Electoral Act 2017 (NSW)

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See also—

Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2024 [Non-government Bill— Mr G J Ward, MP]

whole Act: Am 2018 No 20, Sch 3.2 [1] (“Election Funding, Expenditure and Disclosures Act 1981” omitted wherever occurring, “Electoral Funding Act 2018” inserted instead).

An Act to make provision with respect to the election of members of Parliament; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Electoral Act 2017.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects of Act

The objects of this Act are as follows—

  • (a)

    to constitute an independent Electoral Commission for New South Wales and to provide for the appointment of an independent Electoral Commissioner for New South Wales,

  • (b)

    to promote and maintain an electoral system characterised by accessibility, integrity and fairness that provides for the election of members of Parliament of New South Wales in accordance with the Constitution Act 1902,

  • (c)

    to provide for a fair and transparent process for the distribution of New South Wales into electoral districts for elections for the Legislative Assembly,

  • (d)

    to facilitate and protect the integrity of representative government in New South Wales,

  • (e)

    to enable the citizens of New South Wales to participate freely in fair and transparent electoral processes,

  • (f)

    to facilitate the fair and transparent conduct of elections in New South Wales,

  • (g)

    to provide guidance to members of Parliament, parties, groups and candidates in relation to their rights, responsibilities and obligations in relation to the conduct of elections under this Act.

4Definitions(1)

In this Act—

abbreviation, in relation to the name of a party, includes an alternative name of the party.

address, of an individual—see subsection (3).

approved means approved by the Electoral Commissioner.

Assembly means the Legislative Assembly of New South Wales.

Assembly general election means the election held for members of the Assembly next following the dissolution or expiry of the Assembly.

authorised roll, for an election, means the roll prepared for the election under Division 6 of Part 5.

ballot counting place means a place appointed by the Electoral Commissioner for the counting of ballot papers under section 163.

by-election means an election held for the return of a member of the Assembly other than in connection with an Assembly general election.

child protection declaration means a child protection declaration made under Division 4 of Part 7.

close of voting means 6 pm on election day (or on any day to which the conduct of an election has been adjourned).

Commonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth.

Council means the Legislative Council of New South Wales.

declaration vote means a vote cast in accordance with Division 9 of Part 7.

declared facility—see section 117.

display a poster or electoral material includes exhibit or post up the poster or electoral material, and publicly display means display, as so defined, within or within view…

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