none
act-1992-028
allinforce
28
act.reprint
2024-02-01
Electoral Act 1992
act
1992
Electoral Act 1992
An Act relating to the parliamentary elections, and for other purposes
Part 1
Preliminary
1
Short title
This Act may be cited as the Electoral Act 1992.
2
Definitions
The dictionary in schedule 1 defines particular words used in this Act.
s 2 orig s 2 om 1 December 1994 RA s 37
prev s 2 ins 2002 No. 8s 4
om 2008 No. 47s 4
pres s 2 amd 2020 No. 20s 4(6)
Note—s 2 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in s 2 are located in annotations for sch 1.
3
Average number of enrolled electors for electoral districts
(1)
In this Act—
average number of enrolled electors for electoral districts means the number worked out by dividing the total number of enrolled electors for all electoral districts by 93.
(2)
If the number includes a fraction, the number must be rounded to the nearest whole number (rounding one-half upwards).
s 3 amd 2016 No. 20s 7
4
When electoral redistribution etc. becomes final
For the purpose of this Act, any electoral redistribution undertaken under this Act becomes final when all appeals, and proceedings in relation to appeals, that have been instituted under section 57 have been determined and the time for all such appeals and proceedings to be instituted has passed.
5
Related political parties
For the purposes of this Act, 2 political parties are related political parties if—
(a)
1 is a part of the other; or
(b)
both are parts of the same political party.
Part 2
Administration
Division 1
The electoral commission
6
Establishment of Electoral Commission of Queensland etc.
(1)
A commission called the Electoral Commission of Queensland is established.
(2)
When the commission is performing its functions under part 3, the commission consists of the following commissioners—
(a)
the chairperson;
(b)
the electoral commissioner;
(c)
1 other commissioner.
(3)
When the commission is performing its functions other than its functions under part 3, the commission consists solely of the electoral commissioner.
(4)
The chairperson and the nonjudicial appointee—
(a)
are to be appointed by the Governor in Council; and
(b)
hold office on a part-time basis.
(5)
The person appointed as chairperson must—
(a)
be a judge or former judge of a court of the Commonwealth or a State or Territory; and
(b)
have been a judge for at least 3 years.
(6)
A person appointed as the nonjudicial appointee must be—
(a)
the chief executive of a department; or
(b)
the holder of an office established by or under an Act that the Governor in Council considers to be equivalent to the chief executive of a department.
(7)
A person may be appointed as the chairperson or nonjudicial appointee only if the Minister has consulted—
(a)
with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and
(b)
with the parliamentary committee about—
(i)
the process of selection for appointment; and
(ii)
the appointment of the person as the chairperson or nonjudicial appointee.
s 6 amd 1995 No. 38s 35sch 1; 1996 No. 2s 13
7
Functions and powers of commission
(1)
The functions of the commission are to—
(a)
perform functions that are permitted or required to be performed by or under this Act, other than functions that a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; and
(b)
conduct a review of the appropriateness of the number of electoral districts whenever the Minister requests it, in writing, to conduct such a review, and report to the Minister the results of the review; and
(c)
consider, and report to the Minister on—
(i)
electoral matters referred to it by the Minister; and
(ii)
such other electoral matters as it considers appropriate; and
(d)
promote public awareness of electoral matters by conducting education and information programs and in other ways; and
(e)
implement strategies to encourage persons, particularly those belonging to groups with traditionally low enrolment rates, to enrol as electors; and
(f)
implement strategies to maintain the integrity of the electoral rolls; and
(g)
administer, and promote compliance with—
(i)
part 11; and
(ii)
the Local Government Electoral Act 2011, part 6; and
(h)
provide information and advice on electoral matters to the Legislative Assembly, the government, departments and government authorities; and
(i)
conduct and promote research into electoral matters and other matters that relate to its functions; and
(j)
publish material on matters that relate to its functions; and
(k)
perform any other functions that are conferred on it by or under another Act.
(2)
The commission (the Queensland commission) may perform any of its functions under subsection (1)(d) to (i) in conjunction with the Australian Electoral Commission.
(3)
The Governor may arrange with the Governor-General for the performance by the Australian Electoral Commission of any functions on behalf of the Queensland commission.
(4)
The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.
s 7 amd 2002 No. 8s 6; 2019 No. 31s 5; 2023 No. 23s 65
8
Queensland redistribution commission
When performing its functions under part 3, the commission is to be known as the Queensland Redistribution Commission.
9
Tenure and terms of office
(1)
An appointed commissioner holds office, subject to this division, for such term (not longer than 7 years) as is specified in the commissioner’s instrument of appointment.
(2)
If the nonjudicial appointee was at the time of appointment the chief executive of a department, the person ceases to hold office if the person no longer holds office as chief executive of a department.
(3)
If the nonjudicial appointee was at the time of appointment the holder of an office mentioned in section 6(6)(b), the person ceases to hold office if the person no longer holds that office and does not hold office as chief executive of a department.
(4)
An appointed commissioner holds office on such terms, relating to remuneration and other matters not provided for by this Act, as are determined by the Governor in Council.
(5)
An appointed commissioner is to be appointed under this Act, and not under the Public Sector Act 2022.
s 9 amd 1996 No. 37s 147sch 2; 2009 No. 25s 83sch; 2022 No. 34s 365sch 3
10
Leave of absence
The commission may grant an appointed commissioner leave of absence from a meeting of the commission.
11
Resignation
An appointed commissioner may resign office by signed notice given to the Governor.
12
Disclosure of interests
(1)
A commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the commission must, as soon as possible after the relevant facts have come to the commissioner’s knowledge, disclose the nature of the interest at a meeting of the commission.
(2)
The disclosure must be recorded in the minutes of the meeting of the commission and the commissioner must not, unless the Minister otherwise determines—
(a)
be present during any deliberation of the commission in relation to the matter; or
(b)
take part in any decision of the commission in relation to the matter.
13
Termination of appointment
The Governor in Council must terminate the appointment of an appointed commissioner if the appointed commissioner—
(a)
accepts nomination for election to an Australian parliament; or
(b)
becomes a member of a political party; or
(c)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(d)
is absent, without the commission’s leave and without reasonable excuse, from 3 consecutive meetings of the commission; or
(e)
contravenes section 12 without reasonable excuse.
14
Acting appointments
The Governor in Council may appoint a person to act as an appointed commissioner—
(a)
during a vacancy in the office; or
(b)
during any period, or all periods, when the appointed commissioner is absent from duty or from Australia or is, for another reason, unable to perform the functions of the office.
15
Meetings of commission
(1)
The chairperson may, at any time, convene a meeting of the commission.
(2)
If the chairperson is absent or otherwise unavailable to perform the chairperson’s duties and no one is acting as chairperson, the electoral commissioner may convene a meeting of the commission.
(3)
The chairperson must convene such meetings of the commission as, in the chairperson’s opinion, are necessary for the efficient performance of its functions.
(4)
At a meeting of the commission, 2 commissioners constitute a quorum.
(5)
The chairperson must preside at all meetings of the commission at which the chairperson is present.
(6)
If the chairperson is not present at a meeting of the commission, the commissioners present must choose 1 of them to preside.
(7)
Questions arising at a meeting of the commission are to be determined by a majority of the votes of the commissioners present and voting.
(8)
The person presiding at a meeting of the commission has a deliberative vote and, if the votes on a question are equal, also has a casting vote.
(9)
If, at a meeting of the commission at which only 2 commissioners are present (other than a meeting from which a commissioner is absent because of section 12), the commissioners differ in opinion on any matter, the determination of the matter must be postponed to a meeting of the commission at which all commissioners are present.
(10)
The commission may regulate the conduct of proceedings at its meetings as it considers appropriate.
(11)
This section applies to the commission only when it is performing its functions under part 3.
16
Estimates
(1)
The commission must give the Minister a statement in relation to each financial year setting out—
(a)
estimates of the commission’s receipts and expenditure for the financial year; and
(b)
the purpose of the expenditure; and
(c)
the commission’s receipts and expenditure for the previous financial year; and
(d)
if the commission has previously given the Minister a statement under this section in relation to the previous financial year—the estimates of receipts and expenditure set out in the statement.
(2)
The commission must comply with any request by the Minister relating to the time when the statement is to be given to the Minister.
17
Delegation by commission
(1)
The commission may, by resolution, delegate to a commissioner, a senior electoral officer or a member of the commission’s staff its powers under part 3 (other than under sections 44 to 46 or section 50).
(2)
A certificate signed by the chairperson stating any matter with respect to a delegation of a power under subsection (1) is prima facie evidence of the matter.
(3)
The commission must not delegate its power under section 235(1).
(4)
The electoral commissioner may delegate to the deputy electoral commissioner or a member of the commission’s staff the commission’s powers under this Act (other than under part 3 or section 235(1).
(5)
A certificate signed by the electoral commissioner, stating any matter with respect to a delegation of power under subsection (4) is prima facie evidence of the matter.
(6)
A document purporting to be a certificate under subsection (2) or (5) is taken to be such a certificate unless the contrary is established.
s 17 amd 2011 No. 14s 5; 2012 No. 37s 13
18
Reports by commission
(1)
As soon as practicable after, but not more than 4 months after, the end of each financial year, the commission must give to the Minister a report of the commission’s operations during that year.
(2)
The commission must, as soon as practicable after the return of the writ for an election, give to the Minister a report on the operation of part 7 in relation to the election.
(3)
The Minister must cause a copy of each report given to the Minister (whether under this section or otherwise) to be laid before the Legislative Assembly within 3 sitting days after the Minister receives the report.
19
Electoral officer accountable officer
For the Financial Accountability Act 2009, the electoral commissioner is the accountable officer of the commission.
s 19 sub 1996 No. 37s 147sch 2
amd 2009 No. 9s 136sch 1
Division 2
Electoral commissioner and deputy electoral commissioner
20
Electoral commissioner
There is to be an electoral commissioner.
21
Deputy electoral commissioner
(1)
There may be a deputy electoral commissioner.
(2)
Subject to any directions by the commission, the deputy electoral commissioner is to perform such duties as the electoral commissioner directs.
(3)
The deputy electoral commissioner is to act as the electoral commissioner—
(a)
during vacancies in the office of the electoral commissioner; or
(b)
during periods when the electoral commissioner is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.
(4)
While the deputy electoral commissioner is acting as electoral commissioner—
(a)
the deputy electoral commissioner has all the powers and functions of the electoral commissioner; and
(b)
this Act and other Acts apply to the deputy electoral commissioner as if the deputy electoral commissioner were the electoral commissioner.
(5)
Anything done by or in relation to the deputy electoral commissioner while the deputy electoral commissioner is purporting to act as electoral commissioner is not invalid merely because the occasion for the deputy electoral commissioner to act had not arisen or had ceased.
s 21 amd 1994 No. 82s 4
22
Terms and conditions of appointment etc.
(1)
A senior electoral officer is to be appointed by the Governor in Council.
(2)
A person may be appointed as a senior electoral officer only if—
(a)
press advertisements have been placed nationally calling for applications from suitably qualified persons to be considered for appointment; and
(b)
the Minister has consulted—
(i)
with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and
(ii)
with the parliamentary committee about—
(A)
the process of selection for appointment; and
(B)
the appointment of the person as the senior electoral officer.
(3)
Subsection (2)
(a) and (b)(i) does not apply to the reappointment of a person as senior electoral officer.
(4)
A person who is a member of a political party is not to be appointed as a senior electoral officer.
(5)
A senior electoral officer holds office, subject to this part, for such term (not longer than 7 years) as is specified in the senior electoral officer’s instrument of appointment.
(6)
A senior electoral officer is to be appointed under this Act, and not under the Public Sector Act 2022.
(7)
If an officer of the public service is appointed as a senior electoral officer, the person retains and is entitled to all rights that have accrued to the person because of employment as an officer of the public service, or that would accrue in the future because of that employment, as if service as a senior electoral officer were a continuation of service as an officer of the public service.
(8)
A senior electoral officer holds office on such terms, relating to remuneration and other matters not provided for by this Act, as are determined by the Governor in Council.
s 22 amd 1995 No. 38s 35sch 1; 1996 No. 2s 14; 1996 No. 37s 147sch 2; 2009 No. 25s 83sch; 2022 No. 34 s 365sch 3
23
Leave of absence
(1)
The Minister may grant leave of absence to the electoral commissioner on such terms as the Minister determines.
(2)
The commission may grant leave of absence to the deputy electoral commissioner on such terms as the commission determines.
24
Resignation
A senior electoral officer may resign office by signed notice given to the Governor.
25
Termination of appointment
(1)
The Governor in Council may terminate the appointment of a senior electoral officer for misbehaviour or physical or mental incapacity.
(2)
The Governor in Council must terminate a senior electoral officer’s appointment if the senior electoral officer—
(a)
accepts nomination for election to an Australian parliament; or
(b)
becomes a member of a political party; or
(c)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(d)
is absent, without leave of absence and without reasonable excuse, for—
(i)
14 consecutive days; or
(ii)
28 days in any year; or
(e)
contravenes section 12 without reasonable excuse; or
(f)
engages in paid employment outside the duties of the office without the Minister’s approval.
26
Acting electoral commissioner
The Governor in Council may appoint a person, who is eligible for appointment as electoral commissioner, to act as electoral commissioner during—
(a)
any vacancy, or all vacancies, in the office; or
(b)
any period, or all periods, when the electoral commissioner is absent from duty, or can not, for another reason, perform the duties of office.
s 26 sub 1994 No. 82s 2sch
27
Acting deputy electoral commissioner
The Governor in Council may appoint a person, who is eligible for appointment as deputy electoral commissioner, to act as deputy electoral commissioner during—
(a)
any vacancy, or all vacancies, in the office; or
(b)
any period, or all periods, when the deputy electoral commissioner is absent from duty, or can not, for another reason, perform the duties of the office.
s 27 sub 1994 No. 82s 2sch
28
Notice of appointment
Notice of the appointment of a person as, or to act as, a senior electoral officer must be published in the gazette.
Division 3
Staff of the commission
29
Staff
(1)
The staff of the commission consist of—
(a)
electoral registrars, returning officers and assistant returning officers appointed under this division; and
(b)
other staff necessary for the performance of the commission’s functions.
(2)
The staff of the commission are to be employed under the Public Sector Act 2022.
(3)
Subsection (2) does not apply to—
(a)
electoral registrars, returning officers and assistant returning officers; and
(b)
persons employed on a temporary basis in connection with the conduct of a particular election or referendum.
(4)
The commission may, on behalf of the State, employ persons on a temporary basis in connection with the conduct of a particular election or referendum.
s 29 amd 1996 No. 37s 147sch 2; 1997 No. 11s 102sch 2; 2009 No. 25s 83sch; 2022 No. 34 s 365sch 3
30
Electoral registrars
(1)
The Governor in Council may, on the recommendation of the commission, appoint 1 or more electoral registrars for an electoral district.
(2)
A person may be appointed as electoral registrar for 2 or more electoral districts.
(3)
Divisional returning officers under the Commonwealth Electoral Act may be appointed as electoral registrars if the appointments are made under an arrangement between the Governor and the Governor-General.
(4)
A person must not be appointed as an electoral registrar if the person is a member of a political party.
(5)
Without limiting the powers of the Governor in Council to terminate the appointment of electoral registrars, the Governor in Council must terminate the appointment of an electoral registrar if the electoral registrar becomes a member of a political party.
(6)
An electoral registrar must act in accordance with any directions given by the commission.
s 30 amd 2009 No. 17s 331sch 1; 2010 No. 23s 352sch 1; 2011 No. 27s 261
31
Returning officers
(1)
The commission may appoint an elector as the returning officer for an electoral district.
(2)
A person must not be appointed as a returning officer if the person is—
(a)
a minor; or
(b)
a member of a political party.
(3)
Without limiting the powers of the commission to terminate the appointment of returning officers, the commission must terminate the appointment of a returning officer if the returning officer becomes a member of a political party.
(4)
A returning officer must act in accordance with any directions given by the commission.
(5)
A returning officer’s membership of a political party, or failure to comply with section 32A, does not invalidate—
(a)
anything done by the returning officer while the returning officer is a member of a political party; or
(b)
if the returning officer does a thing for an election while the returning officer is a member of a political party—the election.
s 31 amd 2019 No. 31s 6
32
Assistant returning officers
(1)
The commission may appoint an elector as assistant returning officer, or electors as assistant returning officers, for an electoral district.
(2)
A person must not be appointed as an assistant returning officer if the person is—
(a)
a minor; or
(b)
a member of a political party.
(3)
Without limiting the powers of the commission to terminate the appointment of assistant returning officers, the commission must terminate the appointment of an assistant returning officer if the assistant returning officer becomes a member of a political party.
(4)
An assistant returning officer must assist the returning officer for the electoral district in performing the returning officer’s functions under this Act.
(5)
The commission may appoint an assistant returning officer for an electoral district to act as the returning officer for the electoral district—
(a)
during a vacancy in the office of returning officer; or
(b)
during any period, or all periods, when the returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.
(6)
While an assistant returning officer is assisting the returning officer or acting as returning officer—
(a)
the assistant returning officer has all the powers and functions of the returning officer; and
(b)
this Act applies to the assistant returning officer as if the assistant returning officer were the returning officer.
(7)
The commission may appoint a person to act as an assistant returning officer during any period, or all periods, when—
(a)
there is not an assistant returning officer for an electoral district; or
(b)
the assistant returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.
(8)
While a person is acting as assistant returning officer—
(a)
the person has all the powers and functions of the assistant returning officer; and
(b)
this Act applies to the person as if the person were the assistant returning officer.
(9)
Anything done by or in relation to a person while the person is purporting to act under this section is not invalid merely because the occasion for the person to act had not arisen or had ceased.
(10)
An assistant returning officer must act in accordance with any directions given by the commission.
(11)
An assistant returning officer’s membership of a political party, or failure to comply with section 32A, does not invalidate—
(a)
anything done by the assistant returning officer while the assistant returning officer is a member of a political party; or
(b)
if the assistant returning officer does a thing for an election while the assistant returning officer is a member of a political party—the election.
s 32 amd 2019 No. 31s 7
32A
Obligation to notify membership of political party
A returning officer or assistant returning officer must immediately notify the commission if the officer becomes a member of a political party, unless the officer has a reasonable excuse.
Maximum penalty—40 penalty units.
s 32A ins 2019 No. 31s 8
33
Confidentiality of information
A person who is involved in the administration of this Act who gains information because of the person’s involvement in the administration must not disclose the information to anyone else other than—
(a)
for the purposes of this Act; or
(b)
under the authority of another Act; or
(c)
in a proceeding before a court in which the information is relevant to the issue before the court.
Maximum penalty—40 penalty units or 18 months imprisonment.
s 33 ins 2002 No. 8s 7
Division 4
Strategic reviews
pt 2 div 4 hdg ins 2022 No. 34s 341B
33A
Strategic review of commission and commissioners
(1)
Strategic reviews of the commission and commissioners are to be conducted under this division.
(2)
A strategic review is to be conducted at least every 5 years, counting from when the report (the earlier report) for the most recent earlier strategic review was given to the Minister and the electoral commissioner under section 33C(4), up to when the reviewer is appointed under subsection (4) to undertake the latest strategic review.
(3)
However, if the parliamentary committee reported to the Legislative Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001, section 107, the 5 years is counted from when the Minister’s response was tabled under that section.
(4)
Each strategic review is to be undertaken by an appropriately qualified person (reviewer), appointed by the Governor in Council, who is to give a report on the review under section 33C.
(5)
For subsection (4), a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review.
(6)
The terms of reference for a strategic review are to be decided by the Governor in Council.
(7)
Before a reviewer is appointed to conduct a strategic review, the Minister must consult with the parliamentary committee and the electoral commissioner about—
(a)
the appointment of the reviewer; and
(b)
the terms of reference for the review.
(8)
The remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council.
(9)
In this section—
strategic review includes—
(a)
a review of the functions of the commission and commissioners; and
(b)
a review of the performance of the functions of the commission and commissioners to assess whether they are being performed economically, effectively and efficiently.
s 33A ins 2022 No. 34s 341B
33B
Conduct of strategic review
In conducting a strategic review—
(a)
the reviewer has the powers an authorised auditor has under the Auditor-General Act 2009 for an audit of an entity; and
(b)
that Act and other Acts apply to the reviewer as if the reviewer were an authorised auditor conducting an audit of an entity.
s 33B ins 2022 No. 34s 341B
33C
Report of strategic review
(1)
The reviewer for a strategic review must give a copy of the proposed report on the review to the Minister and the electoral commissioner.
(2)
The electoral commissioner may, within 21 days after receiving the proposed report, give the reviewer written comments on anything in the proposed report.
(3)
If the electoral commissioner comments under subsection (2), the reviewer must—
(a)
if the reviewer and electoral commissioner can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or
(b)
if the reviewer and electoral commissioner can not agree about how to dispose of a comment—include the comment, in full, in the report.
(4)
After complying with subsections (1) and (3), the reviewer must give the report (review report) to the Minister and the electoral commissioner.
(5)
The review report must be the same as the proposed report given to the Minister and the electoral commissioner under subsection (1), apart from the changes made under subsection (3).
(6)
The Minister must table the review report in the Legislative Assembly within 3 sitting days after the Minister receives the report.
(7)
For the Parliament of Queensland Act 2001, section 92(2), the report is referred to the parliamentary committee.
s 33C ins 2022 No. 34s 341B
33D
Power of Minister to postpone strategic review
(1)
The Minister may postpone a strategic review to be conducted under this division by not more than 2 years starting at the end of the 5-year period counted under section 33A(2) or (3).
(2)
The Minister may exercise the power under subsection (1) only if the Minister—
(a)
is satisfied the postponement is necessary having regard to the commission’s functions in conducting a general election or a quadrennial election; and
(b)
has consulted with, and had regard to the views of, the electoral commissioner and the parliamentary committee about the postponement and the length of the postponement.
(3)
The Minister may exercise the power under subsection (1) only once in each 5-year period counted under section 33A(2) or (3).
(4)
If the Minister exercises the power under subsection (1), the Minister must table a notice stating—
(a)
the length of the postponement; and
(b)
the reasons for the postponement.
(5)
The Minister must table the notice before the end of the 5-year period counted under section 33A(2) or (3).
(6)
In this section—
quadrennial election see the Local Government Electoral Act 2011, schedule 2.
s 33D ins 2022 No. 34s 341B
Part 3
Electoral districts and electoral redistributions
Division 1
Distribution etc. of State into electoral districts
34
Number of electoral districts for the State
There are 93 electoral districts for the State.
s 34 amd 2016 No. 20s 11
35
Redistribution of State into electoral districts
(1)
Division 2 sets out when the need for an electoral redistribution arises.
(2)
Division 3 sets out how the commission undertakes an electoral redistribution.
(3)
As soon as practicable after the need for an electoral redistribution arises, the commission must—
(a)
redistribute the State into the 93 electoral districts; and
(b)
publish a gazette notice that states—
(i)
that the need has arisen; and
(ii)
the membership of the commission.
(4)
However, the commission must defer undertaking, or any further action in undertaking, an electoral redistribution until after the writ for the next general election is returned if—
(a)
the need for the electoral redistribution arises—
(i)
if the last general election was an ordinary general election—more than 28 months after the writ for the election was returned; or
(ii)
if the last general election was an extraordinary general election—less than 20 months before the normal polling day for the next ordinary general election; or
(iii)
after a writ is issued for a general election but before the writ is returned; or
(b)
a writ for a general election is issued while the commission is undertaking an electoral redistribution.
s 35 amd 2016 No. 20s 12
sub 2019 No. 31s 9
amd 2020 No. 20s 56sch 1
Division 2
When need for an electoral redistribution arises
36
Need for electoral redistribution arises in 3 circumstances
The need for an electoral redistribution arises if 1 of the following sections applies—
(a)
section 37;
(b)
section 38;
(c)
section 39.
37
Electoral redistribution because of changed number of electoral districts
The need for an electoral redistribution arises if this Act is amended to change the number of electoral districts for the State.
38
Electoral redistribution after 2 general elections or 7.5 years
(1)
The need for an electoral redistribution arises on the later of the following days—
(a)
the day that is 1 year after the writ is returned for the second general election held after the previous redistribution becomes final;
(b)
the day that is 7.5 years after the previous redistribution becomes final.
(2)
In this section—
previous redistribution means the last electoral redistribution under this Act that became final.
s 38 sub 2019 No. 31s 10
39
Electoral redistribution because of enrolment changes
(1)
The need for an electoral redistribution arises if the requirement set out in section 45 would not be satisfied in respect of one-third or more of electoral districts for 2 months in a row, assuming that it were applied by reference to the number of enrolled electors and the average number of enrolled electors for electoral districts as gazetted under section 63 for each of the months.
(2)
For the purposes of subsection (1), it is not necessary that the requirement would not be satisfied in respect of the same one-third or more of electoral districts for the 2 months in a row.
40
Situation if need for more than 1 electoral redistribution arises
If, during the period beginning when the need for an electoral redistribution arises under section 37, 38 or 39 and ending when the electoral redistribution becomes final, the need for another electoral redistribution arises under any of those sections (including the same section)—
(a)
the need for the other electoral redistribution does not arise; and
(b)
for the purposes of any later application of section 39, any month occurring wholly or partly during the period is to be disregarded.
Division 3
How electoral redistributions are to be undertaken
41
Scope of division
(1)
This division sets out the way in which the commission is to undertake an electoral redistribution.
(2)
The steps involved are—
(a)
inviting suggestions (section 42); and
(b)
inviting comments on the suggestions (section 43); and
(c)
preparing a proposed electoral redistribution (sections 44 to 46); and
(d)
publishing the proposed electoral redistribution (section 47); and
(e)
inviting objections against the proposed electoral redistribution (section 48); and
(f)
inviting comments on the objections (section 49); and
(g)
considering objections and comments (section 50); and
(h)
making the electoral redistribution (section 51); and
(i)
advertising the electoral redistribution (section 53); and
(j)
tabling all relevant documents (section 54).
(3)
The division also contains provisions relating to—
(a)
when the redistribution takes effect (section 52); and
(b)
appeals against boundaries of electoral districts (section 57).
42
Inviting suggestions
(1)
As soon as practicable after the need for an electoral redistribution arises, the commission must invite suggestions from persons and bodies relating to the redistribution.
(2)
The invitation must be made by notice published in accordance with section 56.
(3)
The notice must state that suggestions are to be given to the commission in writing within 30 days after the notice is published in the gazette in accordance with section 56.
43
Inviting comments on suggestions
(1)
As soon as practicable after the 30 days mentioned in section 42(3), the commission must make available for public inspection, without fee, copies of all suggestions given to it within the 30 days.
(2)
As soon as practicable after the 30 days, the commission must also publish a notice in accordance with section 56 that—
(a)
advises of the availability for inspection of the copies of the suggestions; and
(b)
states that any person or body may comment in writing to the commission on the suggestions within 21 days after the notice is published in the gazette in accordance with section 56.
(3)
As soon as practicable after the 21 days, the commission must make available for public inspection, without fee, copies of all comments given to it within the 21 days.
(4)
Suggestions and comments must be made available for public inspection at the commission’s office and any other places in the State that the commission considers appropriate.
44
Preparing proposed electoral redistribution
(1)
As soon as practicable after the 21 days mentioned in section 43(2)(b), the commission must prepare a proposed redistribution of the State into electoral districts.
(2)
The proposed redistribution must include proposed names for the proposed electoral districts.
(3)
In preparing the proposed electoral redistribution, the commission must—
(a)
take into account all suggestions and comments properly made under sections 42 and 43; and
(b)
comply with the following sections—
(i)
section 45;
(ii)
section 46.
45
Proposed electoral redistribution must be within numerical limits
(1)
In preparing the proposed redistribution, the commission must ensure that the following requirement is satisfied, as at the end of the 21 days mentioned in section 43(2)(b), for each proposed electoral district—
(a)
if the electoral district has an area of less than 100,000km2—that the number of enrolled electors does not differ from the average number of enrolled electors for electoral districts by more than 10%;
(b)
if the electoral district has an area of 100,000km2 or more—the sum of the number of enrolled electors and the additional large district number does not differ from the average number of enrolled electors for electoral districts by more than 10%.
(2)
In subsection (1)(b)—
additional large district number means 2% of the number of km2 in the area of the electoral district.
46
Matters to be considered in preparing proposed electoral redistribution
(1)
In preparing the proposed redistribution, the commission must consider the following matters—
(a)
the extent to which there is a community of economic, social, regional or other interests within each proposed electoral district;
(b)
the ways of communication and travel within each proposed electoral district;
(c)
the physical features of each proposed electoral district;
(d)
the boundaries of existing electoral districts;
(e)
demographic trends in the State, with a view to ensuring as far as practicable that, on the basis of the trends, the need for another electoral redistribution will not arise under section 39 before it does under section 38.
