Local Government Electoral Act 2011 (Qld)

Local Government Electoral Act 2011

Part 1    Preliminary

1   Short title

This Act may be cited as the Local Government Electoral Act 2011.

2   Commencement

(1)Part 12, division 4, other than sections 224, 228 and 236, commences on 1 September 2011.

(2)The following provisions commence on a day to be fixed by proclamation—

•part 12, divisions 2, 3, 11, 12, 14 and 16

•sections 315 and 342.

3   Purposes of Act

The purposes of this Act are to—

(a)ensure and reinforce the transparent and equitable conduct of elections of councillors of Queensland’s local governments, including, for example, by minimising the risk of unequal participation in the electoral process and ensuring a fair opportunity to participate in the electoral process; and

(b)ensure and reinforce integrity in Queensland’s local governments, including, for example, by minimising the risk of corruption in relation to—

(i)the election of councillors; and

(ii)the good governance of, and by, local government.

4   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

5   Particular references in this Act

In a provision of this Act about an election—

(a)a reference to the returning officer is a reference to the returning officer for the election; and

(b)a reference to an assistant returning officer is a reference to an assistant returning officer for the election; and

(c)a reference to an issuing officer is a reference to an issuing officer for the election; and

(d)a reference to polling day is a reference to polling day for the election; and

(e)a reference to the nomination day is a reference to the nomination day for the election; and

(f)a reference to a ballot paper is a reference to a ballot paper for the election; and

(g)a reference to a candidate is a reference to a candidate for the election; and

(h)a reference to a nominee is a reference to a nominee for the election; and

(i)a reference to the mayor or another councillor is a reference to the mayor or other councillor of the local government for which the election is held; and

(j)a reference to a local government is a reference to the local government for which the election is held.

6   References to divisions includes wards

(1)In a provision of this Act, a reference to a division of a local government area includes a reference to a ward of Brisbane.

(2)In this section—

ward, of Brisbane, means one of 26 divisions of the local government area of the Brisbane City Council established for the election of councillors or a councillor.

7   Meaning of conclusion of local government election

(1)The conclusion of the election of a councillor is—

(a)if the councillor is elected at an election of all councillors of the local government—the day on which the last declaration of a poll conducted in the election is published on the electoral commission’s website under section 100(2); or

(b)if the councillor is elected at a by-election and—

(i)a poll is conducted—the day on which the declaration of the poll is published on the electoral commission’s website under section 100(2); or

(ii)a poll is not conducted—the day after the nomination day for the by-election; or

(c)if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and—

(i)1 or more polls are conducted in the local government area—the day on which the last declaration of a poll conducted in the local government area is published on the electoral commission’s website under section 100(2); or

(ii)no poll is conducted in the local government area—6p.m. on the day that a poll would otherwise have been required to be conducted under this Act.

(2)In this section—

declaration, of a poll, means the declaration by the electoral commission of the result of the poll under section 100(1).

Part 2    Administration

Division 1 Electoral commission

8   Additional functions and powers of electoral commission

For the purpose of this Act, the functions of the electoral commission include conducting quadrennial elections, by-elections or fresh elections for local governments.

Division 2 Electoral officers for local government elections

9   Returning officers

(1)The returning officer for an election is responsible for the proper conduct of the election.

(2)The electoral commission may appoint a person as the returning officer for an election.

(3)A person must not be appointed under subsection (2) if the person is—

(a)a minor; or

(b)a member of a political party; or

(c)the chief executive officer of the local government for which the election is to be held.

(4)Despite subsection (3)(c), the electoral commission may appoint the chief executive officer of the local government as the returning officer if—

(a)the chief executive officer is not a member of a political party; and

(b)the electoral commission considers the chief executive officer is the only person with experience in conducting elections who is reasonably available to be appointed as the returning officer.

(5)The returning officer must comply with a direction given by the electoral commission for the proper conduct of the election.

9A   [Repealed]

10   Assistant returning officers

(1)An assistant returning officer is responsible for helping the returning officer in performing the returning officer’s responsibilities under this Act.

(2)The electoral commission may appoint a person as an assistant returning officer for an election.

(3)A person must not be appointed under subsection (2) if the person is—

(a)a minor; or

(b)a member of a political party.

(4)The electoral commission may appoint 1 or more assistant returning officers for an election.

11   Presiding officers

(1)A presiding officer at a polling booth is responsible for the proper conduct of a poll at the polling booth and for carrying out the other duties for an election that are required by the returning officer.

(2)The returning officer—

(a)may be presiding officer at a polling booth; and

(b)must appoint a person as presiding officer at each polling booth other than the booth at which the returning officer is the presiding officer.

(3)If a person can not act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer’s approval, may appoint another person as presiding officer at the booth while the person can not act.

(4)An appointment under subsection (2) or (3) must be in the approved form.

12   Issuing officers

(1)An issuing officer is responsible for—

(a)giving ballot papers and declaration envelopes to electors; and

(b)performing the other duties for an election that are required by the returning officer.

(2)An issuing officer must be a member of the staff of the electoral commission mentioned in the Electoral Act 1992, section 29.

12A   [Repealed]

12B   [Repealed]

13   Removal from office for membership of political party

(1)The electoral commission must remove a person from the office of returning officer or assistant returning officer if the person becomes a member of a political party.

(2)Subsection (1) does not limit the electoral commission’s power to remove a person from the office of returning officer or assistant returning officer.

(3)A person’s membership of a political party, or failure to comply with section 14, does not invalidate—

(a)anything done by the person while the person is a returning officer or assistant returning officer; or

(b)if the person does a thing for an election while the person is a returning officer or assistant returning officer—the election.

14   Obligation to notify of membership of a political party

A returning officer or assistant returning officer must immediately notify the electoral commission if the officer becomes a member of a political party, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

15   Returning officer may act through other officers

If—

(a)the returning officer may, under this Act, do a thing; and

(b)the returning officer authorises an assistant returning officer, presiding officer or issuing officer to do the thing; and

(c)the assistant returning officer, presiding officer or issuing officer does the thing;

the thing is taken to have been done by the returning officer.

Examples—

1For an election, if the returning officer authorises an assistant returning officer to conduct the election in a division, and the assistant returning officer does so, the returning officer is taken to have conducted the election in the division.

2For an election, if the returning officer authorises an assistant returning officer to carry out the functions of the returning officer under section 95, and the assistant returning officer carries out the functions, the returning officer is taken to have carried out the functions.

3Under section 72, declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box.

16   Assistant returning officer may act through other officers

If—

(a)an assistant returning officer may, under this Act, do a thing; and

(b)the assistant returning officer authorises a presiding officer or an issuing officer to do the thing; and

(c)the presiding officer or the issuing officer does the thing;

the thing is taken to have been done by the assistant returning officer.

Part 3    Voters rolls and register of special postal voters

Division 1 Voters rolls

17   Returning officer must compile voters roll

(1)The returning officer for an election must compile a roll of persons entitled to vote at the election (the voters roll).

(2)The voters roll must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included—

(a)for an election for all of a local government’s area—in the area; or

(b)for an election for a division of a local government’s area—in the division.

(3)An electoral registrar under the Electoral Act 1992 must give the returning officer the assistance the officer reasonably requires to compile a voters roll for an election.

18   When voters roll must be compiled

(1)A voters roll for a quadrennial election or fresh election must be compiled at least 5 days, but not more than 7 days, after notice of the election is published on the electoral commission’s website under section 25(1).

(2)However, a regulation may fix a different day for compiling the voters roll for a particular election.

(3)A voters roll for a by-election must be compiled at least 5 days, but not more than 7 days, after notice of the day of the by-election is published on the electoral commission’s website under section 24(3).

19   Requirements of voters roll

(1)A voters roll for an election must—

(a)show the names of all persons entitled to vote at the election; and

(b)be in the form of the electoral roll used for elections of the Legislative Assembly.

(2)The voters roll must not include the address of a silent elector.

20   Inspection of voters roll

(1)The electoral commission must ensure the most recent version of all voters rolls is available for inspection by members of the public at the commission’s public office.

(2)The electoral commission may also make available, for inspection by any person, a copy of the most recent version of a voters roll at any place that the commission considers appropriate.

21   Supply of voters roll to candidates

(1)If a poll is to be conducted in an election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day.

(2)The electoral commission may decide the format in which the voters roll is given to the candidates and direct the returning officer to give the voters roll that format.

(3)A person must not use, disclose to another person or allow another person to access information in a copy of a voters roll given to a candidate under subsection (1), unless the use, disclosure or giving of access is for a purpose stated in subsection (4).

Maximum penalty—20 penalty units or 6 months imprisonment.

(4)The purposes are—

(a)any purpose related to an election under this Act; or

(b)checking the accuracy of information on the voters roll; or

(c)the performance by a councillor of a local government of the councillor’s functions in relation to electors enrolled on the voters roll; or

(d)the performance by an official or employee of a political party of the person’s duties in relation to electors enrolled on the voters roll.

Division 2 Register of special postal voters

21A   Electoral commission to keep register of special postal voters

(1)The electoral commission must keep, or arrange to be kept, a register of special postal voters.

(2)The electoral commissioner must, not less than 18 months but not more than 4 years after the result of a poll for a quadrennial election is declared, review the continuing eligibility of a person to cast a vote as a special postal voter.

(3)In conducting the review, the electoral commissioner must—

(a)require each relevant elector to advise, in the approved form, whether the elector still lives at the address shown on the voters roll; and

(b)do a random check of approved forms given to the electoral commission under paragraph (a) to decide whether the signature on each approved form checked is the same as the signature on the elector’s application to be a special postal voter mentioned in section 68(5A).

(4)In this section—

relevant elector means an elector whose name is included in the register of special postal voters because of a circumstance mentioned in section 68(5A)(a)(i) or (ii).

Part 4    Local government elections

Division 1 Local government elections

22   Types of elections

(1)An election of the mayor of a local government is an election for all of the local government’s area.

(2)A quadrennial or fresh election for a councillor (other than the mayor) of a local government is—

(a)if the local government’s area does not have divisions—an election for all of the area; or

(b)if the local government’s area has divisions—an election for each division of the area.

(3)A by-election to fill a vacancy in the office of a councillor (other than the mayor) of a local government is an election for its area, or the division of its area, for which the councillor was elected.

23   Date of quadrennial elections

(1)A quadrennial election must be held in, and every fourth year after, 2012.

(2)A quadrennial election must be held on the last Saturday in March.

(3)However, a regulation may fix a different day, which must be a Saturday, for a quadrennial election for a particular year.

24   Date of by-elections

(1)A by-election to fill a vacancy in the office of a councillor is to be held on the day fixed by the returning officer.

