Parliamentary Electorates and Elections Act 1912 (NSW)
An Act to consolidate enactments relating to Parliamentary electorates and elections.
This Act may be cited as the Parliamentary Electorates and Elections Act 1912.
The Acts mentioned in Schedule 1, to the extent therein expressed, are hereby repealed.
(Repealed)
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
(a) in the Australian Antarctic Territory, including Macquarie Island and the Territory of Heard Island and McDonald Islands, or
(b) on a ship in transit to or from a place mentioned in paragraph (a) that has been declared by the Electoral Commissioner to be an Antarctic ship.
(a) a returning officer or acting returning officer, or
(b) a polling place manager, or
(c) an election assistant.
(a) has been granted general postal voter status under section 114AA, or
(b) is taken to be a general postal voter under that section.
(a) in relation to a pre-poll voting place within a district:
(i) the returning officer for the district, or
(ii) an election official assigned by the returning officer for the district to conduct pre-poll voting, and
(b) in relation to a pre-poll voting place not within a district—an interstate or overseas pre-poll voting officer.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to a poll for a district or an election for a district is a reference to a poll or an election for the return of a member of the Assembly.
A reference (however expressed) to
(a) in any provision of this Act relating to the preparation, alteration or revision of rolls, or
(b) in any regulation, form or electoral paper relating to or used in connection with the preparation, alteration or revision of rolls,
shall be read as a reference to place of living or live, as the case may be.
Notes included in this Act are explanatory notes and do not form part of this Act.
A reference (however expressed) in this Act to the place of residence as enrolled of an elector is, in relation to a silent elector, a reference to the place of residence in respect of which the person is enrolled, even though the particulars of the elector’s residence are not shown on the roll because of a request made under section 31.
(Repealed)
When any distribution of electoral districts becomes necessary under the provisions of the Constitution Act 1902, the Governor shall, by commission under the Great Seal, appoint three persons to be commissioners for the purposes of this Part, and to be called the “Electoral Districts Commissioners”, to carry out the distribution.
Of the persons appointed:
(a) one must be, or have been, a Judge of the Supreme Court, and
(b) one must be the person who for the time being holds the office of Electoral Commissioner, and
(c) one must be the person employed in the Public Service as the Surveyor-General.
The names of the persons so appointed shall be published in the Gazette.
(Repealed)
In any other case, the appointment of commissioners under this section must occur no more than 2 years after the date of return of the writs for choosing the Legislative Assembly that exists at the time the distribution becomes necessary under the provisions of the Constitution Act 1902. However, if that 2 year period has passed when the distribution becomes necessary, then the commissioners must be appointed within 6 months after the day that the distribution becomes necessary.
For the purposes of carrying out the powers and duties conferred and imposed upon the Electoral Districts Commissioners with respect to the carrying out of a distribution, the Electoral Districts Commissioners may, with the approval of the Minister to whom the agency concerned is responsible, make use of the services of any Public Service employee or police officer.
The office of a commissioner shall be tenable for the period named in such commission, and, if necessary, for such extended period, to be named in a further commission, as the Governor may deem proper for the completion of the distribution in respect whereof such firstmentioned commission has been issued.
The office of a commissioner shall be vacated if for any cause the commissioner ceases to possess the qualification for appointment mentioned in section 6 (2).
A commissioner may be paid such remuneration as may be determined by the Governor. Each commissioner shall be entitled to such travelling allowances as may be fixed by the Governor.
At any meeting of the commissioners the person who is or has been a Judge of the Supreme Court shall, when present, be chairperson; and in that person’s absence the Electoral Commissioner shall be chairperson.
The commissioners may, subject to the provisions of this Act, make rules for the conduct of their proceedings (including the conduct of their proceedings in public), but no such rule shall have any force until the same has been approved by the Governor.
At all meetings of the commissioners two shall form a quorum, and in the event of an equality of votes the chairperson shall have a casting vote in addition to his or her original vote.
A person shall not be appointed a commissioner under this Act if he or she is a person:
(a) who is a bankrupt, is applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, whose debts are subject to a composition with his or her creditors, or whose remuneration would, on his or her appointment, be subject to an assignment for their benefit,
(b) who has been convicted in New South Wales of a crime or an offence which is punishable by imprisonment for 12 months or more, or has been convicted elsewhere than in New South Wales of a crime or an offence which, if committed in New South Wales, would have been a crime or an offence so punishable, or
(c) who is a mentally incapacitated person.
A commissioner shall be deemed to have vacated office if the commissioner:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,
(b) is convicted in New South Wales of a crime or an offence which is punishable by imprisonment for 12 months or more, or is convicted elsewhere than in New South Wales of a crime or an offence which, if committed in New South Wales, would be a crime or an offence so punishable, or is convicted of a crime or an offence, whether in New South Wales or elsewhere, and is sentenced to imprisonment for that crime or offence, or
(c) becomes a mentally incapacitated person.
If any commissioner dies or becomes permanently incapable from illness of performing the commissioner’s duties, or resigns office, or vacates office by reason of any of the causes mentioned in section 7 (2) or in section 11, the Governor shall by commission under the Great Seal appoint a person eligible under section 6 as commissioner in place of the original commissioner.
It shall be the duty of the commissioners, and they are hereby directed, to distribute New South Wales into electoral districts and to do so with all due diligence after their appointment.
As soon as practicable after they have been appointed, the commissioners shall, by advertisement published in the Gazette:
(a) invite suggestions in writing to be lodged with the commissioners, within 30 days after the date of advertisement, relating to the distribution of New South Wales into electoral districts,
(b) invite comments to be lodged with the commissioners, within 14 days after the expiration of the period referred to in paragraph (a), relating to any suggestions received by the commissioners in pursuance of that paragraph, and
(c) give notice that any suggestions or comments lodged with them pursuant to paragraph (a) or (b) will, immediately after the expiration of:
(i) in relation to suggestions—the period referred to in paragraph (a), or
(ii) in relation to comments—the 14 day period referred to in paragraph (b),
be made available at their office situated at a place specified in the advertisement.
Immediately after the expiration of the period referred to in subsection (2) (a), the commissioners shall make available for perusal at their office copies of any suggestions lodged with them in pursuance of that paragraph.
Immediately after the expiration of the 14 day period referred to in subsection (2) (b), the commissioners shall make available for perusal at their office copies of any comments lodged with them in pursuance of that paragraph.
The commissioners shall consider any suggestions or comments lodged with them in pursuance of subsection (2) before determining the names and boundaries of electoral districts.
The commissioners shall also obtain, and consider, the advice of a recognised demographer before determining the boundaries of electoral districts.
If the comments lodged with the commissioners under subsection (2) (b) are made orally, the obligation to make them available for perusal is an obligation to make a transcript or summary of the comments available.
The prescribed notice of any proposed alteration of an electoral district shall be given by the commissioners in the Gazette and in some newspaper published or circulating in the district.
That notice must refer to the fact that a written statement of the commissioners’ reasons for making the proposed alteration will be available for inspection at no cost during office hours at the offices of the Electoral Commissioner, for the period referred to in subsection (2).
For that purpose, the commissioners must ensure that such a statement is provided to the Electoral Commissioner and the Electoral Commissioner must ensure that the statement is made available in accordance with the notice.
Suggestions or objections in writing may be lodged with the commissioners in relation to a proposed alteration of an electoral district within:
(a) a period of 30 days, or
(b) where some other period is prescribed, the prescribed period,
after the publication in the Gazette of the notice referred to in subsection (1).
The commissioners shall consider any suggestions or objections lodged with them in pursuance of subsection (2) before determining the names and boundaries of electoral districts.
The commissioners must complete:
(a) their consideration of any suggestions or objections lodged with them under subsection (2), and
(b) any inquiries under subsection (5) into those suggestions or objections,
as soon as practicable and in any event before the end of the period of 60 days after the period referred to in subsection (2) or, at their discretion and if an extension is required, before the end of a further period of 10 days. The 60-day and the further 10-day period does not cover the process of formulating and making the commissioners’ determination or draft determination under subsection (12).
The commissioners must hold an inquiry into any suggestion or objection unless the commissioners are of the opinion that:
(a) the matters raised in the suggestion or objection were raised, or are substantially the same as matters that were raised, in suggestions or comments relating to the redistribution lodged with the commissioners in pursuance of section 13, or
(b) the suggestion or objection is frivolous or vexatious.
The commissioners may hold one inquiry into a number of suggestions and objections.
Proceedings before the commissioners at an inquiry into any suggestion or objection must be held in public.
At an inquiry into any suggestion or objection, submissions in relation to the suggestion or objection may be made to the commissioners by or on behalf of the person who, or the organisation that, lodged the suggestion or objection with the commissioners and any person who, or organisation that, lodged suggestions or comments relating to the redistribution with the commissioners in pursuance of section 13.
At an inquiry into any suggestion or objection, the commissioners must consider all of the submissions made to them in relation to the suggestion or objection.