(2)
The commission may also consider the boundaries of local government areas to the extent that it is satisfied that there is a community of economic, social, regional or other interests within each local government area.
(3)
The commission may give such weight to each of the matters set out in subsections (1) and (2) as it considers appropriate.
(4)
It is the intention of the parliament—
(a)
that the way in which this section is to be applied in preparing the proposed redistribution should be for the commission alone to decide; and
(b)
that decisions of the commission relating to the application of this section should be final and conclusive.
(5)
Without limiting subsection (4), a decision of the commission about—
(a)
the existence of any matter mentioned in subsection (1) or (2); or
(b)
the weight (if any) to be given to each such matter;
can not be called in question in an appeal under section 57.
47
Publishing proposed electoral redistribution
(1)
As soon as practicable after the commission has prepared the proposed electoral redistribution, it must comply with this section and section 48.
(2)
The commission must—
(a)
make available for public inspection, without fee, at its office a single map showing, or a number of maps together showing, the names and boundaries of all proposed electoral districts; and
(b)
make available for public inspection, without fee, at its office and at any other places in the State that the commission considers appropriate—
(i)
a description of the boundaries of all proposed electoral districts; and
(ii)
its reasons for redistributing the State in the way proposed (including the reasons of any commissioner who disagrees with the redistribution in that way).
(3)
The commission must display, in a place to which the public has ready access, and at any other place that the commission considers appropriate, in each proposed electoral district a map showing the boundaries of the proposed electoral district.
48
Inviting objections against proposed electoral redistribution
(1)
The commission must publish a notice in accordance with section 56 that—
(a)
advises of the availability for inspection, and the display, of the things mentioned in section 47(2) and (3); and
(b)
states that any person or body may object in writing to the commission against the proposed electoral redistribution within 30 days after publication of the notice in the gazette in accordance with section 56; and
(c)
is accompanied by a single map showing, or a number of maps together showing, the names and boundaries of all proposed electoral districts.
(2)
At any time before publishing a notice under subsection (1), the commission may make public its proposed electoral redistribution.
49
Inviting comments on objections
(1)
As soon as practicable after the 30 days mentioned in section 48(1)(b), the commission must make available for public inspection, without fee, copies of all objections given to it within the 30 days.
(2)
As soon as practicable after the 30 days, the commission must also publish a notice in accordance with section 56 that—
(a)
advises of the availability for inspection of the copies of the objections; and
(b)
states that any person or body may comment in writing to the commission on the objections within 10 days after the notice is published in the gazette in accordance with section 56.
(3)
As soon as practicable after the 10 days, the commission must make available for public inspection, without fee, copies of all comments given to it within the 10 days.
(4)
Objections and comments must be made available for public inspection at the commission’s office and any other places in the State that the commission considers appropriate.
50
Considering objections and comments
If an objection or comment given to the commission within the period allowed under section 48 or 49 raises a matter that has not already been raised, or substantially raised, in a suggestion or comment under section 42 or 43, the commission must—
(a)
consider the objection or comment; and
(b)
make any changes to the proposed electoral redistribution that it considers would be necessary if sections 45 and 46 were being complied with.
51
Making electoral redistribution
(1)
The commission must, as soon as practicable after the end of the 30 days mentioned in section 48(1)(b), publish a gazette notice stating that the State is redistributed into the electoral districts whose names and boundaries are set out in the notice.
(2)
The names and boundaries set out in the notice are to be the same as those for the proposed electoral redistribution, incorporating any changes made under section 50.
(3)
The commission may, at any time before publishing the notice, make public anything that it intends to publish in the notice.
s 51 amd 2023 No. 23s 66
52
When redistribution takes effect
(1)
At the end of 21 days after the publication of the notice, but subject to section 57(6), the State is redistributed into the electoral districts, and those districts have the names, set out in the notice.
(2)
The State remains so redistributed until the next electoral redistribution becomes final.
(3)
However, until the Legislative Assembly is next dissolved or expires by the passage of time, the redistribution does not affect a by-election for an electoral district to fill a vacancy in the membership of the Legislative Assembly.
s 52 amd 2016 No. 20s 13; 2019 No. 31s 11
53
Advertising electoral redistribution
(1)
As soon as practicable after publishing the notice under section 51(1), the commission must comply with this section.
(2)
The commission must—
(a)
make available for public inspection, without fee, at its office a single map showing, or a number of maps together showing, the names and boundaries of all electoral districts; and
(b)
make available for public inspection, without fee, at its office and at any other places in the State that the commission considers appropriate—
(i)
a description of the boundaries of all electoral districts in the State; and
(ii)
its reasons for redistributing the State in that way (including the reasons of any commissioner who disagrees with the redistribution in that way).
(3)
The commission must display, in a place to which the public has ready access, and at any other place that the commission considers appropriate, in each electoral district a map showing the boundaries of the electoral district.
(4)
The commission must publish a notice advising of the availability for inspection, and the display, of the things mentioned in subsections (2) and (3) in—
(a)
a newspaper circulating generally in the State; and
(b)
any regional newspapers, circulating in any parts of the State, that the commission considers appropriate.
54
Tabling all relevant documents
(1)
As soon as practicable after publishing the notice under section 51(1), the commission must give the Minister a copy of—
(a)
all suggestions properly made to it under section 42; and
(b)
all comments properly made to it under section 43; and
(c)
the things made available for public inspection under section 47(2); and
(d)
all objections properly made to it under section 48; and
(e)
all comments properly made to it under section 49; and
(f)
the notice published under section 51(1); and
(g)
the commission’s reasons for distributing the State in the way set out in the notice, together with the reasons of any commissioner who disagrees with the redistribution in that way.
(2)
The Minister must cause a copy of the things given to the Minister under subsection (1) to be laid before the Legislative Assembly within 5 sitting days after the Minister receives them.
55
Commission may hold public hearings
Without limiting its powers under section 7(4), the commission may conduct such public hearings as it considers appropriate for the purposes of this division.
56
How notices are to be published
If, under this division, the commission is required to publish a notice in accordance with this section, the commission must publish the notice in—
(a)
the gazette; and
(b)
a newspaper circulating generally in the State; and
(c)
any regional newspaper, circulating in a part of the State, that the commission considers appropriate.
57
Appeals against boundaries of electoral districts
(1)
An elector may appeal to the Court of Appeal against the boundaries set out in the notice under section 51(1) on the ground that the commission has not complied with this part in making the proposed electoral redistribution.
(2)
The appeal must be made—
(a)
within 21 days after the publication of the notice; and
(b)
in accordance with the rules of court of the Court of Appeal.
(3)
The commission is the respondent to the appeal.
(4)
If more than 1 appeal is made against the boundaries, every appeal must be dealt with in the same proceeding.
(5)
Any person having an interest in the appeal may apply to the court to be joined as a party to the appeal.
(6)
If an appeal is made, the notice under section 51(1) does not take effect until the appeal has been disposed of by the court.
(7)
On the hearing of the appeal under this section, the court may—
(a)
by order—
(i)
quash the notice, in whole or part, and, subject to such directions as it considers appropriate, order the commission to make a fresh or amended notice under section 51(1); or
(ii)
dismiss the appeal; and
(b)
make any ancillary order as to costs or any other matter that it considers appropriate.
(8)
The court may make an order quashing the notice, in whole or part, only if the court is satisfied that—
(a)
the commission has not complied with this part in making the proposed redistribution; and
(b)
the noncompliance has had, or may have had, a significant effect on the boundaries of the electoral districts into which the State is to be redistributed under the notice under section 51(1); and
(c)
the interests of justice require the making of the order.
(9)
The validity of the electoral redistribution may only be called in question in an appeal under this section.
(10)
An appeal against the boundaries must—
(a)
be set down for hearing by the court as soon as practicable after the end of 21 days from the publication of the notice under section 51(1); and
(b)
must be heard and determined by the court as a matter of urgency.
(11)
Except as provided in this section, a decision made, or appearing to have been made, by the commission or a commissioner under or for the purposes of this part—
(a)
is final and conclusive; and
(b)
can not be challenged, appealed against, reviewed, quashed, set aside or otherwise called in question in any court or tribunal on any ground; and
(c)
is not subject to mandamus, prohibition, certiorari, injunction or any declaratory or other order of any court on any ground.
Note—
Judicial Review Act 1991
, section 41——
41 Certain prerogative writs not to be issued
(1)
The prerogative writs of mandamus, prohibition or certiorari are no longer to be issued by the court.
(2)
If, before the commencement of this Act, the court had jurisdiction to grant any relief or remedy by way of a writ of mandamus, prohibition or certiorari, the court continues to have the jurisdiction to grant the relief or remedy, but must grant the relief or remedy by making an order, the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for subsection (1), have been granted by way of such a writ.
(3)
In an enactment in force immediately before the commencement of this Act, a reference to a writ of mandamus, prohibition or certiorari is taken to be a reference to an order of a kind that the court is empowered to make under this section.
(12)
In this section—
decision includes a failure to make a decision.
Part 4
Electoral rolls
Division 1
Commission to keep electoral rolls
58
Commission to keep electoral rolls
(1)
The commission must keep an electoral roll for each electoral district.
(2)
Each electoral roll must, in accordance with this part, contain information in relation to the persons entitled to be enrolled for the electoral district.
(3)
Each electoral roll must also set out, in relation to each person—
(a)
the person’s surname and given names; and
(b)
the person’s address; and
(c)
the person’s sex, occupation and date of birth; and
(d)
an identifying number; and
(e)
any other prescribed information.
(4)
Each electoral roll may also set out, for each person who holds office—
(a)
as a justice of the peace—the initials ‘JP’ after the person’s name; or
(b)
as a commissioner for declarations—the initials ‘Cd’ after the person’s name.
(5)
If the commission is satisfied that the inclusion on a roll of a person’s address would place at risk the personal safety of the person or another person, the person’s address must not be set out in the publicly available part of the roll.
(6)
For the purposes of subsection (3)(b), a person’s address may, in the case of a roll prepared otherwise than in a printed form, be stated as a post office box number, mail service number or in another appropriate way in addition to the person’s residential address.
(7)
For the purposes of this Act, the commission may ask a government entity prescribed under a regulation to give the commission information of the kind mentioned in subsection (3)(a) to (c) as shown in any records kept by the entity.
Example—
The commission may ask a local government for the names of all ratepayers living in a particular local government area.
(8)
Also, to enable the commission to decide the persons who are not entitled to vote because of section 106(3), the commission may ask the chief executive (corrective services) to give the commission information about persons who are serving sentences of imprisonment for offences against the law of the Commonwealth or of a State or Territory.
(9)
The entity or chief executive (corrective services) must give the commission the information as soon as practicable after receiving the request.
(10)
The chief executive officer of the entity may, before giving the information, require payment of a fee decided by the chief executive officer that reasonably reflects the cost of extracting the information from the entity’s records.
(11)
The entity need not give the information about a person if the entity reasonably suspects that disclosing the information would be likely to endanger the person’s safety.
(12)
Subsection (9) has effect despite the provisions of any other Act that would otherwise permit or require the entity to refuse the commission’s request.
(13)
In this section—
government entity includes—
(a)
a local government; and
(b)
a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a State government purpose; and
(c)
a part of an entity mentioned in paragraph (b);
but does not include the police service or the Crime and Corruption Commission.
s 58 amd 1996 No. 40s 11; 2002 No. 8s 8; 2006 No. 41s 35E; 2014 No. 21s 94(2)sch 2
59
Preparation of electoral rolls
(1)
The commission must prepare all electoral rolls as soon as practicable after—
(a)
an electoral redistribution becomes final; or
(b)
6p.m. on the cut-off day for electoral rolls for an election or referendum; or
(c)
3 years pass after the day on which the writ for the last general election was returned.
(2)
The commission may also prepare all or any of the electoral rolls at any other time that it considers appropriate.
(3)
The electoral rolls may be prepared—
(a)
in a printed or electronic form; or
(b)
on microfiche, computer disk or computer tape; or
(c)
in another form determined by the commission.
s 59 amd 1997 No. 11s 102sch 2; 2019 No. 31s 12; 2023 No. 23s 67
60
Inspection of publicly available parts of electoral rolls
(1)
The commission must make available for inspection by any person, without fee, a copy of the most recent printed version of the publicly available part of all electoral rolls—
(a)
at the office of the commission; and
(b)
at the office (if any) of each returning officer.
(2)
The commission may also make available for inspection by any person, without fee, a copy of the most recent version, in a non-printed form, of the publicly available part of any electoral roll at any place that the commission considers appropriate.
s 60 amd 2010 No. 42s 40
61
Information on electoral rolls to be provided to particular people and organisations
(1)
The following table sets out persons and organisations to whom the commission must give stated information about electoral rolls and states the information to be given and the circumstances in which it is to be given.
Mandatory provision of information on electoral rolls
Item
Person or organisation
Information to be given
Circumstances in which information is to be given
1
a candidate for an election
a certified copy, in a form decided by the commissioner, of the entire electoral roll for the electoral district for which the candidate is seeking election
(a)
on request by the candidate; and
(b)
as soon as practicable after the cut-off day for the nomination of candidates; and
(c)
without charge
2
a registered political party
a copy, in electronic form, of the most recent version of the entire electoral roll for any electoral district or all electoral districts
(a)
on request by the party; and
(b)
at a price which reasonably reflects the cost of producing that copy
3
a registered political party
a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for any electoral district or all electoral districts
(a)
on request by the party; and
(b)
at a price which reasonably reflects the cost of producing that copy
4
a member of the Legislative Assembly
a reasonable number of copies, in printed form, of the most recent version of the entire electoral roll for the electoral district the member represents
(a)
as soon as practicable after each of the following happens—
(i)
the member is declared elected;
(ii)
the roll is prepared under section 59(1)(c); and
(b)
without charge
5
a member of the
Legislative Assembly
a copy, in electronic form, of the most recent version of the entire electoral roll for the electoral district the member represents
(a)
once during each Legislative Assembly; and
(b)
without charge
6
a member of the Legislative Assembly
a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for the electoral district the member represents
without charge
7
local government
a copy, in electronic form, of the most recent version of the entire electoral roll for any electoral district wholly or partly within the local government’s area
(a)
on request by the local government; and
(b)
at a price fixed or decided under a regulation
8
local government
a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for any electoral district wholly or partly within the local government's area
(a)
on request by the local government; and
(b)
at a price fixed or decided under a regulation
(2)
The following table sets out persons and organisations to whom the commission may give a copy, in any form, of information in relation to electoral rolls and states the information that may be given and the circumstances in which it may be given.
Discretionary provision of information on electoral rolls
Item
Person or organisation
Information to be given
Circumstances in which information is to be given
1
an entity prescribed under a regulation that is a department or State public authority
a copy, in electronic form, of the most recent version of the entire, or part of the, electoral roll for any electoral district
(a)
on request by the department or State public authority; and
(b)
without charge; and
(c)
for a purpose prescribed under a regulation
(3)
Subsection (2) does not prevent an entity other than the commission, when providing a person or organisation with services for accessing information given by the commission, charging the person or organisation for the services.
(4)
Other than as provided by this section, the commission must not provide a copy of any part of an electoral roll, other than the publicly available part, to a person other than—
(a)
a senior electoral officer; or
(b)
a member of the commission’s staff; or
(c)
a person performing functions under an arrangement mentioned in section 62.
s 61 amd 1997 No. 82s 3sch
sub 2010 No. 42s 41
amd 2011 No. 45s 229
62
Joint roll arrangement with Commonwealth
(1)
The Governor may arrange with the Governor-General for—
(a)
the preparation, alteration or revision of the electoral rolls; or
(b)
the carrying out of any procedure relating to the preparation, alteration or revision of the electoral rolls;
in any way consistent with this Act, jointly by the State and the Commonwealth, whether for the purpose of the rolls being used as electoral rolls for Legislative Assembly elections as well as for Commonwealth elections or for any other purpose.
(2)
If an arrangement is made, the electoral rolls may contain—
(a)
names and other information in relation to persons who are not entitled to be enrolled as electors for Legislative Assembly elections, provided that it is indicated as prescribed that the persons are not enrolled as electors for the Legislative Assembly; and
(b)
distinguishing marks against the names of the persons to show that they are not also enrolled as electors for Commonwealth elections; and
(c)
other information in addition to that required under this division.
(3)
For the purposes of this Act, the marks and other information do not form part of the electoral rolls.
63
Gazettal of enrolment figures
The commission must, in relation to each month, arrange for the gazettal of—
(a)
the number of enrolled electors for each electoral district; and
(b)
the average number of enrolled electors for electoral districts; and
(c)
the extent to which the number of enrolled electors for each electoral district differs from the average number of enrolled electors for electoral districts.
Division 2
Enrolment
64
Entitlement to enrolment
(1)
A person is entitled to be enrolled for an electoral district if the person—
(a)
either—
(i)
is entitled to be enrolled under the Commonwealth Electoral Act for the purposes of that Act in its application in relation to an election within the meaning of that Act; or
(ii)
is not so entitled, but was entitled to be enrolled under the Elections Act 1983 on 31 December 1991; and
(b)
lives in the electoral district and has lived in it for the last month.
(2)
However, despite subsection (1)(b), a person serving a sentence of imprisonment to whom subsection (1)(a) applies is entitled to be enrolled for—
(a)
the first of the following electoral districts that applies for the person—
(i)
the electoral district for which the person was enrolled immediately before the person started to serve the sentence;
(ii)
the electoral district for which the person was entitled to be enrolled immediately before the person started to serve the sentence;
(iii)
an electoral district for which any of the person’s next of kin is enrolled;
(iv)
the electoral district in which the person was born; or
(b)
if none of the electoral districts mentioned in paragraph (a) applies for the person—the electoral district to which the person has the closest connection.
(3)
Also, subsection (1)(b) does not deny a person the entitlement to be enrolled for an electoral district if the person did not live in the electoral district for the last month merely because the person was detained in lawful custody for a reason other than to serve a sentence of imprisonment.
(4)
In addition, if a member of the Legislative Assembly gives notice to the commission, in the form and way approved by the commission, that the member wishes to be enrolled for the electoral district that the member represents, the member is entitled to be enrolled for that electoral district instead of the one applicable under subsection (1).
(5)
Also, a member of the Legislative Assembly may be enrolled for an electoral district (the other district) other than the district that the member represents (the member’s district) if, because of an electoral redistribution, the other district contains at least half of the electors who were enrolled for the member’s district when the commission calculated the average number of enrolled electors for electoral districts for section 45(1).
(6)
For subsection (2), a person is serving a sentence of imprisonment only if—
(a)
the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State; and
(b)
the detention is attributable to the sentence of imprisonment concerned.
(7)
In this section—
next of kin see the Commonwealth Electoral Act, section 4(1).
s 64 amd 1994 No. 82s 5; 2000 No. 63s 276sch 2; 2002 No. 8s 9; 2006 No. 41s 35F; 2006 No. 29s 518sch 3 (amdt could not be given effect); 2019 No. 31s 13
65
Enrolment and transfer of enrolment
(1)
Subject to any arrangement under section 62, the commission must maintain each electoral roll in accordance with this section.
(2)
A person who—
(a)
is entitled to be enrolled for an electoral district; but
(b)
is not enrolled on the electoral roll for the district;
must give notice to an electoral registrar for the district in the form and way approved by the commission.
(3)
If a person who is enrolled on an electoral roll for an electoral district changes address within the electoral district, the person must, within 21 days, give notice to an electoral registrar for the district in the form and way approved by the commission.
(4)
Subject to subsection (5), if a notice under this section is received by an electoral registrar, the commission must, if satisfied that the person concerned is entitled to be enrolled for an electoral district, make appropriate amendments of the electoral rolls.
(5)
The commission must not amend the electoral rolls during the period from 6p.m. on the cut-off day for electoral rolls for an election or referendum until the end of the polling day for the election or referendum except to correct—
(a)
a mistake; or
(b)
the wrongful removal of a person from an electoral roll.
(6)
If the commission does not (except because of subsection (5)) amend an electoral roll to give effect to a notice by a person under subsection (2) or (3), the commission must notify the person in writing of—
(a)
its decision not to amend the roll; and
(b)
the reasons for its decision; and
(c)
the person’s rights under this Act to have the decision reviewed.
(7)
Subsection (8) applies if—
(a)
a person is required to give notice under subsection (2) or (3); and
(b)
the person gives notice—
(i)
after 6p.m. on the cut-off day for electoral rolls for an election or referendum and no later than 6p.m. on the day before the polling day for the election or referendum; and
(ii)
to the commission but otherwise in compliance with subsection (2) or (3).
(8)
The person is taken to have given notice to the electoral registrar in compliance with subsection (2) or (3).
s 65 amd 1997 No. 11s 102sch 2; 2011 No. 45s 230; 2023 No. 23s 68
66
Provisional enrolment
(1)
The commission must enrol a person as an elector for an electoral district if the person—
(a)
is 16 or 17; and
(b)
would, if the person were 18, be entitled to be enrolled for the electoral district; and
(c)
makes a request to be enrolled in the form and way approved by the commission.
(2)
The enrolment does not have effect for the purposes of this Act until the person turns 18.
s 66 amd 2011 No. 14s 6
67
Objections
(1)
An elector may object against the enrolment of a person who is enrolled because of section 64(1)(a)(ii).
(2)
The objection must—
(a)
set out the grounds on which it is made; and
(b)
be made in a form and way approved by the commission; and
(c)
be accompanied by a deposit of—
(i)
$2; or
(ii)
if a greater amount is prescribed for the purposes of this section—that amount.
(3)
If—
(a)
an objection is made against the enrolment of a person; or
(b)
the commission decides that any person enrolled on an electoral roll, because of section 64(1)(a)(ii), should not have been enrolled;
the commission must, subject to subsection (4), give the person concerned a reasonable opportunity to answer the objection or respond to the decision.
(4)
If the commission considers that the objection is frivolous or vexatious, it must take no further action on the objection.
(5)
After considering any answer to the objection or response to the decision, the commission must take such action (if any) as it considers necessary to amend the electoral rolls.
(6)
The commission must—
(a)
give written notice of the action taken by it and its reasons for taking the action to—
(i)
the person objected against or to whom the decision relates; and
(ii)
in the case of an objection—the objector; and
(b)
if the name of the person objected against or to whom the decision relates was removed from an electoral roll—include in the notice advice of the person’s right to have the decision to take the action reviewed.
(7)
If, because of an objection, the name of the person objected against is removed from an electoral roll, the commission must repay the deposit that accompanied the objection.
(8)
For the purpose of ensuring that only persons who are properly entitled to be enrolled under the Commonwealth Electoral Act are enrolled on an electoral roll because of section 64(1)(a)(i), the electoral commissioner, or member of the commission’s staff authorised for the purpose by the electoral commissioner, may take any action that the person is permitted to take under the Commonwealth Electoral Act, including making an objection under that Act to the enrolment.
Part 5
Register of special postal voters
pt 5 hdg ins 1996 No. 79s 39
68
Commission to keep register of special postal voters
The commission must keep, or arrange to be kept, a register of special postal voters.
s 68 ins 1996 No. 79s 39
Part 6
Registration of political parties
69
Scope of part
This part sets out the way in which certain political parties may become registered for various purposes under this Act.
70
Register of political parties
(1)
The commission must, in accordance with this part, keep a register containing the names of, and other information and documents related to, political parties registered under this part.
(2)
The commission must keep the register in the form and way that the commission considers appropriate.
(3)
The register is called the register of political parties.
71
Applications for registration
(1)
An application for registration of a political party is to be made in accordance with this section.
(2)
The application must only be made for the registration of a registrable political party.
(3)
The application must be made by the secretary of the party.
(4)
The application must be made to the commission in a form approved by the commission for the purposes of this section, and must—
(a)
state a name for the political party; and
(b)
if the political party wishes to use an abbreviation of its name on ballot papers for elections—set out the abbreviation; and
(c)
set out the name and address of the person who is to be the political party’s registered officer for the purposes of this Act; and
(d)
if the application is for a Queensland parliamentary party—set out the name of 1 member of the party who is a member of the Legislative Assembly; and
(e)
if the application is for a party that is not a Queensland parliamentary party—set out the names and addresses of 500 members of the party who are electors; and
(f)
be accompanied by a copy of the party’s constitution; and
(g)
set out any other prescribed information and be accompanied by a copy of any other prescribed document.
s 71 amd 1994 No. 82s 2sch
72
Publication of notice of application
(1)
As soon as practicable after an application is made to the commission, the commission must publish a notice in relation to the application in—
(a)
the gazette; and
(b)
a newspaper circulating generally in the State.
(2)
The notice must—
(a)
set out the information included in the application under section 71(4)(a) to (c); and
(b)
invite any persons who believe that the application—
(i)
is not in accordance with section 71; or
(ii)
should be refused under section 75;
to submit to the commission, within 1 month after the day of publication of the gazette notice, a statement under subsection (3).
(3)
The statement must—
(a)
set out in detail the grounds for the belief; and
(b)
set out the address of the person; and
(c)
be signed by the person.
(4)
The commission must make the statement available at its office for public inspection, without fee.
(5)
The commission must give the person who is to be the party’s registered officer—
(a)
a copy of the statement; and
(b)
a notice inviting the person to give the commission a reply to the statement within such reasonable period as is specified in the notice.
(6)
If the person gives the commission a reply within the period, the commission must, as soon as practicable, make the reply available at its office for public inspection, without fee.
73
Registration
(1)
If the commission, after considering all statements and replies to the statements under section 72, is satisfied that the application complies with the requirements of section 71, the commission must, subject to subsection (3) and section 75, register the political party.
(2)
Registration is effected by entering or otherwise including in the register of political parties—
(a)
the information set out in the application (other than under section 71(4)(e)); and
(b)
any document accompanying the application as required by section 71(4)(f) and (g).
(3)
The commission must not take any action in relation to the application during the election period in relation to an election.
(4)
The commission must not register a political party other than in accordance with this section.
(5)
On registration of the political party, the person whose name was set out in the application under section 71(4)(c) becomes the party’s registered officer for the purposes of this Act.
(6)
As soon as possible after it registers the political party, the commission must—
(a)
give written notice to the registered officer that it has done so; and
(b)
if any person made a statement to the commission under section 72 in relation to the application—give written notice to the person stating that it has registered the party and setting out why the reasons in the person’s statement were rejected; and
(c)
notify the party’s registration by gazette notice.
74
Registered officer’s deputy
(1)
A registered officer may nominate a person as a deputy of the registered officer for the purposes of this Act.
(2)
The nomination—
(a)
must be in writing, signed by the registered officer and lodged with the commission; and
(b)
must be signed by, and state the name and address of, the person nominated; and
(c)
may be revoked by the registered officer by written notice given to the commission.
s 74 ins 1997 No. 10s 5
75
Refusal of registration
(1)
In this section—
application name means a name for a political party, or the abbreviation of the name for a political party, set out in the party’s application for registration.
party name means the name, or an abbreviation or acronym of the name, of a parliamentary party or registered political party.
public body name means the name, or an abbreviation or acronym of the name, of a prominent public body.
(2)
The commission may refuse to register a political party if the commission believes on reasonable grounds that information set out in, or documents required to accompany, the application are incorrect.
(3)
The commission must refuse to register a political party if the party’s application name—
(a)
has more than 6 words; or
(b)
is obscene or offensive; or
(c)
is a party name; or
(d)
so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or
(e)
includes the word ‘independent’; or
(f)
would otherwise be likely to cause confusion if registered.
(4)
The commission may refuse to register a political party if the party’s application name—
(a)
is a public body name; or
(b)
so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name.
(5)
The commission must refuse to register a political party if the party’s constitution is not a complying constitution.
(6)
If the commission decides to refuse an application, it must give the person who was to be the registered officer of the political party written notice of—
(a)
the refusal; and
(b)
the reasons for the refusal; and
(c)
the rights of the person to have the refusal decision reviewed.
s 75 amd 1994 No. 82s 6; 2001 No. 25s 2sch 1; 2002 No. 8s 10
76
Complying constitution
(1)
A political party’s constitution is a complying constitution if it contains the following—
(a)
the party’s objects, 1 of which must be the promotion of the election to the Legislative Assembly of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part;
(b)
the procedure for amending the constitution;
(c)
the rules for membership of the party, which must include the following rules—
(i)
a rule stating the procedure for accepting a person as a member;
(ii)
a rule stating the procedure for ending a person’s membership;
(iii)
a rule prohibiting a person from becoming a member of the party if the person has been convicted of a disqualifying electoral offence within 10 years before the person applies to become a member;
(iv)
a rule prohibiting a person from continuing as a member of the party if the person is convicted of a disqualifying electoral offence;
(d)
a statement about how the party manages its internal affairs, including a statement about—
(i)
the party structure; and
(ii)
the process for dispute resolution;
(e)
the rules for selecting—
(i)
a person to hold an office in the party; and
(ii)
a candidate to be endorsed by the party for an election or an election for a local government;
(f)
a rule requiring that a preselection ballot must satisfy the general principles of free and democratic elections.
