Electoral Act 2017 (NSW)
Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2024 [Non-government Bill— Mr G J Ward, MP]
An Act to make provision with respect to the election of members of Parliament; and for other purposes.
This Act is the Electoral Act 2017.
This Act commences on a day or days to be appointed by proclamation.
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.
In this Act—
(a) any matter that is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held or that is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any election, or
(b) the name of a candidate at any election, the name of the party of any such candidate, the name or address of the headquarters or campaign office of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter that purports to depict any such candidate or to be a likeness or representation of any such candidate.
Under this Act there is no permanent roll of electors. However—
(a) the person’s name and enrolment details will be recorded in the Electoral Information Register maintained under this Act—see Division 4 (Electoral Information Register) of Part 5 (Enrolment procedures and information), and
(b) the person’s name will appear on an authorised roll prepared for a particular election and on other lists of electors prepared under this Act—see Division 6 (Authorised rolls) of Part 5 (Enrolment procedures and information).
(a) any representation or partial representation of a ballot paper or portion of a ballot paper, or
(b) any representation or partial representation apparently intended to represent a ballot paper or portion of a ballot paper.
(a) has been granted registered early voter status under section 37, or
(b) is taken to be a registered early voter under that section.
(a) means the period starting on the date of the issue of the writ for the election and ending at 6 pm on election day, and
(b) in the case where an election is adjourned, includes the period starting on the original election day and ending at 6 pm on the day to which voting for the election is adjourned.
(a) whose address is required by operation of section 36 to be omitted from any authorised roll or list of electors, or
(b) is taken to be a silent elector under that section.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
For the purposes of this Act, an elector is
The
(a) for the purposes of sections 186–188 and 200, an address, including a full street address and suburb or locality, that is located in Australia and at which the individual can usually be contacted during the day, but does not include a post office box, and
(b) in any other case, the residential address of the individual.
In determining the
Without limiting subsection (1), if at a particular time a person is staying at any place otherwise than on a permanent basis, the person may be taken to be at that time—
(a) residing at the place if the person has no residence elsewhere, or
(b) not residing at the place if the person does have a residence elsewhere.
A person’s residence includes the place to which a person, when temporarily residing elsewhere, has a fixed intention of returning for the purpose of continuing to reside at that place.
For the purposes of this Act, and without limitation, an elector is
(a) is not throughout the hours of voting on election day within New South Wales, or
(b) is not throughout the hours of voting on election day within 8 kilometres by the nearest practicable route of any voting centre open for the purposes of an election, or
(c) is throughout the hours of voting on election day travelling under conditions that will preclude the person from voting at any voting centre, or
(d) is seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any voting centre to vote, or
(e) in the case of a woman, will, by approaching maternity, be precluded from attending at any voting centre to vote, or
(f) is, at a place other than a hospital, caring for a person who is seriously ill or infirm or approaching maternity and by reason of caring for the person will be precluded from attending at any voting centre to vote, or
(g) is, by reason of the person’s membership of a religious order or his or her religious beliefs—
(i) precluded from attending at a voting centre, or
(ii) precluded from voting throughout the hours of voting on election day or throughout the greater part of those hours, or
(h) is, by reason of his or her being kept in a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999), precluded from attending at any voting centre to vote, or
(i) will, by reason of being engaged for fee, gain or reward in any work throughout the hours of voting on election day, be precluded from attending at any voting centre to vote, or
(j) is a silent elector, or
(k) is a person with a disability (within the meaning of the Anti-Discrimination Act 1977), or
(l) believes that attending a voting centre on election day will place the personal safety of the person or of members of the person’s family at risk.
Notes included in this Act do not form part of this Act.
There is constituted by this Act a corporation with the corporate name of the New South Wales Electoral Commission.
The Electoral Commission is a statutory body representing the Crown.
Section 13A of the Interpretation Act 1987 provides that a statutory body representing the Crown has the status, privileges and immunities of the Crown.
The Electoral Commission consists of the following members—
(a) a former Judge appointed by the Governor as the Chairperson of the Commission,
(b) the Electoral Commissioner,
(c) a person appointed by the Governor who has financial or audit skills and qualifications relevant to the functions of the Commission.
In this section,
(a) a former Judge of the Supreme Court of New South Wales or of any other State or Territory, or
(b) a former Judge of the Federal Court of Australia, or
(c) a former Justice of the High Court of Australia.
Schedule 1 contains provisions relating to the Electoral Commission.
The Electoral Commission has the functions conferred or imposed on it by or under the following—
(a) this Act,
(b) the Electoral Funding Act 2018,
(c) the Lobbying of Government Officials Act 2011,
(d) the Local Government Act 1993,
(e) any other Act.
Under the Electoral Funding Act 2018, the Electoral Commission has the function of administering the election funding, expenditure and disclosure scheme under that Act and registering electoral participants for the purposes of that scheme. Under the Lobbying of Government Officials Act 2011, the Electoral Commission has the function of maintaining the Register of Third-Party Lobbyists and Lobbyists Watch List, and of the enforcement of obligations relating to lobbying.
The Electoral Commission may—
(a) provide assistance for the conduct of elections by the Electoral Commissioner under this or any other Act, and
(b) institute proceedings for offences under the following Acts—
(i) this Act,
(ii) the Electoral Funding Act 2018,
(iii) the Lobbying of Government Officials Act 2011,
(iv) the Local Government Act 1993 (but only in connection with the conduct of a local government election), and
(c) make applications to the Supreme Court for injunctions, declarations or other orders within the jurisdiction of the Court for the purpose of ensuring compliance with the following—
(i) this Act,
(ii) the Electoral Funding Act 2018,
(iii) the Lobbying of Government Officials Act 2011,
(iv) the Local Government Act 1993 (but only in connection with the conduct of a local government election), and
(d) conduct and promote research into electoral matters and other matters that relate to its functions, and publish the results of any such research, and
(e) promote public awareness of electoral matters that are in the general public interest by means of education and information programs.
It is the duty of the Electoral Commission to exercise its functions under this or any other Act in a manner that is not unfairly biased against or in favour of any particular parties, groups, candidates or other persons, bodies or organisations.
The Electoral Commission is not subject to the control or direction of the Minister in the exercise of its functions.
The Governor may appoint an Electoral Commissioner for New South Wales.
Schedule 2 contains provisions relating to the Electoral Commissioner.
The Electoral Commissioner has the following functions—
(a) the general administration of the provisions of this Act relating to the conduct of elections,
(b) any other functions conferred or imposed on the Commissioner by or under this or any other Act.
Without limiting subsection (1), the Electoral Commissioner has the function of dealing with the following matters—
(a) the enrolment of electors,
(b) the maintenance of the Electoral Information Register,
(c) the preparation of authorised rolls for elections and other lists of electors under this Act.
It is the duty of the Electoral Commissioner to exercise his or her functions under this or any other Act in a manner that is not unfairly biased against or in favour of any particular parties, groups, candidates or other persons, bodies or organisations.
The Electoral Commissioner is not subject to the control or direction of the Minister or the Electoral Commission in the exercise of his or her functions under this or any other Act (other than functions of the Electoral Commission that are delegated to the Electoral Commissioner).
The Electoral Commissioner may conduct an election for a person, body or an organisation, whether inside New South Wales or otherwise, on the payment of a fee or charge to be determined by the Electoral Commissioner.
Without limiting subsection (1), goods and services may be provided in the course of conducting such an election.
A summary of the elections conducted and any such goods or services provided under this section during a year must be included in the annual report of the Electoral Commission relating to that year.
Under the Local Government Act 1993, a local council can enter into an arrangement with the Electoral Commissioner for the Electoral Commissioner to administer the local council’s elections.
The Electoral Commissioner is not required to vote at any State election or at any local government election.
Persons may be employed in the Public Service to enable the Electoral Commission and the Electoral Commissioner to exercise their functions. The persons so employed are to be employed in a separate Public Service agency and may be referred to as members of staff of the Electoral Commission.
Any conditions of employment (within the meaning of the Industrial Relations Act 1996) determined by the Electoral Commissioner under the Government Sector Employment Act 2013 with respect to any such persons who are employed in casual employment in connection with an election have effect despite any State industrial instrument that applies to Public Service casual employees generally, unless the instrument expressly applies to those casual employees.
The Electoral Commission may delegate any of the Electoral Commission’s functions (other than this power of delegation) to—
(a) the Electoral Commissioner, or
(b) a member of staff of the Electoral Commission, or
(c) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory, or
(d) any person, or any class of persons, authorised for the purposes of this subsection by the regulations.
The Electoral Commissioner may delegate any of the Electoral Commissioner’s functions (other than this power of delegation) to—
(a) a member of staff of the Electoral Commission, or
(b) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory, or
(c) any person, or any class of persons, authorised for the purposes of this subsection by the regulations.
Without limiting subsection (2), the Electoral Commissioner may delegate any of the Electoral Commissioner’s functions as a returning officer for an Assembly election or a periodic Council election (other than this power of delegation) to an election official.
A delegation under this section may be to a particular person, the holder of a particular position or a class of persons or holders of positions.
There is established by this Act an Electoral Districts Redistribution Panel (the
(a) a current or former Judge appointed by the Governor as the Chairperson of the Redistribution Panel,
(b) the Electoral Commissioner,
(c) the Surveyor-General.
In this section,
(a) a Judge of the Supreme Court of New South Wales or of any other State or Territory, or
(b) a Judge of the Federal Court of Australia, or
(c) a Justice of the High Court of Australia.
Schedule 3 contains provisions relating to the Redistribution Panel.
For the purposes of carrying out its functions, the Redistribution Panel may make use of the services of any of the members of staff of the Electoral Commission.
In relation to the exercise of their functions under this Part, the members of the Redistribution Panel have the powers and immunities of a commissioner, and the Chairperson of the Panel has the powers of a chairperson, within the meaning of Division 1 of Part 2 of the Royal Commissions Act 1923.
The provisions of that Act (other than section 13 and Division 2 of Part 2) apply, with all necessary changes, to any witness or person summoned by or appearing before the Panel.