The commissioners are not bound by the legal rules of evidence and may regulate the conduct of proceedings at an inquiry into any suggestion or objection as they think fit.
Without limiting the generality of subsection (10), the following matters are within the absolute discretion of the commissioners:
(a) the manner in which submissions may be made to the commissioners,
(b) the time within which submissions may be made to the commissioners,
(c) the extent to which the commissioners may be addressed, and the persons by whom they may be addressed, on any submission.
As soon as practicable after the commissioners have concluded their consideration of any suggestion or objection (including any inquiries into any suggestion or objection), they must consider the form of a draft determination of the names and boundaries of electoral districts, and:
(a) if the commissioners are of the opinion that the draft determination would not be significantly different from the proposal notified under subsection (1)—determine the names and boundaries of electoral districts in accordance with the draft determination, or
(b) if the commissioners are of the opinion that the draft determination is significantly different from the proposal notified under subsection (1) in respect of an electoral district—the commissioners must publish in the Gazette and in a newspaper published or circulating in that district a notice containing a summary of the draft determination so far as is relevant and a statement to the effect that:
(i) a person who, or an organisation that, was entitled to make submissions under subsection (8) may within the prescribed period (or the period determined by the commissioners if there is no prescribed period) lodge with the commissioners a written objection, and
(ii) subject to subsection (5), the commissioners will hold an inquiry into any such objection.
(Repealed)
If such a statement is published:
(a) a person who, or an organisation that, was entitled to make submissions to an inquiry under this section may, within the prescribed period (or the period determined by the commissioners if there is no prescribed period) after the publication of the statement, lodge with the commissioners a written objection, and
(b) subject to subsection (5), the commissioners must hold an inquiry into any such objection, and
(c) subsections (5)–(11) apply to an inquiry into any such objection as if the objection were a suggestion or objection made under subsection (2).
The commissioners must complete:
(a) their consideration of any objections lodged with them under subsection (14), and
(b) any inquiries under subsection (5) (as applied by subsection (14)) into those objections,
as soon as practicable and before the end of the prescribed period (if any). That prescribed period does not cover the process of formulating and making the commissioners’ determination under subsection (15).
As soon as is practicable after the commissioners have concluded their inquiries into any objection lodged under subsection (14), they must determine the names and boundaries of electoral districts. The commissioners are not required to invite further submissions, suggestions or objections or to hold any inquiries into any such further submissions, suggestions or objections that are received.
The Electoral Commissioner must ensure, as far as is reasonably practicable, that maps indicating the proposed boundaries of electoral districts under proposed alterations under subsection (1) are available for inspection:
(a) at the office of the Commission, and
(b) at the offices of the councils of the local government areas within current or proposed boundaries, and
(c) on the Commission’s internet website.
The commissioners are required to determine the boundaries of electoral districts by determining the area of each district by reference to such matters (including cadastral, topographical, administrative and other spatial information) as they think fit.
The commissioners are required to cause the area of each electoral district to be recorded in digital or electronic form in such a way as to be capable of generating a digital or electronic version and a printed version of a map of the area of each district.
If for any reason it is not practicable to record the area of an electoral district in digital or electronic form, the area may be identified and recorded as or by means of:
(a) a printed version of a map of the area of the district, or
(b) a printed version describing the physical boundaries of the area of the district, or
(c) a printed version of the area of the district prepared by reference to other matters (such as local government areas or parts of local government areas).
The commissioners are required to lodge a copy of the printed version of the areas of the electoral districts, signed by the commissioners, with the Surveyor-General, who is required to keep that copy at least until the next distribution of electoral districts.
The copy lodged with the Surveyor-General is evidence of the areas of the electoral districts to which it relates.
Section 9C of the Surveying and Spatial Information Act 2002 requires details of electoral districts to be included in the register of public surveys.
The commissioners shall report to the Governor the names and boundaries of the electoral districts determined by them under any provision of this Part.
The Governor shall thereupon cause a proclamation setting out the names of such electoral districts to be published in the Gazette, together with a printed version of the area of each district generated as referred to in section 14A (2) or a description of the area of each district identified as referred to in section 14A (3).
Upon publication of a proclamation under subsection (2), the electoral districts specified in the proclamation shall, until altered by a further distribution under the Constitution Act 1902, be the electoral districts of New South Wales.
Notwithstanding subsection (3), the electoral districts existing immediately before the publication of a proclamation under subsection (2) shall, for the purposes of any by-election to be held before the dissolution or expiry of the Assembly next succeeding that publication, be the electoral districts of New South Wales.
(Repealed)
In carrying out a distribution, the commissioners shall, subject to complying with section 28 of the Constitution Act 1902:
(a) have regard to demographic trends within the State and, as far as practicable, endeavour to ensure on the basis of those trends that, at the relevant future time, the number of electors enrolled in each electoral district will be equal (within a margin of allowance of 10 per cent more or less of the average enrolment in electoral districts at that future time), and
(b) subject to paragraph (a), give due consideration, in relation to each electoral district, to:
(i) community of interests within the electoral district, including economic, social and regional interests,
(ii) means of communication and travel within the electoral district,
(iii) the physical features and area of the electoral district,
(iv) mountain and other natural boundaries, and
(v) the boundaries of the existing electoral districts.
For the purposes of subsection (1) (a), the relevant future time is 4 years from the day of the return of the writs for choosing the Legislative Assembly that exists at the time the distribution is carried out.
(Repealed)
The Electoral Districts Commissioners shall have the powers and immunities of a Commissioner, and the chairperson of the Electoral Districts Commissioners shall have the powers of a chairperson within the meaning of Division 1 of Part 2 of the Royal Commissions Act 1923, and the provisions of that Act with the exception of section 13 and Division 2 of Part 2 shall, mutatis mutandis, apply to any witness or person summoned by or appearing before the Electoral Districts Commissioners.
(Repealed)
(Renumbered as section 25)
(Renumbered as section 25)There is constituted by this Act a corporation with the corporate name of the New South Wales Electoral Commission.
The Electoral Commission is a statutory body representing the Crown.
Section 13A of the Interpretation Act 1987 provides that a statutory body representing the Crown has the status, privileges and immunities of the Crown.
The Electoral Commission consists of the following members:
(a) a former Judge appointed by the Governor as the Chairperson of the Commission,
(b) the Electoral Commissioner,
(c) a person appointed by the Governor who has financial or audit skills and qualifications relevant to the functions of the Commission.
In this section,
(a) a former Judge of the Supreme Court of the State or of any other State or Territory, or
(b) a former Judge of the Federal Court of Australia, or
(c) a former Justice of the High Court of Australia.
Schedule 21A contains provisions relating to the Electoral Commission.
The Electoral Commission has the functions conferred or imposed on it by or under this Act, the Election Funding, Expenditure and Disclosures Act 1981, the Lobbying of Government Officials Act 2011 or any other Act.
Under the Election Funding, Expenditure and Disclosures Act 1981, the Electoral Commission has the function of administering the election funding, expenditure and disclosure scheme under that Act and registering electoral participants for the purposes of that scheme. Under the Lobbying of Government Officials Act 2011, the Electoral Commission has the function of maintaining the Register of Third-Party Lobbyists and Lobbyists Watch List, and of the enforcement of obligations relating to lobbying.
The Electoral Commission may:
(a) provide assistance for the conduct of elections by the Electoral Commissioner under this or any other Act, and
(b) institute proceedings for offences against this Act, the Election Funding, Expenditure and Disclosures Act 1981 or the Lobbying of Government Officials Act 2011, and
(c) conduct and promote research into electoral matters and other matters that relate to its functions, and publish the results of any such research, and
(d) promote public awareness of electoral matters that are in the general public interest by means of education and information programs.
It is the duty of the Electoral Commission to exercise its functions in a manner that is not unfairly biased against or in favour of any particular parties, groups, candidates or other persons or bodies.
The Electoral Commission is not subject to the control or direction of the Minister in the exercise of its functions.
The Electoral Commissioner is not subject to the control or direction of the Electoral Commission in the exercise of his or her functions under this or any other Act (other than functions of the Electoral Commission that are delegated to the Electoral Commissioner).
The Electoral Commission may institute proceedings for offences under the Local Government Act 1993 in connection with the conduct of local government elections. This subsection operates to extend and not limit the persons who may institute proceedings for those offences.
A member of staff of the Electoral Commission is an authorised person for the purposes of section 679 (Penalty notices for certain offences) of the Local Government Act 1993 in connection with offences referred to in subsection (1).
For the purpose of ensuring compliance with the provisions of the Local Government Act 1993 relating to local government elections, the Electoral Commission may exercise any investigative or other functions the Electoral Commission has under the Election Funding, Expenditure and Disclosures Act 1981 for the purpose of ensuring compliance with that Act.
Accordingly, a reference in sections 110, 110A and 110B of the Election Funding, Expenditure and Disclosures Act 1981 to “this Act” is, in connection with the conduct of local government elections, taken to be a reference to the Local Government Act 1993 and the regulations under that Act.
This section extends to local government elections held before the commencement of this section.