(2)
The general principles of free and democratic elections as applied to a preselection ballot are as follows—
(a)
only members of the party who are electors may vote;
(b)
only members of the party who are eligible to vote in the ballot under the party’s constitution may vote;
(c)
each member has only 1 vote;
(d)
voting must be done by secret ballot;
(e)
a member must not be improperly influenced in voting;
(f)
a member’s ballot paper must be counted if the member’s intention is clear;
(g)
members’ votes must be accurately counted;
(h)
each person who is seeking selection may be present personally, or may be represented by another person, at the ballot and for the scrutiny, and counting, of votes.
s 76 ins 2002 No. 8s 11
77
Amendment of register
(1)
An application may be made under this section to the commission for the amendment of the information, or the replacement of documents, in the register of political parties in relation to a registered political party.
(2)
The application must be made in the form and way approved by the commission.
(3)
The application must be made by—
(a)
the party’s registered officer; or
(b)
if the application is to change the party’s registered officer—the party’s secretary.
(4)
This part applies to an application under this section, subject to any necessary changes, as if it were an application for registration of a political party.
78
Cancellation of registration
(1)
The commission may cancel the registration of a party at the written request of the party’s registered officer.
(2)
The commission may cancel the registration of a political party if the commission is satisfied on reasonable grounds that—
(a)
the party no longer exists; or
(b)
the party is not a Queensland parliamentary party and does not have at least 500 members who are electors; or
(c)
the candidates at the next 2 general elections held after the registration of the party did not include at least 1 candidate endorsed by the party; or
(d)
the registration was obtained by fraud or misrepresentation; or
(e)
the party’s constitution is not a complying constitution; or
(f)
the party’s registered officer has failed to comply with section 80(1) or (2), including, for example, by giving false or misleading information under the provision.
(3)
If the commission proposes to cancel the registration of a party, other than because of subsection (2)(d), the commission must—
(a)
give written notice of its proposed action to the party’s registered officer; and
(b)
give notice of its proposed action in—
(i)
the gazette; and
(ii)
a newspaper circulating generally in the State; and
(c)
include in the notice under paragraph (b) a statement that persons may, within 14 days after the gazette notice is given, object to the commission in writing against the proposed cancellation.
(4)
The commission must consider any objection made under subsection (3) before taking any further action in relation to the cancellation.
(5)
If the commission decides to cancel the registration of a party, the commission must—
(a)
give notice of the cancellation and the reasons for it to the person who was the party’s registered officer immediately before the cancellation; and
(b)
give notice of the cancellation in the gazette; and
(c)
cancel the information in, and remove the documents from, the register of political parties relating to the political party; and
(d)
retain the documents in the commission’s records.
s 78 amd 2002 No. 8s 12
79
Public access to register
(1)
The commission must ensure that the register of political parties is made available for public inspection, without fee, at its office.
(2)
As soon as practicable after the issue of a writ for an election, the commission must publish in the gazette—
(a)
a list of the names of all political parties included in the register; and
(b)
a list of the names of the registered officers of the political parties.
80
Party constitution
(1)
The registered officer of a registered political party must, within 7 days after each report date, notify the commission in the approved form whether or not an amendment has been made to the party’s constitution since the last report date.
(2)
If an amendment has been made, the registered officer must also give the commission—
(a)
a copy of the amended constitution; and
(b)
a summary of the amendments.
(3)
In this section—
report date means 31 March, 30 June, 30 September and 31 December in each year.
Note—
See section 78(2)(f) for the effect of noncompliance with subsection (1) or (2).
s 80 ins 2002 No. 8s 13
Part 7
Elections
pt 7 hdg prev pt 7 hdg ins 1994 No. 82s 15
om 2011 No. 14s 14A
Division 1
Calling of elections
81
Writs for elections
(1)
The commission must conduct an election of a member or members of the Legislative Assembly if the Governor or the Speaker of the Legislative Assembly issues a writ to the commission in accordance with this division.
(2)
The commission must conduct the election in accordance with the writ, subject to this part and the Constitution of Queensland 2001, chapter 2, part 2A.
s 81 amd 2019 No. 31s 14
82
Writs by Governor
The Governor is to issue writs of the following kind—
(a)
a writ for a general election under the Constitution of Queensland 2001, chapter 2, part 2A;
(b)
a writ for an election to which section 83(1) or 95(3) applies;
(c)
a writ for an election ordered by the Court of Disputed Returns under section 128(14) or 146.
s 82 sub 2019 No. 31s 15
83
Writs for vacancy in the membership of the Legislative Assembly
(1)
The Governor must issue a writ to fill a vacancy in the membership of the Legislative Assembly if the vacancy—
(a)
arises after a general election and before the first meeting of the Legislative Assembly after the election; or
(b)
is caused by death or resignation and arises when the Legislative Assembly is not sitting.
(2)
The Speaker of the Legislative Assembly must issue a writ for an election to fill a vacancy in the membership of the Legislative Assembly if—
(a)
the vacancy is not one mentioned in subsection (1) or section 95(3); and
(b)
the Legislative Assembly passes a resolution declaring that the vacancy exists and stating its cause.
(3)
However, if a vacancy mentioned in subsection (1)(b) or (2) arises within 3 months before the next normal dissolution day for the Legislative Assembly, the Speaker or Governor may, but need not, issue a writ for an election to fill the vacancy.
(4)
In this section—
normal dissolution day see the Constitution of Queensland 2001, section 19C(1).
s 83 sub 2019 No. 31s 15
84
Form and content of writs
(1)
A writ must set out the following—
(a)
the day of issue of the writ;
(b)
the cut-off day for electoral rolls for the election, which must be not less than 5 days, nor more than 7 days, after the issue of the writ;
(c)
the cut-off day for the nomination of candidates for the election, which must be not less than 8 days, nor more than 18 days, after the issue of the writ;
(d)
the polling day, which must be—
(i)
for a writ for a general election—the polling day for the election under the Constitution of Queensland 2001, section 19B or 19F; or
(ii)
for another writ—a Saturday not less than 26 days, nor more than 56 days, after the issue of the writ;
(e)
the day for the return of the writ, which must be not more than 84 days after the issue of the writ.
(2)
For the purpose of determining under subsection (1) a cut-off day, the polling day or the day for the return of the writ (the relevant day)—
(a)
the day of issue of the writ; and
(b)
the relevant day itself;
are both to be included in any specified number of days.
(3)
The Acts Interpretation Act 1954, section 38 does not apply for the purpose of determining, or in relation to a day determined, under subsection (1).
s 84 amd 2019 No. 31s 16
85
Commission to publish writ and prepare for election
On receiving a writ, the commission must—
(a)
arrange for a copy of the writ to be published in the gazette; and
(b)
advertise the days specified in the writ in such other ways as the commission considers appropriate; and
(c)
make appropriate arrangements, in accordance with this part, for the conduct of the election or elections concerned.
86
Change of time limits in writ
(1)
Despite anything in this Act, the Governor or Speaker, as the case requires, may by gazette notice either before, on or after a day specified in the writ under section 84(1)(a) to (e)—
(a)
for a day mentioned in section 84(1)(a) to (d)—substitute a later day for the day stated in the writ; or
(b)
for the day mentioned in section 84(1)(e)—substitute an earlier or later day for the day stated in the writ; or
(c)
provide for anything to be done to overcome any difficulty that might otherwise affect the election concerned.
(2)
A substitution may be made under this section either generally or for a stated electoral district.
(3)
The Governor or Speaker must not substitute a day for polling day that is more than 21 days after the day specified in the writ.
(4)
When the notice is gazetted, it has effect accordingly.
(5)
Subsection (1)
(a) does not apply to a polling day for an ordinary general election.
Note—
The Constitution of Queensland 2001, section 19B(3) provides for the Governor to postpone the polling day for an ordinary general election in particular circumstances.
s 86 amd 2001 No. 25s 3; 2019 No. 31s 17
Division 2
Nomination of candidates for election
87
Who may be nominated
Provisions about who may be nominated as a candidate for election, and may be elected, as a member of the Legislative Assembly for an electoral district are set out in the Parliament of Queensland Act 2001, section 64.
s 87 sub 2001 No. 81s 135
amd 2003 No. 19s 3sch
88
How and when nomination takes place
(1)
The following persons are the only persons who nominate a candidate—
(a)
the registered officer of a registered political party that has endorsed the candidate for the election;
(b)
6 or more persons who are enrolled on the electoral roll for the electoral district concerned and none of whom has previously nominated a candidate for the election.
(2)
To have effect for the purposes of this Act, the nomination must comply with the requirements set out in this section and section 89.
(3)
The nomination—
(a)
must be in a form approved by the commission for the purposes of this section; and
(b)
must contain the following—
(i)
the candidate’s name, address and occupation;
(ii)
a signed statement by the candidate consenting to the nomination;
(iii)
if subsection (1)(a) applies—a signed statement by the party’s registered officer that the registered political party has endorsed the candidate.
(4)
The nomination must be given to—
(a)
if subsection (1)(a) applies—the commission; or
(b)
if subsection (1)(b) applies—the commission or the returning officer for the electoral district.
(5)
The nomination must be given—
(a)
after the day of issue of the writ for the election; and
(b)
before noon on the cut-off day for nomination of candidates for the election.
89
Deposit to accompany nomination
(1)
At the same time as a nomination is given to the commission or the returning officer, the candidate (or another person on the candidate’s behalf) must deposit with the commission or returning officer—
(a)
$250; or
(b)
if a greater amount is prescribed for the purposes of this section—that amount.
(2)
The deposit must be paid in cash or by bank cheque, credit card or electronic funds transfer.
(3)
Subject to subsection (4), the deposit must be held until the writ for the election has been returned.
(4)
If the candidate dies before the writ is returned, the deposit must be returned to—
(a)
if the deposit was paid by someone other than the candidate—the other person; or
(b)
otherwise—the candidate’s personal representative.
(5)
The deposit must be returned to the person who paid the deposit, or someone else with the person’s written authority, if—
(a)
the candidate withdraws consent to the nomination under section 92; or
(b)
the candidate is elected; or
(c)
at least 4% of the total number of formal first preference votes polled in the election for the electoral district are in favour of the candidate.
(6)
The deposit becomes the property of the State when the outcome of the election is determined unless subsection (4) or (5) applies.
s 89 amd 2002 No. 8s 14; 2008 No. 47 s 4A (retro); 2014 No. 32 s 5; 2019 No. 31s 18; 2020 No. 20s 5
90
Grounds for deciding a person is not properly nominated
(1)
In this section—
nomination name means the name used for a nomination under this division.
party name means the name, or an abbreviation or acronym of the name, of a parliamentary party or registered political party.
public body name means the name, or an abbreviation or acronym of the name, of a prominent public body.
(2)
The commission may decide that a person who has changed his or her name is not properly nominated because the nomination name—
(a)
is a party name; or
(b)
so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or
(c)
includes the word ‘independent’; or
(d)
is a public body name; or
(e)
so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or
(f)
is obscene or offensive.
(3)
The commission may also decide that a person who has changed his or her name is not properly nominated if the commission considers the name could cause confusion.
Example—
If a person’s name is ‘Informal’, the commission may consider that the name could cause confusion to electors.
(4)
If the commission decides a person is not properly nominated for an election, it must give the person—
(a)
the decision; and
(b)
the reasons for the decision; and
(c)
a notice stating the person’s right to dispute the election.
Note—
For a person’s right to dispute the election, see section 139.
s 90 ins 1994 No. 82s 7
91
Effect of multiple nominations
If, at noon on the cut-off day for the nomination of candidates for the election, a person nominated as a candidate for election for the electoral district is also nominated for election for another electoral district, each of the nominations is of no effect.
91A
Withdrawal of endorsement of candidate
(1)
This section applies if—
(a)
a registered political party nominates a person as a candidate for an election under section 88(1)(a); and
(b)
before the election, the party withdraws the party’s endorsement of the person as a candidate for the election.
Note—
See section 306A for the requirement for a registered political party to notify the commission about—
(a)
the party’s endorsement or proposed endorsement of a person as a candidate for an election; or
(b)
changes to the endorsement or proposed endorsement.
(2)
The registered officer of the registered political party must notify the commission, in the approved form, of the withdrawal of the endorsement.
Maximum penalty—40 penalty units.
(3)
If the notification is given to the commission before noon on the cut-off day for the nomination of candidates, the nomination of the person is of no effect.
(4)
If the notification is given to the commission after noon on the cut-off day for the nomination of candidates, a ballot paper is taken to comply with section 102 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate’s name on the ballot paper.
(5)
As soon as practicable after the commission receives the notification, the commission must give the candidate a notice that states—
(a)
the contents of the notification; and
(b)
when the commission received the notification; and
(c)
if subsection (3) or (4) applies in relation to the notification—the effect of the subsection.
s 91A ins 2020 No. 20s 6
92
Withdrawal of consent to nomination
(1)
A person nominated as a candidate for election may withdraw consent to the nomination by notice signed by the person and given to the commission or the returning officer, as the case requires, before noon on the cut-off day for nomination.
(2)
If this happens, the nomination is of no effect.
93
Announcement of nominations
(1)
As soon as practicable after noon on the cut-off day for nominations, the commission must advise the returning officer for each electoral district of the names of all persons properly nominated to the commission for election for the district.
(2)
As soon as practicable after advice is received from the commission, each returning officer must arrange for a notice stating the names of the persons properly nominated for election to the electoral district to be—
(a)
displayed in a conspicuous place at the returning officer’s office; and
(b)
published in such ways as the returning officer considers appropriate.
(3)
On the display of the names at the returning officer’s office, the persons become candidates for the election for the electoral district.
(4)
A person is properly nominated for election for the purposes of this section if—
(a)
the provisions of this division relating to nomination have been complied with or, if there is a formal defect or error in the nomination, the provisions have been substantially complied with; and
(b)
neither section 91 nor 92 applies to the person’s nomination.
94
Election of sole candidate
If there is only 1 candidate for election for an electoral district, the candidate is elected.
95
Failure of election
(1)
This section applies if—
(a)
a candidate dies before the polling day for the election; or
(b)
there are no candidates for the election.
(2)
The writ, and everything done in connection with the election for the electoral district because of the writ, are of no effect.
(3)
The Governor must issue a writ for a fresh election for the electoral district.
(4)
The deposits of any other candidates for the election for the electoral district are to be returned.
96
Election to be held
Subject to sections 94 and 95, an election must be held in accordance with the writ and the provisions of this part.
Division 3
Arrangements for elections
97
Commission to make arrangements for elections
(1)
The commission has the continuing function of making appropriate administrative arrangements for the conduct of elections.
(2)
The function includes doing the things required by the remainder of this division.
(3)
The commission must arrange for the appointment and employment of appropriate members of staff for the conduct of elections.
98
Setting up and operating polling booths
(1)
The commission must ensure that appropriate polling booths are established for elections.
(2)
In deciding the number, kind and location of polling booths, the commission must take into account, in addition to any other matters that it considers relevant, the desirability of the booths being the same as polling booths for the purposes of the Commonwealth Electoral Act and of their being accessible to voters with disabilities.
(3)
The commission must ensure that each polling booth is provided with an adequate number of voting compartments and ballot papers.
(4)
In the case only of a mobile polling booth mentioned in section 99(8), the commission must, if requested by a candidate, ensure that ‘how to vote’ matter supplied by the candidate is distributed at the polling booth.
(5)
The commission must advertise, in the ways the commission considers appropriate, including, for example, on the commission’s website, the following information about each polling booth for an election—
(a)
the electoral districts for which an ordinary vote may be made at the polling booth;
(b)
the location of the polling booth;
(c)
the voting hours of the polling booth.
(6)
The commission must not—
(a)
establish a polling booth on polling day; or
(b)
abolish a previously established ordinary polling booth during the period beginning when the writ for an election is issued and ending on polling day, unless it is necessary to do so for circumstances beyond the commission’s control.
(7)
The commission must advertise the establishment and abolition of ordinary polling booths in the ways the commission considers appropriate, including, for example, on the commission’s website.
(8)
The commission must ensure that—
(a)
electors are allowed to enter ordinary polling booths between 8a.m. and 6p.m. on polling day and to stay until they have voted; and
(b)
appropriate electors are allowed to enter mobile polling booths, at times determined in writing by the commission, during the period referred to in section 99(4) and (9) and to stay until they have voted.
s 98 amd 2019 No. 31s 19
99
Kinds of polling booths
(1)
There are 3 kinds of polling booths—
(a)
ordinary polling booths; and
(b)
mobile polling booths; and
(c)
pre-poll voting offices.
(2)
An ordinary polling booth is a building or other structure, or a part of a building or other structure, that the commission arranges to be available on polling day in relation to an election for the purpose of enabling electors in general to vote.
(3)
A mobile polling booth is—
(a)
an institution declared under subsection (4) to be a mobile polling booth; or
(b)
a building, structure, vehicle or other place declared under subsection (8) to be a mobile polling booth.
(4)
If the commission considers that patients or residents of an institution should be able to vote at the institution, the commission may declare the institution to be a mobile polling booth for the election.
(5)
The commission may require an issuing officer visiting an institution declared under subsection (4) to present how-to-vote cards to electors at the institution and present the cards in a particular way.
Example—
The commission may require an issuing officer to give how-to-vote cards to electors at a declared institution or to paste the cards on a manila folder and show it to the electors.
(6)
The issuing officer must comply with the requirement.
(7)
If the commission declares the institution to be a mobile polling booth, the person in charge of the institution must allow access by members of the commission’s staff, and by patients, residents or inmates of the institution, for the purpose of enabling voting to take place at the election.
(8)
If the commission considers an area is too remote to have enough electors to establish an ordinary polling booth, the commission may—
(a)
arrange for a building, structure, vehicle or other place to be available as a mobile polling booth for electors in the area to vote at the election; and
(b)
declare the building, structure, vehicle or other place to be a mobile polling booth for the election.
(9)
The commission, a returning officer or an issuing officer may change the arrangements made under subsection (8) at any time.
(10)
If the arrangements are changed, the commission, returning officer or issuing officer must take the steps that are practical and appropriate to give public notice of the changed arrangements.
(11)
The result of the election is not invalidated only because an issuing officer failed to visit a mobile polling booth as arranged.
(12)
A declaration made under subsection (4) or (8) must state—
(a)
the electoral districts for which electors may make an ordinary vote at the mobile polling booth; and
(b)
the days, during the period that starts 11 days before polling day and ends at 6p.m. on polling day, when electors may vote at the mobile polling booth; and
(c)
the voting hours for the mobile polling booth on those days.
(13)
The commission must publish a declaration made under subsection (4) or (8), and otherwise advertise the information stated in the declaration about the mobile polling booths, in the ways the commission considers appropriate, including, for example, on the commission’s website.
s 99 amd 2002 No. 8s 15; 2014 No. 32s 6; 2019 No. 31s 20
99A
Pre-poll voting offices
(1)
The commission may declare for an election—
(a)
a stated place (a pre-poll voting office) to be a place where an elector may—
(i)
make a pre-poll ordinary vote for an electoral district; or
(ii)
make a declaration vote for the election; and
(b)
the electoral districts for which a pre-poll ordinary vote may be made at the place; and
(c)
the times during which electors are allowed to make a vote at the place.
(2)
The commission must publish a declaration under subsection (1), and otherwise advertise the information stated in the declaration about the pre-poll voting offices, in the ways the commission considers appropriate, including, for example, on the commission’s website.
s 99A ins 2019 No. 31s 21
99B
Suspension of poll
(1)
A returning officer may suspend the poll at a polling booth on polling day for not more than 4 hours if the returning officer is satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by—
(a)
a serious threat of a riot or open violence happening; or
(b)
a serious risk to the health or safety of persons at the polling booth; or
(c)
another emergency.
(2)
The returning officer must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to make a vote, including—
(a)
the time the poll is expected to resume at the polling booth; and
(b)
the location of other polling booths.
(3)
The returning officer must adjourn the conduct of the poll at the polling booth to another day if—
(a)
for any reason, taking of the poll at the polling booth can not resume on polling day; or
(b)
the returning officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to have cast a vote at another polling booth.
s 99B ins 2019 No. 31s 21
100
Adjournment of poll
(1)
A returning officer may adjourn the poll at a polling booth to another day if the returning officer is satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted or obstructed by any of the things stated in subsection (2) to the extent that the taking of the poll can not start or continue at the polling booth.
(2)
For subsection (1), the things are as follows—
(a)
a storm, flood, fire or similar happening;
(b)
a riot or open violence;
(c)
a serious threat of a riot or open violence happening;
(d)
a serious risk to the health or safety of persons at the polling booth;
(e)
another emergency.
(3)
If the poll is adjourned under subsection (1) or section 99B(3), the commission must fix a day (not later than 34 days after the polling day) for taking, or resuming, the adjourned poll.
(4)
The commission must publish notice of the day fixed for taking, or resuming, the adjourned poll on the commission’s website and in other ways the commission considers appropriate.
(5)
If an adjourned poll is held, only electors who are enrolled in the electoral district for which the polling booth is established and who have not already voted in the election are entitled to vote.
(6)
The adjourned poll is taken to have been held on the polling day.
s 100 sub 2019 No. 31s 22
101
Register of candidates
(1)
As soon as practicable after the commission advises the returning officer of an electoral district of the names of the candidates for an election for the electoral district, the commission must enter, in a register called the register of candidates, the information, and a summary of the content of any statement, set out in the nomination in relation to each of the candidates under section 88(3).
(2)
The register of candidates is to be kept in such form and way as the commission considers appropriate.
(3)
If elections for other electoral districts have the same polling day, a single register must be used for all of the elections.
(4)
The register of candidates must be open for public inspection, without fee, at the commission’s office.
(5)
If any name or address entered in the register of candidates in relation to a candidate ceases to be correct, the candidate may apply to the commission to have the entry corrected.
(6)
The commission must correct the entry.
101A
Supply of electoral rolls and ballot papers
(1)
The commission must ensure a sufficient number of the following are available at each polling place—
(a)
certified copies of the electoral roll for each electoral district as at 6p.m. on the cut-off day for electoral rolls;
(b)
ballot papers for each electoral district.
(2)
Without limiting subsection (1)(a), a certified copy of the electoral roll for an electoral district is available at a polling place if—
(a)
a certified copy of the electoral roll can be accessed electronically from the polling place; and
(b)
an issuing officer at the polling place can use the certified copy to make an electronic record of the persons to whom a ballot paper is issued.
(3)
Without limiting subsection (1)(b), a ballot paper for an electoral district is available at a polling place if a ballot paper can be reproduced at the place under section 102A.
s 101A ins 2019 No. 31s 23
amd 2023 No. 23s 69
102
Form of ballot papers
(1)
Ballot papers for an election for an electoral district, other than a completed ballot paper printed for an electronically assisted vote, must—
(a)
be of such material and opacity that, when folded, the way the elector voted is effectively concealed; and
(b)
for a ballot paper other than a ballot paper reproduced under section 102A, be attached to a butt that—
(i)
is not part of the ballot paper; and
(ii)
is perforated in such a way that the ballot paper may be easily detached from it; and
(iii)
states the name of the electoral district; and
(c)
show the name of the State, that the election is for a member of the Legislative Assembly, the name of the electoral district and the day of the election; and
(d)
contain the names of all candidates for election, set out in the order determined under section 103; and
(e)
if the commission considers that a similarity in the names of 2 or more candidates is likely to cause confusion—contain a description or addition that the commission considers will sufficiently distinguish the names; and
(f)
contain a square opposite the name of each candidate; and
(g)
if a candidate endorsed by a registered political party was nominated under section 88(1)(a)—contain, printed adjacent to the candidate’s name—
(i)
if the register of political parties includes an abbreviation of the party’s name—the abbreviation; or
(ii)
otherwise—the party’s full name included in the register of political parties.
(2)
The ballot papers to which subsection (1) applies must contain the following sentence—
You must number every square in the order of your preference.
(3)
A completed ballot paper printed for an electronically assisted vote must—
(a)
be of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and
(b)
state the name of the electoral district for which the vote is made.
s 102 amd 2001 No. 25s 4; 2014 No. 32 s 7; 2016 No. 20s 13A; 2019 No. 31s 24
102A
Ballot papers may be reproduced if required
(1)
This section applies if a polling place does not have, or runs out of, ballot papers for an electoral district.
(2)
An issuing officer at the polling place may reproduce a ballot paper for the electoral district, including, for example, by photocopying, handwriting or printing the ballot paper.
(3)
Section 102
(1) applies to a ballot paper reproduced under this section.
(4)
The issuing officer must keep a record of the number of ballot papers for an electoral district the officer reproduces under this section.
s 102A ins 2019 No. 31s 25
103
Order of candidates’ names on ballot papers
(1)
The order of the names of candidates on ballot papers for an electoral district is to be determined under this section.
(2)
To determine the order, a member of the commission’s staff must, in the presence of 2 witnesses—
(a)
write the name of each candidate on a separate piece of paper; and
(b)
ensure that each piece of paper is the same kind, shape, size and colour; and
(c)
place each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way in order to make each the same size and thickness; and
(d)
ensure that each envelope is opaque and of the same kind, shape, size and colour; and
(e)
after each piece of paper has been placed in an envelope, seal the envelope; and
(f)
place all the envelopes in a container and shuffle them; and
(g)
draw the envelopes out, 1 at a time; and
(h)
as each envelope is drawn out, open it and note the name of the candidate on the piece of paper in the envelope.
(3)
The order in which the names are noted is the order in which the names are to appear on the ballot paper.
(4)
The member of the commission’s staff must allow any candidate, or representative of a candidate, to be present.
104
Scrutineers
(1)
Each candidate for an election for an electoral district may, by notice sent to the returning officer for the electoral district, appoint adult persons as scrutineers.
(2)
Scrutineers are entitled to be present in each ordinary polling booth, mobile polling booth and pre-poll voting office at times when electors are allowed to vote at the place.
(3)
Scrutineers are also entitled to be present—
(a)
beforehand at polling places for the purpose of—
(i)
inspecting ballot boxes; and
(ii)
the examination of declaration envelopes received before 6p.m. the day before polling day; and
(b)
afterwards at polling places and elsewhere to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and
(c)
at a place to observe any part of a procedure for making an electronically assisted vote.
(4)
At a polling place during times when electors are allowed to vote and beforehand, each candidate is entitled to have 1 scrutineer present for each issuing officer at the place.
(5)
At the examination of declaration envelopes and the counting of votes, including electronically assisted votes, each candidate is entitled to have 1 scrutineer present for each member of the commission’s staff at the place.
(6)
A scrutineer may—
(a)
object to the entitlement of a person to vote at the election; or
(b)
record details of electors who vote at the election, and take the record out of the polling place; or
(c)
do anything else permitted by this Act.
(7)
Issuing officers at a polling place must, before voting starts, allow scrutineers for candidates to inspect the ballot boxes that are to be used for voting at the place.
(8)
Each scrutineer must carry adequate identification to show that the person is a scrutineer.
s 104 amd 1997 No. 10s 6; 2011 No. 14s 7; 2014 No. 32s 8; 2019 No. 31s 26
105
Correction of errors
(1)
If there is a delay, error or omission in or in relation to the preparation, issue or return of any writ, it may be corrected by gazette notice by the Governor or the Speaker, as the case requires, setting out what is to be done.
(2)
If there is a delay, error or omission in or in relation to the preparation, issue, sending or return of any electoral roll, ballot paper or other document (apart from a writ), it may be corrected by a gazette notice by the commission setting out what is to be done.
Division 4
Who may vote
106
Who may vote
(1)
The following persons are the only persons who are entitled to vote at an election for an electoral district—
(a)
persons enrolled on the electoral roll for the district;
(b)
persons who are not enrolled, but are entitled to be enrolled on the electoral roll for the district because of section 64(1)(a)(ii);
(c)
persons whose names are not on the electoral roll for the district because of official error;
(d)
persons who—
(i)
are not enrolled on the electoral roll for any district but are entitled to be enrolled on the electoral roll for the district; and
(ii)
after 6p.m. on the cut-off day for electoral rolls and no later than 6p.m. on the day before the polling day, have given a notice to the commission or an electoral registrar for the district under section 65.
(2)
A person is not entitled to vote—
(a)
more than once at the same election for an electoral district; or
(b)
at 2 or more elections for electoral districts held on the same day.
(3)
Also, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at an election for an electoral district.
