examples—
1A person ‘distributes’ how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.2A person does not ‘distribute’ how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.
document certification requirement see section 360(6).
document production requirement see section 360(2).
donation cap, for a registered political party or candidate in an election, for part 11, see section 252.
donation cap period, for a registered political party or candidate in an election, for part 11, see section 247.
donor statement, for part 11, see section 251.
elected member, for part 11, see section 197.
election means an election of a member or members of the Legislative Assembly.
election material, for part 11, see section 197.
election matter means anything able to, or intended to—
(a)influence an elector in relation to voting at an election; or
(b)affect the result of an election.
election period for an election means the period—
(a)beginning on the day after the writ for the election is issued; and
(b)ending at 6p.m. on the polling day for the election.
election sign, for part 10, division 2A, see section 185B.
elector means a person entitled to vote under this Act.
electoral expenditure, for part 11, see section 199.
electoral matter means a matter relating to elections.
electoral paper ...
electoral purpose means a purpose that relates to an election.
electoral redistribution means a redistribution of the State into electoral districts in accordance with part 3.
electoral visitor voter has the meaning given by section 114(3).
electronic document ...
eligible registered political party see section 239.
exhausted ballot paper ...
expert appointee ...
extraordinary general election see the Constitution of Queensland 2001, section 19A.
financial controller, for part 11, see section 197.
first preference vote means the number 1 written in a square opposite the name of a candidate on a ballot paper.
formal ballot paper has the meaning given by section 123(4).
former owner, for part 11, see section 355(1).
fundraising contribution, for part 11, see section 197.
general election means an election for the members of the Legislative Assembly.
general power, for part 11, see section 342(1).
gift, for part 11, see section 197.
gifted, for an amount of electoral expenditure incurred, for part 11, see section 200B.
gift threshold amount see section 201A.
grounds, for part 10, division 2A, see section 185A.
help requirement see section 343(1).
how-to-vote card means a card, handbill or pamphlet that—
(a)is or includes—(i)a representation of a ballot paper or part of a ballot paper; or(ii)something apparently intended to represent a ballot paper or part of a ballot paper; or
(b)lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of the candidates; or
(c)otherwise directs or encourages the making of preference votes, other than first preference votes, in a particular way.
identity card, for a provision about authorised officers, means an identity card issued under section 325(1).
illegal election practice ...
independent candidate, for an election, for part 11, see section 197.
independent member, for a 6-month period, for part 11, division 5, see section 240(2).
informal ballot paper has the meaning given by section 123(5).
information notice, about a decision, for part 11, see section 197.
institution means—
(a)a hospital; or
(b)a convalescent home; or
(c)a nursing home; or
(d)a home for the aged; or
(e)a hostel for the aged or infirm; or
(g)another place that is declared by a regulation to be an institution; or
(h)any part of a place to which paragraphs (a) to (g) apply.
issuing officer means a member of the commission’s staff who is responsible for issuing ballot papers or declaration envelopes under this Act or the Referendums Act 1997 to electors at an election or referendum.
journal ...
loan, for part 11, see section 197.
member of a political party means a person who is a member of the political party or a related political party.
mobile polling booth has the meaning given by section 99.
nonjudicial appointee means the commissioner mentioned in section 6(2)(c).
normal polling day, for a general election, see the Constitution of Queensland 2001, section 19B(1).
notice, for part 11, means a written notice.
occupier, of a place, for part 11, includes the following—
(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c)if no-one apparently occupies the place—any person who is an owner of the place.
of, a place, for part 11, includes at or on the place.
offence warning, for a direction or requirement by an authorised officer, for part 11, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.
official sign, for part 10, division 2A, see section 185A.
ordinary general election see the Constitution of Queensland 2001, section 19A.
ordinary polling booth has the meaning given by section 99.
ordinary postal voter see section 119(2).
ordinary vote means a vote that is not a declaration vote.
Note—
Part 7, division 5, subdivision 3 is about the meaning and operation of declaration voting.
ordinary voting hours means voting hours in relation to ordinary polling booths.
owner, of a thing that has been seized under part 11, includes a person who would be entitled to possession of the thing had it not been seized.
parliament of a Territory means the legislature of the Territory.
parliamentary committee means—
(a)if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or
(b)if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the Electoral Commission of Queensland—that committee; or
(c)otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.
parliamentary party means a political party of which at least 1 member is a member of an Australian parliament.
participant, in an election—
(a)for part 11, generally—see section 197A; or
(b)for part 11, division 12A—see section 305.
payment direction, for part 11, see section 227.
personal details requirement, for part 11, see section 358(5).
person in control, for part 11—
(a)of a vehicle, includes—(i)the vehicle’s driver or rider; and(ii)anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or
(b)of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.
place, for part 11, includes the following—
(a)premises;
(b)vacant land;
(c)a place in Queensland waters;
(d)a place held under more than 1 title or by more than 1 owner;
(e)the land or water where a building or structure, or a group of buildings or structures, is situated.