In this section:
Persons may be employed in the Public Service to enable the Electoral Commission and the Electoral Commissioner to exercise their functions. The persons so employed are to be employed in a separate Public Service agency and may be referred to as members of staff of the Electoral Commission.
Any conditions of employment (within the meaning of the Industrial Relations Act 1996) determined by the Electoral Commissioner under the Government Sector Employment Act 2013 with respect to any such persons who are employed in casual employment in connection with an election have effect despite any State industrial instrument that applies to Public Service casual employees generally, unless the instrument expressly applies to those casual employees.
The Governor may appoint an Electoral Commissioner for New South Wales.
Subject to this Act, the Electoral Commissioner has the responsibility of administering this Act and any provisions of any other Act, so far as this Act and those provisions relate to the enrolment of electors, the preparation of rolls of electors, and the conduct of elections.
In addition to the functions conferred or imposed by this Act, the Electoral Commissioner has the functions conferred or imposed on the Commissioner by or under any other Act.
The Electoral Commissioner:
(a) holds office for a term of such period, not exceeding 10 years, as is specified in the instrument of appointment, and
(b) may be re-appointed for no more than one term of such period (commencing as from the end of the term referred to in paragraph (a)), not exceeding 10 years, as is specified in the instrument of re-appointment.
The office of Electoral Commissioner becomes vacant if the holder:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) is absent from duty for a period of 14 consecutive days except on leave granted by the Minister, or
(e) engages in any paid employment outside the duties of the office, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(i) is imprisoned in respect of a conviction for an offence punishable in New South Wales by imprisonment or for an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence so punishable, or
(j) becomes a person who is not eligible under subsection (4) to be appointed as the Electoral Commissioner, or
(k) is removed from office by the Governor under this section.
The Electoral Commissioner may be suspended from office by the Governor for misbehaviour or incompetence, but cannot be removed from office except in the following manner:
(a) The Minister is to cause to be laid before each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension.
(b) An Electoral Commissioner suspended under this subsection is restored to office by force of this Act unless each House of Parliament at the expiry of the period of 21 days from the day when the statement was laid before that House declares by resolution that the Electoral Commissioner ought to be removed from office.
(c) If each House of Parliament does so declare within the relevant period of 21 days, the Electoral Commissioner is to be removed from office by the Governor accordingly.
A person is not eligible for appointment as the Electoral Commissioner if the person is (or was at any time during the period of 5 years immediately preceding the proposed appointment) any of the following:
(a) a member or officer of a party,
(b) a member of any legislature (in Australia or in any other country) or a candidate for election as such a member,
(c) a councillor or mayor of a council, or the chairperson or a member of a county council, under the Local Government Act 1993 or a candidate for election to such an office,
(d) a party agent or official agent under the Election Funding, Expenditure and Disclosures Act 1981.
A person who is a member of a public authority constituted by an Act or of the governing body of any such public authority is also not eligible for appointment as the Electoral Commissioner.
A person who holds or has held office as Electoral Commissioner is not entitled to re-appointment, or further appointment, as Electoral Commissioner except as permitted by subsection (1) (b).
The office of Electoral Commissioner is a statutory office and the Government Sector Employment Act 2013 does not apply to that office.
The Electoral Commissioner is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975.
The Governor may by order fix the terms and conditions of appointment that are applicable to the Electoral Commissioner.
The Electoral Commissioner is not required to vote at any election of a member of the Assembly or any periodic Council election.
The Governor may appoint a person to act as Electoral Commissioner during a vacancy in the office of Electoral Commissioner. The person so appointed may act as Electoral Commissioner during such a vacancy, until a person is appointed to the office under section 21AA.
The Minister may appoint a person to act as Electoral Commissioner during the illness or absence of the Electoral Commissioner. The person so appointed may act as Electoral Commissioner during such an illness or absence.
The Electoral Commissioner may appoint a member of the staff of the Commission to act as Electoral Commissioner in the event of a future vacancy in the office of Electoral Commissioner or in the event of a future illness or absence of the Electoral Commissioner occurring during an election period. The person so appointed may, during an election period, act as Electoral Commissioner:
(a) during such a vacancy, until a person is appointed by the Governor as or to act as Electoral Commissioner under section 21AA or under subsection (1), or
(b) during such an illness or absence, until a person is appointed by the Minister to act as Electoral Commissioner under subsection (2).
A person, while acting as Electoral Commissioner under this section, has and may exercise the functions of the Electoral Commissioner and is taken to be the Electoral Commissioner.
A person who:
(a) is a member of a party, or
(b) has been a member of a party at any time during the period of 5 years immediately preceding the date of the proposed appointment,
cannot be appointed to act as Electoral Commissioner under this section.
The Electoral Commissioner must, as soon as practicable, advise the Minister of any appointment under subsection (3) or of the termination of any such appointment.
The appointment of a person under subsection (3) terminates if the person ceases to be a member of the staff of the Commission.
A person, while acting as Electoral Commissioner under this section, is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person while so acting.
Nothing in this section limits the application of section 47 of the Interpretation Act 1987 in relation to any appointment under this section.
No person is to be concerned to inquire whether or not occasion has arisen authorising a person to be appointed to act as Electoral Commissioner, or authorising such a person to act as Electoral Commissioner, under this section.
In this section:
The Electoral Commissioner may, by instrument in writing, appoint appropriate persons to be:
(a) returning officers, or
(b) polling place managers, or
(c) election assistants.
An election official is to be appointed for a specified district and for a specified term. The term may be specified by reference to a particular period of time or by reference to a particular Assembly general election (and the concurrent periodic Council election) or a particular by-election.
A person is not qualified for appointment as an election official unless:
(a) if the person resides in the State—the person is enrolled for a district, or
(b) in any other case—the person is enrolled in any other State or Territory of the Commonwealth as an elector for the House of Representatives.
A person is not ineligible for appointment as an election official for a district merely because the person is not enrolled as an elector on the roll for the district.
The Electoral Commissioner may appoint a person (whether or not already an election official) to act as a returning officer for a district during the illness or absence of the returning officer or during a vacancy in the office of returning officer for the district. The appointment need not be in writing, but is to be confirmed in writing as soon as is practicable afterwards.
The person may act as, and is taken to be, the returning officer during the illness or absence of the returning officer or during a vacancy in the office of the returning officer.
This section does not prevent the appointment of a person as a returning officer to fill a vacancy in that office.
The functions of a class of persons appointed under this Division are:
(a) the functions specified by or under this or any other Act in respect of that class of persons, and
(b) any other functions not inconsistent with this or any other Act as may be specified by the Electoral Commissioner by:
(i) the instrument of appointment of persons of that class, or
(ii) another instrument applicable to persons of that class or a particular person of that class.
A returning officer for a district is ineligible to vote at any election of a member of the Assembly for that district.
The Electoral Commissioner may appoint one or more persons who are electors to act as his or her assistants in the exercise of the Commissioner’s functions in relation to the conduct of periodic Council elections.
The Electoral Commissioner may, by instrument in writing, appoint appropriate persons to be:
(a) interstate or overseas pre-poll voting officers, or
(b) deputy interstate or overseas pre-poll voting officers,
at a pre-poll voting place outside New South Wales (whether overseas or in Australia) for the purposes of all elections.
A deputy interstate or overseas pre-poll voting officer may act as, and is taken to be, the interstate or overseas pre-poll voting officer during the illness or absence of the interstate or overseas pre-poll voting officer or during a vacancy in the office of the interstate or overseas pre-poll voting officer.
This section does not prevent the appointment of a person as an interstate or overseas pre-poll voting officer to fill a vacancy in that office.
An interstate or overseas pre-poll voting officer may appoint persons to act as his or her assistants in the exercise of the officer’s functions.
In this Division:
(a) an election official, or
(b) an interstate or overseas pre-poll voting officer or deputy interstate or overseas pre-poll voting officer, or
(c) an assistant to the Electoral Commissioner under section 21AI, or
(d) an assistant to an interstate or overseas pre-poll voting officer under section 21AK.
The Commission may delegate any of the Commission’s functions to:
(a) the Electoral Commissioner, or
(b) an appointed official, or
(c) a member of the staff of the Commission, or
(d) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory.
The Electoral Commissioner may delegate any of the Commissioner’s functions to:
(a) an appointed official, or
(b) a member of the staff of the Commission, or
(c) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory.
Without limiting subsection (2), the Electoral Commissioner may delegate to a returning officer the Commissioner’s functions relating to the appointment or termination of the appointment (or both) of polling place managers or election assistants (or both).
A delegation under this section may be to a particular person or the holder of a particular position or to a class of persons or holders of positions.
An appointed official is subject to the control and direction of the Electoral Commissioner in respect of his or her functions under or in connection with:
(a) this Act, or
(b) the Constitution Act 1902 so far as those functions relate to the conduct of elections (within the meaning of this Act) or referendums, or
(c) any other legislation so far as those functions relate to the conduct of elections (of any kind), polls or referendums under that or any other legislation.