(4)
For subsection (3), a person is serving a sentence of imprisonment only if—
(a)
the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and
(b)
the detention is attributable to the sentence of imprisonment concerned.
s 106 amd 2006 No. 41s 35G; 2011 No. 14s 8; 2011 No. 45s 231; 2019 No. 31s 27; 2023 No. 23s 70
Division 5
How voting takes place
Subdivision 1AA
Preliminary
pt 7 div 5 sdiv 1AA hdg ins 2019 No. 31s 28
106A
Particular references relating to an electoral district
For this division—
(a)
a reference to an electoral district in relation to an elector is a reference to the electoral district for which the elector is enrolled; and
(b)
a reference to a polling booth established for an electoral district, or otherwise in relation to an electoral district, is a reference to a polling booth at which an ordinary vote for the electoral district may be made; and
(c)
a reference to a returning officer in relation to an elector is a reference to the returning officer for the electoral district for which the elector is enrolled.
s 106A ins 2019 No. 31s 28
Subdivision 1
Ordinary voting
107
Procedure for voting
(1)
An elector is to vote by following the procedures set out in this section unless the elector—
(a)
makes a pre-poll ordinary vote under section 112; or
(b)
makes, or must make, a declaration vote under subdivision 3; or
(c)
makes an electronically assisted vote under subdivision 3A.
(2)
The elector is, during ordinary voting hours, to enter a polling booth for the elector’s electoral district.
(3)
In the polling booth, the elector must ask the issuing officer for a ballot paper for the electoral district.
(4)
If the elector—
(a)
has a ballot paper for the electoral district and declaration envelope for the election; and
(b)
does not intend to make a declaration vote under subdivision 3;
the elector must give the papers to the issuing officer.
(5)
The issuing officer must issue a ballot paper for the electoral district to a person if the issuing officer is satisfied the person is entitled to vote at the election for the electoral district.
(6)
The issuing officer may ask of a person requesting a ballot paper questions for the purpose of deciding whether the person is entitled to vote at the election for the electoral district.
(7)
The issuing officer must comply with section 121 if the issuing officer has asked questions under subsection (6) and suspects a person claiming to be a particular elector is not the elector.
(8)
The issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section.
(9)
The issuing officer must, if a scrutineer requests it, keep a record of any objection by the scrutineer to the entitlement of a person to vote.
(10)
On being given the ballot paper, the elector must, without delay—
(a)
go alone to an unoccupied voting compartment in the polling booth; and
(b)
there, in private, mark a vote on the ballot paper in accordance with section 122; and
(c)
fold the ballot paper to conceal the vote and put it in a ballot box in the polling booth; and
(d)
leave the polling booth.
s 107 amd 1997 No. 10s 7; 2011 No. 14s 9; 2014 No. 32s 9; 2015 No. 2s 4; 2019 No. 31s 29
108
Help to enable electors to vote at polling booths
(1)
Subject to subsection (2), if an elector satisfies an issuing officer that the elector is unable to vote without help, the elector may be accompanied in the polling booth by another person chosen by the elector.
(2)
The other person may help the elector in any of the following ways—
(a)
acting as an interpreter;
(b)
explaining the ballot paper and the requirements of section 122 relating to its marking;
(c)
marking, or helping the elector to mark, the ballot paper in the way the elector wishes;
(d)
folding the ballot paper and putting it in the ballot box.
(3)
If an elector (including an elector who makes or must make a declaration vote) is unable to enter a polling booth because of illness, disability or advanced pregnancy, but is able to come to a place (the voting place) close to the polling booth, then, subject to subsection (4)—
(a)
the issuing officer may perform the issuing officer’s functions; and
(b)
the voter may vote;
at the voting place as if it were the polling booth.
(4)
The issuing officer must—
(a)
before taking any action under subsection (3), inform any scrutineers present of the proposed action; and
(b)
allow only 1 scrutineer for each candidate to be present at the voting place; and
(c)
ensure that, after the ballot paper is marked, it is—
(i)
folded to conceal the vote; and
(ii)
put into an envelope and sealed; and
(d)
if the elector has made an ordinary vote—open the envelope inside the polling booth in the presence of any scrutineers and put the folded ballot paper in a ballot box.
s 108 amd 1994 No. 82s 8
109
Help to enable electors to vote at hospitals
(1)
If a polling booth is a hospital or part of a hospital, an issuing officer may visit patients in the hospital or the part of the hospital for the purpose of enabling them to vote.
(2)
When visiting a patient, the issuing officer must—
(a)
take to the patient—
(i)
a ballot paper or a ballot paper and declaration envelope; and
(ii)
a ballot box; and
(iii)
anything else necessary to enable the patient to vote; and
(b)
if a scrutineer wishes—be accompanied by the scrutineer.
(3)
The issuing officer must ensure that, so far as reasonably practicable, section 107 is complied with when the patient votes.
Subdivision 2
Pre-poll ordinary voting
pt 7 div 5 sdiv 2 hdg ins 2011 No. 14s 10
110
Pre-poll ordinary voting
(1)
This section applies to an elector, other than one who must make a declaration vote under subdivision 3, who—
(a)
wishes to vote before the polling day for an election; and
(b)
wishes to do so other than by making a declaration vote under subdivision 3.
(2)
If there is a pre-poll voting office for the elector’s electoral district, the elector may make a vote under section 112 (a pre-poll ordinary vote).
s 110 ins 2011 No. 14s 10
amd 2019 No. 31s 30
111
s 111 ins 2011 No. 14s 10
om 2019 No. 31s 31
112
Procedure for pre-poll ordinary voting
(1)
An elector who wishes to vote during the period beginning 3 days after the cut-off day for nominations and ending at 6p.m. on the day before polling day may make a pre-poll ordinary vote by following the procedures set out in this section.
(2)
The elector is to go to a pre-poll voting office for the elector’s electoral district.
(3)
At the pre-poll voting office, the elector must ask the issuing officer for a ballot paper for the electoral district.
(4)
If the elector—
(a)
has a ballot paper for the electoral district and declaration envelope for the election; and
(b)
does not intend to make a declaration vote under subdivision 3;
the elector must give the papers to the issuing officer.
(5)
The issuing officer must issue a ballot paper for the electoral district to a person if the issuing officer is satisfied the person is entitled to vote at the election for the electoral district.
(6)
The issuing officer may ask of a person requesting a ballot paper questions for the purpose of deciding whether the person is entitled to vote at the election for the electoral district.
(7)
The issuing officer must comply with section 121 if the issuing officer has asked questions under subsection (6) and suspects a person claiming to be a particular elector is not the elector.
(8)
The issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section.
(9)
The issuing officer must, if a scrutineer requests it, keep a record of any objection by the scrutineer to the entitlement of a person to vote.
(10)
On being given the ballot paper, the elector must, without delay—
(a)
go alone to an unoccupied voting compartment in the pre-poll voting office; and
(b)
there, in private, mark a vote on the ballot paper in accordance with section 122; and
(c)
fold the ballot paper to conceal the vote and put it in a ballot box in the pre-poll voting office; and
(d)
leave the pre-poll voting office.
s 112 ins 2011 No. 14s 10
amd 2014 No. 32s 10; 2015 No. 2s 5; 2019 No. 31s 32
113
Help to enable electors to vote at pre-poll voting offices
(1)
Subject to subsection (2), if an elector satisfies an issuing officer that the elector is unable to vote without help, the elector may be accompanied in the pre-poll voting office by another person chosen by the elector.
(2)
The other person may help the elector in any of the following ways—
(a)
acting as an interpreter;
(b)
explaining the ballot paper and the requirements of section 122 relating to its marking;
(c)
marking, or helping the elector to mark, the ballot paper in the way the elector wishes;
(d)
folding the ballot paper and putting it in the ballot box.
(3)
If an elector is unable to enter a pre-poll voting office because of illness, disability or advanced pregnancy, but is able to come to a place (the voting place) close to the pre-poll voting office, then, subject to subsection (4)—
(a)
the issuing officer may perform the issuing officer’s functions; and
(b)
the voter may vote;
at the voting place as if it were the pre-poll voting office.
(4)
The issuing officer must—
(a)
before taking any action under subsection (3), inform any scrutineers present of the proposed action; and
(b)
allow only 1 scrutineer for each candidate to be present at the voting place; and
(c)
ensure that, after the ballot paper is marked, it is—
(i)
folded to conceal the vote; and
(ii)
put into an envelope and sealed; and
(d)
open the envelope inside the pre-poll voting office in the presence of any scrutineers and put the folded ballot paper in a ballot box.
s 113 ins 2011 No. 14s 10
Subdivision 3
Declaration voting
114
Who may make a declaration vote
(1)
The following electors may make a declaration vote—
(a)
an elector who wishes to make a declaration vote before the polling day for an election;
(b)
an elector who is a special postal voter under subsection (2);
(c)
an elector who is an electoral visitor voter under subsection (3).
(2)
Each of the following electors is a special postal voter for the purposes of this Act—
(a)
an elector whose name is included in the register of special postal voters because of a written application that satisfies the commission that—
(i)
the elector’s address, as shown on an electoral roll immediately before the commencement of this paragraph, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or
(ii)
the elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or
(iii)
the elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act, section 184A(2)(b) to (k);
(b)
a silent elector.
(3)
Each of the following electors is an electoral visitor voter for the purposes of this Act—
(a)
an elector who will, because of illness, disability or advanced pregnancy, be prevented from voting at a polling booth;
(b)
an elector who will, because the elector is caring for a person who is ill, has a disability or is pregnant, be prevented from voting at a polling booth.
(4)
The commissioner must, not less than 18 months but not more than 3 years after the return of the writ for an election, review the continuing eligibility to make a declaration vote of electors who are special postal voters.
(5)
To do so, the commissioner must require each elector whose name is included in the register of special postal voters because of a circumstance mentioned in subsection (2)(a)(i) or (ii) to advise, in the approved form, whether the elector still lives at the address shown on the electoral roll.
(6)
As part of the review, the commission must do a random check of approved forms given to the commission under subsection (5) to decide whether the signature on each approved form checked is the same as the signature on the approved form’s corresponding application for enrolment.
s 114 amd 1996 No. 79s 40; 2002 No. 8s 16; 2006 No. 41s 35H; 2014 No. 32s 11; 2019 No. 31s 33; 2023 No. 23s 71
115
Who must make a declaration vote
The following electors must make a declaration vote—
(a)
an elector who wishes to vote by going on a polling day to a polling booth that has not been established for the elector’s electoral district;
(b)
an elector who wishes to vote by going to a polling booth described in section 99(4) or (8) that has not been established for the elector’s electoral district;
(c)
an elector whose name is not on the electoral roll for an electoral district because of an official error;
(d)
an elector who goes on a polling day to a polling booth but is not able to make an ordinary vote at the polling booth for a reason that is beyond the elector’s control;
Example of a reason beyond an elector’s control why the elector cannot make an ordinary vote—
an electronic copy of the electoral roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the electoral roll for the electoral district
(e)
an elector to whom section 106(1)(b) or (d) applies;
(f)
an elector who is serving a sentence of imprisonment, or is otherwise detained in lawful custody, on the polling day;
(g)
an elector who appears from a record made in error to have already voted in the election for any electoral district;
(h)
an elector who is given a ballot paper and declaration envelope under section 121.
s 115 amd 1994 No. 82s 9; 1997 No. 10s 8; 2011 No. 14s 11; 2019 No. 31s 34
116
Ways in which an elector may make a declaration vote
Subject to section 121, an elector who may or must make a declaration vote is to do so by—
(a)
if the elector is unable to enter a polling booth because of illness, disability or advanced pregnancy—going to a place close to a polling booth and voting under section 108(3); or
(b)
going during voting hours to a polling booth and following the procedures set out in section 117; or
(c)
if the person is a postal voter—using the ballot paper and declaration envelope that have been posted to the elector under section 119 or 123B and following the procedures set out in that section; or
(d)
if the person is an electoral visitor voter—voting before an electoral visitor following the procedures set out in section 120.
s 116 amd 2019 No. 31s 35
117
Making a declaration vote at a polling booth
(1)
An elector who may or must make a declaration vote may enter a polling booth during voting hours and request a ballot paper for an electoral district and declaration envelope from an issuing officer.
(2)
The issuing officer must comply with the request unless the issuing officer is satisfied that the elector may make an ordinary vote for the elector’s electoral district at the polling booth.
(3)
The issuing officer must keep a record of all persons to whom the officer gives a ballot paper and declaration envelope under this section.
(4)
The issuing officer must, if a scrutineer requests it, record on the declaration envelope any objection by the scrutineer to the right of the person to vote.
(5)
On being given the ballot paper and declaration envelope, the elector must, without delay—
(a)
sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and
(b)
go alone to an unoccupied voting compartment in the polling booth; and
(c)
there, in private, mark a vote on the ballot paper in accordance with section 122; and
(d)
place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling booth; and
(e)
leave the polling booth.
(6)
Sections 108 and 109 apply to the making of a vote under this section in the same way, subject to any necessary changes, as they apply to the making of a vote under section 107.
s 117 amd 2019 No. 31s 36
118
s 118 om 2019 No. 31s 37
119
Making a declaration vote using posted voting papers
(1)
A special postal voter or ordinary postal voter may make a declaration vote under this section using a ballot paper and declaration envelope sent to the elector.
(2)
An elector is an ordinary postal voter if—
(a)
the elector makes a request (a postal vote request) to the commission or returning officer to make a declaration vote using a ballot paper and declaration envelope sent to the elector; and
(b)
the elector’s postal vote request is received by the commission or returning officer not later than 7p.m. on the day that is 12 days before the polling day for the election.
Note—
The polling day for an election is always a Saturday—see the Constitution of Queensland 2001, sections 19B and 19F and section 84(1)(d) of this Act. The day that is 12 days before the polling day for an election is 2 Mondays before the polling day.
(3)
A postal vote request—
(a)
may be made by the elector orally or in writing; and
(b)
if the request is written—
(i)
must be in the approved form; and
(ii)
may be given to the commission or returning officer by the elector or someone else; and
(c)
must state the address to which the ballot paper is to be sent.
(4)
The commission must, as soon as practicable after the issue of the writ for an election, post a ballot paper and declaration envelope to each special postal voter.
(5)
Also, the commission must post, deliver or otherwise send a ballot paper and declaration envelope to an ordinary postal voter as soon as practicable after receiving the elector’s postal vote request.
(6)
If the commission or returning officer receives a postal vote request for an elector after the time mentioned in subsection (2)(b), the commission or returning officer must give the elector a written notice that states the elector is not entitled to make a declaration vote under this section.
(7)
Returning officers and the commission must keep a record of all ballot papers and declaration envelopes posted, delivered or sent under this section.
(8)
Subject to subsection (10), on receiving the ballot paper and declaration envelope, the elector must—
(a)
sign the appropriate declaration on the declaration envelope before another elector or a person approved by the commission for the purposes of this paragraph and have the other elector or person sign the envelope as witness; and
(b)
mark a vote on the ballot paper in accordance with section 122; and
(c)
place the ballot paper in the envelope and seal the envelope; and
(d)
either—
(i)
give the envelope to a member of the commission’s staff at a pre-poll voting office before polling day or at a polling booth on polling day; or
(ii)
post or send the envelope, or give it to another person to post or send, to the commission or the returning officer.
(9)
If the elector is unable to vote without help, another person may help by doing any of the things mentioned in subsection (8)(b) to (d) on behalf of the elector.
(10)
A member of the commission’s staff who is given an envelope under subsection (8)(d)(i) must—
(a)
if it is given before polling day—send the envelope to the appropriate returning officer or put the envelope in a ballot box at the office; or
(b)
if it is given on polling day—put the envelope in a ballot box at the office.
Note for subsection (10)—
Section 125 sets out the process for examining declaration envelopes and preparing the ballot papers in them for counting.
s 119 amd 1997 No. 10s 9; 2011 No. 14s 12; 2014 No. 32s 12; 2019 No. 31s 38
120
Electoral visitor voting
(1)
An electoral visitor voter may give a request to vote as an electoral visitor voter to the commission or returning officer.
(2)
The request—
(a)
must—
(i)
be in writing; and
(ii)
be in the approved form; and
(iii)
state the address the electoral visitor is to visit; and
(b)
may be given to the commission or returning officer by the elector or someone else.
(3)
If the request is received not later than 7p.m. on the Wednesday before polling day, the commission or the returning officer must ensure that an issuing officer visits the elector for the purpose of enabling the person to vote.
(4)
The issuing officer must visit the elector at a reasonable hour—
(a)
before polling day; or
(b)
before 6p.m. on polling day.
(5)
When visiting the elector, the issuing officer must—
(a)
take to the elector—
(i)
a ballot paper; and
(ii)
a ballot box; and
(iii)
anything else necessary to enable the elector to vote; and
(b)
if a scrutineer wishes—be accompanied by the scrutineer.
(6)
The commission may require the issuing officer to present ‘how to vote’ material to the elector and present the material in a particular way.
Example—
The commission may require the issuing officer to give particular ‘how to vote’ material to the elector or to paste the material on a manila folder and show it to the elector.
(7)
The issuing officer must comply with the requirement under subsection (6).
(8)
The issuing officer must ensure, as far as practicable, section 107 is complied with when the elector votes.
(9)
The elector may ask a person to help the elector in any of the following ways—
(a)
acting as an interpreter;
(b)
explaining the ballot paper and the requirements of section 122 about its marking;
(c)
marking, or helping the elector to mark, the ballot paper in the way the elector wishes;
(d)
folding the ballot paper and putting it in the ballot box.
(10)
The elector may make an ordinary vote or declaration vote.
s 120 amd 1994 No. 82s 10; 1995 No. 24s 12; 1997 No. 10s 10; 2014 No. 32s 13; 2019 No. 31s 39
121
Making a declaration vote in cases of uncertain identity
(1)
If section 107(7) or 112(7) applies for a person who is an elector or a person claiming to be an elector, the issuing officer must give the person a declaration envelope.
(2)
The declaration envelope must have on it the following questions—
(a)
Are you the same person whose name appears as [here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll in relation to the name]?
(b)
Have you already voted, either here or elsewhere, at the present election for this electoral district or any other electoral district?
(3)
The person must write answers to the questions on the envelope, sign the envelope and have the signature witnessed by the issuing officer.
(4)
If the person does not answer the questions or answers in either or both of the following ways—
(a)
in the negative to the question in subsection (2)(a);
(b)
in the affirmative to the question in subsection (2)(b);
the issuing officer must retain the envelope and tell the person that he or she is not entitled to vote.
(5)
The person must then leave the polling place.
(6)
If subsection (4) does not apply, the issuing officer must give the person a ballot paper.
(7)
The person must, without delay—
(a)
go alone to an unoccupied voting compartment at the polling place; and
(b)
there, in private, mark a vote on the ballot paper in accordance with section 122; and
(c)
place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and
(d)
leave the polling place.
(8)
Sections 108 and 109 apply to the making of a vote under this section in the same way, subject to any necessary changes, as they apply to the making of a vote under section 107.
s 121 amd 2011 No. 14s 13; 2014 No. 32s 14
Subdivision 3A
Electronically assisted voting
pt 7 div 5 sdiv 3A hdg ins 2014 No. 32s 15
121A
Who may make an electronically assisted vote
An elector may make an electronically assisted vote if—
(a)
the elector can not vote without assistance because the elector has—
(i)
an impairment; or
(ii)
an insufficient level of literacy; or
(b)
the elector can not vote at a polling booth because of an impairment; or
(c)
the elector is a member of a class of elector prescribed under a regulation for this section.
Examples of a class of elector—
•
an elector whose address, as shown on an electoral roll, is more than 20km by the nearest practical route from a polling booth
•
an elector who will not, throughout ordinary voting hours on polling day, be within Queensland
s 121A ins 2014 No. 32s 15
121B
Prescribed procedures for electronically assisted voting
(1)
The commission may make procedures about how an elector may make an electronically assisted vote for an election.
(2)
The procedures must provide for the following—
(a)
the registration of electors who may make an electronically assisted vote for an election under section 121A;
(b)
the authentication of each electronically assisted vote;
(c)
the recording of each elector who uses electronically assisted voting;
(d)
ensuring the secrecy of each electronically assisted vote;
(e)
the secure transmission of each electronically assisted vote to the commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing;
(f)
the printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote;
(g)
the secure delivery of each printed ballot paper to the returning officer for the appropriate electoral district or to the commission.
(3)
The procedures—
(a)
do not take effect until approved by a regulation; and
(b)
must be tabled in the Legislative Assembly with the regulation approving the procedures; and
(c)
must be published on the commission’s website.
s 121B ins 2014 No. 32s 15
121C
Audit of electronically assisted voting for an election
(1)
The commission must appoint an independent person to audit the information technology used under the procedures for electronically assisted voting made under section 121B.
(2)
The audit must be conducted—
(a)
at least 7 days before the cut-off day for the nomination of candidates; and
(b)
within 60 days after the polling day for the election.
(3)
However, an audit does not need to be conducted in relation to a by-election unless the commissioner considers that there has been a significant change in the information technology used under the procedures for electronically assisted voting since the last audit was conducted.
(4)
A person appointed under subsection (1) must be an individual who is not, and has not ever been, a member of a political party.
(5)
The person appointed to conduct the audit may make recommendations to the commission to reduce or eliminate risks that could affect the security, accuracy or secrecy of electronically assisted voting.
(6)
A regulation may prescribe requirements about the conduct of an audit under this section.
s 121C ins 2014 No. 32s 15
amd 2023 No. 23s 72
121D
Protection of information technology
(1)
A person must not disclose to another person a source code or other computer software relating to electronically assisted voting, unless the person is authorised to do so under—
(a)
the procedures made under section 121B; or
(b)
an agreement entered into by the person with the commissioner.
Maximum penalty—40 penalty units or 6 months imprisonment.
(2)
A person must not, without reasonable excuse, destroy or interfere with a computer program, data file or electronic device used for or in connection with electronically assisted voting.
Maximum penalty—100 penalty units or 2 years imprisonment.
s 121D ins 2014 No. 32s 15
121E
Commissioner may decide electronically assisted voting is not to be used
(1)
The commissioner may decide that electronically assisted voting is not to be used—
(a)
at a particular election; or
(b)
by a class of electors at a particular election.
(2)
The commissioner’s decision must be in writing and published on the commission’s website.
s 121E ins 2014 No. 32s 15
121F
Review of electronically assisted voting
(1)
On the request of the Minister following a general election, the commissioner must conduct—
(a)
a review of the use of electronically assisted technology for the general election; and
(b)
an investigation into extending the use of electronically assisted voting to other electors for elections.
(2)
A report on the review and investigation must be given to the Minister.
(3)
The Minister must, within 14 days after receiving the report, table the report in the Legislative Assembly.
s 121F ins 2014 No. 32s 15
Subdivision 4
Marking of ballot papers
122
How electors must vote
(1)
An elector must vote in accordance with—
(a)
if the elector votes using electronically assisted voting—the procedures approved under section 121B(3); or
(b)
otherwise—subsections (2) and (3).
(2)
An elector must vote by writing on a ballot paper—
(a)
the number 1 in the square opposite the name of the candidate for whom the elector votes as the elector’s first preference; and
(b)
the numbers 2, 3 and so on in the squares opposite the names of all the other candidates to indicate the order of the elector’s preferences for them.
(3)
The numbers mentioned in subsection (2)(b) must be consecutive numbers, without the repetition of a number.
s 122 amd 2014 No. 32s 16; 2016 No. 20s 13B
123
Formal and informal ballot papers
(1)
Subject to this section, for a ballot paper to have effect to indicate a vote for the purposes of this Act—
(a)
the ballot paper must contain writing that is in accordance with section 122 or other writing or marks that indicate the voter’s intended order of preferences; and
(b)
the ballot paper must not contain any writing or mark (other than as authorised by this Act) by which the elector can be identified; and
(c)
the ballot paper must have been put into a ballot box as required by this Act; and
(d)
if the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act.
(2)
A ballot paper is taken to contain writing or marks that indicate the voter’s intended order of preferences, even though the square opposite the name of 1 of the candidates has been left blank, if—
(a)
the voter has written the numbers 1, 2, 3 and so on in all the squares opposite the candidates’ names except for the blank square; and
(b)
the numbers mentioned in paragraph (a) are consecutive numbers, without the repetition of a number.
(2A)
A ballot paper mentioned in subsection (2) is taken to indicate that the candidate whose name is opposite the blank square is the voter’s last preference.
(3)
Subsection (1)
(d) does not apply to the witnessing of a signature if—
(a)
the person required to witness the signature was a member of the commission’s staff; and
(b)
the person certifies in writing to the returning officer that the envelope was signed by the elector concerned.
(4)
If a ballot paper has effect to indicate a vote, it is a formal ballot paper.
(5)
If a ballot paper does not have effect to indicate a vote, it is an informal ballot paper.
s 123 amd 1997 No. 10s 11; 2014 No. 32s 17; 2016 No. 183s 13C
Subdivision 5
Replacement ballot papers
pt 7 div 5 sdiv 5 hdg ins 2019 No. 31s 40
123A
Replacement ballot paper issued at polling place
(1)
This section applies if, while voting at a polling place, an elector—
(a)
satisfies an issuing officer that—
(i)
a ballot paper given to the elector (the spoilt ballot paper) is marked, damaged or destroyed to the extent that it can not be used to make a vote; and
(ii)
the spoilt ballot paper has not been put in a ballot box in the polling place; and
(iii)
the elector has not voted in the election; and
(b)
gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.
(2)
The issuing officer must give the elector another ballot paper.
(3)
The issuing officer must also—
(a)
place the spoilt ballot paper in an envelope and seal the envelope; and
(b)
keep the envelope for separate identification under section 127.
s 123A ins 2019 No. 31s 40
123B
Replacement ballot paper issued to postal voter
(1)
This section applies if a ballot paper for an election and declaration envelope is sent to an elector under section 119 and either—
(a)
the elector does not receive the ballot paper and declaration envelope; or
(b)
the ballot paper (the spoilt ballot paper) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote.
(2)
The elector may ask the commission or returning officer for a replacement ballot paper.
(3)
If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper is to be sent.
(4)
An issuing officer must—
(a)
if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or
(b)
post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.
(5)
When the elector makes a declaration vote under subdivision 3, the elector must make the declaration on the declaration envelope that states—
(a)
the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and
(b)
the elector has not otherwise voted in the election.
(6)
The commission and returning officers must keep a record of all ballot papers and declaration envelopes given or sent under this section.
s 123B ins 2019 No. 31s 40
Division 6
Counting of votes
124
Votes to be counted and ballot boxes opened in accordance with division
(1)
Votes at an election are to be counted in accordance with this division.
(2)
A ballot box used for an election must only be opened in accordance with this division.
s 124 amd 2019 No. 31s 41
125
Preliminary processing of declaration envelopes and ballot papers
(1)
The commission or the returning officer for each electoral district must ensure that members of the commission’s staff examine all declaration envelopes received by the commission or returning officer to determine whether the ballot papers in them are to be accepted for counting.
(2)
A ballot paper must be accepted for counting only if the person examining the declaration envelope is satisfied that—
(a)
the elector concerned was entitled to vote at the election; and
(b)
the declaration was signed and witnessed before the end of voting hours on polling day; and
(c)
if the declaration on the envelope was witnessed by a person other than a member of the commission’s staff—the requirements of section 119(8)(d) were complied with; and
(d)
if the ballot paper is in a declaration envelope received by post—the envelope was received before 6p.m. on the 10th day after polling day for the election.
(3)
If the ballot paper is accepted, the person must take it out of the envelope and, without unfolding it or allowing another person to unfold it, put it in—
(a)
if the envelope was received by the returning officer and not sent to the commission to be dealt with under this section—a sealed ballot box; and
(b)
if the envelope was received by the commission—a sealed ballot box in which ballot papers for the appropriate electoral district, and no other ballot papers, are placed.
(4)
If a declaration envelope received by a returning officer is for a different electoral district, it must be sent to the commission or the appropriate returning officer without being examined under this section.
(5)
Members of the commission’s staff must also seal up in separate parcels, and keep, all unopened envelopes and all opened envelopes.
(6)
The commission or returning officer must advise all candidates at the election of the times when, and places where, declaration envelopes will be examined under this section.
(7)
Declaration envelopes may be examined under this section before or after polling day for the election.
s 125 amd 1997 No. 10s 12; 2014 No. 32s 18; 2019 No. 31s 42
125A
Saving of ballot papers not in declaration envelopes
(1)
This section applies if—
(a)
the commission or the returning officer for an electoral district receives an envelope (an outer envelope) containing a ballot paper and a declaration envelope; but
(b)
the ballot paper is not in the declaration envelope.