policy development payment see section 197.
political donation—
(a)for part 11 generally—see section 250; or
(b)for part 11, division 8, subdivision 4—see section 274.
political party means an organisation whose object, or 1 of whose objects, is the promotion of the election to the Legislative Assembly of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part.
polling booth means an ordinary polling booth, a mobile polling booth or a pre-poll voting office.
polling day, in relation to an election, means the day so described in the writ for the election.
polling place means—
(a)a polling booth; or
(b)another place where voting takes place.
portfolio area see the Parliament of Queensland Act 2001, schedule.
portfolio committee see the Parliament of Queensland Act 2001, schedule.
postal voter means an elector who is—
(a)an ordinary postal voter; or
(b)a special postal voter.
premises, for part 11, includes—
(a)a building or other structure; and
(b)a part of a building or other structure; and
(c)a caravan or vehicle; and
(d)a cave or tent; and
(e)premises held under more than 1 title or by more than 1 owner.
pre-poll ordinary vote see section 110(2).
pre-poll voting office see section 99A(1)(a).
prescribed matter, for part 11, division 12A, see section 305AA.
preselection ballot—
(a)means the process, or that part of the process, of selecting a candidate to be endorsed by a political party for an election, or an election for a local government, in which a member of the party votes in a ballot in his or her capacity as a member of the party, rather than as a member of a committee (however called) of the party, for the candidate; and
(b)includes matters preparatory to the ballot and the scrutiny and counting of votes in the ballot.
Example—
If the selection of a candidate involves a poll of the party members and the endorsement of the poll result by a party committee, only the poll is a preselection ballot.
primary election, for a pre-poll voting office or ordinary polling booth, for part 10, division 2A, see section 185E.
prohibited donor, for part 11, division 8, subdivision 4, see section 273.
proof of identity document ...
publicly available part, of an electoral roll, means the part of an electoral roll that does not contain—
(a)the address of a silent elector; and
(b)information of a kind prescribed by regulation to be restricted information.
publicly available part of an electoral roll ...
public place, for part 11, means—
(a)a place, or part of the place—(i)the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; orExamples of a place that may be a public place under subparagraph (i)—
a beach, a park, a road(ii)the occupier of which allows, whether or not on payment of money, members of the public to enter; orExamples of a place that may be a public place under subparagraph (ii)—
a saleyard, a showground
(b)a place that is a public place under another Act.
Queensland parliamentary party means a parliamentary party of which at least 1 member is a member of the Legislative Assembly.
reasonably believes, for part 11, means believes on grounds that are reasonable in the circumstances.
reasonably suspects, for part 11, means suspects on grounds that are reasonable in the circumstances.
referendum means a referendum under the Referendums Act 1997.
registered, for a third party in relation to an election, for part 11, see section 197.
registered industrial organisation ...
registered officer of a registered political party means the person shown in the register of political parties as the party’s registered officer, and includes a person nominated under section 74 as deputy of a party’s registered officer.
registered political party means a political party that is registered in the register of political parties.
registered third party ...
register of agents, for part 11, see section 197.
register of candidates means the register kept under section 101.
register of political parties means the register kept under section 70.
register of special postal voters means the register kept under section 68.
register of third parties, for part 11, see section 197.
registrable political party means a political party that—
(a)either—(i)is a parliamentary party; or(ii)has at least 500 members who are electors; and
(b)is established on the basis of a written constitution (however described) that sets out the aims of the party.
related political party has the meaning given by section 5.
relevant election ...
relevant particulars see section 197.
reporting period, for part 11, see section 197.
restricted signage area, for a pre-poll voting office or ordinary polling booth, for part 10, division 2A, see section 185C.
scrutineer means a person appointed under section 104.
secretary of a political party means the person who holds the office (however described) whose duties involve responsibility for carrying out the administration, and dealing with the external correspondence, of the party.
senior electoral officer means the electoral commissioner or the deputy electoral commissioner.
silent elector means an elector—
(a)to whom section 58(5) applies; or
(b)whose address has been excluded from the electoral roll under an arrangement under section 62 because of the Commonwealth Electoral Act, section 104.
source, for part 11—
(a)of a gift—see section 205A(1); or
(b)of a loan—see section 205A(2).
special postal voter see section 114(2).
special reporting period ...
spoilt ballot paper see section 123A(1)(a)(i) and 123B(1)(b).
sponsorship arrangement, for part 11, see section 200A.
standing rules and orders see the Parliament of Queensland Act 2001, schedule.
State campaign account, of a participant in an election, for part 11, see section 215.
third party see section 197.
vehicle, for part 11—
(a)means a vehicle under the Transport Operations (Road Use Management) Act 1995; and
(b)includes a vessel under that Act.
voting compartment means a compartment in a polling place where electors may vote in private.
voting hours of a polling place means the hours during which electors may enter the polling place.
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Citations
Electoral Act 1992 (Qld)
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