(2)The day fixed must be within 2 months after the vacancy happens.

(3)As soon as practicable after fixing the day for holding a by-election, the returning officer must—

(a)publish, on the electoral commission’s website and in the other ways that the officer may consider appropriate, notice of—

(i)the day fixed; and

(ii)the cut-off day for the voters roll for the by-election under section 18(3); and

(b)take the steps required by this Act for holding the by-election.

Division 2 Candidates for local government elections

Subdivision 1 Nominations of candidates

24A   [Repealed]

25   Calling for nominations

(1)The returning officer must publish notice of an election on the electoral commission’s website, and in other ways the returning officer considers appropriate.

(2)The notice must—

(a)state a day as a nomination day—

(i)not less than 8, or more than 18, days after the publication of the notice; and

(ii)not less than 18, or more than 42, days before the day on which the election is to be held; and

(b)state the nominations must be given to the returning officer; and

(c)invite nominations of candidates.

(3)The place of nomination must be—

(a)the office of the returning officer; or

(b)a place in the local government’s area convenient generally to persons in the area.

26   Who may be nominated

(1)A person may be nominated as a candidate, or for appointment, as a councillor only if the person is qualified to be a councillor under the—

(a)for a councillor of the Brisbane City Council—City of Brisbane Act 2010, section 152; or

(b)for a councillor of another local government—Local Government Act 2009, section 152.

(2)Also, a person may be nominated as a candidate for an election only if the person has, within 6 months before the nomination day for the election, successfully completed a training course approved by the department’s chief executive about—

(a)the person’s obligations as a candidate, including the person’s obligations under part 6; and

(b)the person’s obligations as a councillor, if the person is elected or appointed, including obligations under a Local Government Act within the meaning of the Local Government Act 2009.

(3)However, a person who is a candidate for election as a member of an Australian Parliament, can not be nominated for election or appointment as a councillor until—

(a)for an election under the Electoral Act 1992—the day the electoral commission is notified, under section 131(1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or

(b)for an election under the Commonwealth Electoral Act 1918 (Cwlth)—

(i)the day the result of the election and the candidates elected are declared under section 283 of that Act; or

(ii)the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act.

(4)To remove any doubt, it is declared that, a person is not disqualified from being nominated as a candidate, or for appointment, as a councillor only because the person is a member of the Legislative Assembly or a local government employee.

Example—

A person who is a member of the Legislative Assembly may nominate as a candidate for election as a councillor but must resign on becoming a candidate.

27   Making and certification of nomination

(1)A person who wishes to be a candidate in an election may only be nominated by—

(a)the registered officer of a registered political party that has endorsed the person as a candidate for the election; or

(b)at least 6 electors for the local government area, or division of the local government area, for which the election is to be held.

(2)A nomination must—

(a)be in the approved form; and

(b)contain the following—

(i)the candidate’s name, address and occupation;

(ii)a signed statement by the candidate consenting to the nomination;

(iii)if subsection (1)(a) applies—a signed statement by the registered political party’s registered officer that the party has endorsed the candidate;

(iv)information about the account with a financial institution the candidate intends to use as the candidate’s account for section 126;

(v)the other matters stated in schedule 1; and

(c)be given to the returning officer after the nominations are invited for the election but before noon on the nomination day.

(3)If the returning officer is satisfied a person has been properly nominated, the returning officer must—

(a)as soon as practicable, certify the nomination in the approved form; and

(b)give a copy of the certificate to the person.

(4)The certificate must state the time, day and place proposed for a draw, if necessary, for the order of listing of candidates’ names on the ballot paper.

(5)For subsection (3), a person is properly nominated for an election if—

(a)subsection (2) has been complied with, or substantially complied with apart from a mere formal defect or error in the nomination; and

(b)section 29(2) does not apply to the nomination; and

(c)section 31(3) does not apply to the nomination; and

(d)section 39 has been complied with; and

(e)the nomination has not been withdrawn.

(6)In deciding whether a person is properly nominated for an election, the returning officer is not required to look beyond—

(a)the form of nomination and payment of the deposit; and

(b)the voters roll; and

(c)documentary evidence produced by the nominee or nominator that, at the time the voters roll is compiled for the election—

(i)the nominator is an elector for the election or the registered officer of a registered political party; or

(ii)the nominee is, under the Electoral Act 1992, an elector for an electoral district, or part of an electoral district, included in the local government’s area.

(7)If a nomination is wrongly certified by the returning officer, the certification is of no effect.

28   Grounds for deciding a person is not properly nominated

(1)The returning officer may decide that a person who has changed his or her name is not properly nominated as a candidate in an election because the nomination name—

(a)is a party name; or

(b)so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or

(c)includes the word ‘independent’; or

(d)is a public body name; or

(e)so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or

(f)is obscene or offensive.

(2)The returning officer may also decide that a person who has changed his or her name is not properly nominated as a candidate in an election if the returning officer considers the name could cause confusion.

Example of subsection (2)—

If a person’s name is ‘Informal’, the returning officer may consider that the name could cause confusion to electors.

(3)If the returning officer decides under this section that a person is not properly nominated as a candidate in an election, the returning officer must give the person a notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)the person’s right to apply for an injunction.

Note—

For a person’s right to apply for an injunction, see section 200.

(4)In this section—

nomination name means the name proposed by a candidate to be used on a ballot paper as the candidate’s name under section 55(2).

parliamentary party means an organisation—

(a)whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and

(b)of which at least 1 member is a member of an Australian parliament.

party name means the name, or an abbreviation or acronym of the name of—

(a)a parliamentary party; or

(b)a political party; or

(c)an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to—

(i)an Australian parliament; or

(ii)an office of councillor of a local government.

public body name means the name, or an abbreviation or acronym of the name, of a prominent public body.

29   Effect of multiple nominations

(1)A person can not, at the same time, be a candidate for election as—

(a)mayor of a local government and as another councillor of the same local government; or

(b)a councillor of a local government for more than 1 division of the local government’s area.

(2)If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1), each of the nominations is of no effect.

30   Withdrawal of consent to nomination

(1)A person nominated as a candidate in an election may withdraw the person’s agreement to the nomination by signed notice given to the returning officer before noon on the nomination day.

(2)If a person acts under subsection (1)—

(a)the nomination is of no effect; and

(b)the person’s deposit must be refunded to the person who paid the deposit.

31   Withdrawal of endorsement of candidate

(1)This section applies if—

(a)a registered political party nominates a person as a candidate for an election under section 27(1)(a); and

(b)before the election, the party withdraws the party’s endorsement of the person as a candidate for the election.

Note—

See section 135A for the requirement for a registered political party to notify the commission about—

(a)the party’s endorsement of a person as a candidate for an election; or

(b)changes to the endorsement.

(2)The registered officer of the registered political party must notify the electoral commission, in the approved form, of the withdrawal of the endorsement.

Maximum penalty—40 penalty units.

(3)If the notification is given to the electoral commission before noon on the nomination day for the election, the nomination of the person is of no effect.

(4)If the notification is given to the electoral commission on or after noon on the nomination day for the election—

(a)the nomination of the person is not affected; and

(b)a ballot paper is taken to comply with section 55 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate’s name on the ballot paper.

(5)As soon as practicable after the electoral commission receives the notification, the electoral commission must give the candidate a notice that states—

(a)the contents of the notification; and

(b)when the electoral commission received the notification; and

(c)if subsection (3) or (4) applies in relation to the notification—the effect of the subsection.

32   Announcement of nominations

(1)As soon as practicable after the returning officer has certified the nomination of a person for an election under section 27(3)(a), the returning officer must publish the prescribed information for the nomination—

(a)on the electoral commission’s website; and

(b)in other ways the returning officer considers appropriate.

(2)The publication of the prescribed information must continue until the conclusion of the election.

(3)In this section—

prescribed information, for a nomination, means information or a statement contained in the nomination prescribed by regulation.

33   Death of candidate

If a person nominated as a candidate in an election dies before noon on the nomination day—

(a)the nomination is of no effect; and

(b)the person’s deposit must be refunded to—

(i)if the deposit was paid by someone other than the person—the other person; or

(ii)otherwise—the person’s personal representative.

34   Procedure if number of candidates not more than number required

(1)If the number of candidates properly nominated for an election is only equal to the number required to be elected—

(a)the nominees are taken to have been elected; and

(b)the returning officer must, as soon as practicable after the nomination day, publish a notice, in the approved form, that the nominees are taken to have been elected—

(i)on the electoral commission’s website; and

(ii)in other ways the returning officer considers appropriate.

(2)If—

(a)no-one is nominated as a candidate in an election; or

(b)the number of candidates nominated is less than the number required to be elected;

the proceedings for the election must start again.

(3)However, if proceedings for the election have previously started again under subsection (2), the Governor in Council may, by gazette notice, appoint as councillors of the local government, the number of persons necessary to constitute fully the local government.

(4)Each person appointed under subsection (3) must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held.

(5)Persons appointed under subsection (3) are taken to have been properly elected as councillors of the local government for which they are appointed.

(6)If proceedings for an election are started again under subsection (2)—

(a)the deposits of the candidates must be refunded to the persons who paid the deposits; and

(b)the electoral commission must, by gazette notice, fix a new polling day for the election.

35   Procedure if number of candidates exceeds number required

(1)If the number of candidates properly nominated for an election exceeds the number required to be elected, a poll must be conducted under this part.

(2)The returning officer must give public notice that a poll will be conducted.

(3)The notice must—

(a)be in the approved form; and

(b)state—

(i)the day the poll will be conducted; and

(ii)the names of all candidates properly nominated for election in the order decided under section 57; and

(iii)the location of all ordinary polling booths to be used for taking the ballot in the poll; and

(iv)that the ordinary voting hours are from 8a.m. to 6p.m; and

(c)be published on the electoral commission’s website, and in other ways the returning officer considers appropriate.

(4)Publication of the notice under subsection (3)(c) must—

(a)start as soon as practicable after noon on the nomination day; and

(b)continue until the close of the poll.

36   Procedure on death of candidate when poll to be conducted

(1)If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day for an election—

(a)for a candidate for mayor—the proceedings for the election of the mayor must start again; and

(b)for a candidate for councillor (other than mayor) if the local government’s area is undivided—the proceedings for the election of the councillors must start again; and

(c)for a candidate for councillor (other than mayor) for a division of a local government’s area—the proceedings for the election of councillors for the division must start again.