(2)
Members of the commission’s staff must—
(a)
examine the contents of the outer envelope under section 125 to determine whether the ballot paper in the outer envelope is to be accepted for counting; and
(b)
deal with the ballot paper in the outer envelope under section 125 as if the ballot paper had been in the declaration envelope.
s 125A ins 2023 No. 23s 73
126
Preliminary and official counting of votes
The commission must arrange for votes to be counted—
(a)
on polling day—in accordance with section 127; and
(b)
after polling day—in accordance with section 128; and
(c)
in accordance with the procedures made under section 130A.
s 126 amd 2019 No. 31s 43
126A
s 126A ins 1994 No. 82s 15
amd 2008 No. 47s 5 (retro)
om 2011 No. 14s 14A
126B
s 126B ins 1994 No. 82s 15
amd 2008 No. 47s 6 (retro)
om 2011 No. 14s 14A
126C
s 126C ins 1994 No. 82s 15
amd 1995 No. 58s 4sch 1; 2008 No. 47s 7 (retro)
om 2011 No. 14s 14A
126D
s 126D ins 1994 No. 82s 15
om 2011 No. 14s 14A
127
Preliminary counting of ordinary votes
(1)
As soon as practicable after the end of ordinary voting hours on polling day, the member of the commission’s staff in charge of a polling booth must ensure that the commission’s staff at the polling place follow the procedures—
(a)
set out in subsections (2), (3) and (6); and
(b)
made under section 130A.
(2)
The staff must—
(a)
open all ballot boxes at the polling booth, including ballot boxes in which ballot papers from declaration envelopes have been placed under section 125(3); and
(b)
identify and keep in separate parcels for each different electoral district—
(i)
all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and
(ii)
all declaration envelopes; and
(iii)
all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and
(c)
for each electoral district for which ordinary votes are to be counted at the polling booth—
(i)
arrange, and place in separate parcels under the names of the candidates for the electoral district, all formal ballot papers (including formal ballot papers printed for electronically assisted votes) on which a first preference vote is indicated for the same candidate; and
(ii)
count the first preference votes on formal ballot papers for each candidate; and
(iii)
count, and keep in a separate parcel, the informal ballot papers; and
(iv)
prepare and sign a statement, in the approved form, setting out—
(A)
the number of first preference votes for each candidate; and
(B)
the number of informal ballot papers; and
(v)
advise the returning officer for the electoral district of the contents of the statement; and
(d)
for each electoral district to which paragraph (c) does not apply, identify and keep in a separate parcel—
(i)
all formal ballot papers, including ballot papers printed for electronically assisted votes; and
(ii)
all informal ballot papers, including ballot papers printed for electronically assisted votes; and
(e)
for each separate parcel of ballot papers or declaration envelopes—
(i)
seal the parcel; and
(ii)
write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and
(iii)
sign the description; and
(iv)
if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and
(f)
send the parcels, and the statements mentioned in subsection (2)(c)(iv), to the returning officer for the appropriate electoral district.
(3)
Also, the staff must—
(a)
identify all envelopes containing spoilt ballot papers for each different electoral district; and
(b)
keep the envelopes in a separate parcel; and
(c)
deal with the parcel in the way stated in subsection (2)(e) and (f) as if the reference in that subsection to ballot papers were a reference to envelopes containing spoilt ballot papers.
(4)
This section also applies, in the way stated in subsection (5), to the following votes received by the commission—
(a)
votes received under section 125 for an electoral district;
(b)
pre-poll ordinary votes for an electoral district made at a pre-poll voting office;
(c)
ballot papers printed for electronically assisted votes at a place other than a polling booth.
(5)
This section applies to the votes mentioned in subsection (4) in the same way it would apply if an office of the commission, or a pre-poll voting office, were a polling booth for an electoral district—
(a)
to the extent it is reasonably practicable to count the votes on polling day; and
(b)
subject to any changes prescribed by regulation and any other necessary changes.
(6)
If the commission considers it appropriate for gaining an indication of the candidate most likely to be elected for an electoral district, the commission may require the commission’s staff to—
(a)
count the preference votes in the way required by the commission; and
(b)
prepare and sign a statement of the number of preference votes (other than first preference votes) for each candidate; and
(c)
advise the returning officer for the electoral district of the contents of the statement.
s 127 amd 1994 No. 82s 11; 2011 No. 14s 14; 2014 No. 32s 19
sub 2019 No. 31s 44
128
Official counting of votes
(1)
As soon as practicable after polling day, the returning officer for each electoral district must ensure that the commission’s staff follow the procedures set out in this section and made under section 130A.
(2)
Firstly, the staff must—
(a)
open all ballot boxes in relation to the electoral district that have not previously been opened; and
(b)
identify and keep in separate parcels for each different electoral district—
(i)
all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and
(ii)
all declaration envelopes; and
(iii)
all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and
(c)
for each parcel for an electoral district other than the returning officer’s electoral district—
(i)
seal the parcel; and
(ii)
write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and
(iii)
sign the description; and
(iv)
if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and
(d)
send the parcels to the returning officer for the appropriate electoral district.
(3)
Secondly, the staff must—
(a)
open—
(i)
the parcels mentioned in subsection (2)(b) for the returning officer’s electoral district; and
(ii)
all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 127; and
(b)
follow the procedures set out in section 125 for all declaration envelopes; and
(c)
arrange all formal ballot papers under the names of the candidates for the election by placing in a separate parcel all those on which a first preference vote is indicated for the same candidate; and
(d)
count the first preference votes for each candidate on all of the formal ballot papers.
(4)
Thirdly, the staff must—
(a)
open all ballot boxes on hand in which ballot papers from declaration envelopes have been placed under section 125(3); and
(b)
arrange all formal ballot papers under the names of the candidates for the election by placing in a separate parcel all those on which a first preference vote is indicated for the same candidate; and
(c)
count the first preference votes for each candidate on all of the formal ballot papers and add the number to that obtained under subsection (3)(d); and
(d)
reapply paragraphs (a) to (c) as more envelopes are placed in ballot boxes under section 125(3), until there are no more envelopes required to be placed in ballot boxes under that section.
(5)
If, because of final counting under subsection (4), a majority of the first preference votes is for 1 candidate, that candidate is elected.
(6)
If not, then a second count must take place.
(7)
On the second count—
(a)
the candidate who has the fewest first preference votes must be excluded; and
(b)
each ballot paper recording a first preference vote for that candidate must be transferred to the candidate next in the order of the voter’s preference; and
(c)
that ballot paper must be counted as a vote for that candidate.
(8)
If, on the second count, a candidate has a majority of the votes remaining in the count, the candidate is elected.
(9)
If not, the process of—
(a)
excluding the candidate who has the fewest votes; and
(b)
transferring each ballot paper of that candidate to the continuing candidate next in the order of the voter’s preference; and
(c)
counting it to that candidate as a vote;
must be repeated until 1 candidate has a majority of the votes remaining in the count.
(10)
The candidate who, under subsection (9), has a majority of the votes remaining in the count is elected.
(11)
Despite subsections (7) and (9), the process of transferring a ballot paper to a continuing candidate and counting it to the candidate as a vote must not be repeated if there is only 1 continuing candidate, but that candidate is elected.
(12)
If, on any count at which the candidate with the fewest number of votes must be excluded, 2 or more candidates have an equal number of votes and that number is fewer than the number of votes of any other candidate—
(a)
the candidate who had the fewest number of votes at the last count at which the candidates did not have an equal number of votes must be excluded; or
(b)
if the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (13) must be excluded.
(13)
For the purposes of subsection (12)(b), the returning officer must—
(a)
write the names of the candidates who have an equal number of votes on similar slips of paper; and
(b)
fold the slips to prevent the names being seen; and
(c)
place the slips in an opaque container; and
(d)
mix the slips; and
(e)
raise the container so that its contents are not visible and choose a slip at random.
(14)
If, on any count at which the candidate with the fewest number of votes must be excluded, 2 or more candidates have an equal number of votes and the candidates are the only continuing candidates—
(a)
the returning officer must refer the matter to the commission, which must refer it to the Court of Disputed Returns; and
(b)
the court must determine the validity of any disputed ballot papers and recount all of the ballot papers by applying subsection (3)(b) and (c) and subsections (5) to (12); and
(c)
if the determination and recount results in a candidate being elected—the court must declare the candidate elected; and
(d)
if not—the court must order that a fresh election be held.
(15)
Subsection (14) does not affect the jurisdiction of the court under part 8 in relation to the disputing of an election.
s 128 amd 1994 No. 82s 2sch; 2014 No. 32s 20; 2016 No. 183s 13D; 2019 No. 31s 45
129
Objections by scrutineers
(1)
If, while a member of the commission’s staff is complying with section 127 or 128, a scrutineer objects to the member’s treatment of a ballot paper as informal, the member must mark on the back of it ‘formal’ or ‘informal’ according to whether the member’s decision is to treat it as formal or informal.
(2)
If, while a member of the commission’s staff is complying with section 127 or 128, a scrutineer objects to the counting of a vote for a particular candidate, the member must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted.
130
Recounting of votes
(1)
At any time before—
(a)
a returning officer notifies the election of a candidate under section 131; or
(b)
the commission refers a matter to the Court of Disputed Returns under section 128(14);
the commission may direct the returning officer, or another member of the commission’s staff, to recount some or all of the ballot papers for the election.
(2)
A returning officer may recount some or all of the ballot papers for an election at any time before the returning officer notifies the election of a candidate.
(3)
A person carrying out a recount of ballot papers must, so far as practicable, ensure that the requirements of section 128 are complied with.
(4)
This section does not limit by implication section 31(4) or 32(10).
130A
Prescribed procedures for counting of absentee votes
(1)
The commission must make procedures about how, subject to this division, absentee votes at an election are to be counted.
(2)
The procedures must provide for—
(a)
the circumstances in which absentee votes are counted at a polling booth under section 127; and
(b)
ensuring absentee votes are counted at polling places in a way that does not compromise the secrecy of voting; and
(c)
the secure delivery of sealed ballot boxes, and sealed parcels of ballot papers and declaration envelopes, containing absentee votes to the returning officer for the appropriate electoral district or the commission; and
(d)
the arrangements for scrutineers to be present when absentee votes are counted and their roles and responsibilities.
(3)
The procedures—
(a)
do not take effect until approved by a regulation; and
(b)
must be tabled in the Legislative Assembly with the regulation approving the procedures; and
(c)
must be published on the commission’s website.
(4)
In this section—
absentee vote means an ordinary vote made by an elector at a polling booth that is not located in the elector’s electoral district.
s 130A ins 2019 No. 31s 46
Division 7
Notifying the results of elections etc.
131
Notifying the results of an election
(1)
As soon as practicable after a candidate is elected under section 94 or 128 (including that section as applied under section 130), the returning officer for the electoral district must notify the commission of the name of the candidate elected for the electoral district.
(2)
A returning officer must not delay complying with subsection (1) because ballot papers have not been received if it is clear that the ballot papers could not possibly affect the election of a candidate.
132
Return of writ for election
(1)
As soon as practicable after the commission has received—
(a)
in the case of a general election—the copies of the notifications under section 131(1) from the returning officers for all electoral districts; and
(b)
in any other case—the copy of the notification under section 131(1) from the returning officer for the electoral district in relation to which the election was held;
and before the day for the return of the writ, the commission must comply with subsection (2).
(2)
The commission must—
(a)
write on the writ the name of each candidate elected; and
(b)
return the writ to whichever of the Governor or the Speaker of the Legislative Assembly issued the writ; and
(c)
publish in the gazette the name of each candidate elected.
133
Counting for information purposes
After a candidate is elected for an electoral district under section 128 (including that section as applied under section 130), the commission may direct the returning officer for the electoral district to examine ballot papers for the purpose of obtaining further information about the preferences of voters.
133A
Election and elector information
(1)
After the writ for an election is returned, the commission must publish on the commission’s website—
(a)
the number of first preference votes given for each candidate in the election; and
(b)
information about the distribution of preference votes, other than first preference votes, given for the candidates for election in each electoral district.
(2)
Also, after the writ for an election is returned, a registered political party or independent member (each a requester) may ask the commission for elector information for the election.
(3)
The commission must comply with a request under subsection (2) by giving the requester the elector information about each elector who—
(a)
was enrolled, for the election, on the electoral roll for—
(i)
for a request made by a registered political party—each electoral district; or
(ii)
for a request made by an independent member—the electoral district for which the member was elected; and
(b)
voted in the election.
(4)
The elector information about an elector who voted in an election is—
(a)
the elector’s name and address; and
(b)
whether the elector voted in person, by post or in another way; and
(c)
if the elector voted in person at a polling place in the electoral district for which the elector was enrolled for the election—the location of the polling place.
(5)
However, the commission must not give elector information about a silent elector to a registered political party or independent member.
(6)
A person must not use, disclose to another person or allow another person to access elector information given to a registered political party or independent member under this section, unless the use, disclosure or giving of access is for a purpose related to an election.
Maximum penalty for subsection (6)—200 penalty units.
(7)
In this section—
independent member means an elected member who is not a member of a registered political party.
s 133A ins 2019 No. 31s 47
134
Notice of failure to vote etc.
(1)
Subject to subsection (2), the commission may, as soon as practicable after an election, send a notice to each elector who appears to have failed to vote at the election—
(a)
stating that—
(i)
the elector appears to have failed to vote at the election; and
(ii)
it is an offence to fail, without a valid and sufficient reason, to vote at an election; and
(iii)
the elector may, if the elector considers he or she has committed the offence, pay one-half a penalty unit (the penalty) to the commission by a specified day, not earlier than 21 days after the elector received the notice (the appropriate day), and, if the commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; and
(b)
requiring the elector—
(i)
if the elector intends paying the penalty by the appropriate day—to sign the appropriate form for payment of the penalty and include payment of the penalty; and
(ii)
if the elector does not intend paying the penalty by the appropriate day—to state, in a form included in or with the notice, whether the elector voted and, if not, the reason for failing to vote; and
(iii)
to sign the form and post or give it to the commission so that it is received by the appropriate day.
(2)
The elector must comply with the requirements of the notice.
(3)
If—
(a)
the elector is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and
(b)
another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed;
the first elector is taken to have complied with the requirements.
(4)
As soon as practicable after an election, the commission must send a notice to each person who made a declaration vote under section 115(c), but whose ballot paper was not accepted for counting under section 125(1), advising the person why the ballot paper was not accepted for counting.
s 134 amd 1994 No. 82s 12; 1997 No. 10s 13; 2010 No. 42s 39sch
135
Payments for failure to vote
(1)
If the commission sends a person a notice under section 134(1) for an election and the person makes payment to the commission under the subsection, the commissioner must—
(a)
accept the payment; and
(b)
give the person a receipt for the payment; and
(c)
not take any proceeding against the person for failing to vote at the election.
(2)
In this section—
proceeding includes serving an infringement notice under the State Penalties Enforcement Act 1999.
s 135 ins 1994 No. 82s 13
amd 1999 No. 70s 166sch 1
136
Storage of ballot papers and declaration envelopes
(1)
The commission must keep the following material for an election for the period that applies under subsection (2)—
(a)
formal and informal ballot papers for the election;
(b)
certified copies of electoral rolls;
(c)
declaration envelopes.
(2)
For subsection (1), the period starts on the polling day for the election and ends on the latest of the following days—
(a)
the day that is 1 year after the polling day for the election;
(b)
if the material relates to an application to dispute an election or an appeal—the day on which—
(i)
the application is withdrawn; or
(ii)
if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or
(iii)
if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or
(iv)
the appeal is decided, dismissed or withdrawn;
(c)
if the commission has authorised a person, including, for example, a person who conducts research at a university, to use the materials for analysis or research—the day on which—
(i)
the person finishes the analysis or research; or
(ii)
the person no longer requires the materials for the analysis or research; or
(iii)
the commission withdraws the authorisation.
(3)
However, the commission must comply with any order by a court, or any request by the commissioner of the Queensland Police Service, to hand over, allow access to or provide copies of any ballot papers or declaration envelopes.
(4)
In this section—
appeal means an appeal started under part 8, division 4.
application to dispute an election means an application to dispute an election under part 8, division 2.
s 136 amd 1994 No. 82s 14; 2019 No. 31s 48
Part 8
Court of Disputed Returns
pt 8 hdg (prev pt 7 hdg) renum 1994 No. 82s 2sch
Division 1
Court of Disputed Returns
137
Supreme Court to be Court of Disputed Returns
(1)
The Supreme Court is the Court of Disputed Returns for the purposes of this Act, the Local Government Electoral Act 2011 and the Referendums Act 1997.
(2)
A single judge may constitute, and exercise all the jurisdiction and powers of, the Court of Disputed Returns.
(3)
For subsection (2), the Chief Justice may be the single judge or appoint another Supreme Court judge to be the single judge.
s 137 amd 1997 No. 11s 102sch 2; 2007 No. 37s 63; 2011 No. 27s 262
Division 2
Disputing elections
138
Election may be disputed under this part
(1)
The election of a person may be disputed by an application to the Court of Disputed Returns under this division or an appeal under division 4.
(2)
The election may not be disputed in any other way.
s 138 amd 2001 No. 25s 5
139
Who may dispute the election
An election may be disputed by—
(a)
a candidate at the election for the electoral district concerned; or
(b)
an elector for the electoral district concerned; or
(c)
the commission; or
(d)
a person who the commission decided was not properly nominated.
Note—
See section 90 (Grounds for deciding a person is not properly nominated).
s 139 amd 1994 No. 82s 16
140
Requirements for an application to be effective
(1)
For an application to have effect for the purposes of this division, the requirements of this section must be complied with.
(2)
The application must—
(a)
set out the facts relied on to dispute the election; and
(b)
set out the order sought from the Court of Disputed Returns; and
(c)
be signed by—
(i)
in the case of an application by the commission—the electoral commissioner; and
(ii)
in any other case—the applicant before a witness; and
(d)
if paragraph (c)(ii) applies—contain the signature, occupation and address of the witness.
(3)
The person disputing the election must—
(a)
file the application with the Supreme Court registry in Brisbane within 7 days after the day on which the writ for the election is returned as mentioned in section 132(2)(b); and
(b)
when filing the application, deposit with the court—
(i)
$400; or
(ii)
if a greater amount is prescribed—that amount.
(4)
Subsections (1) and (2) do not, by implication, prevent the amendment of the application.
s 140 amd 2001 No. 25s 2sch 1; 2007 No. 37s 64
141
Copies of application to be given to elected candidate and commission
The registrar of the Supreme Court must give a copy of the application to—
(a)
the candidate who was elected; and
(b)
the commission, unless the commission filed the application.
s 141 amd 2001 No. 25s 2sch 1; 2007 No. 37s 65
142
Application to court for order relating to documents etc.
(1)
The applicant may apply to the Court of Disputed Returns for an order requiring the commission to give the court specified documents and other things held by the commission in relation to the election.
(2)
The court may make such order in relation to the application as it considers appropriate.
s 142 amd 2001 No. 25s 2sch 1
143
Parties to application
(1)
The parties to an application are the person who filed it and any respondent under this section.
(2)
The commission is a respondent to any application by another person under this division.
(3)
The person who was elected is a party to the application if the person, within 7 days after receiving a copy of the application under section 141, files a notice with the Supreme Court registry in Brisbane stating that the person wishes to be a respondent.
s 143 amd 2001 No. 25s 2sch 1; 2007 No. 37s 66
144
How application is to be dealt with by court
(1)
The Court of Disputed Returns may conduct hearings and other proceedings in relation to the application.
(2)
The court is not bound by technicalities, legal forms or rules of evidence.
(3)
The court must deal with the application as quickly as is reasonable in the circumstances.
(4)
In giving effect to subsection (3), the court must use its best efforts to ensure that—
(a)
the proceeding begins within 28 days after the application is lodged; and
(b)
the court’s final orders are given within 14 days after the end of the proceeding.
(5)
Despite subsections (3) and (4), the court must give all parties to the proceeding at least 10 days notice before it begins the proceeding.
(6)
The rules of court of the Supreme Court may include provision, not inconsistent with this division, with respect to the practices and procedures of the Court of Disputed Returns.
(7)
Without limiting subsection (6), the rules of court may make provision regarding the withdrawal of applications, the consequences of the death of applicants and the substitution of applicants in such circumstances.
s 144 amd 2001 No. 25ss 6, 2sch 1
145
Application for dismissal of application disputing election
(1)
The commission may apply to the court for an order dismissing the application disputing the election on the ground that there has been excessive delay by the applicant in relation to the application.
(2)
The court may make the order on the application under subsection (1) that the court considers appropriate.
s 145 sub 2001 No. 25s 2sch 1
146
Powers of the court
(1)
Subject to sections 147 and 148, the Court of Disputed Returns may make any order or exercise any power in relation to the application that the court considers just and equitable.
(2)
The orders may include any of the following—
(a)
an order to the effect that the person elected is taken not to have been elected;
(b)
an order to the effect that a new election must be held;
(c)
an order to the effect that a candidate other than the one elected is taken instead to have been elected;
(d)
an order to dismiss or uphold the application in whole or part.
(3)
To remove doubt, it is declared that the court may order the opening of a sealed declaration vote envelope.
(4)
However, the court must ensure, as far as is reasonably practicable, the secrecy of the ballot is maintained.
s 146 amd 1997 No. 10s 14; 2001 No. 25s 2sch 1
147
Restrictions on certain orders
(1)
The court must not make an order mentioned in section 146(2) because of a delay in—
(a)
the announcement of nominations under section 93; or
(b)
complying with the requirements of part 7, division 5, 6 or 7.
(2)
Also, the court must not make an order under section 146(2) (other than an order to dismiss the application)—
(a)
because of an absence or error of, or omission by, any member of the commission’s staff that appears unlikely to have had the effect that the person elected would not have been elected; or
(b)
because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed.
(3)
In determining whether the requirements of subsection (2) are met, the court must not, if it finds that an elector was prevented from voting at the election by absence, error or omission, take into account any evidence of the way in which the elector had intended to vote.
(4)
The court must not make an order mentioned in section 146(2) because—
(a)
the names of the candidates were not set out on a ballot paper in the order required by section 102(1)(d); or
(b)
a name or other word that was required by section 102(1)(g) to be printed on a ballot paper adjacent to a candidate’s name was not so printed or was misspelt, inaccurate or incorrect; or
(c)
a name or other word that was not authorised by section 102(1)(g) was printed on a ballot paper adjacent to a candidate’s name.
s 147 amd 1997 No. 10s 15; 2001 No. 25s 2sch 1; 2019 No. 31s 49
148
Restriction on certain evidence and inquiries
(1)
In a proceeding in relation to the application, the Court of Disputed Returns must not take into account evidence by any person that the person was not permitted to vote during voting hours in relation to a polling place, unless the court is satisfied that, so far as the person was permitted to do so, the person did everything required by this Act to enable the person to vote.
(2)
In a proceeding in relation to the application, the court—
(a)
may inquire whether persons voting were enrolled on the electoral roll for the electoral district concerned and whether votes were correctly treated as formal or informal during the counting of votes; but
(b)
must not inquire whether the electoral roll, or any copy used at the election, was in accordance with this Act.
s 148 amd 2001 No. 25s 2sch 1
149
Copy of final court orders to be sent to Clerk of Parliament
The registrar of the Supreme Court must arrange for a copy of the court’s final orders to be sent to the Clerk of the Parliament as soon as possible after they are made.
s 149 amd 2007 No. 37s 67
150
Costs
(1)
The Court of Disputed Returns may order an unsuccessful party to the application to pay the reasonable costs of the other parties to the application.
(2)
If costs are awarded against the applicant, the deposit filed with the application must be applied towards payment of the costs.
(3)
If not, the deposit must be returned to the person.
s 150 amd 1997 No. 82s 3sch; 2001 No. 25s 2sch 1
151
Decisions and orders to be final etc.
Subject to division 4, a decision of, or order made by, the Court of Disputed Returns in relation to the application—
(a)
is final and conclusive; and
(b)
can not be appealed against or otherwise called in question on any ground.
s 151 amd 2001 No. 25ss 7, 2sch 1
152
Right of commission to have access to documents
Unless the Court of Disputed Returns otherwise orders, the filing of an application does not deprive the commission of any right to have access to a document for the purpose of performing its functions.
s 152 amd 2001 No. 25s 2sch 1
Division 3
Disputing qualifications and vacancies of members
153
Reference of question as to qualification or vacancy
(1)
The Legislative Assembly may, by resolution, refer to the Court of Disputed Returns any question regarding—
(a)
the qualification of a person to be, or to continue to be, a member of the Legislative Assembly; or
(b)
a vacancy in the Legislative Assembly.
(2)
The Court of Disputed Returns has jurisdiction to hear and determine the reference.
s 153 prev s 153 amd 1 December 1994 RA s 39
om 2002 No. 8s 18
pres s 153 amd 2001 No. 25s 2sch 1
154
Speaker to state case
If the Legislative Assembly refers a question to the Court of Disputed Returns, the Speaker must give the court—
(a)
a statement of the question that the court is to hear and determine; and
(b)
any proceedings, papers, reports or documents relating to the reference in the Legislative Assembly’s possession.
s 154 prev s 154 amd 1 December 1994 RA s 39
om 2002 No. 8s 18
155
Parties to the reference
(1)
The Court of Disputed Returns may—
(a)
allow any interested person to be heard when the reference is heard; or
(b)
direct that notice of its hearing of the reference must be served on a specified person.
(2)
Any person allowed to be heard, or on whom notice is served, becomes a party to the reference.
s 155 prev s 155 amd 1 December 1994 RA s 39
om 2002 No. 8s 18
156
Powers of court
In hearing the reference, the Court of Disputed Returns—
(a)
must sit as an open court; and
(b)
has power to make such orders as it considers just and equitable, including the power—
(i)
to declare that any person was not qualified to be a member of the Legislative Assembly; and
(ii)
to declare that there is a vacancy in the Legislative Assembly.
s 156 prev s 156 amd 1 December 1994 RA s 39
om 2002 No. 8s 18
157
Order to be sent to Assembly
After the hearing and determination of the reference, the registrar of the Supreme Court must arrange for a copy of the court’s order to be given to the Clerk of the Parliament.
s 157 amd 2007 No. 37s 68
158
Application of provisions
Sections 144
(6), 150 and 151 apply, subject to any necessary changes, to proceedings on a reference under this division.
Division 4
Appeals
pt 8 div 4 hdg ins 2001 No. 25s 8
159
Appeal to Court of Appeal on question of law
An appeal lies to the Court of Appeal from any decision of, or order made by, the Court of Disputed Returns on a question of law.
s 159 prev s 159 amd 1 December 1994 RA s 39
om 2002 No. 8s 19
pres s 159 ins 2001 No. 25s 8
160
Time for appealing
The notice of appeal starting the appeal must—
(a)
be filed within 7 days after the date of the decision or order appealed from; and
(b)
be served as soon as practicable on all other parties to the appeal.
s 160 ins 2001 No. 25s 8
161
Commission is a party to appeal
The commission is a party to the appeal, whether or not it is the appellant.
s 161 ins 2001 No. 25s 8
162
How appeal is dealt with by Court of Appeal
(1)
In deciding the appeal, the Court of Appeal—
(a)
is not bound by technicalities, legal forms or rules of evidence; and
(b)
may use the procedures, whether usual or otherwise, that it considers necessary to enable the appeal to be decided quickly and properly; and
(c)
has all the powers given to it by the Uniform Civil Procedure Rules 1999.
(2)
The court must use its best efforts to ensure that the appeal is heard, and the court’s final decision is made or order is given, as quickly as is reasonable in the circumstances.
s 162 ins 2001 No. 25s 8
163
Application for dismissal of appeal
(1)
A party, other than the appellant, may apply to the Court of Appeal for an order dismissing the appeal on the ground that there has been excessive delay by the appellant in relation to the appeal.
(2)
The court may make an order on the application it considers appropriate.
s 163 ins 2001 No. 25s 8
164
Copy of final court orders to be sent to Clerk of Parliament
The registrar of the Supreme Court must arrange for a copy of the Court of Appeal’s final orders to be sent to the Clerk of the Parliament as soon as possible after they are made.
s 164 ins 2001 No. 25s 8
amd 2007 No. 37s 69
165
Right of commission to have access to documents
Unless the Court of Appeal otherwise orders, the filing of the notice of appeal does not deprive the commission of any right to have access to a document for the purpose of performing its functions.
s 165 ins 2001 No. 25s 8
Part 9
Commission oversight of preselection ballots
pt 9 hdg ins 2002 No. 8s 17
pt 9 div 4 hdg orig pt 9 div 4 hdg om 2002 No. 8s 28
166
Model procedures for preselection ballots
The commission must give a copy of the model procedures for the conduct of a preselection ballot, prescribed under a regulation, (the model procedures) to the registered officer of each registered political party.
s 166 ins 2002 No. 8s 17
167
Notice of preselection ballots to commission
(1)
The registered officer must give the commission at least 7 days written notice of when voting in a preselection ballot is to be held.
Maximum penalty—40 penalty units.
(2)
The registered officer must give a candidate in the ballot a copy of the model procedures.
(3)
The candidate must give the registered officer written acknowledgement of receipt of the model procedures.
s 167 ins 2002 No. 8s 17
168
Inquiry into preselection ballot
(1)
The commission may inquire into a preselection ballot of a candidate for an election or an election for a local government—
(a)
on its own initiative; or
(b)
on receiving a complaint from a candidate, or a party member who is eligible to vote, in the preselection ballot that the ballot has not been, or is not to be, conducted in accordance with—
(i)
the model procedures; and
(ii)
the party’s constitution.