An appointed official must, before he or she enters upon any of the duties assigned to him or her by or under this Act with regard to any election, make and sign before a justice of the peace, a school teacher or a prescribed person a declaration:
(a) in a form approved by the Electoral Commissioner, unless paragraph (b) applies, or
(b) in a form prescribed by the regulations.
The declaration must be transmitted to:
(a) the Electoral Commissioner, unless paragraph (b) applies, or
(b) a returning officer or polling place manager, as directed by the Electoral Commissioner.
Justices of the peace, school teachers and prescribed persons are authorised to receive any such declaration.
Part 4 of the Oaths Act 1900 applies to any such declaration as if it were made under that Act.
Appointed officials are entitled to be paid the remuneration and allowances (if any) determined by the Electoral Commissioner after consultation with the Public Service Commissioner.
An appointed official ceases to hold his or her appointment if:
(a) he or she dies, or
(b) his or her appointment was for a term and the term expires, or
(c) he or she resigns the appointment by instrument in writing addressed to the Electoral Commissioner, or
(d) the Electoral Commissioner terminates his or her appointment.
The Electoral Commissioner may terminate the appointment of an appointed official at any time, for any or no reason, without notice and without affording a hearing. This subsection does not limit section 47 of the Interpretation Act 1987 in its application to or in respect of holders of those appointments.
Notice of any appointment or termination of an appointment of a returning officer is to be published on the Commission’s internet website at a time determined by the Electoral Commissioner.
(Repealed)
A person is entitled to be enrolled for a district if:
(a) the person:
(i) has attained 18 years of age, and
(ii) is an Australian citizen, and
(b) the person lives at an address in that district and the person has lived at that address for at least one month before the enrolment.
A person, who is not entitled to be enrolled for any district under subsection (1), is entitled to be enrolled for a district if the person is enrolled under any of the following provisions of the Commonwealth Act for a Commonwealth subdivision which is included in that district:
(a) section 93 (1) (b) (ii)—being British subjects enrolled in relation to a Commonwealth division before 26 January 1984,
(b) section 94—enrolled voters leaving Australia,
(c) section 94A—voters enrolled outside Australia,
(d) section 95—spouse, de facto partner or child of eligible overseas elector,
(e) section 96—itinerant electors,
(f) section 100—age 16 enrolment.
A person who has attained 16 years of age is entitled to be enrolled for a district if the person would be entitled to enrol under subsection (1) had the person attained 18 years of age.
Subject to subsection (2), a person is not entitled to be enrolled:
(a) on more than one district roll, or
(b) in respect of any address other than the address at which the person is living at the date:
(i) that the person forwarded his or her claim for enrolment or transfer of enrolment, or
(ii) that the Electoral Commissioner enrolled the person.
Subject to this Act, an elector who is enrolled for a district is entitled to vote at any election for the Assembly for the district.
Section 22 of the Constitution Act 1902 provides that persons entitled to vote at a general election of Members of the Legislative Assembly, and only those persons, are entitled to vote at a periodic election for the Legislative Council.
Despite section 23, an elector is not entitled to vote at an election for a district if the elector:
(a) has been enrolled under section 22 (3), and
(b) has not attained 18 years of age on the date appointed for the taking of the poll for an election.
For the purposes of this Act in its application in relation to an election, a person who has not attained 18 years of age on the date appointed for the taking of the poll for that election is taken not to be:
(a) entitled to be enrolled on a roll, and
(b) enrolled on a roll.
A person is not entitled to vote more than once at any Assembly general election, by-election or periodic Council election, or at more than one election for the Assembly or Council held on the same day.
(Repealed)
A person shall not be entitled to have his or her name placed or retained on any roll if the person:
(a) is, because of being of unsound mind, incapable of understanding the nature and significance of enrolment and voting, or
(b) has been convicted of a crime or an offence, whether in New South Wales or elsewhere, and has been sentenced in respect of that crime or offence to imprisonment for 12 months or more and is in prison serving that sentence, or
(c) is the holder of a temporary entry permit or is a prohibited immigrant under the Migration Act 1958 of the Parliament of the Commonwealth, as amended and in force for the time being.
The Electoral Commissioner is to keep and maintain a roll for each district.
The roll for a district is:
(a) to be kept in a form determined by the Electoral Commissioner, and
(b) to include the surname, given name or names, date of birth, occupation (or other prescribed particulars) and sex of each elector, and
(c) to include the residence of the elector (except in relation to a silent elector, an eligible overseas elector or an itinerant elector), and
(d) to contain such other particulars as are prescribed.
In addition to any other function conferred by this Act on the Electoral Commissioner in relation to the keeping and maintenance of rolls, the Electoral Commissioner may alter any district roll by doing any of the following:
(a) correcting any mistake or omission in the particulars of the enrolment of an elector,
(b) altering the particulars of the elector on a district roll,
(c) removing the name of any deceased elector,
(d) removing the name of an elector who has been convicted and sentenced to a term of imprisonment of one year or longer and is in prison pursuant to that sentence,
(e) striking out the superfluous entry where the name of the same elector appears more than once on the same district roll,
(f) reinstating any name removed by mistake as the name of a deceased elector,
(g) reinstating any name removed as the result of an objection, where satisfied that the objection was based on a mistake as to fact and that the person whose enrolment was the subject of the objection is still entitled, and has continuously been entitled, to the enrolment in respect of which the objection was made,
(h) reinstating any other name removed by mistake or which has been accidentally omitted,
(i) altering any particulars of the enrolment of an elector necessitated:
(i) by the numbering or re-numbering or naming or re-naming of the elector’s place of residence, or
(ii) by the naming or re-naming of a street, public place or locality, or
(iii) for any other similar reason.
For the avoidance of doubt, the Electoral Commissioner may keep rolls in an electronic form.
Every person who:
(a) is not enrolled for any district, and
(b) is entitled to be enrolled on a roll for a district (other than under section 22 (2) or (3)),
must, within 21 days of becoming entitled to be enrolled, unless the person has been notified by the Electoral Commissioner that the person has been enrolled by the Electoral Commissioner:
(c) complete and sign a claim for enrolment in the approved form in accordance with the directions on the form, and
(d) forward the claim for enrolment to the Electoral Commissioner or to the Australian Electoral Commission.
Maximum penalty: 1 penalty unit.
In many circumstances, a person will be automatically enrolled by the Electoral Commissioner under section 29.
If an elector (including a silent elector) changes residence from one address to another address in New South Wales, the person must, within 21 days of becoming entitled to be enrolled on a roll for a district in respect of the person’s new residence, unless the person has been notified by the Electoral Commissioner that the elector’s enrolment has been updated:
(a) complete and sign a claim for a transfer of enrolment in the approved form in accordance with the directions on the form, and
(b) forward the claim for a transfer of enrolment to the Electoral Commissioner or to the Australian Electoral Commission.
Maximum penalty: 1 penalty unit.
In many circumstances, an elector’s enrolment will be automatically updated by the Electoral Commissioner under section 29.
Every person who is entitled to be enrolled on a district roll under section 22 (3) and is not enrolled on that roll may:
(a) complete and sign a claim for enrolment in the approved form in accordance with the directions on the form, and
(b) forward the claim for enrolment to the Electoral Commissioner or to the Australian Electoral Commission.
A claim for enrolment under subsection (1) or (3) or for a transfer of enrolment under subsection (2) must:
(a) unless paragraph (b) applies—be witnessed by an elector or a person entitled to be enrolled (who must sign the claim in the witness’s own hand writing), or
(b) be supported by the evidence of the claimant’s identity that is required by the regulations (if any).
If a person forwards a claim for enrolment, or a claim for a transfer of enrolment, to the Electoral Commissioner or the Australian Electoral Commission, proceedings are not to be commenced against that person for any alleged offence against this section committed before the person forwarded the claim.
If a person wishes to make a claim for enrolment, or a claim for transfer of enrolment, and a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim, another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the person.
A medical practitioner’s certificate referred to in subsection (6) is to be lodged with the claim to which it relates.
The regulations may:
(a) require a claim to be supported by evidence of the claimant’s identity for the purposes of subsection (4) (b), and
(b) impose additional requirements in relation to identification for enrolment, including requirements as to:
(i) the witnessing of a claim, or
(ii) the inclusion in a claim, or the attachment to a claim, of particulars or material regarding identification.
The Electoral Commissioner may enrol a person on a roll for a district:
(a) on the Electoral Commissioner’s own initiative under section 29, or
(b) in response to a claim for enrolment or a claim for a transfer of enrolment under section 30, or
(c) in response to a change to any roll kept under the Commonwealth Act under section 30A.
If the Electoral Commissioner, at any time, believes that a person who is not enrolled for any district is entitled to be enrolled for a district, the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that:
(a) the Electoral Commissioner believes that the person should be enrolled for that district, and
(b) the Electoral Commissioner will enrol the person for that district unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner’s belief is incorrect (and gives the reasons why that is so).