(2)Also, the Minister may, by gazette notice, direct that—

(a)if subsection (1)(a) applies—all proceedings for the election of councillors of the local government start again; or

(b)if subsection (1)(b) applies—proceedings for holding an election of the mayor of the local government start again; or

(c)if subsection (1)(c) applies—

(i)proceedings for holding an election of the mayor of the local government start again; and

(ii)proceedings for the election of councillors for the other divisions of the local government start again.

(3)The deceased candidate’s deposit must be refunded to—

(a)if the deposit was paid by someone other than the candidate—the other person; or

(b)otherwise—the candidate’s personal representative.

(4)The deposits of other candidates must be refunded to the persons who paid the deposits.

(5)If proceedings for an election are started again, the electoral commission must, by gazette notice, fix a new polling day for the election.

37   If successful candidate dies

If a candidate who is successful at an election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate.

Note—

The effect of this section would be that a new vacancy exists in the office of the councillor.

38   Changing nomination day or polling day

(1)This section applies if a returning officer publishes—

(a)notice of a nomination day under section 25; or

(b)notice of the day a poll will be conducted under section 35.

(2)The electoral commission may, by gazette notice, fix a later day as the nomination day or polling day if the conduct of the election is likely to be affected by—

(a)a storm, flood, fire or a similar happening; or

(b)a riot or open violence; or

(c)another exceptional circumstance.

(3)If the electoral commission fixes a later day under subsection (2)—

(a)the later day must be—

(i)for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1)(a); or

(ii)for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35; and

(b)the returning officer—

(i)may give any necessary directions to candidates, and to electors, about the procedures to be followed; and

(ii)must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate.

Subdivision 2 Deposits accompanying nomination

39   Deposit to accompany nomination

(1)At the same time as a nomination is given to the returning officer under section 27, the nominee, or another person on behalf of the nominee, must deposit $250 with the returning officer.

(2)The deposit must be paid—

(a)in cash; or

(b)by a cheque drawn by a financial institution; or

(c)by electronic funds transfer.

40   Disposal of deposits generally

(1)As soon as practicable after the conclusion of an election, each candidate’s deposit must be refunded to the person who paid the deposit if—

(a)the candidate is elected; or

(b)if the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or

(c)if the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election.

(2)If a deposit is to be refunded to a person, it may be refunded to someone else with the written authority of the person.

(3)All other candidates’ deposits become the property of the State when the outcome of the election is decided unless section 30, 33 or 36 applies.

Subdivision 3 Creation and membership of groups of candidates

41   Purpose of subdivision

The purpose of this subdivision is—

(a)to allow candidates to engage in group campaign activities for a particular election by being members of a group of candidates for that election; and

(b)to treat the group, for certain purposes, as if it were a person.

42   Creation of group of candidates

(1)If 2 or more candidates in an election propose to engage in group campaign activities for the election, the candidates may—

(a)form a group for the purposes of this Act for the election; and

(b)give the electoral commission written notice of the membership of the group.

(2)As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5)(d) and (e) has been deleted—

(a)on the electoral commission’s website; and

(b)in other ways the electoral commission considers appropriate.

(3)The group becomes a group of candidates for the election when the electoral commission publishes the notice on the electoral commission’s website under subsection (2).

Note—

See also sections 43(3) and 43A(3).

(4)The notice may only be given during the period that—

(a)starts—

(i)if the most recent election in relation to the local government’s area was a quadrennial election—30 days after the polling day for the quadrennial election; or

(ii)otherwise—the day after the polling day for the most recent election in relation to the local government’s area; and

(b)ends immediately before the polling day for the election.

(5)The notice must—

(a)be in the approved form; and

(b)state the name of the proposed group of candidates; and

(c)state the name of each candidate who will be a member of the group of candidates; and

(d)be signed by each candidate who will be a member of the group of candidates; and

(e)include information about the account with a financial institution the proposed group of candidates intends to use as its account for section 127; and

(f)be accompanied by written notice under section 116C(1)(c) of the appointment of a person as the agent of the proposed group of candidates.

43   Changing membership of group of candidates

(1)A group of candidates for an election may—

(a)change the membership of the group at any time before the polling day for the election; and

(b)by its agent, give the electoral commission written notice of the proposed change to the membership of the group.

(2)As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5)(f) has been deleted—

(a)on the electoral commission’s website; and

(b)in other ways the electoral commission considers appropriate.

(3)Despite section 42(3), when the electoral commission publishes the notice on the electoral commission’s website under subsection (2)—

(a)the change to the membership of the group of candidates takes effect; and

(b)the group is taken to be comprised of the candidates in accordance with the change to the membership of the group as stated in the notice.

(4)The change to the membership of the group of candidates must not result in only 1 candidate being a member of the group.

(5)The notice must—

(a)be in the approved form; and

(b)state the name of the group of candidates and, if the name is proposed to change, the proposed name; and

(c)state the name of each candidate who is a member of the group when the notice is given; and

(d)if a candidate proposes to become a member of the group—state the name of each candidate who proposes to become a member; and

(e)if a candidate proposes to no longer be a member of the group—state the name of each candidate who proposes to no longer be a member; and

(f)be signed by each candidate mentioned in paragraphs (c) and (d).

43A   Winding up group of candidates

(1)The members of a group of candidates for an election may—

(a)wind up the group at any time before the polling day for the election; and

(b)by its agent, give the electoral commission written notice of the proposed winding up.

(2)As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (4)(d) has been deleted—

(a)on the electoral commission’s website; and

(b)in other ways the electoral commission considers appropriate.

(3)Despite sections 42(3) and 43(3), when the electoral commission publishes the notice on the electoral commission’s website under subsection (2), the group of candidates stops being a group of candidates for the election.

(4)The notice must—

(a)be in the approved form; and

(b)state the name of the group of candidates; and

(c)state the name of each candidate who is a member of the group when the notice is given; and

(d)be signed by each candidate mentioned in paragraph (c).

43B   Requirements for membership of group of candidates

(1)A candidate in an election may be a member of a group of candidates only if—

(a)for a quadrennial election for a local government—each other candidate who is a member of the group is a candidate in the quadrennial election for the same local government; and

(b)the candidate is not a member of another group of candidates for the election; and

(c)the candidate is not endorsed, within the meaning of section 109G, by a registered political party for the election.

(2)Also, only 1 member of a group of candidates may be a candidate for election as mayor of a local government.

(3)This section applies despite sections 42 and 43.

43C   Application of Act to groups of candidates

(1)Part 6 and part 9, division 5 apply in relation to a group of candidates as if it were a person.

(2)An obligation or liability that, apart from this subsection, would be imposed under part 6 or part 9, division 5 on a group of candidates, is imposed on each member of the group, but may be discharged by any of the members of the group.

(3)An amount that, apart from this subsection, would be payable under part 6 or part 9, division 5 by a group of candidates is jointly and severally payable by the members of the group.

(4)An offence against a provision of part 6 or part 9, division 5 that, apart from this subsection, would be committed by a group of candidates is taken to have been committed by each member of the group who—

(a)authorised or permitted the conduct that would have constituted the offence; or

(b)was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.

Maximum penalty—the penalty for a contravention of the provision by an individual.

(5)This section does not affect the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is a member of a group of candidates, for an offence against part 6 or part 9, division 5.

(6)A reference in part 6 to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—

(a)on behalf of a group of candidates; and

(b)under the group’s actual or apparent authority.

(7)Also, a reference in part 6 to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of a group of candidates.

43D   Validation of ballot paper

(1)This section applies if a notice in relation to a group of candidates for an election is given to the electoral commission under section 42, 43 or 43A after noon on the nomination day for the election.

(2)A ballot paper is taken to comply with section 55 whether or not the name of the group of candidates is printed adjacent to a candidate’s name on the ballot paper.

43E   Application of return provisions—candidate stops being member of group of candidates

(1)This section applies if—

(a)a candidate stops being a member of a group of candidates, for an election, because a change to the membership of the group takes effect under section 43(3); and

(b)the group has not been wound up under section 43A.

(2)Sections 118(4) and (7), 120(6), (8) and (9) and 125 apply in relation to the group of candidates as if—

(a)a reference in section 118(4) to a member of a group of candidates receiving a gift, or not receiving any gifts, included a reference to the candidate mentioned in subsection (1)(a) receiving a gift, or not receiving any gifts, when the candidate was a member of the group; and

(b)a reference in section 118(7) or 120(8) or (9) to a member of a group of candidates included a reference to the candidate mentioned in subsection (1)(a); and

(c)a reference in section 120(6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to the candidate mentioned in subsection (1)(a) receiving a loan, or not receiving any loans, when the candidate was a member of the group; and

(d)a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates included a reference to electoral expenditure incurred, or not incurred, by the candidate mentioned in subsection (1)(a) when the candidate was a member of the group.

43F   Application of return provisions—group of candidates that has been wound up

(1)This section applies if a group of candidates for an election is wound up under section 43A (a former group).

(2)Sections 118(4) and (7), 120(6), (8) and (9) and 125 apply in relation to the former group as if—

(a)a reference in the sections to a group of candidates were a reference to the former group; and

(b)a reference in the sections to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up; and

(c)a reference in section 118(4) to a member of a group of candidates receiving a gift, or not receiving any gifts, were a reference to a candidate who was a member of the former group receiving a gift, or not receiving any gifts, when the candidate was a member of the former group; and

(d)a reference in section 118(7) or 120(8) or (9) to a member of a group of candidates were a reference to a candidate who was a member of the former group at any time before the former group was wound up; and

(e)a reference in section 120(6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to a candidate who was a member of the former group receiving a loan, or not receiving any loans, when the candidate was a member of the former group; and

(f)a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates were a reference to electoral expenditure incurred, or not incurred—

(i)by the former group; or

(ii)by a candidate who was a member of the former group when the candidate was a member of the former group; and

(g)a reference in section 125 to the dedicated account of a group of candidates were a reference to the account that was the dedicated account of the former group before the group was wound up.

(3)Also, section 127(5) to (8) applies in relation to the former group as if—

(a)a reference in the provision to a group of candidates were a reference to the former group; and

(b)a reference in the provision to a member of a group of candidates were a reference to a candidate who was a member of the former group immediately before it was wound up; and

(c)a reference in the provision to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up.

Division 3 Arrangements for local government elections

Subdivision 1 Polls by ballots

44   Poll by ballot

A poll must be conducted by ballot taken under this part.

45AA    Application for direction that poll be conducted by postal ballot

(1)A local government may apply to the Minister for a poll to be conducted by postal ballot in—

(a)for an election for all of the local government’s area—all of the local government’s area or a part or division of the local government’s area; or

(b)for an election for a division of the local government’s area—the division or a part of the division.