(2)
A complaint under subsection (1)(b) must—
(a)
be made within 30 days after the voting in the ballot takes place; and
(b)
be in writing; and
(c)
state in detail the grounds on which the complaint is made.
(3)
The commission may refuse to investigate a complaint that does not comply with subsection (2).
(4)
The commission may conduct the inquiry before or after the voting in the ballot takes place.
(5)
The commission may require the registered officer—
(a)
to give the commission, within a stated reasonable period, a list of the names and addresses of the members of the party who voted, or are eligible to vote, in the ballot; and
(b)
to certify to the commission, within a stated reasonable period, that each member listed was, at the time of the ballot, or is, eligible to vote in the ballot under the party’s constitution.
(6)
The commission may require the registered officer to give the commission, within a stated reasonable period, copies of the records of the party that are reasonably necessary for the commission to ensure the information given by the registered officer is accurate.
(7)
The registered officer must comply with a requirement under subsection (5) or (6), unless the registered officer has a reasonable excuse.
Maximum penalty—400 penalty units.
(8)
The commission must, as soon as practicable, give the Minister a report that—
(a)
identifies the preselection ballot examined under this section; and
(b)
states whether the ballot was conducted in accordance with—
(i)
the model procedures; and
(ii)
the party’s constitution.
s 168 prev s 168 amd 1 December 1994 RA s 39
om 2002 No. 8s 26
pres s 168 ins 2002 No. 8s 17
amd 2003 No. 77s 71
169
Frivolous or vexatious complaint
(1)
The commission may give a person notice that a complaint made by the person under section 168 will not be investigated, or further investigated, by the commission because it appears—
(a)
to concern a frivolous matter; or
(b)
to have been made vexatiously.
(2)
The notice must advise the person that if the person again makes the same or substantially the same complaint to the commission the person commits an offence punishable by a fine of 85 penalty units or 1 year’s imprisonment or both.
(3)
If, after receiving a notice mentioned in subsection (2), the person makes the same or substantially the same complaint to the commission again, the person commits an offence.
Maximum penalty—85 penalty units or 1 year’s imprisonment.
(4)
It is a defence to a prosecution for an offence against subsection (3) for the person to prove that the complaint did not concern a frivolous matter and was not made vexatiously.
(5)
In this section—
make a complaint to the commission includes cause a complaint to be referred to the commission.
s 169 ins 2002 No. 8s 17
170
Notice of preselection ballot
The registered officer of a registered political party must, not later than 30 days after the polling day for an election in which the party endorsed a candidate, notify the commission whether the selection of the candidate involved a preselection ballot.
Maximum penalty—40 penalty units.
s 170 prev s 170 amd 1 December 1994 RA s 39
om 2002 No. 8s 27
pres s 170 ins 2002 No. 8s 17
171
Selecting preselection ballots for random audit
(1)
As soon as practicable after the 30th day after the polling day for an election, the commission must decide how many of the total number of preselection ballots of candidates for each registered political party in an election of which it has been notified it will audit.
(2)
Once the commission has decided the number of ballots it will audit, a member of the commission’s staff must, in the presence of at least 2 witnesses—
(a)
write the name of each of the candidates chosen by preselection ballot on a separate piece of paper; and
(b)
ensure that each piece of paper is the same kind, shape, size and colour; and
(c)
put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way in order to make each piece of paper the same size and thickness; and
(d)
ensure that each envelope is opaque and of the same kind, shape, size and colour; and
(e)
after each piece of paper has been put in an envelope, seal the envelope; and
(f)
put all the envelopes in a container and mix them up; and
(g)
draw out, 1 at a time, only the number of envelopes that equal the number decided by the commission under subsection (1); and
(h)
as each envelope is drawn out, open it and note the name of the candidate written on the piece of paper in the envelope.
(3)
The member of the commission’s staff must allow any candidate, or representative of a candidate, to be present during the process mentioned in subsection (2).
s 171 ins 2002 No. 8s 17
172
Random audit of preselection ballots
(1)
The commission must give the registered officer of the political party that endorsed a candidate whose name is noted under section 171(2)(h) written notice that the preselection ballot for the candidate is to be audited to identify whether the ballot was conducted in accordance with—
(a)
the model procedures; and
(b)
the party’s constitution.
(2)
The registered officer, within 1 month after receiving the notice, must—
(a)
give the commission a list of the names and addresses of the members of the party who voted in the ballot; and
(b)
certify to the commission that, at the time the ballot took place, each member listed was eligible to vote in the ballot under the party’s constitution.
Maximum penalty—400 penalty units.
(3)
The commission may require the registered officer to give the commission, within a stated reasonable period, copies of the records of the party that are reasonably necessary for the commission to ensure the information given by the registered officer is accurate.
(4)
The registered officer must comply with a requirement under subsection (3), unless the registered officer has a reasonable excuse.
Maximum penalty—400 penalty units.
(5)
The commission must, as soon as practicable, give the Minister a report that identifies—
(a)
the preselection ballots examined under this section; and
(b)
any preselection ballot in which someone voted in contravention of—
(i)
the model procedures; or
(ii)
the party’s constitution.
s 172 ins 2002 No. 8s 17
173
Election not invalidated by irregular preselection ballot
The election is not invalid only because the commission gave the Minister a report that identified a preselection ballot in which someone voted in contravention of—
(a)
the model procedures; or
(b)
the party’s constitution.
s 173 ins 2002 No. 8s 17
Part 10
Enforcement
pt 10 hdg (prev pt 8 hdg) renum 1994 No. 82s 2sch
Division 1
Offences in general
174
Attempts taken to be offences
A person who attempts to commit an offence against a provision of this part is taken to have committed the offence.
175
Failure to enrol etc.
(1)
Subject to this section, a person who contravenes section 65(2) or (3) commits an offence punishable on conviction by a penalty of a fine of not more than 1 penalty unit.
(2)
Subject to this section, if a person who is entitled to be enrolled for an electoral district is not enrolled for the electoral district—
(a)
at the end of 21 days after becoming entitled; or
(b)
at any later time while the person continues to be entitled to be enrolled for the district;
the person commits an offence punishable on conviction by a penalty of a fine of not more than 1 penalty unit.
(3)
If the person admits evidence that the non-enrolment was not because of the person’s failure to give notice as required by section 65(2), the person does not commit an offence against subsection (2) unless the prosecution proves the contrary.
(4)
If a person gives notice as required by section 65(2), a proceeding must not be instituted against the person for an offence against subsection (1) for a contravention of section 65(2), or for an offence against subsection (2), committed before the notice was given.
176
False names etc. on electoral rolls
A person must not wilfully insert on any electoral roll a false or fictitious name or address.
Maximum penalty—20 penalty units or 6 months imprisonment.
s 176 prev s 176 om 2002 No. 8s 28
pres s 176 amd 1 December 1994 RA s 39
177
Misuse of restricted information
(1)
A person must not use, disclose to another person or allow another person to access information in a copy of an electoral roll made available to a person or organisation under section 61, unless the use, disclosure or giving of access is for a purpose stated in subsection (2).
Maximum penalty—20 penalty units or 6 months imprisonment.
(2)
The purposes are—
(a)
any purpose related to an election under—
(i)
this Act; or
(ii)
the Local Government Electoral Act 2011; or
(iii)
the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984; or
(b)
any purpose related to a referendum; or
(c)
checking the accuracy of information on the electoral roll; or
(d)
the performance by a member of—
(i)
the Legislative Assembly; or
(ii)
a local authority;
of the member’s functions in relation to electors enrolled on the electoral roll; or
(e)
the performance by an official or employee of a political party of the person’s duties in relation to electors enrolled on the electoral roll; or
(f)
if the copy of the electoral roll is made available to the person or organisation under section 61(2)—the purpose prescribed under a regulation for which the copy is made available.
s 177 amd 1 December 1994 RA s 39; 1997 No. 11s 102sch 2; 2004 No. 37s 86sch 1; 2007 No. 59s 152sch; 2009 No. 17s 331sch 1; 2010 No. 23s 352sch 1; 2010 No. 42s 42; 2014 No. 44s 113sch 1; 2019 No. 31s 50
178
Improperly influencing commission
A person must not improperly influence a commissioner in the performance of the commissioner’s duties under this Act.
Maximum penalty—35 penalty units or 1 year’s imprisonment.
s 178 amd 1 December 1994 RA s 39
179
Interfering with election right or duty
A person must not hinder or interfere with the free exercise or performance, by another person, of any right or duty under this Act that relates to an election.
Maximum penalty—20 penalty units or 6 months imprisonment.
s 179 amd 1 December 1994 RA s 39; 2000 No. 46s 3sch
180
Wilful neglect etc. by commission staff
A senior electoral officer or member of the commission’s staff must not wilfully neglect or fail to perform any duty under this Act.
Maximum penalty—20 penalty units.
Division 2
Offences relating to electoral advertising etc.
181
Author of election matter must be named
(1)
A person must not, during the election period for an election—
(a)
print, publish, distribute or broadcast; or
(b)
permit or authorise another person to print, publish, distribute or broadcast;
any advertisement, handbill, pamphlet or notice containing election matter unless there appears, or is stated, at its end the particulars required by subsection (2).
Maximum penalty—
(a)
in the case of an individual—20 penalty units; or
(b)
in the case of a corporation—85 penalty units.
(2)
The particulars are the name and address (other than a post office box) of the person who authorised the advertisement, handbill, pamphlet or notice.
(3)
Subsection (1) does not apply to an advertisement—
(a)
that is printed, published or distributed on a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon; or
(b)
that is of a kind prescribed for the purposes of this subsection.
(4)
Also, subsection (1) does not apply to distributing, or permitting or authorising another person to distribute, a how-to-vote card.
(5)
In this section—
publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.
s 181 amd 1997 No. 10s 16; 2001 No. 25s 9; 2002 No. 8s 20
182
Distribution of how-to-vote cards
(1)
During the election period for an election, a person must not distribute, or permit or authorise another person to distribute, a how-to-vote card that does not comply with subsections (2) to (4).
Maximum penalty—
(a)
for an individual—20 penalty units; or
(b)
for a corporation—85 penalty units.
(2)
A how-to-vote card must state the following particulars—
(a)
the name and address of the person who authorised the card;
(b)
if the card is authorised—
(i)
for a registered political party or a candidate endorsed by a registered political party—the party’s name; or
(ii)
for a candidate who is not endorsed by a registered political party—the candidate’s name and the word ‘candidate’.
Example for paragraph (b)(i)—
‘Authorised P. Smith, 100 Green Street Brisbane for [name of registered political party]’.
Example for paragraph (b)(ii)—
‘Authorised R. Jones, 1 Green Street Brisbane for R. Jones (candidate)’.
(3)
For subsection (2)(a), the address must not be a post office box.
(4)
The particulars mentioned in subsection (2) must appear—
(a)
at the end of each printed face of the how-to-vote card; and
(b)
in prominent and legible characters in print no smaller than—
(i)
if the card is not larger than A6—10 point; or
(ii)
if the card is larger than A6 but not larger than A3—14 point; or
(iii)
if the card is larger than A3—20 point.
(5)
During the election period for an election, a person must not distribute, or permit or authorise another person to distribute, a how-to-vote card if the person knows, or ought reasonably to know, that the particulars, or any of the particulars, mentioned in subsection (2) on the card are false.
Maximum penalty—
(a)
for an individual—20 penalty units; or
(b)
for a corporation—85 penalty units.
(6)
In this section—
name, of a registered political party, means—
(a)
if the register of political parties includes an abbreviation of the party’s name—the abbreviation; or
(b)
otherwise—the party’s full name included in the register of political parties.
s 182 ins 2001 No. 25s 10
amd 2002 No. 8s 21
183
Lodging how-to-vote cards
(1)
The person who authorised a how-to-vote card for a registered political party, or for a candidate endorsed by a registered political party, for an election must, no later than 5p.m. on the Friday that is 7 days before the polling day for the election, lodge with the commission—
(a)
the required number of the how-to-vote cards; and
(b)
a statutory declaration relating to any financial contribution received from another registered political party or another candidate, whether directly or from someone else on behalf of the party or candidate, in relation to the production of the how-to-vote card that states—
(i)
who the financial contribution was received from or on behalf of; and
(ii)
the nature and amount of the financial contribution.
(2)
The person who authorised a how-to-vote card for a candidate, other than a candidate endorsed by a registered political party, for an election must, no later than 5p.m. on the Friday that is 7 days before the polling day for the election, lodge with the commission or with the returning officer for the electoral district in which the candidate is nominated—
(a)
the required number of the how-to-vote cards; and
(b)
a statutory declaration relating to any financial contribution received from a registered political party or another candidate, whether directly or from someone else on behalf of the party or candidate, in relation to the production of the how-to-vote card that states—
(i)
who the financial contribution was received from or on behalf of; and
(ii)
the nature and amount of the financial contribution.
Example for subsections (1) and (2)—
If polling day is Saturday, 15 January, the how-to-vote cards and statutory declaration must be lodged no later than 5p.m. on Friday, 7 January.
(3)
The commission or returning officer must reject a how-to-vote card received under subsection (1) or (2) if—
(a)
the how-to-vote card does not comply with section 182; or
(b)
the commission or returning officer is satisfied, on reasonable grounds, the how-to-vote card is likely to mislead or deceive an elector in voting under this Act.
(3A)
The reference in subsection (3)(b) to voting under this Act includes voting in the way required under section 122.
(4)
If the commission or returning officer rejects a how-to-vote card under subsection (3)(b), the commission or returning officer must give the person who authorised the how-to-vote card written reasons for the rejection.
(5)
A person to whom reasons are given under subsection (4) may, no later than 5p.m. on the Wednesday immediately before the polling day for the election—
(a)
revise the how-to-vote card; and
(b)
comply with subsections (1)(a) and (b) or (2)(a) and (b) in relation to the how-to-vote card.
(6)
Before polling day, the commission must make a how-to-vote card that it has not rejected available—
(a)
for public inspection for free at—
(i)
the commission’s Brisbane office; and
(ii)
if the how-to-vote card was printed for a candidate—the office of the returning officer for the electoral district being contested by the candidate; and
(b)
on the commission’s website.
(7)
On polling day, if the how-to-vote card relates to only 1 electoral district, the commission or returning officer for the district must, to the extent that it is reasonably practicable to do so, make the card available for public inspection for free at each polling place in the district.
(8)
An election is not invalid only because the commission does not comply with subsection (6) or (7).
(9)
A person must not distribute, or permit or authorise someone else to distribute, a how-to-vote card to which subsection (1) or (2) applies on polling day unless subsection (1) or (2) has been complied with for the card.
Maximum penalty—20 penalty units.
(10)
If, on polling day, a member of the commission’s staff reasonably suspects a person is distributing a how-to-vote card to which subsection (1) or (2) applies and that subsection (1) or (2) has not been complied with for the card, the employee may—
(a)
require the person to produce the how-to-vote card for inspection; and
(b)
confiscate any how-to-vote cards that have not been lodged as required by subsection (1) or (2).
(11)
A person must not obstruct the employee in the exercise of the power under subsection (10)(b), unless the person has a reasonable excuse.
Maximum penalty—20 penalty units.
(12)
In this section—
financial contribution means a contribution in the form of money, property or other valuable consideration.
obstruct includes hinder and attempt to obstruct.
required number of how-to-vote cards means 12 more than the number of polling places in the electoral district in which the cards are to be distributed.
s 183 prev s 183 ins 1994 No. 82s 20
exp 1 June 1995 (see s 183(2))
pres s 183 ins 2002 No. 8s 22
amd 2003 No. 77s 72; 2014 No. 32s 21; 2016 No. 20s 13E; 2020 No. 20s 56sch 1
184
Headline to electoral advertisements
The proprietor of a newspaper is guilty of an offence if—
(a)
an article, or a paragraph, containing electoral matter is printed in the newspaper; and
(b)
either—
(i)
the insertion of the article or paragraph is or is to be paid for; or
(ii)
any reward or compensation, or promise of reward or compensation, is or is to be made for the insertion of the article or paragraph; and
(c)
the proprietor does not cause the word ‘advertisement’ to be printed as a headline to the article or paragraph in letters not smaller than 10 point or long primer.
Maximum penalty—
(a)
in the case of an individual—10 penalty units; or
(b)
in the case of a corporation—40 penalty units.
s 184 prev s 184 om 19 June 1992 RA s 38
pres s 184 amd 2007 No. 21s 60
185
Misleading voters
(1)
A person must not, during the election period for an election, print, publish, distribute or broadcast anything that is intended or likely to mislead an elector in relation to the way of voting at the election.
Maximum penalty—40 penalty units.
(2)
A person must not for the purpose of affecting the election of a candidate, knowingly publish a false statement of fact regarding the personal character or conduct of the candidate.
Maximum penalty—40 penalty units.
(3)
A person must not, during the election period for an election, print, publish, distribute or broadcast by television any representation or purported representation of a ballot paper for use in the election if it is likely to induce an elector to vote other than in accordance with this Act.
Maximum penalty—40 penalty units.
(4)
In this section—
publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.
s 185 prev s 185 om 1995 No. 58s 4sch 1
pres s 185 amd 2002 No. 8s 23
Division 2A
Offences relating to signage at polling booths
pt 10 div 2A hdg ins 2020 No. 20s 58
Subdivision 1
Interpretation
pt 10 div 2A sdiv 1 hdg ins 2020 No. 20s 58
185A
Definitions for division
In this division—
designated area, for a pre-poll voting office or ordinary polling booth, means the following areas—
(a)
the area within 100m of the building within which the voting compartments for the voting office or polling booth are located;
(b)
if the building is located in grounds—the area within 100m of each designated entrance to the grounds.
designated entrance, to grounds on which a pre-poll voting office or ordinary polling booth is located, see section 185D.
election sign see section 185B.
grounds means land that has a boundary fence or another structure or feature to mark the boundary of the land.
official sign means a sign for an election prepared by, or with the authority of, the commission.
primary election, for a pre-poll voting office or ordinary polling booth, see section 185E.
restricted signage area, for a pre-poll voting office or ordinary polling booth, see section 185C.
s 185A ins 2020 No. 20s 58
185B
Meaning of election sign
(1)
An election sign is a sign, including a continuous sign, that—
(a)
contains anything that could—
(i)
influence an elector in relation to voting at an election; or
(ii)
otherwise affect the result of an election; or
(b)
is the colour or colours that are ordinarily associated with a registered political party; or
Example—
streamers in the colours that are ordinarily associated with a registered political party
(c)
is prescribed by regulation to be an election sign.
(2)
However, none of the following things that contain something, or are of a colour, mentioned in subsection (1)(a) or (b) is an election sign—
(a)
an official sign;
(b)
an item of clothing being worn by a person;
(c)
an umbrella or portable shade structure;
(d)
a small thing, including, for example, a lapel pin, a badge, a hat, a pen or pencil, or a sticker;
(e)
another thing prescribed by regulation.
(3)
In this section—
continuous sign means a sign comprised of a length of flexible material, including, for example—
(a)
a continuous piece of flexible material; or
(b)
1 or more pieces of flexible material joined into a continuous piece; or
(c)
bunting; or
(d)
streamers.
s 185B ins 2020 No. 20s 58
185C
Meaning of restricted signage area for pre-poll polling booth or ordinary polling booth
(1)
The restricted signage area for a pre-poll voting office or ordinary polling booth is—
(a)
the building, or part of the building, in which the voting compartments for the voting office or polling booth are, or are to be, located (the polling premises); and
(b)
the area within 100m of the polling premises; and
(c)
if the polling premises are located in grounds and the commission has designated entrances to the grounds under section 185D—
(i)
the area in the grounds; and
(ii)
the area on a boundary fence or another structure or feature that marks the boundary of the grounds; and
(iii)
the area within 100m of each designated entrance to the grounds.
(2)
However, the restricted signage area for a pre-poll voting office or ordinary polling booth does not include premises in the area mentioned in subsection (1)(b) or (c) that are—
(a)
used as a residence; or
(b)
used by a candidate in the election or registered political party as an office; or
(c)
other premises lawfully occupied—
(i)
by a person other than the commission, a candidate in the election or a registered political party; and
(ii)
for a purpose that is not related to the polling premises being used for the election.
(3)
If the polling premises are located in grounds, or are part of larger premises, the reference to other premises in subsection (2)(c)—
(a)
includes premises located in the same grounds as the polling premises, or that are part of the same larger premises as the polling premises, that are lawfully occupied—
(i)
by a person other than the owner of the grounds or larger premises; and
(ii)
under an arrangement with the owner of the grounds or larger premises; and
(b)
does not include any part of the same grounds, or same larger premises, that are not occupied in the way mentioned in paragraph (a).
s 185C ins 2020 No. 20s 58
185D
Meaning of designated entrance to grounds
(1)
A designated entrance to grounds on which a pre-poll voting office or ordinary polling booth is located is an entrance to the grounds—
(a)
designated by the commission for this section; and
(b)
indicated by an official sign displayed at the entrance.
(2)
In deciding whether to designate an entrance to grounds for a pre-poll voting office or ordinary polling booth under subsection (1), the commission must consider—
(a)
the routes that electors will use to access the voting office or polling booth, including paths, hallways and doorways; and
(b)
the need to ensure unobstructed access to the voting office or polling booth for electors.
s 185D ins 2020 No. 20s 58
185E
Meaning of primary election for a pre-poll voting office or ordinary polling booth
(1)
A primary election for a pre-poll voting office or ordinary polling booth is—
(a)
the election for the electoral district in which the voting office or polling booth is located; or
(b)
if the commission has made a declaration under subsection (2) about the election for another electoral district—the election for the other electoral district.
(2)
The commission may declare that the election for an electoral district being conducted at the pre-poll voting office or ordinary polling booth, other than the electoral district in which the voting office or polling booth is located, is a primary election being conducted at the voting office or polling booth.
(3)
The commission must publish a declaration made under subsection (2) in the ways the commission considers appropriate, including, for example—
(a)
on the commission’s website; or
(b)
by displaying an official sign at the pre-poll voting office or ordinary polling booth to which the declaration relates.
s 185E ins 2020 No. 20s 58
Subdivision 2
Offences
pt 10 div 2A sdiv 2 hdg ins 2020 No. 20s 58
185F
Displaying election signs at pre-poll voting office or ordinary polling booth
(1)
A person must not display an election sign in the restricted signage area of a pre-poll voting office or ordinary polling booth during voting hours unless the display of the sign is permitted under subsection (2).
Maximum penalty—10 penalty units.
(2)
The display of an election sign is permitted if the sign is—
(a)
displayed in a designated area at the pre-poll voting office or ordinary polling booth; and
(b)
displayed by or for—
(i)
a candidate in a primary election being conducted at the voting office or polling booth; or
(ii)
a registered political party that has endorsed a candidate in a primary election being conducted at the voting office or polling booth; or
(iii)
a third party; and
(c)
1 of the maximum number of signs that, under section 185G, may be displayed in each designated area by or for the candidate, political party or third party.
(3)
For subsection (2), a sign displayed by an associated entity of a registered political party or candidate in an election is taken to be displayed for the party or candidate.
(4)
If a member of the commission’s staff considers a sign is displayed in contravention of subsection (1), the staff member may remove the sign.
s 185F ins 2020 No. 20s 58
185G
Maximum number of signs that may be displayed
(1)
For section 185F(2)(c), the maximum number of election signs that may be displayed by or for a candidate in an election, registered political party or third party is—
(a)
2 small signs in each designated area at a pre-poll voting office; and
(b)
in each designated area at an ordinary polling booth—
(i)
for signs displayed by or for a candidate or political party—6 signs, comprised only of large signs (a maximum of 4) and small signs; or
(ii)
for signs displayed by or for a third party—4 signs, comprised only of large signs (a maximum of 2) and small signs.
(2)
However—
(a)
a candidate endorsed for election by a registered political party may display the maximum number of signs mentioned in subsection (1) less the number of signs displayed by or for the party; and
(b)
a registered political party that has endorsed a candidate for election may display the maximum number of signs mentioned in subsection (1) less the number of signs displayed by or for the candidate.
(3)
For this section, an A-frame sign is taken to be 1 sign—
(a)
even though a sign may be displayed on each side of the A-frame sign; and
(b)
whether the same election sign, or different election signs, are displayed on the 2 sides of the A-frame sign.
(4)
In this section—
large sign means a sign that is no larger than 1,830mm by 1,220mm.
small sign means a sign that is no larger than 900mm by 600mm.
s 185G ins 2020 No. 20s 58
185H
Setting up to display election signs at ordinary polling booth
(1)
This section applies—
(a)
for a place used as a pre-poll voting office and an ordinary polling booth for an election—during the period that—
(i)
starts when pre-poll voting for the election ends at the pre-poll voting office; and
(ii)
ends at 5a.m. on the polling day for the election; and
(b)
for another ordinary polling booth for the election—during the period that—
(i)
starts when the election period starts; and
(ii)
ends at 5a.m. on the polling day for the election.
(2)
A person must not do any of the following in the restricted signage area of an ordinary polling booth—
(a)
display an election sign;
(b)
set up a table, chair, umbrella, portable shade structure or other thing to be used for a purpose related to the election.
Maximum penalty—10 penalty units.
(3)
If a member of the commission’s staff considers a sign is displayed, or another thing is situated, in contravention of subsection (2), the staff member may remove the sign or other thing.
(4)
For subsection (1)(a)(i), pre-poll voting for an election ends at a pre-poll voting office when the voting hours end for the pre-poll voting office on the last day electors are allowed to make a vote for the election at the pre-poll voting office before the polling day for the election.
(5)
In this section—
restricted signage area, for an ordinary polling booth located in grounds—
(a)
includes—
(i)
the area in the grounds; and
(ii)
the area on a boundary fence or another structure or feature that marks the boundary of the grounds; but
(b)
does not include the area mentioned in section 185C(1)(c).
s 185H ins 2020 No. 20s 58
Division 3
Offences relating to voting etc.
186
Failure to vote etc.
(1)
An elector must not—
(a)
fail to vote at an election without a valid and sufficient excuse; or
(b)
contravene section 134(2); or
(c)
state anything to the commission or the commission’s staff under section 134 the person knows is false or misleading in a material particular; or
(d)
omit from a statement made under section 134 to the commission or the commission’s staff anything without which the statement is, to the person’s knowledge, misleading in a material particular.
Maximum penalty—1 penalty unit.
(2)
Without limiting subsection (1)(a), if an elector believes it to be part of the elector’s religious duty not to vote at an election, that is a valid and sufficient excuse for failing to vote at the election.
(3)
A person may be prosecuted for an offence against subsection (1)(a) only if the person has been sent a notice about the election under section 134.
(4)
In a proceeding for an offence against subsection (1)(a), a certificate purporting to be signed by a member of the commission’s staff stating any of the following matters is evidence of the matter—
(a)
an election happened on a stated day;
(b)
an elector failed to vote at the election;
(c)
a notice was sent by the commission to the elector under section 134 on a stated day;
(d)
a form mentioned in section 134(1) was not received by the commission from the elector by the day stated under the subsection.
(5)
If a form is not received by the commission from the elector by the day stated under section 134(1), it is evidence the elector failed to vote at the election without a valid and sufficient excuse.
(6)
If a form is received by the commission about the elector’s compliance with section 134, statements in the form purporting to be made by—
(a)
the elector are evidence as statements made by the elector; and
(b)
another elector under section 134(3) are evidence as statements made by the other elector.
(7)
Subsection (1)
(a) does not apply to an Antarctic elector.
(8)
For the Justices Act 1886, section 139, the place where an offence against subsection (1)(a) is committed is taken to be the office of the returning officer for the electoral district for which the elector was enrolled for the election.
(9)
In this section—
Antarctic elector see the Commonwealth Electoral Act, section 246(1).
s 186 sub 1994 No. 82s 17
amd 2002 No. 8s 24; 2010 No. 42 s 39sch; 2020 No. 20s 56sch 1
187
Leave to vote
(1)
If—
(a)
an employee who is an elector asks his or her employer, before polling day in relation to an election, for leave of absence to vote at the election; and
(b)
the absence is necessary to enable the employee to vote at the election;
then, unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned, the employer—
(c)
must allow the employee leave of absence for a reasonable period of not more than 2 hours to enable the employee to vote at the election; and
(d)
must not impose any penalty or disproportionate deduction of pay for the leave of absence.
(2)
An employee must not ask for leave of absence under subsection (1) to vote at an election unless the employee genuinely intends to vote at the election.
Maximum penalty—
(a)
in the case of an individual—10 penalty units; or
(b)
in the case of a corporation—40 penalty units.
s 187 amd 2007 No. 21s 61
188
Canvassing etc. in or near polling places
(1)
A person must not, during the election period for an election, do anything mentioned in subsection (2)—
(a)
inside a room with voting compartments; or
(b)
within 6m of the entrance to a building with voting compartments.