If no notification is made by the person under subsection (1) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is entitled to be enrolled for the district, the Electoral Commissioner is to:
(a) enrol the person for the district, and
(b) notify the person in writing (including by email, SMS text message or other electronic means) that he or she has been enrolled for that district.
If the Electoral Commissioner, at any time, believes that a person is incorrectly enrolled for a district (the
(a) the Electoral Commissioner believes that the person should not be enrolled for the first district, but should be enrolled for the second district, and
(b) the Electoral Commissioner will:
(i) remove the person’s name from the roll of the first district, and
(ii) enrol the person for the second district,
unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner’s belief is incorrect (and gives the reasons why that is so).
If no notification is made by the person under subsection (3) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is incorrectly enrolled for the first district, but is entitled to be enrolled for the second district, the Electoral Commissioner is to:
(a) remove the person’s name from the roll for the first district, and
(b) enrol the person for the second district, and
(c) notify the person in writing (including by email, SMS text message or other electronic means) of that transfer of enrolment.
If the Electoral Commissioner, at any time, believes that a person who is enrolled for a district is not entitled to be enrolled for that district, the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that:
(a) the Electoral Commissioner believes that the person should not be enrolled for that district, and
(b) the Electoral Commissioner will remove the person’s name from the roll for the district unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner’s belief is incorrect (and gives the reasons why that is so).
If no notification is made by the person under subsection (5) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is not entitled to be enrolled for the district, the Electoral Commissioner is to:
(a) remove the person’s name from the roll for the district, and
(b) notify the person in writing (including by email, SMS text message or other electronic means) that his or her name has been removed from the roll for that district.
The Electoral Commissioner may exercise the functions under subsections (1)–(6) on the Electoral Commissioner’s own initiative.
Without limiting subsections (1)–(6), the Electoral Commissioner may form a belief by:
(a) consulting electoral enrolment details on any roll kept under the Commonwealth Act, and
(b) consulting and using information collected under Division 6.
Note— The Electoral Commissioner may use information collected under Division 6, from bodies such as Roads and Maritime Services and the Registry of Births, Deaths and Marriages, to enrol persons or update their enrolment details.
Nothing in this section prevents the Electoral Commissioner enrolling a person for a district during the period of any election, including after the issue of the writ for the election.
If a person has been enrolled for a district by the Electoral Commissioner under this section and the person believes that the person is not entitled to be enrolled for that district or is enrolled in relation to an incorrect address, the person may object to the person’s own enrolment under section 32.
Alternatively, if the person is entitled to be enrolled for another district or in relation to another address, the person could simply complete and lodge a claim for enrolment or a claim for transfer of enrolment.
The Electoral Commissioner, on receiving a claim for enrolment, or a claim for transfer of enrolment, on a roll for a district, subject to subsection (4), must:
(a) if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled to be enrolled for the district:
(i) enrol the person for the district, and
(ii) notify the person in writing (including by email, SMS text message or other electronic means) that he or she has been enrolled for that district, and
(iii) in the case of a claim for a transfer of enrolment from the roll for another district—delete the name of the person from that other roll, and
(b) in a case where the person is already correctly enrolled for the district for which the person claimed enrolment—notify the person in writing (including by email, SMS text message or other electronic means) that, in the Electoral Commissioner’s opinion, the person’s existing enrolment is correct, and
(c) if the claim is not in order or the Electoral Commissioner is not satisfied that the person is entitled to be enrolled for that district—notify the person in writing that his or her claim has been rejected.
A notice of a decision given to a person by the Electoral Commissioner under subsection (1) (b) or (c) is to include:
(a) a statement of the reasons for the decision, and
(b) a statement advising the person that the person is entitled at any time within one calendar month after the issue of the notice to apply to the Local Court for an order directing that the person’s name be enrolled for the district.
Nothing in this section prevents the Electoral Commissioner enrolling a person for a district during the period of any election, including after the issue of the writ for the election.
The regulations may make provision for or with respect to the giving of notice by the Electoral Commissioner to an elector of his or her enrolment and the signing of that notice by the elector.
If, because of a change to any roll kept under the Commonwealth Act, the Electoral Commissioner forms the opinion that:
(a) a person who is not enrolled for any district is entitled to be enrolled for a district, the Electoral Commissioner may enrol the person for the district, or
(b) a person is incorrectly enrolled for a district (the
first district ), but that the person is entitled to be enrolled for another district (thesecond district ), the Electoral Commissioner may:(i) remove the person’s name from the roll for the first district, and
(ii) enrol the person for the second district, or
(c) a person who is enrolled for a district is not entitled to be enrolled for that district, the Electoral Commissioner may remove the person’s name from the roll for the district.
Nothing in this section prevents the Electoral Commissioner enrolling a person for a district during the period of any election, including after the issue of the writ for the election.
A person may lodge a request in the approved form that the person’s residential address not be shown on any roll if the person considers that having that address on a roll places or would place the personal safety of the person or of members of the person’s family at risk.
A request must:
(a) give particulars of the relevant risk, and
(b) be verified by statutory declaration by the person making the request.
If the Electoral Commissioner is satisfied that having the residential address of the person making the request shown on a roll would place or places the personal safety of the person or of members of the person’s family at risk, the Electoral Commissioner must ensure that the address of the person is not entered on any roll.
The Electoral Commissioner must notify the person in writing (including by email, SMS text message or other electronic means if the person has requested or consented to notification by that method) of a decision to grant or refuse a request made by a person under subsection (1).
If a person’s address has been excluded or omitted from a roll kept under the Commonwealth Act by operation of section 104 of that Act:
(a) the Electoral Commissioner must ensure that the address of the person is not entered on any roll kept under this Act, and
(b) the person is taken to be a silent elector under this Act.
An elector may object to the enrolment of a person (including the elector’s own enrolment) on the ground that:
(a) the person is not entitled to be enrolled, or
(b) except in relation to a person who is entitled to enrol under section 22 (2) (b), (c), (d) or (e)—the address for which a person is enrolled is not the person’s real place of living.
An elector’s objection under subsection (1) must:
(a) be in writing and in the approved form, and
(b) be signed by the elector, and
(c) set out the ground for the objection, and
(d) be lodged with the Electoral Commissioner.
An objection on the ground that the address for which a person is enrolled is not the person’s real place of living is not a sufficient ground of objection unless the objection alleges that the person objected to does not live at the address and has not lived at the address for at least one month immediately before the date of the objection.
If an objection is made under this Division, the Electoral Commissioner must notify the person whose enrolment is the subject of the objection (unless that person is the objector).
Notice under subsection (1):
(a) must be in the approved form, and
(b) may be given to the person by:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person for the giving of notices or, if no such address is specified, the residential or business address of the person last known to the Electoral Commissioner, or
(iii) sending it by facsimile transmission to the facsimile number of the person or by email to the email address of the person.
If the Electoral Commissioner is satisfied that an objection is frivolous or vexatious, the Electoral Commissioner may dismiss the objection without giving notice of objection under subsection (1) to the person whose enrolment is the subject of the objection.
The person whose enrolment is the subject of the objection may (unless that person is the objector), orally or in writing, in the prescribed manner, answer the objection.
The Electoral Commissioner must determine the objection:
(a) if notice is required to be given to the person whose enrolment is the subject of the objection:
(i) as soon as practicable after:
(A) receiving the answer of the person whose enrolment is the subject of the objection (if any), and
(B) making any further enquiries that appear necessary to the Electoral Commissioner in relation to matters contained in the answer, or
(ii) if no answer is received within a period of 21 days after the giving of the notice, then immediately after the expiration of that period, or
(b) if no such notice is required to be given, as soon as practicable after making any further enquiries that appear necessary to the Electoral Commissioner.
If it appears to the Electoral Commissioner that the person whose enrolment is the subject of the objection is not entitled to be enrolled or is not entitled to be enrolled at the address in respect of which the objection has been made, the Electoral Commissioner must remove the person’s name from the roll.
The Electoral Commissioner must notify the objector and the person whose enrolment is the subject of the objection of the Electoral Commissioner’s determination.
Notice under subsection (3) may be posted to the person or persons concerned.
A person:
(a) who has forwarded a claim for enrolment, or a claim for transfer of enrolment, to the Electoral Commissioner and has not been enrolled in accordance with that claim, or
(b) whose name has been removed from a roll after an objection,
may apply to the Local Court for an order directing that the person be enrolled or reinstated on the roll, as the case requires.
If an objection has been rejected by the Electoral Commissioner, the person who made the objection may apply to the Local Court for an order sustaining the objection.
An application must be made within one calendar month after the issue of:
(a) in relation to an application under subsection (1) (a)—the notice of the rejection of the claim, or
(b) in relation to an application under subsection (1) (b) or (2)—the notice of the determination of the objection,
as the case requires.
In relation to an application under subsection (1) (b), the person whose name has been removed from a roll must serve the objector with notice of the application, and the objector so served may appear or may in writing authorise another person to appear on his or her behalf in the determination of the application.
The regulations may make provision for or with respect to applications under this section.