If a distribution of electoral districts is required by the Constitution Act 1902, the Governor is to advise the Redistribution Panel of that fact.
In carrying out its functions, the Redistribution Panel, subject to complying with sections 28 and 28A of the Constitution Act 1902, is—
(a) to have regard to demographic trends within New South Wales and, as far as practicable, endeavour to ensure on the basis of those trends that, at the relevant future time, the number of electors enrolled in each electoral district will be equal (within a margin of allowance of 10 per cent more or less of the average enrolment in electoral districts at that future time), and
(b) subject to paragraph (a), to give due consideration, in relation to each electoral district, to—
(i) community of interests within the electoral district, including economic, social and regional interests, and
(ii) means of communication and travel within the electoral district, and
(iii) the physical features and area of the electoral district, and
(iv) mountain and other natural boundaries, and
(v) the boundaries of the existing electoral districts.
For the purposes of subsection (1) (a), the relevant future time is 4 years from the day of the return of the writs for choosing the Assembly that exists at the time the distribution is carried out.
As soon as practicable after the Redistribution Panel has been advised that a distribution is required, the Panel is to give public notice of the redistribution—
(a) in the Gazette, and
(b) on the Electoral Commission’s website, and
(c) in a newspaper published or circulating in New South Wales.
The public notice must—
(a) invite suggestions in writing, to be lodged with the Redistribution Panel within 30 days after the date the public notice was given (the
suggestion period ), relating to the distribution of New South Wales into electoral districts, and(b) invite comments in writing, to be lodged with the Panel within 14 days after the expiry of the suggestion period (the
comments period ), relating to any suggestions received by the Panel under this section, and(c) notify the public that any suggestions and comments lodged with the Panel will be made available for public inspection on the Electoral Commission’s website as soon as is reasonably practicable after the expiry of the suggestion period or comments period, as the case requires.
The Redistribution Panel is to make a copy of any suggestion or comment lodged with the Panel under this section available for public inspection on the Electoral Commission’s website as soon as is reasonably practicable after the expiry of the suggestion period or comments period, as the case requires.
The Redistribution Panel is to prepare a draft determination of the names and boundaries of electoral districts.
Before preparing the draft determination under this section, the Redistribution Panel is—
(a) to obtain, and consider, the advice of a recognised demographer, and
(b) to consider any suggestions or comments lodged with it under section 22.
The Redistribution Panel may determine the boundaries of electoral districts by reference to such matters (including cadastral, topographical, administrative and other spatial information) as the Panel thinks fit.
The Redistribution Panel is required to cause its determinations of the boundaries of electoral districts to be recorded in such a way as is readily accessible by members of the public.
The Redistribution Panel is to give public notice of its draft determination of the names and boundaries of electoral districts—
(a) in the Gazette, and
(b) on the Electoral Commission’s website, and
(c) in a newspaper published or circulating in New South Wales.
The public notice must—
(a) include a written statement that the following are available for inspection on the Electoral Commission’s website—
(i) a map setting out the Redistribution Panel’s proposed names and boundaries of electoral districts,
(ii) the Panel’s reasons for making the draft determination, and
(b) invite submissions in writing, to be lodged with the Panel within 30 days after the date the public notice was given (the
submission period ), relating to the draft determination, and(c) invite comments in writing, to be lodged with the Panel within 14 days after the expiry of the submission period (the
comments period ), relating to any submissions received by the Panel under this section, and(d) notify the public that any submissions and comments lodged with the Panel will be made available for public inspection on the Electoral Commission’s website as soon as is reasonably practicable after the expiry of the submission period or comments period, as the case requires.
The Redistribution Panel is to make a copy of any submission or comment lodged with the Panel under this section available for public inspection on the Electoral Commission’s website as soon as is reasonably practicable after the expiry of the submission period or comments period, as the case requires.
The Redistribution Panel is to consider any submission and comment lodged with the Panel under this section before making a final determination of the names and boundaries of electoral districts.
The Redistribution Panel must hold a public hearing into any submission or comment made under section 25 unless the Redistribution Panel is of the opinion that—
(a) the matters raised in the submission or comment were raised, or are substantially the same as matters that were raised, in suggestions or comments lodged under section 22, or
(b) the submission or comment is frivolous or vexatious.
Without limiting subsection (1), the Redistribution Panel may hold one public hearing into a number of submissions and comments.
At the public hearing, oral and further written submissions may be made to the Redistribution Panel by or on behalf of any person who, or organisation that, lodged a submission or comment under section 25.
The Redistribution Panel is not bound by the rules of evidence and may regulate the conduct of proceedings at the hearing as it considers fit.
Without limiting subsection (4), the Redistribution Panel may determine the following—
(a) the times and places for holding sessions of the public hearing,
(b) the manner in which oral or written submissions may be made to the Panel at the public hearing,
(c) the time within which written submissions may be made to the Panel,
(d) the extent to which the Panel may be orally addressed, and the persons by whom they may be orally addressed, on any submission.
The Redistribution Panel must consider all submissions made to it at a public hearing.
As soon as practicable after the Redistribution Panel has concluded its consideration of any submissions made to it (including any submissions and comments made under section 25), the Panel must consider its draft determination and prepare a revised determination of the names and boundaries of electoral districts.
If the Redistribution Panel is of the opinion that the Panel’s revised determination will not be significantly different from the draft determination, the Panel is to finally determine the names and boundaries of electoral districts.
If the Redistribution Panel is of the opinion that the Panel’s revised determination will be significantly different from the draft determination, the Panel must give public notice of its revised determination of the names and boundaries of electoral districts—
(a) in the Gazette, and
(b) on the Electoral Commission’s website, and
(c) in a newspaper published or circulating in New South Wales.
The public notice must—
(a) include a written statement that the following is available for inspection on the Electoral Commission’s website—
(i) a map setting out the Redistribution Panel’s proposed names and boundaries of electoral districts,
(ii) the Panel’s reasons for making the revised determination, and
(b) invite objections in writing, to be lodged with the Panel within 30 days after the date the public notice was given (the
objection period ), relating to the revised determination, and(c) invite comments in writing, to be lodged with the Panel within 14 days after the expiry of the objection period (the
comments period ), relating to any objection received by the Panel under this section, and(d) notify the public that any objections and comments lodged with the Panel will be made available for public inspection on the Electoral Commission’s website as soon as is reasonably practicable after the expiry of the objection period or comments period, as the case requires, and
(e) state that a further public hearing may be held relating to any such objections or comments.
The Redistribution Panel is to make a copy of any objection or comment lodged with the Panel under this section available for public inspection on the Electoral Commission’s website as soon as is reasonably practicable after the expiry of the objection period or comments period, as the case requires.
If public notice is given under subsection (3)—
(a) a person who, or an organisation that, was entitled to make submissions to the public hearing may lodge with the Panel a written objection or comment relating to an objection, and
(b) the Redistribution Panel must hold a public hearing into any such objection or comment, and
(c) section 26 applies to a public hearing into any such objection or comment under this section as if the objection or comment were a submission or comment lodged with the Redistribution Panel in relation to a draft determination.
Note— Section 26 (1), as applied, provides that the Redistribution Panel must hold a public hearing into an objection or comment made under this subsection unless the Redistribution Panel is of the opinion that—
(a) the matters raised in the objection or comment were already raised, or are substantially the same as matters that were already raised, in suggestions, objections or comments lodged under this Division, or
(b) the objection or comment is frivolous or vexatious.
The Redistribution Panel must, as soon as practicable, complete—
(a) the Panel’s consideration of any objections and comments lodged with it under this section, and
(b) any public hearings into those objections.
As soon as practicable after the Redistribution Panel has completed the public hearing under subsection (6) into any objections or comments, the Panel is to finally determine the names and boundaries of electoral districts.
The Redistribution Panel is not required to invite further suggestions, submissions, objections or comments or to hold any hearings into any such further suggestions, submissions, objections or comments that are received.
As soon as practicable after the Redistribution Panel has finally determined the names and boundaries of electoral districts, the Panel must give that final determination to the Governor.
The Governor is to cause a proclamation to be published in the Gazette, setting out—
(a) the name of each electoral district, and
(b) a map of each electoral district.
On publication of a proclamation under this section, the electoral districts specified in the proclamation are, until altered by a further distribution required under the Constitution Act 1902, the electoral districts of New South Wales.
The Electoral Commission must ensure, as far as is reasonably practicable, that maps indicating the names and boundaries of those electoral districts are available for inspection on the Electoral Commission’s website.
Despite subsection (2), the electoral districts existing immediately before the publication of a proclamation under this section remain, for the purposes of any by-election to be held before the dissolution or expiry of the Assembly following that publication, the electoral districts of New South Wales.
The Redistribution Panel is to ensure that a copy of the maps of the electoral districts is lodged with the Surveyor-General, who is required to keep that copy at least until the next distribution of electoral districts.
The copy lodged with the Surveyor-General is evidence of the boundaries of the electoral districts to which it relates.
Section 9C of the Surveying and Spatial Information Act 2002 requires details of electoral districts to be included in the register of public surveys.
Under this Act there is no permanent roll of electors. However—
(a) the person’s name and enrolment details will be recorded in the Electoral Information Register maintained under this Act—see Division 4 (Electoral Information Register) of Part 5 (Enrolment procedures and information), and
(b) the person’s name will appear on an authorised roll prepared for a particular election and on other lists of electors prepared under this Act—see Division 6 (Authorised rolls) of Part 5 (Enrolment procedures and information).
A person is entitled to be enrolled in respect of an address in New South Wales if the person—
(a) has attained 16 years of age, and
Note— A person is not entitled to vote until the person is 18 years of age—see section 31.
(b) is an Australian citizen, and
(c) resides at that address and has resided at that address for at least 1 month before the enrolment.
Section 4 (2) of this Act provides that an elector is
A person who is not entitled to be enrolled under subsection (1) is entitled to be enrolled if the person is enrolled under any of the following provisions of the Commonwealth Act in respect of an address in New South Wales—
(a) section 93 (1) (b) (ii)—being British subjects enrolled in relation to a Commonwealth division before 26 January 1984,
(b) section 94—enrolled voters leaving Australia,
(c) section 94A—voters enrolled outside Australia,
(d) section 95—spouse, de facto partner or child of eligible overseas elector,
(e) section 96—itinerant electors.