(2)The application must be made—

(a)for a poll for a quadrennial election—before 1 May in the year preceding the quadrennial election or a later day approved by the Minister; or

(b)for a poll for a by-election—before the day for holding the by-election is fixed by the returning officer under section 24.

45AB    Referral of application to electoral commissioner for recommendation

(1)The Minister must refer an application made under section 45AA to the electoral commissioner for the commissioner’s recommendation about whether the application should be approved.

(2)The electoral commissioner must—

(a)consider the application; and

(b)give the Minister a written recommendation about whether the application should be approved and the reasons for the recommendation.

(3)Before making the recommendation, the electoral commissioner may ask the local government for further information the electoral commissioner reasonably requires to make the recommendation.

(4)In making the recommendation, the electoral commissioner must have regard to the following matters—

(a)the reasons, stated in the application, why the poll should be conducted by postal ballot;

(b)the costs of conducting the poll by postal ballot compared to the costs of conducting the poll using polling booths;

(c)the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the area to which the application relates;

(d)the population density and distribution in the area to which the application relates;

(e)whether a poll has previously been conducted by postal ballot in the area to which the application relates.

45   Direction that poll be conducted by postal ballot

(1)After receiving the electoral commissioner’s recommendation about an application under section 45AB, the Minister must consider the application and decide to approve or not to approve the application.

(2)In deciding whether to approve the application, the Minister must have regard to—

(a)the electoral commissioner’s recommendation and the reasons for the recommendation; and

(b)the matters mentioned in section 45AB(4).

(3)The approval may be given for—

(a)all the local government’s area; or

(b)1 or more divisions of its area; or

(c)a part of its area marked on a map.

(4)If the approval is given for a part of a local government’s area, the local government must—

(a)ensure that the public may inspect the relevant map—

(i)at the local government’s public office; and

(ii)on the local government’s website; and

(b)publish details of the approval on the local government’s website, and in other ways the local government considers appropriate.

45A   Decisions under this subdivision are not subject to appeal

A decision of the Minister or the electoral commissioner under this subdivision is not subject to appeal.

Note—

See the Judicial Review Act 1991, section 6 in relation to the making of a recommendation for the purposes of that Act. See also section 158.

Subdivision 2 Polling booths

46   Kinds of polling booths

(1)There are 3 kinds of polling booths—

(a)ordinary polling booths; and

(b)mobile polling booths; and

(c)pre-polling booths.

(2)An ordinary polling booth is a building or other structure, or a part of a building or other structure, that the returning officer for an election arranges to be available on polling day for the election to enable electors in general to vote.

(3)A mobile polling booth is—

(a)all or part of an institution made available as a mobile polling booth under section 49(1); or

(b)all or part of a place made available as a mobile polling booth under section 49(2).

(4)A pre-polling booth means a place arranged under section 50 as a polling booth for electors to cast a pre-poll vote.

47   Polling booths—general

(1)The returning officer for an election—

(a)may arrange for a polling booth within or outside the local government area, or division of the local government area, to be used for the election; and

(b)may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and

(c)must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers.

(2)A place on or from which liquor may lawfully be sold can not be used as a polling booth.

(3)However, a civic or cultural centre, community hall or similar place under a local government’s control, may be used as a polling booth if—

(a)the floor area for taking the ballot is designated in the polling notice; and

(b)the local government ensures that no liquor will be sold or supplied in that area during the taking of the ballot.

(4)The returning officer may arrange for all polling booths, or only particular polling booths, for an election to be used for any other election conducted at the same time for the one local government area.

48   Provision of ordinary polling booths

(1)For taking a ballot in an election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote.

(2)The returning officer may—

(a)less than 3 days before polling day, arrange for an ordinary polling booth to be used; or

(b)less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth;

only if it is necessary because of circumstances beyond the returning officer’s control.

(3)If, after publication of the polling notice, the returning officer arranges for the use of an ordinary polling booth, the officer must also publish notice—

(a)of the location of the booth; and

(b)that the ordinary voting hours of the booth are from 8a.m. to 6p.m.

(4)If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must also publish notice of the cancellation.

(5)The notice under subsection (3) or (4) is to be given in the way the returning officer considers is the best way to inform electors generally.

49   Declaration of mobile polling booths

(1)If the returning officer is satisfied patients or residents of an institution should be able to vote at the institution in a poll, the returning officer may arrange for all or part of the institution to be available as a mobile polling booth to enable the patients or residents to vote there in the poll.

(2)If the returning officer is satisfied a part of the local government area or division of the local government area does not have enough electors to justify the use of an ordinary polling booth, the returning officer may arrange for any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll.

(3)If the returning officer acts under subsection (1) or (2), the officer must—

(a)fix the times, during the period starting 11 days before the polling day and ending at 6p.m. on the polling day, when the mobile polling booth may be used for voting; and

(b)publish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate—

(i)declaring all or part of the institution or the place as a mobile polling booth for the election; and

(ii)stating the times at which votes may be cast at the booth.

(4)If the returning officer arranges a place to be available as a mobile polling booth under subsection (2), the returning officer may change the arrangements made for the mobile polling booth under subsection (3) at any time.

(5)If the arrangements are changed under subsection (4), the returning officer must take the steps that are practical and appropriate to give public notice of the changed arrangements.

(6)The returning officer must give written notice to candidates of the declaration of the mobile polling booth, the times at which votes may be cast at the booth, and any change to the arrangements under subsection (4).

(7)On the declaration of a mobile polling booth, the patients or residents of the institution who are electors, or electors resident in the part of the local government area in which the mobile polling booth is situated, may vote at the booth during—

(a)the times stated for the booth in the notice published under subsection (3)(b); or

(b)if the times have been changed under subsection (4)—the changed times.

50   Declaration of pre-polling booths

(1)The returning officer may arrange a place as a polling booth for an election to enable electors to cast a pre-poll vote.

(2)A polling booth mentioned in subsection (1) may be located anywhere within or outside the local government area, or division of the local government area, for which the election is to be held.

(3)However, the returning officer must ensure a pre-polling booth mentioned in subsection (1) is arranged at 1 of the following places—

(a)the public office, or a part of the public office, of the local government for which the election is to be held;

(b)another office used by the local government to receive rate payments;

(c)another convenient place in the local government’s area.

(4)Also, the returning officer must—

(a)fix the times, during the period starting 14 days before the polling day and ending at 6p.m. on the day immediately before polling day, when the polling booth may be used for voting; and

(b)publish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate—

(i)declaring the place as a polling booth for the election to enable electors to cast a pre-poll vote; and

(ii)stating the times at which votes may be cast at the booth.

(5)The returning officer must give written notice to candidates of the declaration of the polling booth and the times at which votes may be cast at the booth.

51   Duty of person in charge of institution

(1)If the returning officer arranges for all or part of an institution to be used as an ordinary polling booth for an election, the person in charge of the institution must allow electors and issuing officers to have access to the booth whenever votes may be cast at the booth.

(2)If the returning officer declares all or part of an institution as a mobile polling booth for an election, the person in charge of the institution must allow patients or residents of the institution and issuing officers to have access to the booth whenever votes may be cast at the booth.

52   Privacy for electors casting votes at polling booths

The returning officer must ensure that each polling booth for an election is provided with enough voting compartments, or other suitable facilities, to allow the casting of votes in private.

52A    Suspension of poll

(1)The returning officer, or the presiding officer for a polling booth, may suspend the poll at a polling booth on polling day for not more than 4 hours if satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by—

(a)a serious threat that a riot or open violence will happen; or

(b)circumstances that pose a serious risk to the health or safety of persons at the polling booth; or

(c)another emergency.

(2)The returning officer, or the presiding officer for the polling booth, must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to cast a vote, including—

(a)the time the poll is expected to resume at the polling booth; and

(b)the location of other polling booths.

(3)The returning officer or the presiding officer for the polling booth must adjourn the conduct of the poll at the polling booth to another day if—

(a)for any reason, taking of the poll at the polling booth can not resume on the polling day; or

(b)the returning officer or presiding officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to cast a vote at another polling booth.

53   Adjournment of poll

(1)The returning officer, or the presiding officer for a polling booth, may adjourn the poll at the polling booth to another day if satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted or obstructed by any of the things stated in subsection (2) to the extent the taking of the poll can not start or continue at the polling booth.

(2)For subsection (1), the things are as follows—

(a)a storm, flood, fire or a similar happening;

(b)a riot or open violence;

(c)a serious threat that a riot or open violence will happen;

(d)circumstances that pose a serious risk to the health or safety of persons at the polling booth;

(e)another emergency.

(3)If a poll is adjourned under subsection (1) or section 52A(3), the returning officer must fix a day (no later than 34 days after the day on which the poll is adjourned) for taking, or resuming, the adjourned poll.

(4)The returning officer must publish notice of the day fixed for taking, or resuming, the adjourned poll on the electoral commission’s website, and in other ways the returning officer considers appropriate.

(5)If an adjourned poll is held, only electors who are enrolled in the electoral district for which the polling booth is established and who have not otherwise voted in the election, are entitled to vote.

(6)The adjourned poll is taken to have been held on the polling day.

Subdivision 3 Ballot boxes, ballot papers and other documents

54   Ballot boxes generally

(1)A ballot box used in a poll must—

(a)have an opening of a size adequate to allow folded ballot papers and declaration envelopes to be put in the box; and

(b)be under the scrutiny and effective control of an issuing officer.

(2)Issuing officers, candidates and scrutineers for the poll, may inspect a ballot box before the box is locked or sealed for receipt of ballot papers.

55   Ballot papers

(1AA)The electoral commission must ensure a sufficient number of ballot papers complying with subsection (1) are printed and available to the returning officer for distribution under section 58.

(1)A ballot paper, other than a completed ballot paper printed for an electronically assisted vote, must—

(a)be of material that, when folded, the vote recorded on it is effectively concealed; and

(b)for a ballot paper other than a ballot paper reproduced under section 58A—be attached to a butt that—

(i)is not part of the ballot paper; and

(ii)is perforated to allow the ballot paper to be easily detached from the butt; and

(iii)states the local government area, or division of the local government area, for which the poll is conducted; and

(c)show the name of each candidate as required by subsection (2); and

(d)if the names of 2 or more candidates are so similar as to be likely to cause confusion to electors—contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and

(e)if a candidate endorsed by a political party was nominated under section 27(1)(a)—contain, printed adjacent to the candidate’s name—

(i)if the register of political parties includes an abbreviation of the party’s name—the party’s abbreviated name; or

(ii)otherwise—the party’s full name included in the register; and

(f)if a candidate is a member of a group of candidates—contain, printed adjacent to the candidate’s name, the name of the group.