The Local Court may hear and determine any application under this Division, and may make such order as it thinks fit as to costs, and any such costs may be recovered in the same manner as costs awarded in any other proceedings in the Local Court.
The relevant registrar of the Local Court is to send by post to the Electoral Commissioner a certified copy of the order of the Local Court, and the Electoral Commissioner is to correct the roll (if required) to give effect to the order.
The Electoral Commissioner may determine the manner and form in which information is to be provided under this Division.
Without limiting subsection (1), the Electoral Commissioner may determine that the information is to be provided electronically or in electronic form.
If the Electoral Commissioner:
(a) makes a copy of a roll available for public inspection in a particular form, or
(b) gives a copy of a roll to a person in a particular form,
the copy is, subject to section 39 (3), to be a copy of the most up-to-date version of the roll that is available in that form.
Information provided under this Division must not contain:
(a) particulars of a silent elector’s residence, or
(b) any prescribed particulars relating to an elector.
Section 31 provides for the exclusion of the address of an elector from the roll in certain circumstances.
A reference in this section to information being provided includes a reference to:
(a) a copy of a roll being made available for public inspection, and
(b) a copy of a roll or list of electors being given to a person.
A copy of a roll for a district is to be available, at any time during ordinary office hours, for public inspection without fee at:
(a) the office of the Commission, and
(b) such other place or places as the Electoral Commissioner determines.
The Electoral Commissioner may make a copy of a roll available for public inspection without fee in any other way that the Commissioner considers appropriate.
The copy of a roll for a district to be available under this section is to be the copy of the roll as in force as at the time of the last Assembly general election or the last by-election for the district, whichever is the later.
A person inspecting a copy of a roll under this section is not entitled to use a device (such as a photocopier, camera, telephone, mobile phone, voice recorder or video recorder) to copy, record or transmit the contents of the roll or any part of the roll, but this subsection does not prevent a person taking hand-written notes of any of those contents.
A copy of a roll available under this section must not contain any particulars relating to a person’s occupation.
The Electoral Commissioner must provide to each registered party, free of charge, a list specifying electors and their particulars:
(a) once each 4 years, and
(b) as soon as practicable after the redistribution of the State into districts, and
(c) on receiving a request from the registered officer of the party.
The Electoral Commissioner must provide to each member of the Council, free of charge, a list specifying electors and their particulars:
(a) once each 4 years, and
(b) as soon as practicable after the redistribution of the State into districts, and
(c) on receiving a request from the member but not more than once each year.
The Electoral Commissioner must provide to each member of the Assembly, free of charge, a list specifying electors and their particulars for the district for which the member was elected:
(a) once each 4 years, and
(b) on receiving a request from the member but not more than once each year.
On a redistribution of the State into districts, the Electoral Commissioner must provide to each member of the Assembly, free of charge:
(a) a list specifying electors for the district for which the member was elected, and
(b) a list specifying electors for the district whose name and area are published under section 15 and that, in the opinion of the Commissioner, most resemble the district for which the member was elected,
and their particulars:
(c) as soon as practicable after the redistribution, and
(d) on receiving a request from the member but not more than once each year.
At the request of a member of the Assembly but not more than 6 times each year, the Electoral Commissioner must provide to the member, free of charge:
(a) a list specifying electors whose addresses for which they are enrolled were in the district represented by the member immediately before a list was last provided under this subsection but are no longer in that district, and
(b) a list specifying electors whose addresses for which they are enrolled were not in the district represented by the member immediately before a list was last provided under this subsection but are now in that district,
and their particulars.
At the request of any candidate for a periodic Council election, the Electoral Commissioner must provide to the candidate, free of charge, a list of electors and their particulars in a form determined by the Commissioner.
At the request of any candidate for an Assembly general election or by-election, the Electoral Commissioner must provide to the candidate, free of charge, a list of electors for the district for which the candidate is seeking election and their particulars in a form determined by the Commissioner.
After receiving a request from any person not referred to in section 40 for a list of electors and their particulars, the Electoral Commissioner must:
(a) identify the public interest in providing the requested information, and
(b) make a finding whether or not the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information in the particular circumstances.
Subject to subsection (3), if the Electoral Commissioner has made a finding under subsection (1) that the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information, the Commissioner may:
(a) provide to the person a list specifying electors and their particulars, and
(b) charge a fee that covers the cost to the Commissioner of providing the list.
The Electoral Commissioner must obtain from the person to be provided with information under this section an undertaking that the person will:
(a) only use the information for the purpose for which the Commissioner agreed to provide the information, and
(b) not copy the information or give it to any other person, and
(c) return the information to the Commissioner or destroy the information after using it for the purpose for which the Commissioner agreed to provide the information.
If the Electoral Commissioner provides enrolment information under this section:
(a) to a person who conducts medical research, or
(b) to a person who provides a health screening program,
the Commissioner may include in the enrolment information the age ranges and sex of electors in a form determined by the Commissioner.
The Electoral Commissioner must make available for public inspection, free of charge, at the office of the Commission, any finding made under subsection (1) and the reasons for that finding.
A summary of any findings made under subsection (1) and the reasons for each of them during a year must be included in the annual report of the Commission relating to that year.
A registered party or other person must not use enrolment information that is provided by the Electoral Commissioner under section 40 or 41 except for a purpose that is a permitted purpose in relation to the party or person to whom the information was provided.
Maximum penalty: 1,000 penalty units.
The permitted purposes in relation to a registered party or a candidate are:
(a) any purpose in connection with an election, and
(b) monitoring the accuracy of information contained on a roll, and
(c) any purpose prescribed by the regulations.
The permitted purposes in relation to a member of the Council are:
(a) any purpose in connection with an election, and
(b) monitoring the accuracy of information contained on a roll, and
(c) exercising the functions of a member in relation to an elector.
The permitted purposes in relation to a member of the Assembly are:
(a) any purpose in connection with an election, and
(b) monitoring the accuracy of information contained on a roll, and
(c) exercising the functions of a member in relation to the member’s constituents.
The permitted purpose in relation to a person (other than a registered party, a candidate or a member of the Assembly or the Council) is the purpose for which the Electoral Commissioner agreed to provide the information.
(c) to declare that there is a vacancy in the Legislative Assembly.
After the hearing and determination of any reference under this Division the Prothonotary shall forthwith forward to the Clerk of the Legislative Assembly a copy of the order or declaration of the Court of Disputed Returns.
The provisions of sections 166, 169, 171, 172, 174, 175, and 175A, shall apply so far as applicable to proceedings on a reference to the Court of Disputed Returns under this Division.
The provisions of Division 2 apply to the reference of any question (other than a matter referred to in section 175I) respecting:
(a) the qualification of a member of the Legislative Council or respecting a vacancy in the Legislative Council, or
(b) the eligibility of a person, as referred to in section 22C (2) of the Constitution Act 1902 or in clause 4 (5) of Schedule 4 to the Constitution and Parliamentary Electorates and Elections (Amendment) Act 1978,
to the Court of Disputed Returns in the same way as they apply to the reference of any question respecting the qualification of a member of the Legislative Assembly or respecting a vacancy in the Legislative Assembly to the Court of Disputed Returns.
For the purposes of subsection (1):
(a) a reference in Division 2 to the Speaker shall:
(i) in relation to a question referred to in subsection (1) (a), be construed as a reference to the President, and
(ii) in relation to a question referred to in subsection (1) (b), be construed as a reference to the Minister,
(b) a reference in Division 2 to the Legislative Assembly shall be construed as a reference to the Legislative Council,
(c) a reference in Division 2 to the Clerk of the Legislative Assembly shall be construed as a reference to the Clerk of the Legislative Council,
(d) a reference in Division 2 to Division 2 shall be construed as a reference to Division 2 as applied by subsection (1), and
(e) section 161 (1) (vi) and (vii) shall be deemed to be omitted.
This Division applies only to and in respect of an election referred to in section 22C or 22D of the Constitution Act 1902 or in clause 4 or 5 of Schedule 4 to the Constitution and Parliamentary Electorates and Elections (Amendment) Act 1978.
The provisions of sections 155, 156, 157, 158, 159, 161, 166, 167, 169, 171, 172, 173, 174, 175, 175A and 175AA apply to and in respect of an election to which this Division applies in the same way as they apply to and in respect of an election to which Division 1 applies but subject to the following modifications:
(a) section 157 (c) shall be deemed to be amended by inserting after the word “thereat” the words “or by any person whose name is on a roll”,
(b) section 161 (1) (vi) and (vii) shall be deemed to be omitted,
(c) section 167 shall be deemed to be omitted and the following section inserted in its stead:
167 No election shall be voided on account of any failure to comply with any provision of any Act relating to the conduct of the election if the failure did not affect the result of the election.
(d) section 175 shall be deemed to be omitted and the following section inserted in its stead:
175 If any person returned is declared not to be duly elected, he or she shall cease to be a member of the Legislative Council.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(Repealed)
The Governor may, in such regulations, provide for any proceeding, matter, or thing for which express provision has not been herein made in order to give due effect to the intent and meaning of the provisions of this Act.