Subject to subsection (2), a person is not entitled to be enrolled in respect of any address other than the address at which the person is residing at the date—
(a) that the person lodged his or her application for enrolment (or application for a change of address), or
(b) that the Electoral Commissioner enrolled the person (or changed the person’s enrolment details to record a change of address).
A person is not entitled to be enrolled if the person has been convicted of an offence, whether in New South Wales or elsewhere, and has been sentenced in respect of that offence to imprisonment for 12 months or more and is in prison serving that sentence.
Subject to this Act, a person who is enrolled for a district is entitled to vote at any election for the Assembly for the district.
Section 22 of the Constitution Act 1902 provides that persons entitled to vote at a general election of members of the Legislative Assembly, and only those persons, are entitled to vote at a periodic Council election.
Despite subsection (1), a person who has been enrolled, but who has not attained 18 years of age on the date appointed as the election day for an election, is taken for the purposes of that election to not be enrolled or entitled to be enrolled.
Accordingly, a person is not entitled to vote or be appointed as a scrutineer if he or she has not attained 18 years of age.
Every person who—
(a) has attained the age of 18 years, and
(b) is not enrolled, and
(c) is entitled to be enrolled (other than under section 30 (2)),
must, within 21 days of becoming entitled to be enrolled, complete and lodge an application for enrolment in the approved manner and form, unless the person has been notified by the Electoral Commissioner that the person has been enrolled by the Electoral Commissioner.
Maximum penalty—1 penalty unit.
In many circumstances, a person will be automatically enrolled by the Electoral Commissioner under section 34.
If a person (including a silent elector)—
(a) is enrolled, and
(b) changes residence from the person’s enrolled address to another address in New South Wales,
the person must, within 21 days of becoming entitled to be enrolled in respect of the other address, complete and lodge an application for a change of address in the approved manner and form, unless the person has been notified by the Electoral Commissioner that the elector’s enrolment details have been changed.
Maximum penalty—1 penalty unit.
In many circumstances, an elector’s enrolment details will be automatically updated by the Electoral Commissioner under section 34.
Every person who—
(a) has not attained the age of 18 years, and
(b) is entitled to be enrolled, and
(c) is not enrolled,
may complete and lodge an application for enrolment in the approved manner and form.
A person who has attained 16 years of age, is an Australian citizen and resides at an address in New South Wales is entitled to be enrolled in respect of that address—see section 30. However, the person is not entitled to vote until the person is 18 years of age—see section 31.
An application for enrolment under subsection (1) or (3) or for a change of address under subsection (2) must be supported by the evidence of the applicant’s identity that is required by the regulations (if any).
If a person—
(a) lodges an application for enrolment, or an application for a change of address, to the Electoral Commissioner, or
(b) forwards a claim for enrolment, or a claim for a transfer of enrolment, to the Australian Electoral Commission,
proceedings are not to be commenced against that person for any alleged offence against this section committed before the person lodged the application or forwarded the claim.
If a person wishes to make an application for enrolment, or an application for a change of address, and a registered medical practitioner has certified, in writing, that the person cannot physically sign the application, another person may, on behalf of the person, complete and lodge the application in accordance with the directions of the person.
A registered medical practitioner’s certificate referred to in subsection (6) is to be lodged with the application to which it relates.
The Electoral Commissioner may enrol a person—
(a) on the Electoral Commissioner’s own initiative under section 34, or
(b) in response to an application for enrolment under section 35.
The Electoral Commissioner may change an elector’s enrolment details to record a change of address—
(a) on the Electoral Commissioner’s own initiative under section 34, or
(b) in response to an application for a change of address under section 35.
If the Electoral Commissioner, at any time, believes that a person who is not enrolled is entitled to be enrolled, the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that—
(a) the Electoral Commissioner believes that the person should be enrolled, and
(b) the Electoral Commissioner will enrol the person unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner’s belief is incorrect (and gives the reasons why that is so).
If no notification is made by the person under subsection (1) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is entitled to be enrolled, the Electoral Commissioner is to—
(a) enrol the person, and
(b) notify the person in writing (including by email, SMS text message or other electronic means) that he or she has been enrolled.
If the Electoral Commissioner, at any time, believes that a person is incorrectly enrolled in respect of an address (the
(a) the Electoral Commissioner believes that the person should not be enrolled in respect of the first address, but should be enrolled in respect of the second address, and
(b) the Electoral Commissioner will change the person’s enrolment details unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner’s belief is incorrect (and gives the reasons why that is so).
If no notification is made by the person under subsection (3) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is incorrectly enrolled in respect of the first address, but is entitled to be enrolled in respect of the second address, the Electoral Commissioner is to—
(a) change the person’s enrolment details to record the second address as the person’s enrolled address, and
(b) notify the person in writing (including by email, SMS text message or other electronic means) that the person’s enrolment details have been so changed.
If the Electoral Commissioner, at any time, believes that a person who is enrolled is not entitled to be enrolled, the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that—
(a) the Electoral Commissioner believes that the person should not be enrolled, and
(b) the Electoral Commissioner will terminate the person’s enrolment unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner’s belief is incorrect (and gives the reasons why that is so).
If no notification is made by the person under subsection (5) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is not entitled to be enrolled, the Electoral Commissioner is to—
(a) terminate the person’s enrolment, and
(b) notify the person in writing (including by email, SMS text message or other electronic means) that his or her enrolment has been terminated.
The Electoral Commissioner may exercise the functions under subsections (1)–(6) on the Electoral Commissioner’s own initiative.
Without limiting subsections (1)–(6), the Electoral Commissioner may form a belief by—
(a) consulting electoral enrolment details on any roll kept under the Commonwealth Act, and
(b) consulting and using information collected under Division 5.
Note— The Electoral Commissioner may use information collected under Division 5, from bodies such as Transport for NSW and the Registry of Births, Deaths and Marriages, to enrol persons or update their enrolment details.
Nothing in this section prevents the Electoral Commissioner enrolling a person during the period of any election, including after the issue of the writ for the election.
If a person has been enrolled by the Electoral Commissioner under this section and the person believes that the person is not entitled to be so enrolled or is enrolled in relation to an incorrect address, the person may complain to the Electoral Commissioner regarding the person’s own enrolment under section 38.
Alternatively, if the person is entitled to be enrolled in relation to another address, the person could simply complete and lodge an application for enrolment or an application for a change of address.
The Electoral Commissioner, on receiving an application for enrolment, subject to subsection (6), must—
(a) if the application is in order and the Electoral Commissioner is satisfied that the applicant is entitled to be enrolled—
(i) enrol the person, and
(ii) notify the person in writing that he or she has been enrolled, and
(b) in a case where the person is already correctly enrolled—notify the person in writing that, in the Electoral Commissioner’s opinion, the person’s existing enrolment is correct, and
(c) if the application is not in order or the Electoral Commissioner is not satisfied that the person is entitled to be enrolled—notify the person in writing that his or her application has been rejected.
The Electoral Commissioner, on receiving an application for a change of address, subject to subsection (6), must—
(a) if the application is in order and the Electoral Commissioner is satisfied that the applicant is entitled to be enrolled in respect of the new address specified in the application—
(i) change the person’s enrolment details to record the person’s new address as the person’s enrolled address, and
(ii) notify the person in writing that the person’s enrolment details have been so changed, and
(b) in a case where the person is already correctly enrolled—notify the person in writing that, in the Electoral Commissioner’s opinion, the person’s existing enrolment details are correct, and
(c) if the application is not in order or the Electoral Commissioner is not satisfied that the person is entitled to be enrolled—notify the person in writing that his or her application has been rejected.
A notification in writing by the Electoral Commissioner under this section may be made by email, SMS text message or other electronic means if the applicant has consented in the application to communication by that means.
A notice of a decision given to a person by the Electoral Commissioner under subsection (1) (b) or (c) or (2) (b) or (c) is to include—
(a) a statement of the reasons for the decision, and
(b) a statement advising the person that—
(i) the person is entitled to make a complaint to the Electoral Commissioner regarding the enrolment of the person or the failure to enrol the person, and
(ii) if the person is dissatisfied by the handling of that complaint, the person may apply to the Civil and Administrative Tribunal for an administrative review of the decision of the Electoral Commissioner regarding the complaint.
Nothing in this section prevents the Electoral Commissioner enrolling a person during the period of any election, including after the issue of the writ for the election.
The regulations may make provision for or with respect to the giving of notice by the Electoral Commissioner to an elector of his or her enrolment.
A person may lodge a request in the approved form that the person’s residential address be omitted from any authorised roll or list of electors if the person considers that having that address on a roll or list of electors places or would place the personal safety of the person or of members of the person’s family at risk.
A request must—
(a) give particulars of the relevant risk, and
(b) be verified by statutory declaration by the person making the request.
If the Electoral Commissioner is satisfied that having the residential address of the person making the request on an authorised roll or a list of electors places or would place the personal safety of the person or of members of the person’s family at risk, the Electoral Commissioner must ensure that the address of the person is omitted from any such roll or list.
The Electoral Commissioner must notify the person in writing (including by email, SMS text message or other electronic means if the person has requested or consented to notification by that method) of a decision to grant or refuse a request made by a person under subsection (1).
If a person’s address has been excluded or omitted from a roll kept under the Commonwealth Act by operation of section 104 of that Act—
(a) the Electoral Commissioner must ensure that the address of the person is omitted from any authorised roll or list of electors prepared under this Act, and
(b) the person is taken to be a silent elector under this Act.