(2)The name of a candidate must be shown on a ballot paper to which subsection (1) applies—

(a)only once by showing first the surname followed by the given name or names of the candidate; and

(b)in the order decided under section 57.

(2A)A completed ballot paper printed for an electronically assisted vote must—

(a)be of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and

(b)state the local government area, or division of the local government area, for which the vote is cast.

(3)A ballot paper must not contain the name of anyone who is not a candidate.

56   Ballot papers for separate polls

(1)This section applies if a poll for election of mayor of a local government is to be conducted when a poll for election of another councillor of the local government is conducted.

(2)The returning officer may decide to use separate ballot papers or combined ballot papers for the poll.

57   Order of candidates’ names on ballot papers

(1)The order the names of candidates in an election are to be listed on ballot papers and polling notices is to be decided under this section.

(2)The order must be decided by the returning officer as soon as practicable after noon on the nomination day.

(3)The returning officer must, in the presence of 2 witnesses—

(a)write the name of each candidate on a separate sheet of paper; and

(b)ensure that each piece of paper is of the same kind, shape, size and colour; and

(c)put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and

(d)ensure that each envelope is opaque and of the same kind, shape, size and colour; and

(e)after each piece of paper has been placed in an envelope, seal the envelope; and

(f)put all the envelopes in a container and shuffle them; and

(g)draw out the envelopes, 1 at a time; and

(h)as each envelope is drawn out, open it and note the name of the candidate shown on the piece of paper in the envelope.

(4)The order in which the names are noted is the order in which the names are to appear on the ballot paper and polling notice.

(5)The returning officer must allow any candidate, or the representative of a candidate, to be present when the order of candidates’ names is decided.

58   Distribution of ballot papers and voters roll

(1)The returning officer must ensure an adequate number of the following are available at polling booths for an election—

(a)ballot papers;

(b)certified copies of the voters roll for each electoral district (as at the cut-off day for the voters rolls).

(1AA)Without limiting subsection (1)(a), a ballot paper is available at a polling booth if a ballot paper can be reproduced at the polling booth under section 58A.

(2)Without limiting subsection (1)(b), a certified copy of a voters roll for an electoral district is available at a polling booth if—

(a)a certified copy of the voters roll can be accessed from the polling booth; and

(b)an issuing officer at the polling booth can use the electronic certified copy to make an electronic record of the persons to whom a ballot paper is issued.

(3)The returning officer must prepare a delivery note, in the approved form, in triplicate for each parcel of ballot papers supplied by the returning officer to presiding officers at polling booths.

(4)The approved form must—

(a)show details of the number of ballot papers supplied; and

(b)show the range of numbers of the ballot papers; and

(c)include a form of acknowledgement of receipt of the ballot papers.

(5)Two copies of the delivery note must be included in the parcel of ballot papers.

(6)As soon as practicable after a presiding officer receives a parcel of ballot papers, the officer must—

(a)check the contents against the details shown in the delivery note; and

(b)complete the particulars prescribed by the delivery note; and

(c)sign the form of acknowledgement included in the delivery note.

(7)If there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by—

(a)if an issuing officer is available—the issuing officer; or

(b)if an issuing officer is not available—a responsible person.

(8)A discrepancy confirmed by a countercheck must be noted in the form of acknowledgement and the form must be signed by the presiding officer and person who made the countercheck.

(9)The presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 92.

58A    Ballot papers may be reproduced if required

(1)This section applies if a polling booth does not have, or runs out of, ballot papers for an election.

(2)An issuing officer at the polling booth may reproduce a ballot paper for the election, including, for example, by photocopying, handwriting or printing the ballot paper.

(3)Section 55(1) applies to a ballot paper reproduced under this section.

(4)The issuing officer must keep a record of the number of ballot papers for an election the officer reproduces under this section.

Subdivision 4 Scrutineers

59   Scrutineers

(1)Each candidate for an election may, by notice given to the returning officer for the election in the approved form, appoint 1 or more adults as scrutineers for the candidate.

(2)Scrutineers are entitled to be present in each polling booth at times when electors are allowed to vote at the booth.

(3)Scrutineers are also entitled to be present—

(a)beforehand at each polling booth to—

(i)inspect ballot boxes; and

(ii)observe the examination of declaration envelopes received before 6p.m. the day before the polling day for the election; and

(b)afterwards at each polling booth and other places to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and

(c)at a place to observe any part of a procedure for making an electronically assisted vote.

(4)For subsections (2) and (3), the number of scrutineers each candidate is entitled to have at a polling booth or other place is 1 scrutineer for each issuing officer present at the booth or place.

(5)A scrutineer may—

(a)object to an issuing officer’s decision on a person’s entitlement to vote at the election; and

(b)object to the acceptance or rejection of a ballot paper by the returning officer or a presiding officer; and

(c)record the identification details given to an issuing officer at a polling booth by a person who votes at the election at the polling booth; and

(d)remove from the polling booth the scrutineer’s record of identification details mentioned in paragraph (c); and

(e)do anything else permitted by this Act.

Note—

A scrutineer may record the name and address, as given to an issuing officer, of a person voting at an election but may not record details of how the person voted at the election. See section 192(3).

(6)A scrutineer must carry adequate identification to show that the person is a scrutineer.

60   [Repealed]

61   [Repealed]

62   [Repealed]

Subdivision 5 Errors, omissions or delays

63   Correction of errors, omissions or delays

If there is an error, omission or delay in or relating to the preparation, issue, sending or return of any voters roll, ballot paper or other document relevant to the conduct of an election, it may be corrected by a gazette notice by the electoral commission setting out what is to be done.

Division 4 Who may vote

64   Who may vote

(1)The following persons are the only persons entitled to vote at an election—

(a)persons enrolled on the voters roll for—

(i)for an election for all the local government’s area—the area; or

(ii)for an election for a division of the local government’s area—the division;

(b)persons whose names are not on the voters roll for the area or division because of official error;

(c)persons who—

(i)are not on the voters roll for the area or division but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for the electoral district under that Act in which the area or division is situated; and

(ii)after the cut-off day for the poll and no later than 6p.m. on the day before the polling day, give the electoral commission a notice under the Electoral Act 1992, section 65.

(2)A person is not entitled to vote—

(a)more than once at the same election; or

(b)at 2 or more divisions of the same local government area.

(3)Also, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at an election.

Division 5 How voting takes place

Subdivision 1 System of voting

65   System of voting

(1)The system of voting at an election, other than an election of a mayor of a local government, is—

(a)for a local government area divided into single-member divisions—optional-preferential voting; and

(b)in any other case—first-past-the-post voting.

(2)The system of voting at an election of a mayor of a local government is optional-preferential voting.

66   Compulsory voting

Voting at an election is compulsory for electors.

Subdivision 2 Casting votes

67   Ways in which to cast votes

(1)In an election, other than a postal ballot election, an elector may—

(a)cast their vote at an ordinary or mobile polling booth on polling day (an ordinary vote); or

(b)cast their vote at a pre-polling booth before polling day (a pre-poll vote); or

(c)cast their vote using posted voting papers (a postal vote); or

(d)cast an electronically assisted vote.

(2)In a postal ballot election, an elector must cast a postal vote.

68   Who may cast votes in particular ways

(1)Any elector may cast an ordinary vote in an election, other than a postal ballot election.

(2)Any elector may cast a pre-poll vote in an election, other than a postal ballot election.

(3)Any elector may cast an absentee vote in an election, other than a postal ballot election, if the local government is divided into divisions.

(4)The following electors may cast a postal vote in an election, other than a postal ballot election—

(a)any elector who wishes to cast a postal vote before the polling day for an election;

(b)a special postal voter under subsection (5A).

(5)All electors must cast a postal vote in a postal ballot election.

(5A)For subsection (4)(b), an elector is a special postal voter if—

(a)the elector’s name is included in the register of special postal voters kept under section 21A because of a written application that satisfies the electoral commission that—

(i)the elector’s address, as shown on the voters roll at the time the application is made, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or

(ii)the elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or

(iii)the elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act 1918 (Cwlth), section 184A(2)(d) to (k); or

(b)the elector is a silent elector.

(5B)Subject to section 75D, if a procedure about how an elector may cast an electronically assisted vote has been made under section 75A, an elector may cast an electronically assisted vote if—

(a)the elector can not vote without assistance because the elector has—

(i)an impairment; or

(ii)an insufficient level of literacy; or

(b)the elector can not vote at a polling booth because of an impairment; or

(c)the elector is a member of a class of electors prescribed under a regulation for this section.

Examples of a class of electors—

•electors whose addresses shown on the voters roll are more than 20km by the nearest practical route from a polling booth

•electors who will not, throughout ordinary voting hours on polling day, be within Queensland

(6)In this section—

absentee vote means a vote cast by an elector at a polling booth in any division of a local government area other than the division of the local government area for which the elector is enrolled on the voters roll.

69   Who must complete a declaration envelope

(1)An elector must complete a declaration envelope for an election if—

(a)the elector is casting a postal vote; or

(b)the elector’s name is not on the voters roll apparently because of an official error; or

(c)the elector appears, from a record apparently made in error, to have already voted in the election; or

(d)the elector is serving a sentence of imprisonment on the cut-off day for the voters roll but is not serving a sentence of imprisonment on the polling day for the election; or

(e)the elector is serving a sentence of imprisonment, or is otherwise lawfully detained, on the polling day for the election; or

(f)the elector is a silent elector; or

(g)the elector, who attends a polling booth on the polling day, is not able to make an ordinary vote at the polling booth for a reason beyond the elector’s control.

Example of a reason beyond an elector’s control—

an electronic copy of the voters roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the voters roll for the election

(2)Also, an elector must complete a declaration envelope for an election if an issuing officer suspects, on reasonable grounds, the elector is not entitled to vote at the election.

70   Casting an ordinary vote or pre-poll vote

(1)To cast an ordinary vote or pre-poll vote in an election, an elector must follow, in order, each of subsections (2) to (7) that applies to the elector.

(2)The elector must—

(a)to cast an ordinary vote—attend a polling booth in the local government area during voting hours for the booth; or

(b)to cast a pre-poll vote—attend a pre-polling booth in the local government area during voting hours for the booth.

(3)At the polling booth or pre-polling booth, the elector must give an issuing officer at the booth the elector’s full name and address.

(4)The elector may be asked questions by the issuing officer in order for the issuing officer to decide the following—

(a)whether the elector is entitled to vote at the election;

(b)whether the elector must complete a declaration envelope.

(6)If the elector must complete a declaration envelope when casting their vote, the elector must sign the appropriate declaration on the declaration envelope before an issuing officer and have the officer sign the envelope as witness.