Where any alteration of a form in the Schedules is found necessary, or where it is found that the time allowed to do any act is clearly insufficient, and an alteration or extension of such time and any alteration of dates consequent thereon is shown to be necessary, the Governor may, by regulation or notification in the Gazette, declare that such alteration shall be made, and thereupon the same shall be made and take effect accordingly.
A provision of a regulation may:
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
A provision of a regulation may (without limiting any power conferred by this section or the Interpretation Act 1987) adopt a form approved under the Commonwealth Electoral Act 1918 of the Commonwealth for the purposes of a provision of that Act as the prescribed form for the purposes of a corresponding provision of this Act.
A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.
Any provision of this Act that provides for the destruction of ballot papers or other documents has effect despite section 21 of the State Records Act 1998.
Any person who, at any public meeting to which this section applies, acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is held shall be guilty of an offence against this Act.
This section applies to any lawful public political meeting held in relation to any election between the date of the issue of the writ for the election and the date of the return of the writ.
Maximum penalty: 5 penalty units.
Every electoral paper which by this Act or any regulations made thereunder has to be signed by any person shall be signed by that person with his or her personal signature.
Where a person who is unable to sign his or her name in writing makes his or her mark as his or her signature to an electoral paper, the mark shall be deemed to be his or her personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the electoral paper as such witness.
Nothing in this section shall authorise any person to sign any electoral paper by a mark or otherwise than in his or her own handwriting in cases where this Act or the regulations require him or her to sign the electoral paper in his or her own handwriting.
A person shall not make the signature of any other person on an electoral paper.
Any person who contravenes any of the provisions of this section shall be liable to a penalty not exceeding 10 penalty units.
Nothing in this section shall affect the liability of any person to be proceeded against for forgery, but so that he or she shall not be liable to be punished more than once in respect of the same offence.
Any person who knowingly makes any untrue statement in any electoral paper, or in any information supplied to any officer for the purposes of the preparation, maintenance, or revision of rolls, shall be liable to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.
Nothing in this section shall affect the liability of any person to be proceeded against in respect of any other offence, whether against this Act or otherwise, but so that he or she shall not be liable to be punished more than once in respect of the same offence.
Any person who:
(a) signs his or her name as witness on any blank electoral paper, or
(b) signs his or her name as witness on any electoral paper which has been wholly or partly filled up unless it has been signed by the person intended to sign it, or
(c) signs his or her name as witness on any electoral paper unless he or she has seen the person whose signature he or she purports to witness, sign it, or
(d) writes on any electoral paper as his or her own name:
(i) the name of another person, or
(ii) any name not being his or her own name,
shall be liable to a penalty not exceeding 10 penalty units.
Any person who:
(a) forges any electoral paper, or
(b) utters any forged electoral paper, knowing it to be forged,
shall be guilty of an offence and shall be liable to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.
Every person who knowingly places, or is privy to the placing, in a ballot box any ballot paper which has not been lawfully issued to an elector, and been marked, filled up, or otherwise dealt with by him or her as by this Act required, and any elector who places in the ballot box any paper other than the ballot paper issued to him or her for that purpose, shall be guilty of an offence, and be liable to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.
If any person, being at the time a police officer takes any part in any election (except by recording his or her vote) or seeks to influence in any manner any elector in giving his or her vote for any candidate or candidates, such person shall incur a penalty not exceeding 5 penalty units.
This section does not apply (and is taken never to have applied) so as to prevent a police officer from being a candidate for election to the Legislative Assembly or Legislative Council or from doing anything done by a police officer as such a candidate.
The Governor may, from time to time by warrant under his or her hand addressed to the Treasurer, authorise and direct that all such moneys as are from time to time required for paying any expenses lawfully incurred under and in the execution of the provisions of this Act be paid out of the Consolidated Fund, and the same shall be so paid accordingly.
(Repealed)
If any officer or person, or any police officer, is guilty of any wilful misfeasance, or wilful or grossly negligent act of commission or omission in contravention of the provisions of this Act, he or she shall be liable to a penalty not exceeding 3 penalty units, or, at the discretion of the court, to be imprisoned for any period not exceeding three months.
(Repealed)
Proceedings for an offence against this Act or the regulations may be dealt with:
(a) summarily before the Local Court, or
(b) summarily before the Supreme Court in its summary jurisdiction.
If proceedings for an offence against this Act or the regulations that is punishable by a monetary penalty are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is the lesser of:
(a) the maximum monetary penalty provided in respect of the offence apart from this subsection, or
(b) 200 penalty units.
Proceedings for an offence against this Act or the regulations may be instituted by the Electoral Commissioner or any other person.
Subsection (1) does not apply to proceedings for an offence that is declared by this Act to be an indictable offence.
No person shall be liable to any penalty, forfeiture, or punishment imposed under this Act, unless the prosecution for the offence committed is commenced against such person within the space of twelve months next after such offence has been committed. Any proceedings for or in respect of any offence under this Act may be taken by any police officer, or by any person whomsoever, save where by this Act in any particular case some other person is charged with the duty of taking such proceedings.
For the purpose of enforcing compliance with this Act, the Electoral Commission may exercise any investigative or other functions the Electoral Commission has under the Election Funding, Expenditure and Disclosures Act 1981 for the purpose of enforcing compliance with that Act.
Accordingly, a reference in sections 110, 110A and 110B of that Act to “this Act” is taken to be a reference to this Act.
All moneys received by any officer under the provisions of this Act shall be paid to the Treasurer, and shall be deemed to be received on account of the Consolidated Fund.
Whenever any day or date provided or appointed by or under this Act for any purpose falls on a Sunday, or Good Friday, or Christmas Day, then such provision and appointment shall take effect as for the day following; and all further changes of time rendered necessary by any such alteration may lawfully be made.
Schedule 22 has effect.
The Electoral Commissioner is:
(a) to conduct an investigation into the feasibility of providing internet voting for vision-impaired and other disabled persons for elections under this Act, and
(b) if such internet voting is feasible, to propose a detailed model of such internet voting for adoption.
The investigation is to be undertaken as soon as possible after the commencement of this section.
A report on the investigation, and any proposed model of internet voting for vision-impaired and other disabled persons, is to be given to the Minister within 3 months after the commencement of this section.
The Minister is, as soon as practicable, to table, or cause to be tabled, a copy of the report in each House of Parliament.
The Electoral Commissioner is not required under this Act or any other law to provide any special or alternative form of voting for vision-impaired or other disabled persons, other than that already provided for under this Act. In particular, the Electoral Commissioner is not required under this Act or any other law to provide a form of voting to vision-impaired or other disabled persons that enables such persons to vote without the assistance of another person.
(Repealed)
Number of Act | Title of Act | Extent of repeal |
No 73, 1900 | Federal Elections Act 1900 | The whole |
No 33, 1902 | Parliamentary Electorates and Elections Act 1902 | The whole |
No 54, 1902 | Women’s Franchise Act 1902 | The whole |
No 1, 1903 | Parliamentary Elections (Amendment) Act 1902 | Repealed by No 41, 1906, sec 3 |
No 13, 1903 | Reduction of Members Referendum Act 1903 | The whole |
No 1, 1904 | Electorates Redistribution Act 1904 | The whole |
No 41, 1906 | Parliamentary Elections Act 1906 | The whole |
No 18, 1910 | Parliamentary Elections (Second Ballot) Act 1910 | The whole |
No 9, 1911 | Parliamentary Elections (Amendment) Act 1911 | The whole |
(Repealed)
(Sections 82, 114D, 114Q, 114ZR and 115)
Issuing officer’s initials □
Write the number
*You can show more choices, if you want to, by writing numbers in the other squares, starting with the number
Fold this ballot paper so your vote cannot be seen and place it in the ballot box (or in the envelope provided).
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*These words may be excluded where there are only 2 candidates.
**Insert after the name of each candidate, if appropriate, the name of a registered party or the word “Independent”.
(Repealed)
(Section 27)
The Electoral Commissioner, if satisfied that a person has failed to comply with the requirements of section 27, must notify the person in the prescribed form of the failure, and inform the person that he or she may reply by statutory declaration, setting out any facts relevant to the matter, and that he or she has the option of having the matter dealt with either by the Electoral Commissioner or by the Local Court.
The Electoral Commissioner:
(a) is to consider all the facts (including the statements contained in any statutory declaration submitted by the person), and
(b) may make such further inquiry as he or she deems necessary, and
(c) if satisfied that the person concerned is in default or has contravened the provisions of section 27, may make an order imposing on that person a penalty not exceeding $55 for a first offence, and not exceeding $55 for any subsequent offence, setting the time allowed for payment.
Any penalty so imposed by the Electoral Commissioner is a debt due to the Crown.
The Electoral Commissioner is to notify the person in the prescribed form that a penalty has been imposed.
Any order made by the Electoral Commissioner imposing a penalty may be filed in the Local Court, and the order then has effect and is enforceable as if it were an order of that Court.