An elector may apply to the Electoral Commissioner to be a registered early voter if—
(a) the elector’s residence is not within 20 kilometres, by the nearest practicable route, of a voting centre, or
(b) by reason of being seriously ill or infirm, the elector is unable to travel from the place where he or she resides (other than a hospital that is a voting centre), or
(c) because he or she will be at a place (other than a hospital that is a voting centre) caring for a person who is seriously ill or infirm, the elector is unable to travel from that place to a voting centre, or
(d) the elector is enrolled pursuant to an application made under section 32 (6) (which contemplates the provision of a registered medical practitioner’s certificate), or
(e) a registered medical practitioner has certified that the elector cannot physically sign the elector’s name, or
(f) the elector is a silent elector, or
(g) the elector is a person with a disability (within the meaning of the Anti-Discrimination Act 1977), or
(h) because of his or her religious beliefs or membership of a religious order, the elector—
(i) is precluded from attending a voting centre, or
(ii) for the greater part of the hours of voting on an election day, is precluded from attending a voting centre.
An application is to be made in the manner and form approved by the Electoral Commissioner and is to specify which of the 2 classes of registered early voter the elector is applying to belong to—
(a) the registered early voter (postal) class—being the class of registered early voters who may early vote at elections by post, or
(b) the registered early voter (technology assisted voting) class—being the class of registered early voters who may early vote at elections by means of technology assisted voting.
The Electoral Commissioner—
(a) may accept or reject an application under this section to grant the elector registered early voter status, and
(b) if the application is accepted, must specify the class of registered early voter that the elector has been granted, and
(c) must advise the person in writing of the Electoral Commissioner’s decision under this subsection.
An application may be made under subsection (1) (d) or (e) by another person acting on behalf of the elector if a registered medical practitioner has certified, in writing, that the elector cannot physically sign the elector’s name.
A certificate referred to in subsection (1) (d) or (e) or (4) is to be lodged with the application to which it relates.
The Electoral Commissioner may withdraw registered early voter status from an elector if the Electoral Commissioner is satisfied that the elector is no longer an elector of a kind described in subsection (1).
An elector who is a registered general postal voter under the Commonwealth Act is, unless the elector is a registered early voter (technology assisted voting), taken to be a registered early voter (postal).
A person may complain to the Electoral Commissioner regarding—
(a) the enrolment of a person (including the person’s own enrolment), or
(b) the enrolment details recorded about a person, or
(c) the failure to enrol a person.
A complaint made by a person must—
(a) be in writing and in the approved form, and
(b) be signed by the person, and
(c) set out the ground of the complaint.
The Electoral Commissioner is to investigate a complaint made under this Division.
After investigating the complaint, the Electoral Commissioner may—
(a) enrol, or terminate the enrolment of, the person concerned, or
(b) correct any information relating to the person kept on the Electoral Information Register, or
(c) refuse to take any of the actions referred to in paragraphs (a) and (b).
The Electoral Commissioner is to give the complainant and the person whose enrolment is the subject of the complaint written notice of the Electoral Commissioner’s decision under this section and the reasons for the decision.
A person who has made a complaint under Division 2 may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision of the Electoral Commissioner regarding the complaint.
The Electoral Commissioner is to keep and maintain records of all persons enrolled under this Act in a register (the
The register is to include—
(a) the surname, given name or names, date of birth and sex of each enrolled person, and
(b) the residence of the person (except in relation to an eligible overseas elector or an itinerant elector), and
(c) the electoral district for which the person is enrolled, and
(d) whether the person is a silent elector, and
(e) whether the person is a registered early voter, and, if so, whether the person is a registered early voter (postal) or a registered early voter (technology assisted voting), and
(f) such other particulars as the Electoral Commissioner considers necessary to carry out his or her functions under this Act, and
(g) such other particulars as are prescribed by the regulations.
The register is to be kept in an electronic form.
The Electoral Commissioner must use the Electoral Commissioner’s best endeavours to revise and update the Electoral Information Register to ensure that it is accurate.
Without limiting any other function of the Electoral Commissioner in relation to the Electoral Information Register, the Electoral Commissioner may alter the register by doing any of the following—
(a) correcting any mistake or omission in the particulars of the enrolment of an enrolled person,
(b) altering the particulars of the enrolment of an enrolled person (including the inclusion of particulars in compliance with a requirement under section 41 (2) (f) or (g)),
(c) removing the name of any deceased person,
(d) removing the name of a person who has been convicted and sentenced to a term of imprisonment of 12 months or longer and is in prison pursuant to that sentence,
(e) removing any superfluous entry where the name of the same person appears more than once,
(f) reinstating any name removed by mistake as the name of a deceased person,
(g) reinstating any name removed as the result of a complaint, where satisfied that the complaint was based on a mistake as to fact and that the person whose enrolment was the subject of the complaint is still entitled, and has continuously been entitled, to the enrolment in respect of which the complaint was made,
(h) reinstating any other name removed by mistake or which has been accidentally omitted,
(i) altering any particulars of the enrolment of a person necessitated—
(i) by a redistribution under Part 3, or
(ii) by the numbering or re-numbering or naming or re-naming of the person’s place of residence, or
(iii) by the naming or re-naming of a street, public place or locality, or
(iv) for any other similar reason.
The Electoral Commissioner must ensure that the Electoral Information Register is not available for public inspection and is not disclosed.
Division 7 of this Part deals with the public inspection of authorised rolls and other lists of electors.
It is an offence for any person to disclose any information obtained in connection with the administration or execution of this Act (or any other Act conferring or imposing functions on the Electoral Commission or Electoral Commissioner) except in certain specified circumstances—see section 268 (Disclosure of information).
The Electoral Commissioner is—
(a) to collect such information (
electoral information ) as the Electoral Commissioner considers necessary for the maintenance and revision of the Electoral Information Register, and(b) to maintain and regularly revise that electoral information.
Without limiting subsection (1), the Electoral Commissioner may collect personal information (including a person’s telephone and email contact details and any other information or code used to identify a person) relating to a person for the purposes of determining the following—
(a) whether the address for which the person is enrolled is the person’s real residence,
(b) if the person is not enrolled—whether the person is entitled to be enrolled for any district.
The Electoral Commissioner (and officers acting under the direction of the Electoral Commissioner) are exempt from any requirements of the Privacy and Personal Information Protection Act 1998 relating to the collection, use or disclosure of personal information to the extent that personal information is collected, used or disclosed for the purposes of or in connection with this section.
In this section,
The Electoral Commissioner may, by notice in writing, require any of the following persons, within the time and in the manner and form specified in the notice, to provide the information requested in the notice, being information that in the opinion of the Electoral Commissioner is required in connection with the maintenance and revision of the Electoral Information Register—
(a) a person employed in the government sector (within the meaning of section 3 of the Government Sector Employment Act 2013),
(b) a police officer,
(c) a member of staff of a council within the meaning of the Local Government Act 1993,
(d) Sydney Water Corporation,
(e) Hunter Water Corporation,
(f) a distributor within the meaning of the Electricity Supply Act 1995,
(g) a university established or constituted by an Act of New South Wales,
(h) an enrolled person or person entitled to be enrolled.
It is the duty of a person referred to in subsection (1) to comply with a notice under this section.
Without limiting subsection (1), the Electoral Commissioner may request—
(a) information of a kind required by the Electoral Commissioner for any purpose relating to the enrolment of electors, or
(b) such information as is required to enable the Electoral Commissioner to detect—
(i) persons or classes of persons who may be incorrectly enrolled, or
(ii) persons or classes of persons (whether of particular ages or otherwise) who may be entitled to enrolment, or
(iii) persons who, being 16 years but not 18 years of age, may be entitled to make applications to be enrolled, or
(iv) other persons or classes of persons who may be affected by this Part or regulations made for the purposes of this Part.
The regulations may make provision for or with respect to the collection of information by persons referred to in subsection (1) (a)–(c) on behalf of the Electoral Commissioner.
For example, a regulation may provide that Transport for NSW in its application forms is to collect information such as mobile phone numbers and email addresses for the purposes of notifying electors under section 34.
The Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 do not apply in relation to the disclosure of personal information or health information to the extent that the information is provided under this section to the Electoral Commissioner.
The Electoral Commissioner and officers acting under the direction of the Electoral Commissioner are exempt from any requirements of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 relating to the collection, use or disclosure of personal information or health information to the extent that the information is provided under this section.
The Electoral Commissioner is to prepare an authorised roll of electors for a district for use at voting centres at an election.
An authorised roll—
(a) must be prepared by the Electoral Commissioner as soon as practicable after the issue of the writ for an election, and
(b) must be prepared by the Electoral Commissioner when so required under any other Act, and
(c) may contain only the following information—
(i) the surname, given name or names, date of birth and sex of each elector,
(ii) the residence of the elector (except in relation to an eligible overseas elector or an itinerant elector), and
Note— Section 36 (Silent electors: request for address to be omitted from authorised rolls or any other list of electors) provides for the exclusion of the address of an elector from an authorised roll in certain circumstances.
(d) may be in a form determined by the Electoral Commissioner.
A person who will not attain 18 years of age on or by the election day for an election is not entitled to be included on an authorised roll prepared by the Electoral Commissioner in relation to the election.
As soon as practicable after an authorised roll for a district has been prepared by the Electoral Commissioner after the issue of the writ for an election, the Commissioner is to make a copy of the roll available for public inspection.
The copy of the authorised roll is—
(a) to be made available, during ordinary office hours, for public inspection without fee at the office of the Electoral Commission and such other place or places as the Electoral Commissioner determines, and
(b) to remain available for public inspection until 40 days after the return of the writ.
The Electoral Commissioner may make a copy of an authorised roll available for public inspection without fee in any other way that the Commissioner considers appropriate.
A person inspecting a copy of an authorised roll under this section is not entitled to use a device (such as a camera, mobile phone, video recorder or other electronic device) to copy, record or transmit the contents of the roll or any part of the roll, but this subsection does not prevent a person taking hand-written notes of any of those contents.
A copy of an authorised roll made available under this section must not contain any particulars relating to a person’s date of birth.
The authorised roll used at a voting centre will specify a person’s date of birth. It is only the special copy prepared for the purposes of this section that will have the date of birth removed.
An authorised roll is a public register for the purposes of the Privacy and Personal Information Protection Act 1998 and is subject to the provisions of that Act relating to such public registers.
Section 222 (Election information) provides that, after an election, the Electoral Commissioner may provide registered parties and members of Parliament (who are not members of a registered party) with certain election information setting out the names and addresses of electors who voted and the methods of voting used and the places at which electors voted.