(7)On being given the ballot paper and declaration envelope (if any), the elector must, without delay—

(a)go alone into an unoccupied voting compartment in the polling booth; and

(b)there, in private, record a vote on the ballot paper; and

(c)fold the ballot paper, concealing the vote, and—

(i)if the elector completed a declaration envelope—put the folded ballot paper in the envelope, seal the envelope and put the sealed envelope in the appropriate ballot box at the polling booth; or

(ii)otherwise—put the folded ballot paper in the appropriate ballot box at the polling booth; and

(d)leave the polling booth.

71   [Repealed]

72   Casting a postal vote by elector other than special postal voter

(1)To cast a postal vote in an election, an elector must follow, in order, each of subsections (2) to (5) that applies to the elector.

(2)The elector must apply to the returning officer for a declaration envelope and a ballot paper with which to cast a postal vote if—

(a)the election is not a postal ballot election; or

Note—

See section 79 for the relevant application.

(b)the election is a postal ballot election and the elector has not been given a ballot paper or declaration envelope.

Note—

See section 81 for the relevant application.

(3)After being given a ballot paper and a declaration envelope, the elector must, before 6p.m. on polling day—

(a)record a vote on the ballot paper; and

(b)fold the ballot paper, put it in the declaration envelope and seal the envelope.

(4)The elector must sign the declaration on the declaration envelope in the presence of an adult, and have the adult sign the envelope as witness.

Note—

For the duty of a witness in signing declaration envelopes, see section 194.

(5)The elector must put the sealed declaration envelope in the reply paid post envelope that accompanied the declaration envelope and post or give the envelope to the returning officer.

Note—

The ballot paper must be received by the returning officer no later than 10 days after the polling day. See section 86(4) or 87(4).

(6)If the elector is unable to apply under subsection (2) without help, another person may help the elector apply.

(7)This section does not apply to a special postal voter.

Note—

Ballots are distributed to special postal voters under section 82.

73   Voting hours for polling booths

(1)The voting hours for an ordinary polling booth are between 8a.m. and 6p.m. on polling day.

(2)The voting hours for a mobile polling booth are the times fixed for the booth by the returning officer.

(3)The voting hours for a pre-polling booth are the times, during the pre-polling period, notified by the returning officer under section 50(4).

(4)If an elector is in a polling booth at the time of close of voting for the booth and for the purpose of casting a vote, the elector must be allowed to vote.

(5)In this section—

pre-polling period, for an election, means the period—

(a)starting no earlier than—

(i)14 days before polling day; or

(ii)the longer period that the returning officer fixes and publishes on the electoral commission’s website, and in other ways the returning officer considers appropriate; and

(b)ending no later than the day before polling day.

74   Particular responsibilities of returning officer when electors cast postal votes

(1)This section applies if the returning officer for an election receives a sealed envelope under section 72(5).

(2)The returning officer must put the sealed envelope in the appropriate ballot box.

75   Particular responsibilities of issuing officers when electors cast ordinary or pre-poll votes

(1)This section applies if an elector attends a polling booth, during voting hours for the booth, to cast an ordinary or pre-poll vote in an election.

(2)An issuing officer at the polling booth must give the elector a ballot paper if—

(a)the elector gives the issuing officer the elector’s full name and address; and

(b)the issuing officer is satisfied the elector is entitled to vote at the election.

(3)The issuing officer may ask the elector questions to decide the following—

(a)whether the elector is entitled to vote at the election;

(b)whether the elector must complete a declaration envelope.

(4)Subsection (5) applies if, because of the elector’s answers to the questions under subsection (3)—

(a)the issuing officer suspects, on reasonable grounds, the elector is not entitled to vote at the election; or

(b)the issuing officer is satisfied the elector must complete a declaration envelope.

(5)The issuing officer must—

(a)inform the elector that the elector must complete a declaration envelope; and

(b)give the elector the declaration envelope to complete.

(6)An issuing officer must—

(a)keep a record of the ballot papers and declaration envelopes given to electors under this section; and

(b)sign the record.

Subdivision 2A Electronically assisted voting

75A   Prescribed procedures for electronically assisted voting

(1)The electoral commission may make procedures about how an elector may cast an electronically assisted vote for an election.

(2)The procedures must provide for the following—

(a)the registration of electors who may cast an electronically assisted vote for an election under section 68(5B);

(b)the authentication of each electronically assisted vote;

(c)the recording of each elector who uses electronically assisted voting;

(d)ensuring the secrecy of each electronically assisted vote;

(e)the secure transmission of each electronically assisted vote to the electoral commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing;

(3)Within 14 days after the appointment, the person must give a return under section 120(4) and (7), as in force immediately before the commencement, for the group’s pre-commencement disclosure period.

(4)For applying section 120—

(a)a reference to a group of candidates is taken to be a reference to the group of persons; and

(b)a reference to the required period is taken to be a reference to the period starting on the appointment and ending 14 days after the appointment; and

(c)a reference to the disclosure date is taken to be a reference to the day that is 14 days after the appointment; and

(d)a reference to the disclosure period is taken to be a reference to the group’s pre-commencement disclosure period.

(5)However, subsection (3) does not apply in relation to a loan that is the subject of a return given to the electoral commission under part 6 before the commencement.

(6) Part 9, division 5 applies in relation to the person and to each member of the group as if—

(a)a reference in the division to part 6 included a reference to this section; and

(b)a reference in the division to section 120 included a reference to this section.

(7)In this section—

pre-commencement disclosure period, for a group of persons mentioned in subsection (1)(a), means the period—

(a)starting when the disclosure period would have started for the group under section 116, as in force immediately before the commencement—

(i)if the persons in the group were a group of candidates for that section; and

(ii)as if a reference in that section to an election were a reference to the election for which the persons in the group are, on the commencement, candidates; and

(b)ending immediately before the day the group gives the record of membership to the electoral commission.

218   Disclosure obligations for electoral expenditure

(1)This section applies to the following, each an election participant, for applying part 6, division 4 in relation to an election to be held after the commencement—

(a)a candidate in the election;

(b)a group of candidates for the election;

(c)a registered political party;

(d)an associated entity;

(e)a third party to which section 125A applies for the election.

(2)It is immaterial whether the election participant incurred electoral expenditure for the election before or after the commencement.

(3)If, under section 106A, the election participant’s disclosure period for the election, other than for this section, started before the introduction day, the disclosure period for the election, for a provision of part 6, division 4, is taken to have started on the introduction day.

(4)Within 14 days after the commencement, the election participant must give a return under part 6, division 4 for any electoral expenditure the participant incurred during the period—

(a)starting on the introduction day; and

(b)ending on the commencement.

(5)Part 9, division 5 applies in relation to the election participant as if a reference in the division to part 6 includes a reference to this section.

(6)In this section—

introduction day means the day the Bill for the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Act 2019 was introduced into the Legislative Assembly.

219   Election and elector information for election before commencement

Elector information can be requested and given under section 101A in relation to the 2016 quadrennial election and any subsequent election.

Division 5 Transitional provision for COVID-19 Emergency Response and Other Legislation Amendment Act 2021

220   Application of pt 9B to election

(1)Part 9B applies to an election mentioned in section 200N—

(a)whether notice of the election mentioned in section 200N(1)(a) was published before or after the commencement; and

(b)whether a regulation providing for the election to be held mentioned in section 200N(1)(b) was made before or after the commencement.

(2)Subsection (3) applies if, immediately before the expiry of part 9B under section 200ZG, anything required or permitted to be done under this Act in relation to an election mentioned in section 200N has not been done.

(3)Expired part 9B continues to apply for the election as if the expired part continued in effect.

Division 6 Transitional provisions for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023

221   Definitions for division

In this division—

2024 quadrennial election means the quadrennial election to be held in 2024.

amending Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023.

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

post-commencement election means the 2024 quadrennial election and any subsequent election.

222   Elections held after introduction day and before 2024 quadrennial election

(1)This section applies in relation to an election held on or after the introduction day and before the 2024 quadrennial election.

(2)This Act as in force immediately before the commencement applies in relation to the election as if the amending Act had not been enacted.

(3)Without limiting subsection (2)—

(a)section 128 as in force immediately before the commencement applies to the electoral commission in relation to publishing a record about a return for the election; and

(b)section 130B as in force immediately before the commencement applies to the electoral commission in relation to giving a notice about a summary return under that section for the election.

(4)In this section—

introduction day means the day the Bill for the amending Act was introduced into the Legislative Assembly.

223   Continuation of existing groups of candidates for 2024 quadrennial election

(1)This section applies if, before the commencement, a group of 2 or more candidates gave the electoral commission a record of the membership of the group under former section 41(2) for the 2024 quadrennial election.

(2)The record is taken to be a notice of the membership of the group given to the electoral commission under new section 42 for the 2024 quadrennial election.

(3)If, before the commencement, the electoral commission published the record on the electoral commission’s website under former section 41(4), the record is taken to be published on the electoral commission’s website under new section 42(2).

(4)If, but for subsection (2), the group would not be eligible under new section 43B to give notice of the membership of the group under new section 42—

(a)on the relevant day—

(i)subsection (2) stops applying to the record; and

(ii)the group stops being a group of candidates for the 2024 quadrennial election; and

(b)the electoral commission must remove the record from the electoral commission’s website as soon as practicable after the relevant day; and

(c)new section 43A applies to the group as if the group had been wound up under new section 43A on the relevant day.

(5)In this section—

relevant day means the day that is 14 days after the commencement.

224   Gifts

(1)An amount forgiven on a loan mentioned in new section 107(2)(c)(ii) is a gift if the amount is forgiven after the commencement, even if the loan was made before the commencement.

(2)An amount or service mentioned in new section 107(2)(e) is a gift if the amount was paid, or service was provided, under a sponsorship arrangement after the commencement, even if the sponsorship arrangement was entered into before the commencement.

(3)New section 107(5) does not apply to a gift, or part of a gift, mentioned in new section 107(4) that was made before the commencement.

(4)New section 119A applies in relation to a gift returned after the commencement whether the gift was received before or after the commencement.

225   Electoral expenditure

(1)New section 109E applies to electoral expenditure whether the expenditure was incurred before or after the commencement.

(2)New section 123U applies to electoral expenditure incurred whether an event mentioned in new section 123U(3) happened before or after the commencement.

226   Agents and register of group agents

(1)The register of group agents for the 2024 quadrennial election is taken to form part of the register of agents kept under new section 116D for the election.

(2)A person recorded in the register of group agents for the 2024 quadrennial election as the agent of a group of candidates for the election is taken to have been appointed as the agent of the group for new part 6 for the election.