Maximum penalty—10 penalty units.
(2)
For the purposes of subsection (1), the things are—
(a)
canvassing for votes; or
(b)
inducing an elector not to—
(i)
vote in a particular way; or
(ii)
vote at all at the election; or
(c)
loitering; or
(d)
obstructing the free passage of voters.
s 188 amd 1994 No. 82s 18; 2002 No. 8s 25; 2007 No. 21s 62; 2019 No. 31s 51
188A
Particular badges and emblems not to be worn in polling booths
A person must not wear or display a badge or emblem of a political party or candidate in an election during voting hours in a polling booth.
Maximum penalty—1 penalty unit.
s 188A ins 2019 No. 31s 52
189
Interrupting voting etc.
A person must not—
(a)
enter or remain in a polling booth otherwise than as authorised by this Act; or
(b)
wilfully interrupt, obstruct or disturb any proceeding at an election; or
(c)
enter a voting compartment otherwise than as authorised by this Act; or
(d)
prevent a scrutineer from entering or leaving a polling place—
(i)
during voting hours in relation to the polling place; or
(ii)
while votes are being counted at the polling place; or
(e)
obstruct or wilfully mislead a senior electoral officer or member of the commission’s staff in the performance of a duty.
Maximum penalty—10 penalty units.
s 189 amd 2007 No. 21s 63
190
Displaying political statements in certain places
(1)
A person must not display a political statement—
(a)
inside a room with voting compartments; or
(b)
within 6m of the entrance to a building with voting compartments.
Maximum penalty—1 penalty unit.
(2)
In this section—
political statement means a statement or design that a reasonable person would associate with a political organisation, cause or belief.
s 190 sub 1994 No. 82s 19
191
Offences relating to ballot papers
(1)
A person must not—
(a)
wilfully fail to comply with section 107(10)(c), 117(5)(d), 118(3)(c) or (d) or 119(8)(c) or (d); or
(b)
take a ballot paper out of a polling place otherwise than as authorised by this Act; or
(c)
place in a ballot box a ballot paper that has not been—
(i)
given to an elector under this Act; or
(ii)
marked by the elector.
(2)
A person must not, without lawful excuse, obtain possession of, or have in the person’s possession—
(a)
a ballot paper that has been marked by another person; or
(b)
a declaration envelope that has been signed by another person.
Maximum penalty—20 penalty units or 6 months imprisonment.
s 191 amd 1 December 1994 RA s 39; 2019 No. 31s 53
192
Failure to give, post or send documents for someone else
(1)
If a person is given a request under section 119 or 120 to give, post or send to the commission or a returning officer, the person must promptly give, post or send the request to the commission or returning officer, unless the person has a reasonable excuse.
Maximum penalty—20 penalty units or 6 months imprisonment.
(2)
If a person is given a declaration envelope under section 119(8)(d)(ii) to post or send to the commission or a returning officer, the person must promptly post or send the declaration envelope to the commission or returning officer, unless the person has a reasonable excuse.
Maximum penalty—20 penalty units or 6 months imprisonment.
s 192 amd 1 December 1994 RA s 39
sub 1995 No. 24s 13
amd 1997 No. 10s 17
sub 2019 No. 31s 54
193
Secrecy of voting
A person must not—
(a)
unfold a ballot paper that has been marked and folded by an elector under this Act unless ordered by a court or authorised under this Act to do so; or
(b)
if the person is a member of the commission’s staff performing duties at a polling place in relation to an election—
(i)
ascertain or discover how an elector has voted at the election unless the person is authorised to do so under this Act; or
(ii)
disclose any information as to how an elector has voted at the election unless the person is authorised to do so under this Act or ordered by a court to do so.
Maximum penalty—20 penalty units or 6 months imprisonment.
s 193 amd 1 December 1994 RA s 39
194
Breaking seals on parcels
A person must not wilfully open or break the seal of a parcel sealed under section 127(2)(e) unless the person is authorised to do so under this Act or ordered by a court to do so.
Maximum penalty—20 penalty units or 6 months imprisonment.
s 194 amd 1 December 1994 RA s 39; 2019 No. 31s 55
195
Duty of witness to signing of declaration voting papers
An elector or other person (the witness) must not sign a declaration envelope as witness under section 119(8)(a) unless—
(a)
the witness is satisfied of the identity of the elector who signs the declaration before the witness; and
(b)
the witness has seen the elector sign the declaration; and
(c)
either—
(i)
the witness knows that the declaration made by the elector on the envelope is true; or
(ii)
the witness is satisfied, on the basis of inquiries of the elector or otherwise, that the declaration is true.
Maximum penalty—20 penalty units or 6 months imprisonment.
s 195 amd 1 December 1994 RA s 39; 2019 No. 31s 56
Division 4
Injunctions
196
Injunctions
(1)
If—
(a)
either—
(i)
a person (the offending party) has engaged, is engaging or is proposing to engage in conduct; or
(ii)
a person (also the offending party) has failed, is failing or is proposing to fail to do anything; and
(b)
the conduct or failure constituted, constitutes or would constitute a contravention of, or an offence against, this Act;
an application may be made to the Supreme Court for an injunction.
(2)
The application may be made by—
(a)
if the conduct or failure relates to an election—a candidate in the election; or
(b)
in any case—the commission.
(3)
The court may grant an interim injunction pending determination of the application.
(4)
If the commission makes the application for the injunction, the court must not require it or another person to give any undertakings as to damages as a condition of granting an interim injunction under subsection (3).
(5)
On considering the application for the injunction, the court may—
(a)
in a case to which subsection (1)(a)(i) applies—grant an injunction restraining the offending party from engaging in the conduct concerned and, if in the court’s opinion it is desirable to do so, requiring the offending party to do anything; or
(b)
in a case to which subsection (1)(a)(ii) applies—grant an injunction requiring the offending party to do the thing concerned.
(6)
The court may grant the injunction—
(a)
if the court is satisfied that the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1)—whether or not it appears to the court that the offending party intends—
(i)
to engage again or continue to engage in the conduct; or
(ii)
to fail or continue to fail or do the thing; or
(b)
if it appears to the court that, if the injunction is not granted, it is likely that the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1)—whether or not—
(i)
the offending party has previously engaged in the conduct or failed to do the thing; and
(ii)
there is an imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing.
(7)
The court may refuse to grant an injunction if it appears to the court that the application was not made to the court at the earliest possible opportunity.
(8)
The court may discharge or vary the injunction or any interim injunction granted under subsection (3).
(9)
The powers conferred on the court by this section are in addition to, and do not limit, any other powers of the court.
Part 11
Election funding and financial disclosure
pt 11 hdg ins 2011 No. 14s 15
Division 1
Interpretation
pt 11 div 1 hdg ins 2011 No. 14s 15
197
Definitions
In this part—
2013–2014 financial year ...
s 197 def 2013–2014 financial year ins 2015 No. 2s 6
om 2020 No. 20s 7(1)
6-month period means the following periods in a year—
(a)
1 January to 30 June;
(b)
1 July to 31 December.
s 197 def 6-month period ins 2020 No. 20s 7(2)
agent means an agent of a registered political party, candidate or third party appointed under division 2.
applicable expenditure cap ...
s 197 def applicable expenditure cap om 2014 No. 32s 22(1) (retro)
associated entity—
(a)
of a registered political party—see section 204(2) and (3); or
(b)
of a candidate in an election—see section 204A(2), (3) and (4).
s 197 def associated entity sub 2020 No. 20s 7(1)–(2)
auditor means an individual who—
(a)
has the qualifications or experience prescribed for this definition; and
(b)
is not, and has not ever been, a member of a political party.
bank statement, for an account with a financial institution—
(a)
means a written record issued by the financial institution of all of the transactions carried out in relation to the account during a stated period; and
(b)
includes a written record of the transactions printed from an online banking facility provided by the financial institution.
s 197 def bank statement ins 2020 No. 20s 7(2)
by-election ...
s 197 def by-election om 2020 No. 38s 41
campaign purpose, for incurring electoral expenditure, see section 199A.
s 197 def campaign purpose ins 2020 No. 20s 7(2)
capped expenditure period, for an election, see section 280.
s 197 def capped expenditure period prev def om 2014 No. 32s 22(1) (retro)
pres def ins 2020 No. 20s 7(2)
consideration means consideration in money or money’s worth.
s 197 def consideration ins 2020 No. 20s 7(2)
disclosure period, for an election—
(a)
for a candidate in the election—see section 198(1); or
(b)
for a third party to which section 263(1) or 264(1) applies for the election—see section 198(3).
s 197 def disclosure period sub 2019 No. 31s 57
donation cap, for a registered political party or candidate in an election, see section 252.
s 197 def donation cap ins 2020 No. 20s 7(2)
donation cap period, for a registered political party or candidate in an election, see section 247.
s 197 def donation cap period ins 2020 No. 20s 7(2)
donor statement see section 251.
s 197 def donor statement ins 2020 No. 20s 7(2)
elected member means a member of the Legislative Assembly.
election material means material produced as a result of incurring electoral expenditure, including, for example, an advertisement.
s 197 def election material ins 2020 No. 20s 7(2)
electoral expenditure see section 199.
s 197 def electoral expenditure sub 2014 No. 32s 22 (retro); 2018 No. 9s 11; 2020 No. 20 s 7(1)–(2)
eligible registered political party see section 239.
s 197 def eligible registered political party ins 2014 No. 32s 22(2) (retro)
financial controller, of an associated entity, means—
(a)
if the entity is a corporation—the secretary of the corporation; or
(b)
if the entity is the trustee of a trust—the trustee; or
(c)
if the entity is a corporation that is the trustee of a trust—the secretary of the corporation; or
(d)
otherwise—the person responsible for keeping the financial records of the entity.
fundraising contribution see section 200.
gift see section 201.
gifted, for an amount of electoral expenditure incurred, see section 200B.
s 197 def gifted ins 2020 No. 20s 7(2)
independent candidate, for an election—
(a)
means a candidate nominated for the election under section 88(1)(b); and
(b)
includes a candidate if—
(i)
the candidate was nominated for the election by a registered political party under section 88(1)(a); and
(ii)
before the polling day for the election, the party gives the commission notice under section 91A about the withdrawal of the party’s endorsement of the person as a candidate.
s 197 def independent candidate prev def om 2014 No. 32s 22(1) (retro)
pres def ins 2020 No. 20s 7(2)
independent member, for a 6-month period, see section 240(2).
s 197 def independent member prev def om 2012 No. 37s 14
pres def ins 2020 No. 20s 7(2)
information notice, about a decision, means a notice stating the following—
(a)
the decision;
(b)
the reasons for it;
(c)
that the person to whom the notice is given may apply to the commissioner for a review of the decision within 20 business days after the person receives the notice;
(d)
how to apply for a review.
journal ...
s 197 def journal om 2020 No. 20s 7(1)
loan means any of the following made other than by a financial institution or use of a credit card—
(a)
an advance of money;
(b)
a provision of credit or another form of financial accommodation;
(c)
a payment of an amount for, on account of, on behalf of or at the request of, an entity, if there is an express or implied obligation to repay the amount;
(d)
a transaction (whatever its terms or form) that in substance effects a loan of money.
s 197 def loan amd 2020 No. 20s 7(4)
participant, in an election—
(a)
generally—see section 197A; or
(b)
for division 12A—see section 305.
s 197 def participant ins 2020 No. 20s 7(2)
payment direction see section 227.
policy development payment means a payment made to a registered political party under division 5.
s 197 def policy development payment ins 2014 No. 32s 22(2) (retro)
political donation—
(a)
generally—see section 250; or
(b)
for division 8, subdivision 4—see section 274.
s 197 def political donation prev def om 2014 No. 32s 22(1) (retro)
pres def ins 2018 No. 9s 11(2)
sub 2020 No. 20s 7(1)–(2)
prescribed matter, for division 12A, see section 305AA.
s 197 def prescribed matter ins 2020 No. 20s 7(2)
prohibited donor, for division 8, subdivision 4, see section 273.
s 197 def prohibited donor ins 2018 No. 9s 11(2)
registered, for a third party in relation to an election, means the third party is registered for the election under division 12.
s 197 def registered sub 2020 No. 20s 7(1)–(2)
registered industrial organisation ...
s 197 def registered industrial organisation om 2014 No. 32s 22(1) (retro)
registered third party ...
s 197 def registered third party om 2014 No. 32s 22(1) (retro)
register of agents means the register kept under section 211.
register of third parties, for an election, means the register kept under section 298(1) for the election.
s 197 def register of third parties ins 2020 No. 20s 7(2)
relevant election ...
s 197 def relevant election ins 2015 No. 2s 6
om 2020 No. 20s 7(1)
relevant particulars, of an entity, means—
(a)
for an unincorporated association—
(i)
the name of the association; and
(ii)
the names and addresses of the members of the executive committee (however described) of the association; or
(b)
for a trust fund or foundation—
(i)
the names and addresses of the trustees of the fund or the foundation; or
(ii)
the title or other description of the trust fund or the name of the foundation; or
(c)
otherwise—the name and address of the entity.
s 197 def relevant particulars ins 2014 No. 32s 22(2) (retro)
reporting period means—
(a)
the financial year ending on 30 June 2015; or
(b)
for a financial year after 30 June 2015—the first 6 months of the financial year or the full financial year.
s 197 def reporting period prev def om 2014 No. 32s 22(1) (retro)
pres def ins 2015 No. 2s 6
source—
(a)
of a gift—see section 205A(1); or
(b)
of a loan—see section 205A(2).
s 197 def source ins 2019 No. 31s 57(2)
sub 2020 No. 20s 7(1)–(2)
special reporting period ...
s 197 def special reporting period ins 2015 No. 2s 6
om 2020 No. 20s 7(1)
State campaign account, of a participant in an election, see section 215.
s 197 def State campaign account ins 2020 No. 20s 7(2)
third party means an entity other than a registered political party, an associated entity or a candidate.
s 197 ins 2011 No. 14s 15
197A
Meaning of participant in an election
(1)
For this part, each of the following is a participant in an election—
(a)
a candidate in the election;
(b)
a registered political party;
(c)
a registered third party for the election under division 12;
(d)
a third party that is not registered for the election that incurs electoral expenditure for the election.
(2)
Subsection (3) applies if—
(a)
a person becomes a candidate in an election for subsection (1)(a) because the person indicates the person’s intention to become a candidate in the election by incurring electoral expenditure; or
Note—
See section 2, definition candidate, paragraph (b)(iii).
(b)
a third party becomes a third party to which subsection (1)(d) applies for an election by incurring electoral expenditure for the election.
(3)
Despite section 281, the person or third party incurs the electoral expenditure when the person or third party enters a transaction to incur the expenditure, regardless of when—
(a)
the amount of the expenditure is invoiced or paid; or
(b)
the obligation to pay for the expenditure arises; or
(c)
the goods or services for which the expenditure is incurred are supplied or provided.
(4)
In this part, a reference to an election participant in a provision about an election is a reference to a participant in the election.
s 197A ins 2020 No. 20s 8
198
Meaning of disclosure period
(1)
The disclosure period for an election, for a candidate in the election, is the period that—
(a)
starts—
(i)
if the candidate was a candidate in a by-election held after the last general election—30 days after the polling day for the last by-election in which the candidate was a candidate; or
(ii)
if subparagraph (i) does not apply and the candidate was a candidate in the last general election—30 days after the polling day for the last general election; or
(iii)
otherwise—the day that applies for the candidate under subsection (2); and
(b)
ends 30 days after the polling day for the election.
(2)
For subsection (1)(a)(iii), the day that applies for the candidate for the election is the earliest of the following days—
(a)
the day the person announces or otherwise publicly indicates the person’s intention to be a candidate in the election;
(b)
the day the person nominates as a candidate in the election;
(c)
the day the person otherwise indicates the person’s intention to be a candidate in the election, including, for example, by accepting a gift made for a purpose related to the election.
(3)
The disclosure period for an election, for a third party to whom section 263 or 264 applies for the election, is the period that—
(a)
starts 30 days after the polling day for the last general election; and
(b)
ends 30 days after the polling day for the election.
s 198 ins 2011 No. 14s 15
amd 2015 No. 2s 7
sub 2019 No. 31s 58
199
Meaning of electoral expenditure
(1)
Electoral expenditure means expenditure of a kind mentioned in subsection (2) incurred for a campaign purpose.
(2)
For subsection (1), the kind of expenditure is—
(a)
expenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example—
(i)
an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and
(ii)
material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and
(iii)
material for distribution in letters; or
(b)
expenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or
(c)
expenditure for carrying out an opinion poll or research; or
(d)
expenditure for contracted services related to an activity mentioned in paragraph (a), (b) or (c), including, for example, fees for consultants or the provision of data; or
(e)
expenditure of another kind prescribed by regulation to be a kind of electoral expenditure.
(3)
For subsection (2)(a) and (b), it does not matter whether section 181 applies to the material.
(4)
However, electoral expenditure does not include—
(a)
expenditure incurred substantially for or related to the election of—
(i)
members of the Parliament of another State or the Commonwealth; or
(ii)
councillors (however described) of a local government of the State or another State; or
(b)
expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party, including, for example, a meeting of a branch, division or committee of the party—
(i)
for an organisational purpose; or
(ii)
to select a candidate to nominate for election; or
(c)
expenditure incurred employing staff for a campaign purpose; or
(d)
expenditure of a kind prescribed by regulation not to be a kind of electoral expenditure.
(5)
Expenditure incurred by a third party is electoral expenditure if the dominant purpose for which the expenditure is incurred is a campaign purpose.
(6)
However, expenditure incurred by a third party is not electoral expenditure if the dominant purpose for which the expenditure is incurred is another purpose, even if the expenditure is also incurred for, or achieves, a campaign purpose.
Example of other purposes for incurring expenditure—
to educate or raise awareness about an issue of public policy
(7)
Also, electoral expenditure incurred by or for an elected member does not include expenditure of a kind for which the member is entitled to receive an allowance or entitlement.
(8)
In this section—
allowance or entitlement, for an elected member, means—
(a)
an allowance or entitlement the member is entitled to under the Queensland Independent Remuneration Tribunal Act 2013, section 54; or
(b)
accommodation, services or other entitlements mentioned in the Queensland Independent Remuneration Tribunal Act 2013 supplied or paid to the member.
s 199 ins 2020 No. 20s 9
199A
Meaning of campaign purpose
(1)
Expenditure is incurred for a campaign purpose if the expenditure is incurred to—
(a)
promote or oppose a political party in relation to an election; or
(b)
promote or oppose the election of a candidate; or
(c)
otherwise influence voting at an election.
(2)
Without limiting subsection (1), expenditure is incurred for a purpose mentioned in subsection (1)(a), (b) or (c) if material produced as a result of the expenditure does any of the following in relation to an election—
(a)
expressly promotes or opposes—
(i)
political parties or candidates who advocate, or do not advocate, a particular policy or issue; or
(ii)
political parties or candidates who have, or do not have, a particular position on a policy or issue; or
(iii)
candidates who express a particular opinion;
(b)
expressly or impliedly comments—
(i)
about a political party, elected member or candidate in the election; or
(ii)
in relation to an electoral district;
(c)
expresses a particular position on a policy, issue or opinion—
(i)
if the position is publicly associated with a political party or candidate; and
(ii)
whether or not, in expressing the position, the party or candidate is mentioned.
s 199A ins 2020 No. 20s 9
200
Meaning of fundraising contribution
(1)
A fundraising contribution means an amount paid by a person as a contribution, entry fee or other payment to entitle that person or another person to participate in or otherwise obtain a benefit from a fundraising or other venture or function.
(2)
Without limiting subsection (1), a fundraising contribution includes—
(a)
an amount paid for a ticket in a raffle; and
(b)
an amount paid for an item at a fundraising auction.
(3)
An amount mentioned in subsection (1) is a fundraising contribution whether or not the venture or function to which the payment relates raises funds for an entity.
(4)
A fundraising contribution does not include an amount that relates to the venture or function that is paid under a sponsorship arrangement.
s 200 ins 2011 No. 14s 15
amd 2015 No. 2s 8; 2020 No. 20s 10
200A
Meaning of sponsorship arrangement
(1)
A , between a person (the ) and a registered political party, means an arrangement—
(a)
that establishes a relationship of sponsorship, approval or association between the sponsor and the party, whether or not for commercial gain; or
(b)
that confers a right on the sponsor to associate the sponsor, or the sponsor’s goods or services, with—
(i)
the party; or
(ii)
a fundraising or other venture or event; or
(iii)
a program or event associated with a venture or event mentioned in subparagraph (ii).
(2)
It does not matter whether or not the sponsor is entitled, under the arrangement—
(a)
to be acknowledged as a sponsor; or
(b)
to advertising or marketing rights; or
(c)
to supply the sponsor’s goods or services; or
(d)
to another benefit, including, for example, entry to a particular event or function.
s 200A ins 2020 No. 20s 11
200B
Meaning of gifted for electoral expenditure
(1)
An amount of electoral expenditure incurred by a person is gifted to a participant in an election if—
(a)
the expenditure benefits the participant; and
(b)
any of the following applies—
(i)
the expenditure is incurred with the participant’s authority or consent;
(ii)
the participant accepts election material resulting from the expenditure;
(iii)
another circumstance prescribed by regulation happens in relation to the expenditure; and
(c)
the person does not, within 7 days after the circumstances mentioned in paragraphs (a) and (b) happen—
(i)
receive consideration, or adequate consideration, from the participant incurring the expenditure; or
(ii)
invoice the participant for payment of the amount.
(2)
If an amount of electoral expenditure mentioned in subsection (1) (the total amount) is incurred under an arrangement between 2 or more election participants, the amount gifted to any 1 of the participants is the amount equal to the total amount divided by the number of participants who are parties to the arrangement.
(3)
A gift of electoral expenditure is made when subsection (1) applies to the expenditure, regardless of when the expenditure is incurred.
Notes—
1
See section 280A in relation to a participant in an election being taken to have incurred electoral expenditure gifted to the election participant.
2
See also section 281A in relation to electoral expenditure incurred by a participant in an election that benefits another election participant.
s 200B ins 2020 No. 20s 11
201
Meaning of gift
(1)
A gift made by a person to another person is the disposition of property, or provision of a service, by the person to the other person, for no consideration or inadequate consideration.
(2)
Also, a gift includes—
(a)
an amount of electoral expenditure a person gifted to a participant in an election; and
(b)
an amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party by—
(i)
if the party is a part of another entity—a federal or interstate branch or division of the other entity; or
(ii)
a related political party of the party; and
(c)
in relation to a loan made by a person to another person—
(i)
an amount of uncharged interest on the loan; or
(ii)
an amount forgiven on the loan; and
(d)
the part of a fundraising contribution made by a person to another person that exceeds $200; and
(e)
an amount paid, or service provided, by a person to a registered political party under a sponsorship arrangement.
(3)
A gift does not include—
(a)
the disposition of property under a will; or
(b)
a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or
(c)
the following amounts paid to a political party—
(i)
an amount for a person’s subscription for membership of the party;
(ii)
an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2)(e);
(iii)
an amount that is a compulsory levy imposed on elected members by the party under its constitution; or
(d)
an amount transferred to an individual from funds the individual holds jointly with the individual’s spouse; or
(e)
the provision of voluntary labour; or
(f)
the incidental or ancillary use of—
(i)
a volunteer’s vehicle or equipment; or
(ii)
a vehicle or equipment that is ordinarily available for the personal use of a volunteer.
(4)
A reference in this part to a gift does not include a gift made by a person to an individual (the recipient) if, when the gift is made—
(a)
it is made in a private capacity for the recipient’s personal use; and
(b)
the recipient does not intend to use the gift for an electoral purpose.
(5)
However, if a gift, or part of a gift, mentioned in subsection (4) is used for an electoral purpose—
(a)
the gift, or that part of the gift, is a gift for this section; and
(b)
the recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose.
(6)
If the recipient is an elected member, a reference in subsection (4) or (5) to using a gift for an electoral purpose includes using the gift for the recipient’s duties as an elected member.
(7)
In this section—
official cash rate means the Reserve Bank of Australia’s cash rate target.
uncharged interest, on a loan, means an amount that would have been payable on the loan if—
(a)
for a loan made on terms requiring the payment of interest at less than the official cash rate plus 3% a year—the loan had been made on terms requiring the payment of interest at least at the official cash rate plus 3% a year; or
(b)
for a loan for which interest payable is waived—the interest payable had not been waived; or
(c)
for a loan for which interest payments are not capitalised—the interest payments were capitalised.
s 201 ins 2011 No. 14s 15
amd 2015 No. 2s 9
sub 2020 No. 20s 12
201A
Meaning of gift threshold amount
The gift threshold amount is $1,000.
s 201A ins 2014 No. 32s 24 (retro)
amd 2015 No. 2s 10; 2020 No. 20s 56sch 1
201B
Meaning of value of gift
(1)
The value of a gift is the amount stated in, or worked out under, this section.
(2)
The value of a gift of money is the amount of money given.
(3)
The value of a gift of property other than money is—
(a)
the market value of the property; or
(b)
if a regulation prescribes principles for deciding the value of the property—the value decided in accordance with the principles.
(4)
The value of a gift of the provision of a service is—
(a)
the amount that would reasonably be charged for providing the service if the service were provided on a commercial basis; or
(b)
if a regulation prescribes principles for deciding the amount that would reasonably be charged for the service—the amount decided in accordance with the principles.
(5)
The value of a gift of an amount of electoral expenditure incurred is the amount of the expenditure.
(6)
The value of a gift that is a fundraising contribution is the gross amount of the contribution, regardless of the value of anything received in consideration for the contribution.
(7)
The value of a gift provided by a person to a registered political party under a sponsorship arrangement is worked out—
(a)
as the amount paid, or value of the service provided, under the arrangement; and
Note—
See subsection (4) for working out the value of a service provided.
(b)
regardless of the value of the goods, services or other benefits provided to the person under the arrangement.
(8)
The value of a gift of an amount of uncharged interest on a loan is—
(a)
the amount of interest that would have been payable on the loan if interest on the loan were calculated—
(i)
annually, as simple interest; and
(ii)
at the official cash rate for the day the loan was made plus 3% a year;
less—
(b)
any amount of interest paid on the loan.
(9)
The value of a gift of an amount forgiven on a loan is the total amount the debtor is no longer required to pay under the loan because the amount has been forgiven, including, for example, amounts of principal, interest, fees or other charges, whether or not—
(a)
the loan is legally enforceable; and
(b)
the forgiveness of the amount is legally enforceable.
(10)
If consideration is given for a gift made, other than a gift mentioned in subsection (6) or (7), the value of the gift is reduced by the amount or value of the consideration given.
(11)
In this section—
official cash rate means the Reserve Bank of Australia’s cash rate target.
uncharged interest, on a loan, see section 201(7).
s 201B ins 2020 No. 20s 13
201C
Application to unincorporated body
In this part—
(a)
a reference to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—
(i)
on behalf of an unincorporated body; and
(ii)
under the body’s actual or apparent authority; and
(b)
a reference to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of an unincorporated body.
s 201C ins 2020 No. 20s 13
202
References to registered political party
(1)
A reference in this part to things done by or for a registered political party must, if the party is not a corporation, be read as a reference to things done by or with the authority of a member or officer of the party for the party.
(2)
A reference in this part to a registered political party, other than a reference to the endorsement of a candidate in an election, does not include a reference to a part of the political party.
s 202 ins 2011 No. 14s 15
203
Electoral committee to be treated as part of candidate
(1)
Divisions 3, 4, 6 and 9 apply as if an electoral committee for a registered political party for an electoral district were the candidate endorsed by the party for the electoral district.
(2)
In this section—
electoral committee, for a registered political party for an electoral district, means a committee established by the party to help elect a candidate in the electoral district.
s 203 ins 2011 No. 14s 15
amd 2014 No. 32s 25 (retro); 2020 No. 20 s 14
204
Associated entity to be treated as part of registered political party
(1)
If a registered political party has an associated entity, divisions 3, 4, 6 and 9 apply as if—
(a)
the party and the associated entity together constituted the party; and
(b)
a reference to the party included a reference to the associated entity; and
(c)
a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the party; and
(d)
the State campaign account of the party were the State campaign account of the associated entity; and
(e)
electoral expenditure incurred by or for the associated entity were incurred by or for the party.
(2)
An entity is an associated entity of a registered political party if the entity—
(a)
is controlled by the party or a group of endorsed candidates of the party; or
(b)
operates wholly, or to a significant extent, for the benefit of the party or a group of endorsed candidates of the party; or
(c)
operates for the dominant purpose of—
(i)
promoting the party in elections; or
(ii)
promoting a group of endorsed candidates of the party in an election.