The Electoral Commissioner may determine the manner and form in which information is to be provided under this Division.
Without limiting subsection (1), the Electoral Commissioner may determine that the information is to be provided in a written or an electronic form.
Information provided under this Division must not contain—
(a) particulars of a silent elector’s residence, or
(b) any particulars relating to an enrolled person as may be prescribed by the regulations.
Section 36 (Silent electors: request for address to be omitted from authorised rolls or any other list of electors) provides for the omission of the address of an elector from an authorised roll or list of electors in certain circumstances.
Despite any other provision of this Division, the Electoral Commissioner may, before providing a person or body with information under this Division, require that the person or body provide the Electoral Commissioner with an undertaking that the person or body’s systems and procedures are adequate to preserve the security of that information.
A reference in this section to information being provided includes a reference to—
(a) a copy of an authorised roll being made available for public inspection, and
(b) a copy of an authorised roll or a list of electors being given to a person or body.
The Electoral Commissioner must provide to each registered party, free of charge, a list specifying enrolled persons and their particulars—
(a) once every 4 years, and
(b) as soon as practicable after the redistribution of New South Wales into districts, and
(c) on receiving a request from the registered officer of the party, and
(d) at such other times as the Electoral Commissioner considers appropriate.
The Electoral Commissioner must provide to each member of the Council, free of charge, a list specifying enrolled persons and their particulars—
(a) once every 4 years, and
(b) as soon as practicable after the redistribution of New South Wales into districts, and
(c) on receiving a request from the member but not more than once each year, and
(d) at such other times as the Electoral Commissioner considers appropriate.
The Electoral Commissioner must provide to each member of the Assembly, free of charge, a list specifying enrolled persons and their particulars for the district for which the member was elected—
(a) once every 4 years, and
(b) as soon as practicable after the redistribution of New South Wales into districts, and
(c) on receiving a request from the member but not more than once each year, and
(d) at such other times as the Electoral Commissioner considers appropriate.
On a redistribution of New South Wales into districts, the Electoral Commissioner must provide to each member of the Assembly, free of charge—
(a) a list specifying enrolled persons for the district for which the member was elected, and
(b) a list specifying enrolled persons for the district whose name and area are published under section 29 and that, in the opinion of the Commissioner, most resembles the district for which the member was elected,
and their particulars—
(c) as soon as practicable after the redistribution, and
(d) on receiving a request from the member but not more than once each year.
At the request of a member of the Assembly but not more than 6 times each year, the Electoral Commissioner must provide to the member, free of charge—
(a) a list specifying persons whose enrolled addresses were in the district represented by the member immediately before a list was last provided under this subsection but are no longer in that district, and
(b) a list specifying persons whose enrolled addresses were not in the district represented by the member immediately before a list was last provided under this subsection but are now in that district,
and their particulars.
At the request of any candidate for a periodic Council election, the Electoral Commissioner must provide to the candidate, free of charge, a list of electors and their particulars in a form determined by the Commissioner.
At the request of any candidate for an Assembly general election or by-election, the Electoral Commissioner must provide to the candidate, free of charge, a list of electors for the district for which the candidate is seeking election and their particulars in a form determined by the Commissioner.
The Electoral Commissioner is taken to have provided a member or candidate who is a member of a registered party with the list of electors and particulars required by this section if the Electoral Commissioner has provided the required list and particulars to the member or candidate’s registered party in accordance with subsection (1) (a) or (b).
Nothing in subsection (8) prevents a member or candidate who is a member of a registered party requesting a list of electors and particulars be provided directly to the member or candidate under subsection (2) (c), (3) (c), (6) or (7).
A member or candidate who is a member of a registered party, when making a request for a list of electors and particulars under this section, may request that the list and particulars be provided to that registered party for forwarding to the member or candidate.
After receiving a request from any person not referred to in section 49 for a list of enrolled persons and their particulars, the Electoral Commissioner must—
(a) identify the public interest in providing the requested information, and
(b) make a finding on whether or not the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information in the particular circumstances.
Subject to subsection (3), if the Electoral Commissioner has made a finding under subsection (1) that the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information, the Commissioner may—
(a) provide to the person a list specifying enrolled persons and particulars that, in the opinion of the Electoral Commissioner, are relevant to the person’s request, and
(b) charge a fee that covers the cost to the Electoral Commissioner of providing the list.
The Electoral Commissioner must obtain from the person to be provided with information under this section an undertaking that the person will—
(a) only use the information for the purpose for which the Electoral Commissioner agreed to provide the information, and
(b) not copy the information or give it to any other person, and
(c) return the information to the Electoral Commissioner or destroy the information after using it for the purpose for which the Electoral Commissioner agreed to provide the information.
A person must not, without reasonable excuse, refuse or fail to comply with such an undertaking.
Maximum penalty—1,000 penalty units.
If the Electoral Commissioner provides enrolment information under this section—
(a) to a person who conducts medical research, or
(b) to a person who provides a health screening program,
the Electoral Commissioner may include in the enrolment information the age ranges and sex of enrolled persons in a form determined by the Electoral Commissioner.
The Electoral Commissioner must publish any finding made under subsection (1) and the reasons for that finding on the Electoral Commission’s website.
A summary of any findings made under subsection (1) and the reasons for each of them during a year must be included in the annual report of the Electoral Commission relating to that year.
A registered party or other person must not use enrolment information that is provided by the Electoral Commissioner under section 49 except for a purpose that is a permitted purpose in relation to the party or person to whom the information was provided.
Maximum penalty—1,000 penalty units.
The permitted purposes in relation to a registered party or a candidate are—
(a) any purpose in connection with an election, and
(b) monitoring the accuracy of enrolment information kept and maintained by the Electoral Commissioner, and
(c) any purpose prescribed by the regulations,
but do not include any purpose prescribed by the regulations as an excluded purpose.
The permitted purposes in relation to a member of the Council are—
(a) any purpose in connection with an election, and
(b) monitoring the accuracy of enrolment information kept and maintained by the Electoral Commissioner, and
(c) exercising the functions of a member in relation to an elector.
The permitted purposes in relation to a member of the Assembly are—
(a) any purpose in connection with an election, and
(b) monitoring the accuracy of enrolment information kept and maintained by the Electoral Commissioner, and
(c) exercising the functions of a member in relation to the member’s constituents.
A person must not disclose protected information unless the disclosure would be a use of the information for a permitted purpose under section 51.
A person must not use protected information for a commercial purpose.
Without limiting subsection (2), protected information is used for a commercial purpose if it is sold or provided or offered for sale (whether for cash or any other valuable consideration).
Subsection (2) does not apply to the use of protected information provided under section 50 for a commercial purpose where that use is in accordance with or is implicit in the finding of the Electoral Commissioner under that section concerning the public interest in providing the information.
For the purposes of this section, enrolment information is protected information if the person knows, or ought reasonably to know, that the information has been provided under section 49 or 50.
Maximum penalty—1,000 penalty units.
The Electoral Commissioner may provide access (including in person, online or by telephone) to the enrolment information kept and maintained by the Electoral Commissioner for the purpose of allowing an individual to ascertain whether or not he or she is correctly enrolled.
The Electoral Commissioner may determine the manner and form in which information is to be available under this section.
The Electoral Commissioner must take such reasonable steps as the Commissioner considers necessary to ensure that information relating to an individual is available only to—
(a) that individual, or
(b) a person who is authorised by that individual to access that information.
Nothing in this Division applies in relation to the furnishing of information to the Australian Electoral Commission for the purposes of or in connection with an arrangement referred to in section 56.
A person who acquires information in the exercise of functions under Division 5 must not, directly or indirectly—
(a) make a record of the information, or
(b) divulge the information to another person,
except in the exercise of functions under this Part.
Maximum penalty—1,000 penalty units.
Despite subsection (1), information may be divulged—
(a) to a particular person or persons, if the Electoral Commissioner certifies that it is necessary in the public interest that the information be divulged to the person or persons, or
(b) to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates.
A person cannot be required—
(a) to produce in any court any document or other thing that has come into the person’s possession, custody or control by reason of, or in the course of, the exercise of the person’s functions under Division 5, or
(a) under section 11 as Electoral Commissioner, or
(b) under subclause (1) to act as Electoral Commissioner.
A person appointed under subclause (3)(b) may, during an illness or absence of the Electoral Commissioner, act as Electoral Commissioner until a person is appointed by the Minister to act as Electoral Commissioner under subclause (2).
Despite subclause (3B), a person appointed under subclause (3)(b) may, outside an election period, act as Electoral Commissioner for a period of not more than 30 days.
To avoid doubt, a person authorised under this clause to appoint a person to act as Electoral Commissioner may terminate the appointment.
A person, while acting as Electoral Commissioner under this clause, has and may exercise the functions of the Electoral Commissioner and is taken to be the Electoral Commissioner.
A person who is not eligible for appointment as Electoral Commissioner cannot be appointed to act as Electoral Commissioner under this clause.
The Electoral Commissioner must, as soon as practicable, advise the Minister of any appointment under subclause (3) or of the termination of any such appointment.
The appointment of a person under subclause (3) terminates if the person ceases to be a member of staff of the Electoral Commission.
A person, while acting as Electoral Commissioner under this clause, is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person while so acting.
Nothing in this clause limits the application of section 47 of the Interpretation Act 1987 in relation to any appointment under this clause.
No person is to be concerned to inquire whether or not occasion has arisen authorising a person to be appointed to act as Electoral Commissioner, or authorising such a person to act as Electoral Commissioner, under this clause.
In this clause—
(a) in relation to a local government election—the period starting with the closing date for the election and ending 30 days after polling day (within the meaning of the Local Government Act 1993), and
(b) in relation to a State election—the period between the issue of the writ or writs for an election and the return of the writ or all the writs.
The office of Electoral Commissioner is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office.
A matter or thing done or omitted to be done by the Electoral Commissioner or a person acting under the direction of the Electoral Commissioner does not, if the matter or thing was done or omitted to be done in good faith for the purpose of exercising a function under this Act, subject the Electoral Commissioner or person so acting personally to any action, liability, claim or demand.