(3)However, subsection (2) does not apply if the person has been convicted of an offence against former part 6 or former part 9, division 5.

(4)Subsection (2) does not limit new section 116E(2).

(5)In this section—

register of group agents means the register kept under section 43(1) as in force immediately before the commencement.

227   Existing disclosure obligations for post-commencement elections

(1)This section applies if—

(a)before the commencement, an entity was required under a former return provision to give the electoral commission a return for the 2024 quadrennial election by the disclosure deadline for the return; and

(b)immediately before the commencement—

(i)the entity had not given the return under the former return provision; and

(ii)the disclosure deadline for the return under the former return provision had not passed.

(2)Part 6 as in force immediately before the commencement continues to apply in relation to the return as if the amending Act had not been enacted.

(3)In this section—

former return provision means former section 117(2), 118(2), 118A(2), 120(2) or (4), 124(2) or 125A(2).

228   Summary returns for post-commencement elections under new ss 117 and 120

(1)This section applies to a return required to be given in relation to a participant in a post-commencement election under new section 117(4) or 120(6) if the participant’s disclosure period for the election includes a period before the commencement.

(2)The return must include gifts or loans received during all of the disclosure period for the election, including any part of the period that occurred before the commencement.

(3)A reference in new section 117(4) to a gift received during the participant’s disclosure period for the election is, to the extent the period occurred before the commencement, taken to be a reference to a gift within the meaning of former section 107.

229   Disclosure period for post-commencement elections for particular third parties under new s 118A

(1)This section applies to an entity if—

(a)before the commencement, the entity was not a third party for a post-commencement election under former section 106; and

(b)on the commencement, the entity is a third party for the post-commencement election under new section 106.

(2)For new section 118A, the entity’s disclosure period for the post-commencement election does not include any part of the period occurring before the commencement.

(3)This section applies despite new section 106A.

230   Disclosure period for post-commencement elections for third parties under new s 118B

(1)For new section 118B, a third party’s disclosure period for a post-commencement election does not include any part of the period occurring before the commencement.

(2)This section applies despite new section 106A.

231   First reporting period for new ss 118AA, 120A and 125G

For new sections 118AA, 120A and 125G, the first reporting period is the period—

(a)starting on the day of the commencement; and

(b)ending on the following day—

(i)if the day mentioned in paragraph (a) is before 30 June in a year—30 June in the year;

(ii)otherwise—31 December in the year.

232   Summary expenditure returns for post-commencement elections under new ss 125 and 125A

(1)This section applies to a return required to be given in relation to a participant in a post-commencement election under new section 125(2) or 125A(2) if the participant’s disclosure period for the election includes a period before the commencement.

(2)The return must include electoral expenditure incurred during all of the disclosure period for the election, including any part of the period that occurred before the commencement.

(3)A reference in new sections 125 and 125A to electoral expenditure incurred during the participant’s disclosure period for the election is, to the extent the period occurred before the commencement, taken to be a reference to electoral expenditure within the meaning of former section 123.

233   Summary expenditure returns for particular third parties for post-commencement elections under former s 125A

(1)This section applies to an entity if, immediately before the commencement—

(a)the entity was a third party under former section 106 for a post-commencement election; and

(b)former section 125A applied to the entity for the election.

(2)Within 14 days after the commencement, the entity must give a return under former section 125A(4) for the entity’s pre-commencement disclosure period for the post-commencement election.

(3)For applying former section 125A(4)—

(a)a reference to a third party is taken to be a reference to the entity; and

(b)a reference to the disclosure period is taken to be a reference to the entity’s pre-commencement disclosure period for the post-commencement election; and

(c)a reference to the required period is taken to be a reference to the period starting on the day of the commencement and ending 14 days after the commencement.

(4)New part 9, division 5 applies in relation to the entity as if a reference in the division to part 6 included a reference to this section.

(5)In this section—

pre-commencement disclosure period, for an entity for a post-commencement election, means the period—

(a)starting when the disclosure period mentioned in former section 125A would have started for the entity for the post-commencement election; and

(b)ending immediately before the commencement.

234   Disclosure period for dedicated accounts under new ss 127AA and 127AB

(1)For new sections 127AA and 127AB, the disclosure period for a registered political party that endorses a candidate in a post-commencement election or a relevant third party for a post-commencement election does not include any part of the period occurring before the commencement.

(2)This section applies despite new section 106A.

235   Notice of dedicated account under new s 127BA

(1)This section applies if, immediately before the commencement—

(a)a registered political party had endorsed a candidate for the 2024 quadrennial election; or

(b)a person was a candidate for the 2024 quadrennial election.

(2)New section 127BA applies in relation to the registered political party or candidate as if the party or candidate became a participant in the 2024 quadrennial election on the commencement.

(3)However, despite new section 127BA(2), the notice under that provision must be given within 14 days after the commencement.

(4)For applying new section 127BA(4), a reference in that provision to a notice given under new section 127BA is taken to be a reference to a nomination containing information about a candidate’s account for a previous election given to the returning officer under former section 27(2) for the previous election.

236   Notice of endorsement of candidates under new s 135A

(1)This section applies in relation to a registered political party if, immediately before the commencement, a candidate in a post-commencement election was endorsed by the party.

(2)New section 135A(2) applies in relation to the registered political party as if the endorsement of the candidate in the post-commencement election happened on the commencement.

(3)However, despite new section 135A(2), an event notice under that subsection must be given within 14 days after the commencement.

(4)In this section—

endorsed, in relation to a candidate by a registered political party, has the meaning given by new section 109G.

237   Existing records under former s 196

Former section 196 continues to apply in relation to a record that, immediately before the commencement, was required to be kept under that section as if the amending Act had not been enacted.

Schedule 1 Other matters nomination must contain

section 27(2)(b)(v)

1   Definitions for schedule

In this schedule—

close associate see section 2.

contractual arrangement means—

(a)a contractual arrangement for which the Local Government Act 2009 or the City of Brisbane Act 2010 prescribes contracting procedures that the local government must comply with in making the arrangement; or

Note—

See the Local Government Regulation 2012, chapter 6, parts 2 and 3 and the City of Brisbane Regulation 2012, chapter 6, parts 2 and 3.

(b)an arrangement provided for under the Local Government Act 2009 or the City of Brisbane Act 2010 that allows a local government to enter into a contract without first inviting quotes or tenders.

Note—

See the Local Government Regulation 2012, chapter 6, part 3 and the City of Brisbane Regulation 2012, chapter 6, part 3.

contractual process means a process provided for under the Local Government Act 2009 or the City of Brisbane Act 2010 that is preliminary to the making of a contractual arrangement with a local government.

Examples—

a tender process, an expressions of interest process for a list of appropriately qualified suppliers

2   Who is a close associate

A person is a close associate of a candidate if the person is any of the following in relation to the candidate—

(a)a spouse;

(b)a partner in a partnership;

(c)an entity, other than a government entity, for which the candidate is an executive officer or board member.

3   Membership of political party or trade or professional organisation

(1)If a candidate is, or has been within the previous year, a member of a registered political party or trade or professional organisation, the nomination must contain, for each party or organisation—

(a)the name and address of the party or organisation; and

(b)the date on which the candidate became a member and, if the candidate is no longer a member, the date the candidate stopped being a member.

(2)If subsection (1) does not apply, the nomination must contain a statement that the candidate is not, and has not been within the previous year, a member of a registered political party or trade or professional organisation.

4   Contractual arrangements

(1)Subsection (2) applies to a candidate if the candidate, or a close associate of the candidate, is, or has been within the previous year, a party to a contractual arrangement with the local government.

(2)The nomination must contain, for each contractual arrangement—

(a)the nature of the arrangement; and

(b)if the arrangement is a medium-sized contractual arrangement or a large-sized contractual arrangement under the Local Government Regulation 2012 or the City of Brisbane Regulation 2012—a statement about that fact; and

(c)if a close associate of the candidate is a party to the arrangement—

(i)the name and address of the close associate; and

(ii)the nature of the candidate’s relationship with the close associate.

(3)If subsection (2) does not apply to the candidate, the nomination must contain a statement that the candidate, and each close associate of the candidate, is not, and has not been within the previous year, a party to a contractual arrangement with the local government.

5   Contractual processes

(1)Subsection (2) applies to a candidate if the candidate, or a close associate of the candidate, is engaged in a contractual process with the local government.

(2)The nomination must contain, for each contractual process—

(a)the nature of the process; and

(b)if a close associate of the candidate is engaged in the process—

(i)the name and address of the close associate; and

(ii)the nature of the candidate’s relationship with the close associate.

(3)If subsection (2) does not apply to the candidate, the nomination must contain a statement that the candidate, and each close associate of the candidate, is not engaged in a contractual process with the local government.

6   Particular applications or representations

(1)Subsection (2) applies to a candidate if any of the following applications or representations made by the candidate, or a close associate of the candidate, have not been decided before the nomination is made—

(a)a development application under the Planning Act 2016 for which the local government is the assessment manager under that Act;

(b)a development application under the repealed Sustainable Planning Act 2009 for which the local government is the assessment manager under that Act;

(c)a change representation under the Planning Act 2016 for which the local government is the assessment manager under that Act;

(d)a change application under the Planning Act 2016 for which the local government is the responsible entity under that Act;

(e)an extension application under the Planning Act 2016 for which the local government is the assessment manager under that Act.

(2)The nomination must contain, for each application or representation—

(a)the nature of the application or representation; and

(b)if the application or representation was made by a close associate of the candidate—

(i)the name and address of the close associate; and

(ii)the nature of the candidate’s relationship with the close associate.

(3)If subsection (1) does not apply to the candidate, the nomination must contain a statement that the candidate, and each close associate of the candidate, has not made an application or representation to which subsection (1) applies.

7   Training course approved under Act, s 26

The nomination must contain a statement that the candidate has, within 6 months before the nomination day for the election, successfully completed a training course approved under section 26(2) of the Act.

Schedule 2 Dictionary

section 4

agent see section 106.

applicant, for part 7, means a person who files an application.

application, for part 7, means an application about disputing an election under section 138.

approved form means a form approved by the electoral commission under section 207.

assistant returning officer, for an election, means a person appointed under section 10 as an assistant returning officer for the election.

associated entity—

(a)of a registered political party that endorses a candidate in an election—see section 112C(2) and (3); or

(b)of a candidate in an election—see section 112D(2), (3), (4) and (5); or

(c)of a group of candidates for an election—see section 112E(2) and (3).

auditor, for part 6, see section 106.

authorised officer means a person who holds office under the Electoral Act 1992, part 11, division 14, as an authorised officer.

bank statement, for an account with a financial institution, for part 6, see section 106.

broadcaster, for part 6, see section 106.

by-election means an election to replace a councillor after the councillor’s office becomes vacant.

