Commonwealth Electoral Act 1918
No. 27, 1918
Compilation No. 81
Compilation date: 1 July 2026
Includes amendments: Act No. 16, 2025
This compilation is in 2 volumes
Volume 1: | Parts I to XIX sections 1 to 286 |
Volume 2: | Parts XX to XXIII sections 286A to 396 Schedules Endnotes |
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Commonwealth Electoral Act 1918 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Repeal
4 Interpretation
4AA Meaning of electoral matter
4A Extraterritorial operation of Act
4B Act to bind Crown
4C Registered officer of political party
4D Application of the Criminal Code
Part II—Administration
Division 1—Preliminary
5 Interpretation
5A Application of Part in relation to Northern Territory
Division 2—The Australian Electoral Commission
6 Establishment of Commission
7 Functions and Powers of Commission
7A Supply of goods and services
7B Fees for goods and services
8 Tenure and terms of office
9 Leave of absence
10 Resignation
11 Disclosure of interests
12 Termination of appointment
13 Acting Chairperson
14 Acting non‑judicial appointee
14A Remuneration
15 Meetings of Commission
16 Delegation by Commission
17 Reports by the Commission
17A Certain particulars not to be included in reports
Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States
18 Electoral Commissioner
19 Deputy Electoral Commissioner
20 Australian Electoral…
Overview
The Commonwealth Electoral Act 1918 was enacted to consolidate and amend the law relating to parliamentary elections in Australia, thereby addressing the need for a coherent and updated legal framework governing the conduct of federal elections. This Act was passed by the Australian Parliament to ensure the administration of elections is carried out efficiently and fairly, thereby upholding democratic principles and processes. The Act establishes the Australian Electoral Commission, delineates the functions and powers of the Commission, and provides comprehensive guidelines for the electoral process, including the distribution of electoral divisions, the qualifications and disqualifications for voters and candidates, and the procedures for nomination, voting, and the scrutiny of votes. The overarching policy objective of the Act is to facilitate the orderly and transparent election of members to the Parliament of Australia, ensuring the electoral process reflects the will of the electorate.
Scope and Application
The Commonwealth Electoral Act 1918 consolidates and amends the law relating to parliamentary elections in Australia. It applies to the entire Commonwealth, including states, territories, and external territories, and extends to officers outside Australia. The Act governs the conduct of federal elections, including the administration of the electoral process, the conduct of electoral officers, the qualifications and disqualifications of electors, the process for nominations, the conduct of polling, the scrutiny of votes, and the return of writs. It sets out the rules for the administration of the electoral rolls, the registration of political parties, and the conduct of postal and pre-poll voting. The Act also contains provisions for the review of decisions and the resolution of disputes. Certain conduct, such as the giving of electoral matter, is excluded from the operation of the Act unless it is done for the dominant purpose of influencing the outcome of an election. The Act is supplemented by regulations and other subordinate instruments that provide further detail and specify certain procedural requirements and thresholds. Notably, the Act does not apply to Antarctic electors, eligible overseas electors, or itinerant electors. Decisions made under the Act are generally final and conclusive, with limited avenues for review. The Act binds the Crown but does not render it liable to prosecution for offences under the Act.
Key Provisions
- The Commonwealth Electoral Act 1918 (the Act) outlines key provisions for the administration of federal elections in Australia. The Act establishes the Australian Electoral Commission (AEC), which is responsible for the preparation and maintenance of electoral rolls, the conduct of elections, and the scrutiny of votes. Under section 6, the AEC is to be established and consists of a Chairperson, a non-judicial appointee, and one other member. The functions of the AEC include considering election and ballot matters referred to it by the Minister, reporting on the operation of the Act, and publishing material on election and ballot matters. The Act imposes obligations on the AEC and its officers to ensure the proper conduct of elections and the integrity of the electoral process. For instance, the AEC must ascertain the number of people in each state and territory and determine the number of members to be chosen for the House of Representatives based on population statistics (sections 46 and 48). The Electoral Commissioner must prepare and certify electoral rolls, make arrangements for polling places, and ensure that ballot papers and other materials are provided for elections (sections 81-88, 202A, 208-210). Candidates must meet certain qualifications and be nominated in accordance with the Act (sections 162-169). The Act also details the procedures for the nomination of candidates, the conduct of polling, and the scrutiny of votes.
- Breaching the provisions of the Act may result in various consequences. For example, improperly influencing a member of the AEC or a redistribution committee is an offence carrying a penalty of imprisonment for up to 12 months or a fine of up to 20 penalty units, or both (section 78). Failing to enrol or vote when required constitutes an offence and is punishable by a penalty of up to 1 penalty unit (section 245). The Act provides for the forfeiture of deposits and the issuance of penalty notices for failure to comply with certain electoral requirements. Serious breaches, such as providing false information during the nomination process, may result in disqualification from office and criminal penalties (sections 173, 314, 314A). The Electoral Commissioner has the authority to take action against parties or individuals who fail to comply with the Act, including the imposition of fines and the initiation of legal proceedings (sections 314, 314A). Additionally, the Act includes provisions for the review and appeal of decisions made under its authority, ensuring that electoral disputes can be resolved in a fair and transparent manner (sections 120-122, 263-267).
- The Act also includes specific provisions for the conduct of elections, such as the issue of writs, the conduct of polling, and the scrutiny of votes. For instance, section 151 provides for the issue of writs for the election of senators for territories, while section 221 sets out the procedure for the polling of votes. Section 263 mandates that the result of the polling shall be ascertained by scrutiny, with scrutineers present to observe the process. The Act further details the process for the counting of votes and the declaration of election results (sections 273-279, 283-284). The Act provides for the adjustment or cancellation of electoral rolls and the resolution of disputes related to enrolment and voting (sections 106-109, 229-238). It also includes provisions for the review and appeal of electoral decisions, ensuring that the rights of electors and candidates are protected throughout the electoral process (sections 120-122, 263-267). The Act sets out the penalties for various offences, including fines and imprisonment, and provides for the enforcement of its provisions by the AEC and other relevant authorities. The Act’s provisions are designed to ensure the integrity and fairness of the electoral process, and to provide for the effective administration of federal elections in Australia.
- Area of Law
- Elections & Voting
- Parliamentary Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Delegation of Powers
- Enforcement Powers
- Objections & Disputes
- Repeal & Amendment