However, any such liability attaches instead to the Crown.
(Section 18 (1))
In this Schedule—
A person is not eligible for appointment as Chairperson if the person is (or was at any time during the period of 5 years immediately preceding the proposed appointment) any of the following—
(a) a member or officer of a party,
(b) a member of any legislature (in Australia or in any other country) or a candidate for election as such a member,
(c) a councillor or mayor of a council, or the chairperson or a member of a county council, under the Local Government Act 1993 or a candidate for election to such an office,
(d) a party agent or official agent under the Electoral Funding Act 2018.
A person who is a member of a public authority constituted by an Act or of the governing body of any such public authority is also not eligible for appointment as Chairperson.
Subject to this Schedule, the Chairperson holds office for such period (not exceeding 7 years) as is specified in the Chairperson’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
Members hold office as part-time members.
The Chairperson is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.
A member (other than the Chairperson) is not entitled to be paid remuneration in relation to that membership.
However, a member is entitled to be paid such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member.
The office of Chairperson becomes vacant if the Chairperson—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Governor, or
(d) is removed from office by the Governor under clause 7, or
(e) is absent from 3 consecutive meetings of the Redistribution Panel of which reasonable notice has been given to the member personally or by post, except on leave granted by the Governor, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(i) is imprisoned in respect of a conviction for an offence punishable in New South Wales by imprisonment or for an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence so punishable, or
(j) becomes a person who is not eligible to be appointed as Chairperson.
Section 47 (1) (b) of the Interpretation Act 1987 does not apply to, or to the office of, the Chairperson.
A Chairperson may be suspended from office by the Governor for misbehaviour or incompetence, but cannot be removed from office except in the following manner—
(a) the Minister is to cause to be laid before each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension,
(b) a Chairperson suspended under this clause is restored to office by force of this Act unless each House of Parliament at the expiry of the period of 21 sitting days from the day when the statement was laid before that House declares by resolution that the Chairperson ought to be removed from office,
(c) if each House of Parliament does so declare within the relevant period of 21 sitting days, the Chairperson is to be removed from office by the Governor accordingly.
If the office of Chairperson becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member of the Redistribution Panel.
If by or under any Act provision is made—
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of Chairperson or from accepting and retaining any remuneration payable to the person under this Act as Chairperson.
A matter or thing done or omitted to be done by the Redistribution Panel, a member of the Redistribution Panel or a person acting under the direction of the Redistribution Panel does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
However, any such liability attaches instead to the Crown.
The procedure for the calling of meetings of the Redistribution Panel and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Redistribution Panel.
The quorum for a meeting of the Redistribution Panel is a majority of its members for the time being, one of whom must be the Chairperson.
The Chairperson is to preside at a meeting of the Redistribution Panel.
The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Redistribution Panel at which a quorum is present is the decision of the Redistribution Panel.
The Redistribution Panel may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Redistribution Panel for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Redistribution Panel made at a meeting of the Panel.
The Redistribution Panel may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
For the purposes of—
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the Redistribution Panel.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Redistribution Panel.
Papers may be circulated among the members for the purposes of subclause (1) by electronic means.
The Minister may call the first meeting of the Redistribution Panel in such manner as the Minister thinks fit.
(Sections 100 (2), 103 (2) and 155 (3))
Issuing officer’s initials □
Write the number
*You can show more choices, if you want to, by writing numbers in the other squares, starting with the number
Fold this ballot paper so your vote cannot be seen and place it in the ballot box (or in the envelope provided).
□
□
□
□
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*These words may be excluded where there are only 2 candidates.
**Insert after the name of each candidate, if appropriate, the name of a registered party or the word “Independent”.
Insert the candidate’s logo or the registered party logo of the candidate’s registered party adjacent to the name of the candidate, if appropriate.
Sections 100(3), 103(2) and 155(3)
The Electoral Commissioner may, by order, declare that an elector is a special elector for the purposes of this Schedule (a
(a) the elector has been convicted of an offence against section 212(1)(b), or
(b) the Electoral Commissioner has reasonable grounds to suspect that the elector has contravened section 212(1)(b) (whether or not the elector has been convicted of an offence for the contravention).
The Electoral Commissioner must notify the elector in writing of a declaration under subclause (1).
A declaration under subclause (1) (a) ceases to have effect if the elector’s conviction is quashed on appeal.
An elector may complain to the Electoral Commissioner regarding a declaration made under clause 1 (1) (b).
A complaint made by an elector must—
(a) be in writing and in the approved form, and
(b) be signed by the elector, and
(c) set out the ground of the complaint.
The Electoral Commissioner is to investigate a complaint made under this Part.
After investigating the complaint, the Electoral Commissioner may—
(a) revoke the declaration, or
(b) refuse to revoke the declaration.
The Electoral Commissioner is to give the complainant written notice of the Electoral Commissioner’s decision under this clause and the reasons for the decision.
The Electoral Commissioner may exclude information from a notice under subclause (3) if the Electoral Commissioner is satisfied that there is an overriding public interest against the disclosure of the information (within the meaning of the Government Information (Public Access) Act 2009).
An elector who has made a complaint under this Part may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision of the Electoral Commissioner regarding the complaint.
The Electoral Commissioner must ensure that any authorised roll or list of electors prepared under this Act is marked to show that the elector is a special elector.
A special elector is not permitted to vote in an election except in accordance with this clause.
A special elector at a voting centre in a district, whose name appears on the authorised roll for the district, but is marked to show that the elector is a special elector, may apply to an election official to vote as a special elector at the voting centre.
If—
(a) a special elector is at a voting centre that is not designated for the electoral district for which the elector claims to be enrolled, and
(b) the special elector’s name appears on the authorised roll for the district for which the elector is enrolled, but is marked to show that the elector is a special elector,
the special elector may apply to an election official to vote as an absent special elector at the voting centre.
The special elector must give the following information to the election official at the voting centre—
(a) the special elector’s name,
(b) the special elector’s date of birth,
(c) the electoral district for which the special elector claims to be enrolled.
The election official may, if he or she thinks fit, and at the request of any scrutineer must, put to the special elector any of the questions set out in section 128 that are applicable to the case.
If the special elector answers the questions satisfactorily, or if no questions are put to him or her, the special elector is to be permitted to vote after making a declaration in the approved form before an election official at the voting centre.
For an absent special elector, a single declaration may be approved for both this clause and section 135 (Absent voters).
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Any such provision has effect despite anything to the contrary in this Schedule.
The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
In this Part—
The Electoral Commission under this Act is taken to be the continuation of the Electoral Commission under the former Act immediately before the commencement of this clause.
The persons holding office as members of the Electoral Commission under section 21B (1) (a) and (c) of the former Act immediately before the commencement of this clause are taken to have been appointed under section 9 (1) (a) and (c) of this Act, respectively, for the balance of those persons’ terms of office under the former Act.
A person holding office as a deputy of an appointed member of the Electoral Commission under clause 5 of Schedule 21A to the former Act immediately before the commencement of this clause is taken to have been appointed as deputy of that appointed member under clause 5 of Schedule 1 to this Act.
The person holding office as the Electoral Commissioner under the former Act immediately before the commencement of this clause is taken to have been appointed as the Electoral Commissioner under this Act for the balance of the Electoral Commissioner’s term of office under the former Act.
That person is eligible for re-appointment as the Electoral Commissioner as if the person’s appointment under subclause (1) were his or her first appointment. This subclause has effect despite anything to the contrary in Schedule 2 to this Act, including clause 2 (2) of that Schedule.
A request made by a person under section 31 of the former Act (Silent electors: request for address not to be shown on roll) that has not been finally determined on the commencement of this clause is taken to be a request under section 36 of this Act.
Any arrangement made by the Governor and the Governor-General of the Commonwealth under section 49 of the former Act that is in force immediately before the commencement of this clause is taken to be an arrangement made under section 56 of this Act.
Any delegation of a function under the former Act and in force immediately before the repeal of the former Act is taken to be a delegation of a comparable function under this Act.
Each register under the former Act (an
An existing register that becomes a corresponding register by operation of this clause may continue to include information that was recorded for the purposes of the former Act for which the register was maintained.
Without limiting any other provision of this Act, the Electoral Commission or the Electoral Commissioner, as the case requires, may update or correct information recorded in an existing register that becomes a corresponding register to reflect changes resulting from the commencement of provisions of this Act.
A party that was, immediately before the commencement of this Act, a registered party under the former Act is taken to be a registered party under this Act that was registered on its date of registration under the former Act.
A party that is taken to be a registered party under subclause (1) and that does not have a written constitution must, within 12 months of the commencement of this Act (the
The Electoral Commission may, after the expiry of the transition period, cancel the registration of such a registered party if the Electoral Commission is satisfied on reasonable grounds that party does not have a written constitution.
Section 68 (4) extends to a cancellation of registration under this clause.
Section 63 (6) does not apply in relation to a party registered before the commencement of that subsection.
A reference in any other Act or instrument to the Electoral Commission constituted, or the Electoral Commissioner appointed, under the former Act is to be read as a reference to the Electoral Commission constituted, or the Electoral Commissioner appointed, under this Act, as the case requires.
Subject to this Part and the regulations, anything done under or for the purposes of a provision of the former Act is, to the extent that the thing has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision (if any) of this Act.
Without limiting subclause (1), the exercise of a function by the Electoral Commissioner under or for the purposes of a provision of the former Act that is a function of the Electoral Commission under this Act is taken to have been done by the Electoral Commission under or for the purposes of the corresponding provision of this Act.
The reference in the definition of
Technology assisted voting under the Act, Part 7, Division 11, other than telephone voting permitted under this clause, must not be used at—
(a) the 2023 general election, or
(b) a by-election held during the period after the commencement of this clause and before the 2023 general election.
Telephone voting by electors who are blind or have low vision is permitted.
The regulations may authorise the Electoral Commissioner to determine that telephone voting by COVID-19 affected electors is permitted.