Note—

See the Local Government Act 2009, chapter 6, part 2, division 3 or the City of Brisbane Act 2010, chapter 6, part 2, division 3, for when a vacancy in the office of a councillor must be filled by a by-election.

campaign purpose, for incurring electoral expenditure, for part 6, see section 109B.

candidate—

(a)means a person whose nomination as a candidate for an election has been certified by the returning officer under section 27(3)(a); and

(b)for part 4, division 2, subdivision 3 and parts 6 and 9—includes another person who—

(i)is an elected or appointed councillor at any time during the disclosure period mentioned in section 106A for a candidate; or

(ii)has announced or otherwise publicly indicated an intention to be a candidate in the election; or

(iii)has otherwise indicated the person’s intention to be a candidate in the election, including, for example, by accepting a gift made for the purpose of the election.

candidate’s disclosure period ...

capped expenditure period, for an election, for part 6, see section 123A.

CEO returning officer ...

close associate, for schedule 1, see schedule 1, section 2.

conclusion, of an election, see section 7.

contractual arrangement, for schedule 1, see schedule 1, section 1.

contractual process, for schedule 1, see schedule 1, section 1.

councillor, of a local government, includes the mayor.

Court of Disputed Returns see the Electoral Act 1992, section 137.

cut-off day, for the voters roll for an election, means the day to which the voters roll for the election must be compiled under section 18.

declaration envelope means an envelope—

(a)on which there is a form of declaration that is to be made by an elector; and

(b)in which the elector’s ballot paper is to be sealed.

dedicated account, of a participant in an election, means the account the participant must operate under section 126(2), 127(2), 127AA(2) or 127AB(2) for the election.

deposit, in relation to a nomination, means the amount deposited under section 39 for the nomination.

disclosure deadline, for a return, see section 106.

disclosure period, for an election, for part 6—

(a)for a candidate in the election—see section 106A(1); or

(b)for a registered political party that endorses a candidate in the election—see section 106A(3); or

(c)for a group of candidates for the election—see section 106A(4); or

(d)for a third party for the election—see section 106A(5); or

(e)for an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election—see section 106A(6).

disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, including, for example—

(a)the allotment of shares in a company; and

(b)the creation of a trust in property; and

(c)the grant or creation of a lease, mortgage, charge, servitude, licence, power, partnership or interest in property; and

(d)the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action, or of an interest in property; and

(e)the exercise by a person of a general power of appointment of property in favour of another person; and

(f)any transaction entered into by a person with intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person.

distribute, a how-to-vote card—

(a)includes make the card available to other persons; but

(b)does not include merely displaying the card.

Examples—

1

A person distributes how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.

2

A person does not distribute how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.

division, of a local government area, means a division of the area established for the election of councillors or a councillor.

early polling booth ...

elect includes re-elect.

election means a local government election.

election material means anything able to, or intended to—

(a)influence an elector about voting at an election; or

(b)affect the result of an election.

election period, for an election, means the period—

(a)starting on the day when public notice of the holding of the election is given under section 25(1); and

(b)ending on the close of the poll for the election.

elector means a person entitled to vote in an election.

electoral commission means the Electoral Commission of Queensland established under the Electoral Act 1992, section 7.

electoral commissioner means the electoral commissioner under the Electoral Act 1992.

electoral district means an electoral district under the Electoral Act 1992.

electoral expenditure see section 109A.

electoral officer means the returning officer, an assistant returning officer, presiding officer or issuing officer.

electoral paper means a ballot paper, declaration envelope or other document issued by the electoral commission under this Act.

electoral roll means an electoral roll kept under the Electoral Act 1992, section 58.

electoral purpose means a purpose that relates to an election.

emergency ...

endorsed, in relation to a candidate by a registered political party, for part 6, see section 109G.

expenditure cap, for an election, in relation to a participant in the election, for part 6, division 4, see section 123B.

financial controller, of an associated entity of a registered political party that endorses a candidate in an election, or of a candidate in an election or a group of candidates for an election, for part 6, see section 106.

first-preference vote, recorded on a ballot paper, means the number 1, or a tick or cross, written in a square opposite the name of a candidate on the ballot paper.

formal, in relation to a vote, means the vote is recorded on a formal ballot paper.

formal ballot paper means a ballot paper that is a formal ballot paper under—

(a)for optional-preferential voting—section 86(7); or

(b)for first-past-the-post voting—section 87(6).

fresh election means an election of all the councillors of a local government that is not a quadrennial election.

fundraising contribution, for part 6, see section 107A.

gift see section 107.

gifted, for an amount of electoral expenditure incurred, for part 6, see section 109C(1).

gifts register ...

group campaign activity see section 183(2).

group of candidates, for an election, see section 42(3).

group’s disclosure period ...

how-to-vote card means—

(a)a card, handbill or pamphlet, relating to an election for which optional-preferential voting applies, that—

(i)is or includes—

(A)a representation of a ballot paper or part of a ballot paper; or

(B)something apparently intended to represent a ballot paper or part of a ballot paper; or

(ii)lists the names of any or all of the candidates for the election with a number indicating an order of voting preference against the names of any or all of the candidates; or

(iii)otherwise directs or encourages the casting of preference votes, other than first-preference votes, in a particular way; or

(b)a card, handbill or pamphlet, relating to an election for which first-past-the-post voting applies, that—

(i)is or includes—

(A)a representation of a ballot paper or part of a ballot paper; or

(B)something apparently intended to represent a ballot paper or part of a ballot paper; or

(ii)directs or encourages the casting of a vote for a number of particular candidates equal to the number of candidates to be elected.

individual candidate, for part 6, see section 106AA.

informal, in relation to a vote, means the vote is recorded on an informal ballot paper.

informal ballot paper means a ballot paper that is an informal ballot paper under—

(a)for optional-preferential voting—section 86(8); or

(b)for first-past-the-post voting—section 87(7).

information notice, about a decision, for part 6, see section 106.

institution means any of the following—

(a)a hospital;

(b)a convalescent home;

(c)a nursing home;

(d)a home for the aged;

(e)a hostel for the aged or infirm;

(f)another place prescribed by regulation to be an institution.

issuing officer see section 12.

loan, for part 6, see section 106.

local government election means—

(a)a quadrennial election; or

(b)a by-election; or

(c)a fresh election.

local government employee—

(a)for the City of Brisbane—means a council employee under the City of Brisbane Act 2010, schedule; or

(b)for another local government—means a local government employee under the Local Government Act 2009, schedule 4.

maximum amount, for an election, for part 6, division 4, see section 123.

mobile polling booth see section 46(3).

name ...

nomination day, for an election, means the day stated as the nomination day for the election—

(a)in a notice under section 25; or

(b)in a gazette notice under section 38.

nominee, for an election, means a person who has nominated for election as a councillor at the election.

number of enrolled electors, for an election, for part 6, division 4, see section 123S(1).

obstruct includes hinder and attempt to obstruct.

official cash rate means the Reserve Bank of Australia’s cash rate target.

ordinary polling booth see section 46(2).

ordinary vote see section 67(1)(a).

ordinary voting hours means the hours between 8a.m. and 6p.m. on a day.

participant, in relation to an election, see section 106AB.

person acting on behalf of a candidate, for part 6, see section 111(1).

person acting on behalf of a group of candidates, for part 6, see section 111(2).

place includes a vehicle.

political activity ...

political donation, for part 6, division 1A, see section 113A.

political party means an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it, or by a body or organisation of which it forms a part, to an office of councillor of a local government.

polling booth means—

(a)an ordinary polling booth; or

(b)a mobile polling booth; or

(c)a pre-polling booth.

polling day, for an election, means the day—

(a)stated in a notice under section 35; or

(b)fixed by notice under section 36; or

(c)fixed by a notice under section 38; or

(d)fixed by a notice under section 53.

polling notice means the public notice given by a returning officer, under section 35, that a poll will be conducted.

postal ballot election means an election for which the Minister has directed, under section 45, that the poll be conducted by postal ballot.

postal vote see section 67(1)(c).

postal voter means an elector who casts a postal vote in an election.

preference vote, recorded on a ballot paper, means the number 2, or a higher number, written in a square opposite the name of a candidate on the ballot paper.

pre-polling booth see section 46(4).

pre-poll vote see section 67(1)(b).

prescribed matter, in relation to a relevant entity for an election, for part 6, division 5B, see section 127M.

presiding officer, for a polling booth, means the person who, under section 11, is the presiding officer at the polling booth.

prohibited donor, for part 6, division 1A, see section 113(1).

proof of identity document ...

properly nominated, for an election, see section 27(5).

public office, of a local government, see the Local Government Act 2009, schedule 4.

quadrennial election means the election of councillors for local governments that is held in 2012, and every fourth year after 2012.

recipient, of a gift or loan, for part 6, see section 106.

registered, for a third party in relation to an election, for part 6, see section 106.

registered industrial organisation, for part 6, see section 106.

registered officer, of a registered political party, see the Electoral Act 1992, schedule 1.

registered political party see the Electoral Act 1992, schedule 1.

register of agents, for part 6, see 106.

register of political parties means the register of political parties kept under the Electoral Act 1992.

register of third parties, for an election, for part 6, see section 106.

related political party, for part 6, see section 106.

relevant day, for an election, for part 6, division 4, see section 123S(3) and (4).

relevant details, for a gift, for part 6, see section 109.

relevant entity, for an election, for part 6, division 5B, see section 127L.

relevant material, for part 6, see section 106.

relevant third party, for an election, for part 6, see section 106.

reporting period, for part 6, see section 106.

required period, for part 6, see section 106.

returning officer, for an election, means a person who under section 9 is the returning officer for the election.

silent elector means a person—

(a)to whom the Electoral Act 1992, section 58(5) applies; or

(b)whose address has been excluded from an electoral roll under an arrangement under the Electoral Act 1992, section 62 because of the Commonwealth Electoral Act 1918 (Cwlth), section 104.

source, for part 6—

(a)of a gift—see section 121A(1); or

(b)of a loan—see section 121A(2).

special postal voter see section 68(5A).

spoilt ballot paper see sections 85(1)(a)(i) and 85A(1)(b).

sponsorship arrangement, for part 6, see section 107B.

third party, for an election, for part 6, see section 106.

value, of a gift, for part 6, see section 106.

voters roll see section 17.

voting hours, for a mobile polling booth, means the hours when electors may enter the booth to vote at an election.