If a person to whom notice pursuant to clause 1 has been sent fails, within the time allowed, to reply, or does not within that time consent to the matter being dealt with by the Electoral Commissioner, the Electoral Commissioner, if satisfied that the person has contravened section 27, is to cause proceedings to be instituted against the person in the Local Court.
If, in any case in which proceedings are instituted in the Local Court, the Electoral Commissioner has received from the person concerned a statutory declaration under clause 1 the Electoral Commissioner, as far as it is practicable and necessary to do so, is to inquire into the truth of the statements set out in the declaration, and must, unless the prosecution is withdrawn, cause the declaration to be brought to the notice of the Local Court.
The Local Court shall at the hearing of the case consider the statutory declaration (whether the defendant is present or not) as if the matter set out in the declaration had been given in evidence before it.
In any prosecution in respect of any contravention of section 27 the prosecuting officer may lodge with the Local Court a statutory declaration in support of the charge.
If such a statutory declaration has been lodged:
(a) it is not necessary for the prosecuting officer to attend at the hearing, and
(b) the Local Court is to proceed with the hearing and determination of the case in the prosecuting officer’s absence, and
(c) the Local Court is to consider the statutory declaration as if the matter set out in the declaration had been given in evidence before it.
For the purposes of clauses 8 and 9, any document purporting to be a statutory declaration is to be accepted as such by the Local Court without proof of the signatures on the document or proof of the authority of the person before whom the document purports to have been made to take statutory declarations.
(Repealed)
(Section 21B (3))
In this Schedule:
A person is not eligible for appointment as an appointed member if the person is (or was at any time during the period of 5 years immediately preceding the proposed appointment) any of the following:
(a) a member or officer of a party,
(b) a member of any legislature (in Australia or in any other country) or a candidate for election as such a member,
(c) a councillor or mayor of a council, or the chairperson or a member of a county council, under the Local Government Act 1993 or a candidate for election to such an office,
(d) a party agent or official agent under the Election Funding, Expenditure and Disclosures Act 1981.
A person who is a member of a public authority constituted by an Act or of the governing body of any such public authority is also not eligible for appointment as an appointed member.
Subject to this Schedule, an appointed member holds office for such period (not exceeding 7 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
Appointed members hold office as part-time members.
The Governor may, from time to time, appoint a person to be the deputy of an appointed member, and may revoke any such appointment.
The deputy of an appointed member must be a person who is eligible for appointment as the appointed member.
In the absence of an appointed member, the appointed member’s deputy may, if available, act in the place of the appointed member.
While acting in the place of an appointed member, a person has all the functions of the member and is taken to be a member.
For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the appointed member.
An appointed member or deputy is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member or deputy.
The office of an appointed member or deputy becomes vacant if the member or deputy:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Governor, or
(d) is removed from office by the Governor under clause 8 (in relation to an appointed member) or clause 5 (in relation to a deputy), or
(e) in the case of an appointed member, is absent from 3 consecutive meetings of the Electoral Commission of which reasonable notice has been given to the member personally or by post, except on leave granted by the Governor or unless the deputy of the member was present at any or all of those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(i) is imprisoned in respect of a conviction for an offence punishable in New South Wales by imprisonment or for an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence so punishable, or
(j) becomes a person who is not eligible under clause 2 to be appointed as the appointed member or deputy.
Section 47 (1) (b) of the Interpretation Act 1987 does not apply to, or to the office of, an appointed member.
An appointed member may be suspended from office by the Governor for misbehaviour or incompetence, but cannot be removed from office except in the following manner:
(a) The Minister is to cause to be laid before each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension.
(b) An appointed member suspended under this clause is restored to office by force of this Act unless each House of Parliament at the expiry of the period of 21 days from the day when the statement was laid before that House declares by resolution that the appointed member ought to be removed from office.
(c) If each House of Parliament does so declare within the relevant period of 21 days, the appointed member is to be removed from office by the Governor accordingly.
If the office of any appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
If:
(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Electoral Commission, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Electoral Commission.
A disclosure by a member at a meeting of the Electoral Commission that the member:
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
Particulars of any disclosure made under this clause must be recorded by the Electoral Commission in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Electoral Commission.
After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Electoral Commission otherwise determines:
(a) be present during any deliberation of the Electoral Commission with respect to the matter, or
(b) take part in any decision of the Electoral Commission with respect to the matter.
For the purposes of the making of a determination by the Electoral Commission under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the Electoral Commission for the purpose of making the determination, or
(b) take part in the making by the Electoral Commission of the determination.
A contravention of this clause does not invalidate any decision of the Electoral Commission.
The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an appointed member.
If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of an appointed member or from accepting and retaining any remuneration payable to the person under this Act as a member.
A matter or thing done or omitted to be done by the Electoral Commission, a member of the Electoral Commission or a person acting under the direction of the Electoral Commission does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
The procedure for the calling of meetings of the Electoral Commission and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Electoral Commission.
The quorum for a meeting of the Electoral Commission is 2 members (one of whom is the Chairperson of the Commission or the deputy of the Chairperson).
The Chairperson (or, in the absence of the Chairperson, the deputy of the Chairperson) is to preside at a meeting of the Electoral Commission.
The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Electoral Commission at which a quorum is present is the decision of the Electoral Commission.
The Electoral Commission may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Electoral Commission for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Electoral Commission made at a meeting of the Electoral Commission.
The Electoral Commission may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the Electoral Commission.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Electoral Commission.
Papers may be circulated among the members for the purposes of subclause (1) by electronic means.
(Section 186A)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts or provisions of Acts:
• Parliamentary Electorates and Elections Amendment Act 2006
• Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009
• Parliamentary Electorates and Elections Further Amendment Act 2010
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part:
A reference in any Act or statutory instrument, or in any document of any kind, to the State Electoral Office is taken to be or to include a reference to the New South Wales Electoral Commission.
A reference in any Act or statutory instrument, or in any other document of any kind, to an officer or employee (however expressed) of the State Electoral Office is taken to be a reference to a person who is a member of the staff of the Commission.
The person holding office as Electoral Commissioner immediately before the date of commencement of section 21AA as inserted by the amending Act is taken to have been appointed as Electoral Commissioner under that section for a term of 10 years commencing on that date.
The person’s previous appointment to that office is taken to have terminated on the person’s appointment under subclause (1).
The person is eligible for re-appointment under section 21AB as if the person’s appointment under subclause (1) were his or her first appointment. This subclause has effect despite anything to the contrary in section 21AB, including section 21AB (5).
The appointment of a person as a returning officer that is in force immediately before the repeal of section 75 by the amending Act is terminated by force of this clause.
A person whose appointment is terminated under this clause is eligible to be appointed to any position under this Act as amended by the amending Act.
Section 14A of this Act and section 9C of the Surveying Act 2002 as respectively inserted by the amending Act apply in relation to determinations of boundaries of electoral districts occurring after the date of assent to the amending Act.
The Surveyor-General may, at his or her discretion, include in the register of public surveys such details or maps relating to electoral districts whose boundaries were determined before the date of assent to the amending Act as he or she thinks fit.
In the case of an elector who is enrolled immediately before the insertion of references to date of birth in this Act by the amending Act:
(a) the elector’s enrolment is valid despite the absence of particulars of the elector’s date of birth, and
(b) the roll or supplementary roll may be altered to include particulars of the elector’s date of birth if they are provided by the elector.
Nothing in this clause affects the duty of a person to include particulars of the person’s date of birth when making a claim for enrolment, provisional enrolment or transfer of enrolment or otherwise as required by or under this Act.
If:
(a) the Electoral Commissioner is satisfied that the processes involved in the conduct of a particular election or poll under another Act or statutory rule amended by Schedule 19 to the amending Act had commenced but not concluded at the commencement of the amendment, and
(b) the Electoral Commissioner (or a person appointed by the Electoral Commissioner) had before that commencement been authorised or appointed to conduct the election or poll,
the Electoral Commissioner may by order in writing make a declaration to that effect. The order is to be published in the Gazette as soon as practicable after it is made.
An election or poll that is the subject of an order so made is to be conducted as if the Act or statutory rule had not been amended.
A reference in this clause to the conduct of an election or poll includes a reference to the exercise of functions as returning officer for the election or poll.
A person who was enrolled for a subdivision of a district immediately before the commencement of Schedule 1 [7] to the Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009 is taken, on the commencement of that item, to be enrolled for that district.
The Electoral Commissioner may request that the Australian Electoral Officer for New South Wales certify, sign and transmit to the Electoral Commissioner a printed copy of the roll for each Commonwealth subdivision in a district as in force on a specified date.
A copy of the roll so transmitted to the Electoral Commissioner may be used by the Electoral Commissioner to compile a roll for the electoral district which includes the Commonwealth subdivision.
The regulations may make provision for or with respect to the supply and certification of a composite roll for a district made up of all rolls for Commonwealth subdivisions within that district.
A copy of a roll referred to in this clause must not contain any particulars relating to a person’s occupation.
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