Despite subclauses (1)–(3), the Electoral Commissioner may, at any time, determine that telephone voting is not permitted at a specified election, or during a specified period during an election, by either or both of the following—
(a) electors who are blind or have low vision,
(b) COVID-19 affected electors.
A determination under subclause (3) or (4) must be in writing and published on the Electoral Commission’s website.
An election is taken not to have failed, and the results of an election are not invalid, merely because telephone voting permitted by this clause was not available during a period when telephone voting was permitted under this clause.
In this clause—
(a) a public health order under the Public Health Act 2010 for COVID-19 related reasons, or
(b) a current guidance document, relating to self-isolation for COVID-19 related reasons, issued by the Chief Health Officer and published on the website of the Ministry of Health.
The Electoral Commissioner may determine that postal voting at one or more of the following elections must be conducted under the Act, Part 7, Division 10 as modified by Schedule 8—
(a) the 2023 general election,
(b) a by-election held after March 2023 and before the 2027 general election.
A determination under subclause (1) must be—
(a) made—
(i) for the 2023 general election—at least 60 days before the general election, or
(ii) for a by-election—within 1 business day of the nomination day for the by-election, and
(b) in writing, and
(c) published on the Electoral Commission’s website.
If a determination has been made under this clause, postal voting at the election concerned must be conducted under the Act, Part 7, Division 10 as modified by Schedule 8.
This clause applies to the 2023 general election.
Despite section 108, the Electoral Commissioner may, if the Electoral Commissioner is satisfied it would enhance the convenience of a large number of electors—
(a) appoint a place outside Australia as a voting centre for all electoral districts, and
(b) designate the voting centre as an early voting centre, and
(c) determine the days and hours of operation of the early voting centre, including whether voting will occur at the early voting centre on election day.
The Electoral Commissioner may abolish a voting centre appointed under this clause.
The Electoral Commissioner must publish notice of the following on the Electoral Commission’s website at a time determined by the Electoral Commissioner—
(a) an appointment, designation or determination under subclause (2),
(b) an abolition of a voting centre under subclause (3).
Despite Part 7, only voting under sections 135 and 136 is permitted to take place at a voting centre appointed under this clause.
For this clause—
(a) despite section 81(1) and (2), the Electoral Commissioner may appoint a person, who the Electoral Commissioner considers has the appropriate skills and experience, as an election official for a voting centre appointed under this clause, and
(b) a reference in section 135 or 136 to an elector at a voting centre that is not designated for the electoral district for which the elector claims to be enrolled is taken to be a reference to an elector at a voting centre appointed under this clause.
The amendments made by the Electoral Legislation Amendment Act 2022, Schedule 2 do not apply in relation to a local government election until a date prescribed by the regulations for the purposes of this clause.
To avoid doubt, the reference in the Local Government Act 1993, section 320(2) to the “procedure applicable under Part 6 of the Electoral Act 2017” does not include a procedure relating to a registered logo of a party until the prescribed date.
Schedule 7, clause 15
Omit section 144(a)–(b). Insert instead—
a postal vote certificate in the approved form, and
a ballot paper for the election, and
an envelope for the return of the certificate and ballot paper to the Electoral Commissioner.
Omit section 145(2)(a)–(b). Insert instead—
a postal vote certificate in the approved form, and
a ballot paper for the election, and
an envelope for the return of the certificate and ballot paper to the Electoral Commissioner.
Insert after section 147—
A postal vote certificate and ballot paper may be printed on the same sheet of paper with a perforation to enable the postal vote certificate and ballot paper to be divided into separate documents.
Omit section 148(1)(c)(iii). Insert instead—
place the ballot paper and the certificate in the envelope provided by the Electoral Commissioner for return to the Electoral Commissioner, and
Insert before section 149(1)—
The Electoral Commissioner may—
(a) without opening it, examine an envelope received by the Electoral Commissioner containing a ballot paper to determine whether the postal vote certificate is visible through a rear window in the envelope, and
(b) if the postal vote certificate is not visible through the rear window in the envelope, but the Electoral Commissioner considers it is likely the postal vote certificate is sealed inside the envelope—
(i) open the envelope without destroying it, and
(ii) withdraw the documents inside the envelope and ascertain whether the postal vote certificate was sealed inside the envelope, and
(iii) if the postal vote certificate was sealed inside the envelope with the ballot paper—
(A) without further inspecting the documents or allowing another person to inspect the documents, replace the documents in the envelope in a way that enables the postal vote certificate to be visible through the rear window in the envelope, and
(B) reseal the envelope, and
(iv) if the postal vote certificate was not sealed inside the envelope with the ballot paper—
(A) without further inspecting the documents or allowing another person to inspect the documents, replace the documents in the envelope, and
(B) reseal the envelope, and
(C) reject the envelope from further scrutiny.
Omit “such unopened envelopes on which a postal vote certificate is printed containing postal votes as”.
Insert instead “the sealed envelopes containing postal votes that”.
Omit “unopened all remaining envelopes on which a postal vote certificate is printed”.
Insert instead “all remaining sealed envelopes”.
Omit “on an envelope containing a ballot paper”.
Insert instead “for a ballot paper”.
Insert “containing the ballot paper” after “the envelope”.
Omit the section. Insert instead—
A ballot paper is not to be rejected for scrutiny merely because the ballot paper and postal vote certificate were sealed inside an envelope other than the envelope provided by the Electoral Commissioner.
If the Electoral Commissioner is unable to read the postal vote certificate without opening the envelope because of the reason referred to in subsection (1), the Electoral Commissioner must—
(a) open the envelope, and
(b) withdraw the postal vote certificate from the envelope, and
(c) accept the envelope for scrutiny if satisfied that—
(i) the postal vote certificate has been properly signed and witnessed, and
(ii) for a postal vote certificate posted to the Electoral Commissioner—the certificate was completed before the close of voting, and
(iii) for a postal vote certificate delivered to an election official—the certificate was delivered before the close of voting, and
(iv) the elector is enrolled for the district for which the elector claimed to be enrolled, and
(d) if not satisfied of one or more of the matters in paragraph (c)—disallow the ballot paper in the envelope.
If an envelope has been accepted for scrutiny under subsection (2), the Electoral Commissioner must—
(a) withdraw the ballot paper from the envelope, and
(b) without inspecting the ballot paper, or allowing another person to inspect the ballot paper, place the ballot paper in a ballot box for further scrutiny.
Electoral Act 2017 No 66. Assented to 30.11.2017. Date of commencement, 1.7.2018, sec 2 and 2018 (302) LW 29.6.2018. This Act has been amended by sec 275 of this Act and as follows—
No 20 | Electoral Funding Act 2018. Assented to 30.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (365) LW 29.6.2018. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 5.12, 14 days after assent, sec 2 (1). | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 5.7, 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018. | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 1.10, assent, Sch 1.10. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 42 | Electoral Amendment (COVID-19) Act 2021. Assented to 29.11.2021. Date of commencement, assent, sec 2. | |
No 57 | Electoral Legislation Amendment Act 2022. Assented to 26.10.2022. Date of commencement of Sch 1, 2.11.2022, sec 2(1) and 2022 (652) LW 2.11.2022; date of commencement of Sch 2, 1.10.2024, sec 2(2). | |
No 58 | Electoral Legislation Amendment Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 3.11.2022, sec 2 and 2022 (653) LW 2.11.2022. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
No 57 | Government Sector Finance Amendment (Integrity Agencies) Act 2024. Assented to 23.9.2024. Date of commencement, 9.10.2024, sec 2 and 2024 (518) LW 9.10.2024. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 4 | Am 2018 No 20, Sch 3.2 [2]; 2020 No 30, Sch 4.14; 2022 No 57, Sch 2[1]. |
Secs 34, 45 | Am 2020 No 30, Sch 4.14. |
Sec 57 | Am 2018 No 20, Sch 3.2 [3]. |
Sec 59 | Am 2018 No 68, Sch 1.10 [1]; 2022 No 57, Sch 2[2]. |
Sec 62 | Am 2022 No 57, Sch 2[3] [4]. |
Sec 63 | Am 2018 No 20, Sch 3.2 [4]. |
Sec 64 | Am 2022 No 57, Sch 2[5] [6]. |
Sec 70 | Am 2022 No 57, Sch 2[7]. |
Sec 94 | Am 2018 No 33, Sch 5.7 [1]. |
Sec 101 | Am 2022 No 57, Sch 2[8]. |
Sec 102 | Am 2022 No 57, Sch 2[9]. |
Sec 104 | Am 2022 No 57, Sch 2[10] [11]. |
Sec 105A | Ins 2022 No 57, Sch 2[12]. |
Sec 106 | Am 2022 No 57, Sch 2[13]. |
Sec 106A | Ins 2022 No 57, Sch 2[14]. |
Sec 106B | Ins 2022 No 57, Sch 2[14]. |
Sec 111 | Am 2023 No 35, Sch 4.8. |
Sec 114 | Am 2022 No 57, Sch 1[1]. |
Sec 119 | Am 2018 No 68, Sch 1.10 [2]. |
Sec 144 | Am 2018 No 68, Sch 1.10 [3]; 2022 No 58, Sch 1[1]. |
Sec 145 | Am 2018 No 68, Sch 1.10 [4]. |
Sec 148 | Am 2018 No 68, Sch 1.10 [5]. |
Sec 149 | Am 2018 No 68, Sch 1.10 [6]; 2022 No 57, Sch 1[2]–[4]. |
Sec 149A | Ins 2022 No 57, Sch 1[5]. |
Sec 165 | Am 2022 No 57, Sch 2[15]. |
Sec 182 | Am 2022 No 57, Sch 1[6]. |
Sec 186 | Am 2022 No 57, Sch 1[7] [8]. |
Sec 187A | Ins 2022 No 58, Sch 1[2]. |
Sec 190 | Am 2022 No 57, Sch 1[9]. |
Sec 191 | Am 2018 No 20, Sch 3.2 [5]. |
Sec 192 | Am 2018 No 20, Sch 3.2 [6]. |
Sec 200 | Am 2018 No 20, Sch 3.2 [7]. |
Sec 206A | Ins 2022 No 57, Sch 1[10]. |
Sec 215 | Am 2018 No 25, Sch 5.12. |
Sec 223 | Am 2018 No 20, Sch 3.2 [8]. |
Sec 258 | Am 2018 No 20, Sch 3.2 [9]. |
Sec 259 | Am 2018 No 68, Sch 1.10 [7]. |
Sec 263 | Am 2018 No 20, Sch 3.2 [10]. |
Sec 267A | Ins 2024 No 57, Sch 2.2. |
Sec 268 | Am 2022 No 57, Sch 1[11]. |
Part 10, Div 3 | Ins 2021 No 42, Sch 1. Rep 2017 No 66, sec 275. |
Sec 272 | Rep 1987 No 15, sec 30C. Ins 2021 No 42, Sch 1. Rep 2017 No 66, sec 275. |
Sec 273 | Ins 2021 No 42, Sch 1. Rep 2017 No 66, sec 275. |
Sec 274 | Ins 2021 No 42, Sch 1. Rep 2017 No 66, sec 275. |
Sec 275 | Ins 2021 No 42, Sch 1. Rep 2017 No 66, sec 275. |
Sch 2 | Am 2022 No 58, Sch 1[3]. |
Sch 4 | Am 2022 No 57, Sch 2[16]. |
Sch 5 | Subst 2022 No 57, Sch 2[17]. |
Sch 6 | Am 2022 No 57, Sch 1[12]. |
Sch 7 | Am 2018 No 33, Sch 5.7 [2]; 2022 No 57, Schs 1[13], 2[18]; 2022 No 58, Sch 1[4]. |
Sch 8 | Rep 1987 No 15, sec 30C. Ins 2022 No 58, Sch 1[5]. |
The 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). |
For the purposes of comparison, this table shows for provisions of this Act (as at the date of assent) corresponding provisions of the repealed Parliamentary Electorates and Elections Act 1912.
Column 1 | Column 2 |
Provisions of the proposed Act | Corresponding provisions of PE&E Act |
Secs 1–3 | — |
Sec 4 | Sec 3 |
Secs 5–17 | — |
Sec 18 | — |
Sec 19 | Sec 19 |
Sec 20 | Sec 6 |
Sec 21 | Sec 17A |
Sec 22 | Sec 13 |
Sec 23 | — |
Sec 24 | Sec 14A |
Sec 25 | Sec 14 |
Secs 26–28 | — |
Sec 29 | Sec 15 |
Sec 30 | Secs 22 and 25 |
Sec 31 | Secs 23 and 24 |
Sec 32 | Sec 27 |
Sec 33 | Sec 28 |
Sec 34 | Sec 29 |
Sec 35 | Sec 30 |
Sec 36 | Sec 31 |
Sec 37 | Sec 114AA |
Secs 38 and 39 | — |
Sec 40 | Secs 36 and 37 |
Sec 41 | — |
Sec 42 | Sec 26 |
Sec 43 | — |
Sec 44 | Sec 46 |
Sec 45 | Sec 47 |
Sec 46 | — |
Sec 47 | Sec 39 |
Sec 48 | Sec 38 |
Sec 49 | Sec 40 |
Sec 50 | Sec 41 |
Sec 51 | Sec 42 |
Sec 52 | Sec 43 |
Sec 53 | Sec 44 |
Sec 54 | Sec 45 |
Sec 55 | Sec 48 |
Sec 56 | Sec 49 |
Part 6 | Part 4A |
Sec 57 | Sec 66A |
Sec 58 | Sec 66C |
Sec 59 | Sec 66D |
Sec 60 | Sec 66DA |
Sec 61 | Sec 66E |
Sec 62 | Sec 66F |
Sec 63 | Sec 66FA |
Sec 64 | Sec 66G |
Sec 65 | — |
Sec 66 | Sec 66H |
Sec 67 | Sec 66HA |
Sec 68 | Sec 66I |
Sec 69 | — |
Sec 70 | Sec 66J |
Sec 71 | Sec 66K |
Sec 72 | Sec 66L |
Sec 73 | Sec 66M |
Sec 74 | Secs 68, 74A and 120I |
Sec 75 | Secs 72 and 74C |
Sec 76 (1) | Sec 70 |
Sec 76 (3) | Secs 69A and 71 |
Sec 77 | Secs 74 and 74D |
Sec 78 | Secs 69 and 74B |
Sec 79 | Sec 79 (8) |
Sec 80 | Sec 75 |
Sec 81 | — |
Sec 82 | Sec 135A |
Secs 83–85 | — |
Sec 86 | Sec 81C |
Secs 87 and 88 | — |
Sec 89 | Secs 79A and 81G |
Sec 90 | Sec 81D |
Sec 91 | Secs 79 (7) and 81E |
Sec 92 | Secs 80 and 81H (1) |
Sec 93 | Secs 81 and 81H (3) |
Secs 94–99 | Secs 81J–81P |
Part 7, Division 5, Subdivision 1 | Part 5, Divisions 6 and 6A |
Secs 100 and 101 | — |
Sec 102 | Sec 83B |
Sec 103 | Sec 104A |
Sec 104 | Sec 83D |
Sec 105 | Sec 83E |
Sec 106 | Sec 83H |
Sec 107 | Sec 83I |
Sec 108 | Sec 84 |
Sec 109 | Sec 95 |
Sec 110 | Sec 85 |
Sec 111 | — |
Sec 112 | Sec 89 |
Sec 113 | Sec 114P |
Sec 114 | — |
Sec 115 | Sec 114PA |
Sec 116 | Sec 114R (5A) |
Sec 117 | — |
Sec 118 | Sec 87A |
Sec 119 | Secs 90 and 137 |
Secs 120–122 | — |
Sec 123 | Sec 93 |
Sec 124 | Sec 94 |
Sec 125 | Sec 96 |
Sec 126 | — |
Sec 127 | Sec 99 |
Sec 128 | Sec 100 |
Sec 129 | Secs 99A and 103A |
Sec 130 | Sec 101 |
Sec 131 | Secs 102 and 102A |
Sec 132 | Sec 103 |
Sec 133 | Sec 104 |
Sec 134 | Sec 108 |
Sec 135 | Sec 115 |
Sec 136 | Secs 99A and 103A |
Sec 137 | Secs 106 and 115A |
Secs 138–140 | — |
Sec 141 | Sec 116 |
Sec 142 | Sec 117 |
Sec 143 | Sec 114A |
Sec 144 | Sec 114AB |
Sec 145 | Sec 114D |
Sec 146 | Sec 114E |
Sec 147 | Sec 114F |
Sec 148 | Secs 114H and 114I |
Sec 149 | Sec 114L |
Sec 150 | Sec 114N |
Sec 151 | Sec 120AA |
Sec 152 | Sec 120AB |
Secs 153 and 154 | — |
Sec 155 | Sec 120AC |
Sec 156 | Sec 120AD |
Sec 157 | — |
Sec 158 | Sec 120AE |
Sec 159 | Sec 120AG |
Sec 160 | Sec 120AI |
Sec 161 | Sec 120AK |
Sec 162 | Sec 120AL |
Sec 163 | Sec 84 |
Sec 164 | Secs 121 and 129B |
Sec 165 | Secs 122, 122A and 129F |
Sec 166 | Sec 119 |
Sec 167 | Sec 129EA |
Sec 168 | Sec 129EB |
Sec 169 | Secs 123 and 129C |
Sec 170 | Sec 125A |
Secs 171 and 172 | — |
Sec 173 | Secs 126 and 129G |
Sec 174 | Sec 126A |
Sec 175 | Secs 127 and 129H |
Sec 176 | Secs 130, 131, 131A and 132 |
Sec 177 | — |
Sec 178 | Sec 151J |
Secs 179–181 | — |
Sec 182 | Sec 151GA |
Secs 183–202 | — |
Sec 203 | Sec 114 |
Secs 204–206 | — |
Sec 207 | Sec 120F |
Sec 208 | Sec 113 |
Sec 209 | Sec 147 |
Sec 210 | Sec 151 |
Sec 211 | Sec 111 |
Sec 212 | Sec 112 |
Sec 213 | Sec 176B |
Secs 214–216 | — |
Sec 217 | Sec 176E |
Sec 218 | Sec 176F |
Sec 219 | Sec 177 |
Sec 220 (2) | Secs 81A and 81H (2) |
Sec 221 | Sec 134 |
Sec 222 | Sec 138 |
Sec 223 | Sec 176C |
Sec 224 | Sec 156 |
Sec 225 | Sec 161 |
Sec 226 | — |
Sec 227 | Sec 166 |
Sec 228 | Sec 169 |
Sec 229 | Sec 175 |
Sec 230 | Sec 175A |
Sec 231 | Sec 175AA |
Sec 232 | Sec 154A |
Sec 233 | Sec 155 |
Sec 234 | Secs 157, 158 and 159 |
Sec 235 | Sec 160 |
Sec 236 | Sec 163 |
Sec 237 | Sec 164 |
Sec 238 | Sec 165 |
Sec 239 | Sec 167 |
Sec 240 | Sec 168 |
Sec 241 | Sec 170 |
Sec 242 | Sec 171 |
Sec 243 | Sec 172 |
Sec 244 | Sec 173 |
Sec 245 | Sec 174 |
Sec 246 | Sec 175B |
Sec 247 | Sec 175C |
Sec 248 | Sec 175D |
Sec 249 | Sec 175E |
Sec 250 | Sec 175F |
Sec 251 | Sec 175G |
Sec 252 | Sec 175I |
Sec 253 | Sec 175J |
Sec 254 | Sec 183 |
Secs 255–258 | — |
Sec 259 | Secs 120B and 120C |
Sec 260 | Sec 120D |
Sec 261 | Sec 120E |
Sec 262 | Sec 120G |
Sec 263 | — |
Sec 264 | Sec 176A |
Sec 265 | Sec 179 |
Sec 266 | Sec 186 |
Sec 267 | Sec 176 |
Sec 268 | Secs 48 and 135 |
Sec 269 | — |
Sec 270 | Sec 120AJ |
Secs 271 and 272 | — |
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