(3)
However, an associated entity of a registered political party does not include—
(a)
a candidate endorsed by the party for an election; or
(b)
another political party that is a related political party of the party; or
(c)
if the party is part of another entity—a federal or interstate branch or division of the other entity.
(4)
In this section—
group of endorsed candidates, of a registered political party, means 2 or more candidates endorsed by the party for an election.
s 204 prev s 204 ins 2011 No. 14s 15
om 2014 No. 32s 26 (retro)
pres s 204 ins 2020 No. 20s 15
204A
Associated entity to be treated as part of candidate in election
(1)
If a candidate in an election has an associated entity, divisions 3, 4, 6 and 9 apply as if—
(a)
the associated entity and the candidate together constituted the candidate; and
(b)
a reference to the candidate included a reference to the associated entity; and
(c)
a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the candidate; and
(d)
the State campaign account of the candidate were the State campaign account of the associated entity; and
(e)
electoral expenditure incurred by or for the associated entity were incurred by or for the candidate.
(2)
An entity is an associated entity of a candidate in an election if the entity—
(a)
is controlled by the candidate in relation to the election; or
(b)
operates wholly, or to a significant extent, for the benefit of the candidate in relation to the election; or
(c)
operates for the dominant purpose of promoting the candidate in the election.
(3)
However, an associated entity of a candidate in an election does not include an entity if—
(a)
the entity is an associated entity of a registered political party under section 204 because it—
(i)
is controlled by a group of endorsed candidates of the party; or
(ii)
operates wholly or to a significant extent for the benefit of a group of endorsed candidates of the party; or
(iii)
operates for the dominant purpose of promoting a group of endorsed candidates of the party; and
(b)
the candidate is 1 of the candidates in the group of endorsed candidates of the party.
(4)
Also, an associated entity of a candidate does not include an electoral committee mentioned in section 203.
(5)
In this section—
group of endorsed candidates, of a registered political party, see section 204(4).
s 204A ins 2020 No. 20s 15
205
Related corporations
For this part—
(a)
a corporation and another corporation that is related to the first-mentioned corporation must be taken to be the same person; and
(b)
the question whether a corporation is related to another corporation must be decided in the same way as the question whether a corporation is related to another corporation is decided under the Corporations Act.
s 205 ins 2011 No. 14s 15
Division 1A
Provisions about the source of indirect gifts and loans
pt 11 div 1A hdg ins 2020 No. 20s 16
205A
Who is the source of an indirect gift or loan
(1)
An entity is the source of a gift (the ultimate gift) made to another entity (the ultimate recipient) if—
(a)
the entity makes a gift or loan (the first gift or loan) to a person (the first recipient); and
(b)
the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient; and
(c)
the first recipient, or another person, makes the ultimate gift to the ultimate recipient; and
(d)
the first gift or loan enabled (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient.
(2)
An entity is the source of a loan (the ultimate loan) made to another entity (the ultimate recipient) if—
(a)
the entity makes a gift or loan (the first gift or loan) to a person (the first recipient); and
(b)
the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient; and
(c)
the first recipient, or another person, makes the ultimate loan to the ultimate recipient; and
(d)
the first gift or loan enabled (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient.
(3)
For this part, when the ultimate gift or ultimate loan is made to the ultimate recipient, the gift or loan is taken—
(a)
not to have been made to, or accepted by, the first recipient; and
(b)
to have been made to, and accepted by, the ultimate recipient.
s 205A ins 2020 No. 20s 16
205B
Donor must disclose source of gift or loan
(1)
This section applies to an entity if—
(a)
the entity—
(i)
makes a gift or loan to a registered political party or candidate in an election (each a recipient); or
(ii)
makes a gift to a third party to whom section 263 applies (also a recipient); and
(b)
the value of the gift or amount of the loan equals or exceeds the gift threshold amount; and
(c)
the entity is not the source of the gift or loan.
(2)
When the entity makes the gift or loan to the recipient, the entity must give the recipient a notice that states—
(a)
that the entity is not the source of the gift or loan; and
(b)
the relevant particulars of the entity that is the source of the gift or loan.
Maximum penalty—20 penalty units.
s 205B (prev s 260B) ins 2019 No. 31s 59
renum and reloc 2020 No. 20s 24
Division 2
Agents
pt 11 div 2 hdg ins 2011 No. 14s 15
sub 2020 No. 20s 17
206
Agent of registered political party
A registered political party must appoint a person to be the agent of the party for this part.
s 206 ins 2011 No. 14s 15
sub 2020 No. 20s 17
207
Agent of candidate
(1)
A candidate in an election may appoint a person to be the agent of the candidate, for this part, for the election.
(2)
During any period for which no appointment is in force under subsection (1), the candidate is taken to be the candidate’s own agent for this part.
(3)
A person’s appointment under subsection (1) continues until the person’s obligations as the candidate’s agent for the election end, unless the appointment ends earlier under section 212.
Note—
A person’s obligations as a candidate’s agent under this part may end after the election to which the appointment relates, whether or not the candidate is elected at the election.
s 207 ins 2011 No. 14s 15
sub 2020 No. 20s 17
208
Agent of registered third party
(1)
A registered third party for an election who is not an individual must appoint an agent, for this part, for the election.
(2)
A registered third party for an election who is an individual may appoint a person to be the third party’s agent, for this part, for the election.
(3)
During any period for which no appointment is in force under subsection (2), the third party is taken to be the third party’s own agent for this part.
(4)
A person’s appointment under subsection (1) continues until the person’s obligations as the registered third party’s agent for the election end, unless the appointment ends earlier under section 212.
Note—
A person’s obligations as a registered third party’s agent under this part may end after the election for which the third party is registered under division 12.
s 208 prev s 208 ins 2011 No. 14s 15
om 2014 No. 32s 27 (retro)
pres s 208 ins 2020 No. 20s 17
209
Agent of unregistered third party
(1)
A third party that is not registered for an election may appoint a person to be the third party’s agent, for this part, for the election.
(2)
If the third party is an individual, the third party is taken to be the third party’s own agent for this part during any period for which no appointment is in force under subsection (1).
(3)
A person’s appointment under subsection (1) continues until the person’s obligations as the third party’s agent for the election end, unless the appointment ends earlier under section 212.
Note—
A person’s obligations as a third party’s agent under this part may end after the election to which the appointment relates.
s 209 prev s 209 ins 2011 No. 14s 15
om 2014 No. 32s 27 (retro)
pres s 209 ins 2020 No. 20s 17
210
Requirements for registration
(1)
The appointment of a person as an agent has no effect unless—
(a)
the person is an adult; and
(b)
the person has—
(i)
consented to the appointment in writing; and
(ii)
signed a declaration that the person is eligible for appointment; and
(c)
the commission is given written notice of the appointment that—
(i)
states the person’s name and address; and
(ii)
includes or is accompanied by the consent and declaration mentioned in paragraph (b).
(2)
A person is not eligible to be appointed, or to hold office, as an agent for this part if the person has been convicted of an offence against this part.
s 210 ins 2011 No. 14s 15
amd 2014 No. 32s 28 (retro)
sub 2020 No. 20s 17
211
Register of agents
(1)
The commission must keep a register called the register of agents.
(2)
The register of agents must include the name and address of each person appointed as the agent of a registered political party, candidate or third party for this part.
(3)
An entry in the register of agents about a person appointed as the agent of a registered political party, candidate or third party, for this part, is evidence that the person is the agent of the party, candidate or third party.
s 211 ins 2011 No. 14s 15
amd 2014 No. 32s 29 (retro)
sub 2020 No. 20s 17
212
Registration of agent
(1)
The appointment of a person as an agent—
(a)
takes effect when the person’s name is entered in the register of agents; and
(b)
ends when—
(i)
the person resigns the person’s appointment as agent; or
(ii)
the entity that appointed the person revokes the person’s appointment; or
(iii)
the person dies; or
(iv)
the person is convicted of an offence against this part.
(2)
A person’s name must not be removed from the register of agents unless—
(a)
the person gives the commission written notice that the person has resigned the person’s appointment as agent; or
(b)
the entity that appointed the person gives the commission written notice that the person’s appointment has been revoked; or
(c)
the person dies; or
(d)
the person is convicted of an offence against this part; or
(e)
if the entity that appointed the person is a registered political party or registered third party—the entity’s registration is cancelled.
(3)
If a person’s appointment as the agent of an entity ends, the entity must, within 28 days after the person’s appointment ends, give the commission—
(a)
written notice that states—
(i)
the person’s appointment has ended; and
(ii)
the day the appointment ended; and
(iii)
the reason the appointment ended; and
(b)
if the entity is required to have an agent under this part—written notice under section 210 of the appointment of another person as the entity’s agent.
s 212 ins 2011 No. 14s 15
sub 2020 No. 20s 17
213
Responsibility for action in absence of agent
(1)
This section applies if—
(a)
this part imposes an obligation on the agent of—
(i)
a registered political party; or
(ii)
a third party who is not an individual, whether or not the third party is registered under division 12; and
(b)
the entity does not have an agent for this part.
(2)
Each member of the executive committee (however described) of the entity is responsible for the obligation as if this part applied to the member of the committee.
s 213 ins 2011 No. 14s 15
sub 2020 No. 20s 17
Division 3
Managing political donations and electoral expenditure
pt 11 div 3 hdg prev pt 11 div 3 hdg ins 2011 No. 14s 15
om 2014 No. 32s 34 (retro)
pres pt 11 div 3 hdg ins 2020 No. 20s 17
Subdivision 1
Preliminary
pt 11 div 3 sdiv 1 hdg ins 2020 No. 20s 17
214
Application of division
This division applies to each of the following participants in an election—
(a)
a candidate in the election;
(b)
a registered political party;
(c)
a third party registered for the election;
(d)
another third party if, under section 297, the third party is required to be registered for the election.
s 214 ins 2011 No. 14s 15
amd 2014 No. 32s 30 (retro)
sub 2020 No. 20s 17
Subdivision 2
State campaign accounts
pt 11 div 3 sdiv 2 hdg ins 2020 No. 20s 17
215
Requirement to keep State campaign account
(1)
The agent of a participant in an election must take all reasonable steps to ensure the participant keeps a separate bank account for the election until each obligation mentioned in subsection (2) that applies to the participant or the participant’s agent for the election ends.
Maximum penalty—200 penalty units.
(2)
For subsection (1), the obligations are each obligation under this part that relates to—
(a)
a political donation made during a donation cap period for the election; or
(b)
electoral expenditure incurred by the election participant; or
(c)
repayment of a loan that is paid into the participant’s State campaign account; or
(d)
if a political donation of property other than money is made during a donation cap period for the election—the disposal of the property.
(3)
The bank account mentioned in subsection (1) is the election participant’s State campaign account.
s 215 prev s 215 ins 2011 No. 14s 15
om 2014 No. 32s 31 (retro)
pres s 215 ins 2020 No. 20s 17
216
Payments into State campaign account
(1)
A person must not pay an amount into the State campaign account of a registered political party or candidate if the person knows, or ought reasonably to know, the amount is not an amount that may be paid into the account under subsection (2).
Maximum penalty—200 penalty units.
(2)
An amount may be paid into the State campaign account of a registered political party or candidate if the amount is—
(a)
an amount of election funding paid to the party or candidate under division 4; or
(b)
a political donation of money made to, or for the benefit of, the party or candidate, other than a political donation made or received in contravention of division 6 or 8; or
(c)
an amount received for the disposal of a political donation of property, other than a political donation made or received in contravention of division 6; or
(d)
for the State campaign account of a candidate—an amount contributed by the candidate from the candidate’s own funds or funds held jointly with the candidate’s spouse (other than an amount given to the spouse by a prohibited donor); or
(e)
the amount of a loan to the party or candidate, other than a loan received in contravention of division 8, subdivision 3; or
(f)
an amount that is a return on an investment, or an amount redeemed from an investment, made by the party or candidate if the amount invested was paid from the account; or
Note—
See section 218 for the requirement to pay amounts relating to an investment into a State campaign account.
(g)
an amount received by the party or candidate—
(i)
as a disposition of money by will; or
(ii)
for the disposal of other property received by the recipient as a disposition by will; or
(h)
a fundraising contribution, other than to the extent the contribution or amount is a gift mentioned in section 201(2)(d); or
(i)
for the State campaign account of a registered political party—
(i)
an amount of $500 or less, in total, paid by a person during a calendar year for—
(A)
the person’s subscription for membership of the party payable during that year; or
(B)
the person’s affiliation with the party payable during that year, other than to the extent the amount is paid under a sponsorship arrangement; or
(ii)
an amount paid to the party as a compulsory levy imposed on elected members under the party’s constitution; or
(j)
if the party or candidate kept a State campaign account for another election and the amounts paid into that account complied with this section—an amount paid from the other State campaign account.
(3)
A person does not commit an offence against subsection (1) if the person or another person, on becoming aware an amount was paid into a State campaign account in contravention of that subsection, takes all reasonable steps to ensure the amount is withdrawn from the account within 5 business days after becoming aware.
(4)
In this section—
disposition, by will, see the Succession Act 1981, section 5.
prohibited donor see section 273(1).
s 216 ins 2011 No. 14s 15
amd 2014 No. 32s 32 (retro)
sub 2020 No. 20s 17
amd 2022 No. 13s 4
217
Requirements for loan amounts paid into State campaign account
(1)
This section applies if—
(a)
an election participant is a registered political party or candidate; and
(b)
the amount of a loan made to the participant is paid into the participant’s State campaign account.
(2)
A person must not pay an amount payable under the loan unless the person pays the amount from the election participant’s State campaign account.
Maximum penalty—200 penalty units.
(3)
If the election participant, or a person acting with the participant’s authority, becomes aware an amount is a non-donation loan amount, the participant or person must ensure an amount equal to the non-donation loan amount is withdrawn from the participant’s State campaign account within 5 business days after becoming aware.
Maximum penalty—200 penalty units.
(4)
A person does not commit an offence against subsection (2) or (3) if the person has a reasonable excuse.
(5)
In this section—
amount payable, under a loan, includes—
(a)
an amount of the principal or interest payable on the loan; and
(b)
a fee, duty or other charge payable for the loan.
non-donation loan amount means an amount forgiven on a loan, to the extent the amount is not a political donation.
Note—
See section 250(1) for the requirement for an amount to be accompanied by a donor statement to be a political donation.
s 217 ins 2011 No. 14s 15
amd 2014 No. 32s 33 (retro)
sub 2020 No. 20s 17
218
Return on investment must be paid into State campaign account
(1)
This section applies if—
(a)
an election participant is a registered political party or candidate; and
(b)
an amount paid from the participant’s State campaign account was invested or reinvested; and
(c)
the participant, or a person acting with the participant’s authority, receives an amount as a return on the investment; and
(d)
the participant or person knows, ought reasonably to know or becomes aware that the amount is a return on the investment.
(2)
The election participant or person must ensure the amount received is paid into the participant’s State campaign account within 5 business days after the participant or person—
(a)
receives the amount; or
(b)
becomes aware that amount is a return on the investment.
Maximum penalty—200 penalty units.
(3)
A person does not commit an offence against subsection (2) if the person—
(a)
reinvests the amount; or
(b)
has a reasonable excuse.
(4)
In this section—
return, on an amount invested, includes an amount received for the redemption of the investment or part of the investment.
s 218 prev s 218 ins 2011 No. 14s 15
om 2014 No. 32s 34 (retro)
pres s 218 ins 2020 No. 20s 17
Subdivision 3
Managing political donations
pt 11 div 3 sdiv 3 hdg ins 2020 No. 20s 17
219
Political donations of money must be paid into State campaign account
(1)
This section applies if a political donation of money is made to, or for the benefit of, a registered political party or candidate in an election.
(2)
A person who receives the donor statement that accompanies the political donation must ensure the donation is paid into the State campaign account of the party or candidate within 5 business days after receiving the donor statement.
Note—
See section 250(1) for the requirement for a political donation to be accompanied by a donor statement.
Maximum penalty—200 penalty units.
(3)
A person does not commit an offence against subsection (2) if the person has a reasonable excuse.
s 219 prev s 219 ins 2011 No. 14s 15
om 2014 No. 32s 34 (retro)
pres s 219 ins 2020 No. 20s 17
220
Requirement to keep records about political donations of other property
(1)
This section applies if a political donation of property other than money is made to, or for the benefit of, a registered political party or candidate in an election.
(2)
The party or candidate, or a person acting with the authority of the party or candidate, must ensure a record about the political donation that complies with subsection (3) is kept for at least 5 years after the property is disposed of.
Maximum penalty—20 penalty units.
(3)
A record about the political donation must include the following information—
(a)
a description of the donation;
(b)
the day the donation was received;
(c)
the value of the donation;
(d)
the name and address of the person who made the donation;
(e)
if the property has been disposed of—
(i)
the day of the disposal; and
(ii)
the amount received for the disposal.
(4)
A person does not commit an offence against subsection (2) if the person has a reasonable excuse.
s 220 prev s 220 ins 2011 No. 14s 15
om 2014 No. 32s 34 (retro)
pres s 220 ins 2020 No. 20s 17
221
Proceeds from disposal of political donation of other property
(1)
This section applies if—
(a)
a registered political party or candidate in an election receives a political donation of property other than money; and
(b)
the property is disposed of.
(2)
A person who receives an amount for the disposal of the property must ensure the amount is paid into the State campaign account of the party or candidate within 5 business days after the amount is received.
Maximum penalty—200 penalty units.
(3)
A person does not commit an offence against subsection (2) if the person has a reasonable excuse.
s 221 prev s 221 ins 2011 No. 14s 15
om 2014 No. 32s 34 (retro)
pres s 221 ins 2020 No. 20s 17
Subdivision 4
Managing payment of electoral expenditure
pt 11 div 3 sdiv 4 hdg ins 2020 No. 20s 17
221A
Electoral expenditure must be paid from State campaign account
(1)
If a person knows, or ought reasonably to know, that an amount to be paid is for electoral expenditure incurred by or for an election participant, the person must ensure the amount is paid from the participant’s State campaign account.
Maximum penalty—200 penalty units.
(2)
A person does not commit an offence against subsection (1) if the amount is reimbursed from the participant’s State campaign account within 6 weeks after the amount was paid.
s 221A ins 2020 No. 20s 17
Subdivision 5
General
pt 11 div 3 sdiv 5 hdg ins 2020 No. 20s 17
221B
Notice of State campaign account
(1)
This section applies if an entity becomes a participant in an election, including because any of the following events happens—
(a)
a political party is registered under part 6;
(b)
a person becomes a candidate in an election;
(c)
a third party—
(i)
is registered for an election; or
(ii)
incurs electoral expenditure for an election to the extent it becomes a third party that is required, under section 297, to be registered for the election.
(2)
The agent of the election participant must give the commission a notice, in the approved form, about the participant’s State campaign account for the election within 5 business days after the entity becomes a participant in the election, unless the agent has a reasonable excuse.
Maximum penalty—20 penalty units.
(3)
If a required detail of an election participant’s State campaign account changes, the agent of the participant must give the commission a notice about the change, in the approved form, within 5 business days after the change happens, unless the agent has a reasonable excuse.
Maximum penalty—20 penalty units.
(4)
In this section—
required detail, of a State campaign account, means a detail about the account required to be stated in the approved form mentioned in subsection (2).
s 221B ins 2020 No. 20s 17
Division 4
Election funding
pt 11 div 4 hdg ins 2011 No. 14s 15
Subdivision 1
Preliminary
pt 11 div 4 sdiv 1 hdg ins 2011 No. 14s 15
222
Interpretation
(1)
For this division, electoral expenditure is taken to have been incurred for an election—
(a)
if the expenditure is incurred for a campaign purpose that relates to the election; and
(b)
whether or not the expenditure is incurred during the capped expenditure period for the election.
(2)
For this division, if a registered political party and a candidate endorsed by the registered political party both claim to have incurred the same item of electoral expenditure, the electoral expenditure is taken to be electoral expenditure incurred by the party.
s 222 ins 2011 No. 14s 15
amd 2014 No. 32s 35 (retro); 2020 No. 20 s 18
Subdivision 2
Entitlement to election funding
pt 11 div 4 sdiv 2 hdg ins 2011 No. 14s 15
223
Entitlement to election funding—registered political parties
(1)
A registered political party is entitled to election funding under this section for all elections held on the same day if, in relation to a candidate whom the party endorses in an election, the total number of formal first preference votes given for the candidate is at least 4% of the total number of formal first preference votes made in the election.
(2)
The amount of election funding to which the registered political party is entitled is the lesser of—
(a)
the election funding amount calculated under section 225 for each formal first preference vote given for a candidate mentioned in subsection (1); and
(b)
the amount of electoral expenditure—
(i)
claimed in relation to the registered political party for all elections held that day; and
(ii)
accepted by the commission under section 231.
s 223 ins 2011 No. 14s 15
amd 2014 No. 32s 36 (retro); 2020 No. 20s 19
224
Entitlement to election funding—candidates
(1)
A candidate in an election is entitled to election funding under this section if the total number of formal first preference votes given for the candidate in the election is at least 4% of the total number of formal first preference votes made in the election.
(2)
The amount of election funding to which the candidate is entitled is the lesser of—
(a)
the election funding amount calculated under section 225 for each formal first preference vote given for the candidate in the election; and
(b)
the amount of electoral expenditure—
(i)
claimed in relation to the candidate for the election; and
(ii)
accepted by the commission under section 231.
s 224 ins 2011 No. 14s 15
amd 2014 No. 32s 37 (retro); 2020 No. 20s 20
225
Election funding amount
(1)
For section 223(2)(a) or 224(2)(a), the election funding amount is—
(a)
for the financial year that starts on 1 July 2022—
(i)
if the entity entitled to the funding is a registered political party—$6.00; or
(ii)
if the entity entitled to the funding is a candidate—$3.00; or
(b)
for each subsequent financial year, the amount worked out (to 3 decimal places) under subsection (2).
(2)
The election funding amount is adjusted for each financial year on 1 July using the formula—
where—
A is the election funding amount immediately before 1 July in a year.
B is the CPI number published for the March quarter in the year.
C is the CPI number published for the March quarter in the previous year.
(3)
However, if, for a particular financial year, adjustment of the election funding amount would reduce the amount, the amount is not to be adjusted for the year.
(4)
If an amount would, if calculated to 4 decimal places, end with a number more than 4, the amount is taken to be the amount calculated to 3 decimal places and increased by 0.001.
s 225 ins 2011 No. 14s 15
sub 2014 No. 32s 38 (retro)
amd 2020 No. 20ss 21, 56sch 1
Subdivision 3
Claims for election funding
pt 11 div 4 sdiv 3 hdg ins 2011 No. 14s 15
226
Making a claim
(1)
A claim for election funding may be made by—
(a)
a candidate; or
(b)
the agent of a registered political party or candidate.
(2)
A claim must state all electoral expenditure for which election funding is sought.
s 226 ins 2011 No. 14s 15
amd 2014 No. 32s 39 (retro)
227
Candidate may give direction about payment of election funding
(1)
A candidate or the candidate’s agent may, at any time, give the commission a direction (a payment direction) that election funding to which the candidate is, or may be, entitled for an election should be paid to a registered political party that endorsed the candidate in the election.
(2)
A payment direction—
(a)
must be in writing; and
(b)
may be revoked by the candidate or agent, by written notice given to the commission, with the consent of the agent of the registered political party.
s 227 ins 2011 No. 14s 15
amd 2014 No. 32s 40 (retro); 2020 No. 20s 56sch 1
228
Electoral expenditure incurred
(1)
A claim for election funding made by the agent of a registered political party must state electoral expenditure—
(a)
incurred by the party for all elections held on the same day; and
(b)
for which election funding is sought.
(2)
A claim for election funding made by a candidate or the candidate’s agent must state electoral expenditure—
(a)
incurred by the candidate for the election; and
(b)
for which election funding is sought.
s 228 ins 2011 No. 14s 15
amd 2014 No. 32s 41 (retro)
229
Form of claim
(1)
A claim must be in the approved form.
(2)
The approved form must, if the form requires, be verified by statutory declaration.
s 229 ins 2011 No. 14s 15
230
Lodging of claim
(1)
A claim for election funding for an election or elections must be lodged with the commission—
(a)
during the period of 20 weeks after the polling day for the election or elections to which the claim relates; or
(b)
within a longer period the commission, before the end of the period specified in paragraph (a), fixes.
(2)
The commission must not fix a longer period under subsection (1)(b) unless it is satisfied it is justified in the circumstances.
s 230 ins 2011 No. 14s 15
amd 2014 No. 32s 42 (retro)
231
Deciding claim
(1)
The commission must, after receiving a claim—
(a)
decide whether to accept or refuse the claim, in whole or in part; and
(b)
to the extent the commission accepts the claim, pay the amount required by section 232.
(2)
In deciding whether to accept or refuse a claim for election funding for an election in whole or in part, the commission must only consider—
(a)
whether expenditure claimed is electoral expenditure; and
(b)
if expenditure claimed is electoral expenditure—
(i)
whether the electoral expenditure was incurred for the election; and
(ii)
whether the registered political party or candidate is entitled under section 223 or 224 to the amount claimed.
(3)
The commission may, by written notice, require the candidate or agent of the registered political party or candidate to provide further information the commission reasonably requires to decide whether to accept or refuse the claim.
s 231 ins 2011 No. 14s 15
amd 2014 No. 32s 43 (retro)
232
Accepting a claim
(1)
This section applies if—
(a)
a claim is made by the candidate or agent of a registered political party or candidate in relation to an election or elections; and
(b)
the commission accepts the claim, in whole or in part.
(2)
The commission must pay the amount under section 223(2) or 224(2) as applicable.
s 232 ins 2011 No. 14s 15
amd 2014 No. 32s 44 (retro)
233
Refusing a claim
If a claim is refused, in whole or in part, the commission must give the candidate or agent who made the claim a notice that states—
(a)
that the claim has been refused, in whole or in part; and
(b)
the reasons for the refusal.
s 233 ins 2011 No. 14s 15
amd 2014 No. 32s 45 (retro)
234
Application for reconsideration of decision refusing a claim
(1)
If a claim is refused, in whole or in part, the candidate or agent who made the claim may apply to the commission for the commission to reconsider the decision.
(2)
The application must—
(a)
be in writing; and
(b)
set out the reasons for the application.
(3)
The application must be made within—
(a)
28 days after the day on which the candidate or relevant agent is notified of the refusal; or
(b)
if, either before or after the end of that period of 28 days, the commission extends the period within which the application may be made—the extended period for making the application.
s 234 ins 2011 No. 14s 15
amd 2014 No. 32s 46 (retro)
235
Reconsideration by commission
(1)
On receiving an application under section 234, the commission must—
(a)
reconsider the decision; and
(b)
decide to—
(i)
affirm the decision; or
(ii)
vary the decision; or
(iii)
set aside the decision and make another decision.
(2)
The commission must give the candidate or agent who made the application a notice stating the decision on the reconsideration together with a statement of the reasons for the decision.
(3)
If the commission’s decision on the reconsideration would require an amount, or an additional amount, of election funding to be paid, the commission must pay the amount within 20 days after the day of its decision.
s 235 ins 2011 No. 14s 15
amd 2014 No. 32s 47 (retro)
Subdivision 4
Payments of election funding
pt 11 div 4 sdiv 4 hdg ins 2011 No. 14s 15
236
Making of payments
(1)
If the commission is satisfied an amount of election funding claimed by the agent of a registered political party is payable to the party, the commission must pay the amount to the agent.
(2)
If the commission is satisfied an amount of election funding claimed by a candidate or the candidate’s agent is payable to the candidate, the commission must pay the amount—
(a)
to the candidate or candidate’s agent; or
(b)
if the candidate has given the commission a payment direction, to the registered political party’s agent.
(3)
If a payment is made under this division and the recipient is not entitled to receive the whole or a part of the amount paid, whether because of a false statement in a claim or otherwise, the amount or the part of the amount may be recovered by the State as a debt due to the State.
s 236 ins 2011 No. 14s 15
amd 2014 No. 32s 48 (retro)
Subdivision 5
Miscellaneous
pt 11 div 4 sdiv 5 hdg ins 2011 No. 14s 15
237
Death of candidates
If a candidate who dies would, but for his or her death, have been entitled to election funding under this division, the commission may pay the election funding to—
(a)
if a payment direction was in force in relation to the election funding, the registered political party mentioned in the payment direction; or
(b)
otherwise, the candidate’s legal personal representative.
s 237 ins 2011 No. 14s 15
238
Varying decisions accepting claims
(1)
The commission may vary a decision (the claim decision) made under section 231 to accept an amount of electoral expenditure stated in a claim if the commission is satisfied—
(a)
the amount of electoral expenditure should not have been accepted; or
(b)
only a lesser amount of electoral expenditure should have been accepted.
(2)
If the commission makes a decision (the variation decision) to vary the claim decision, sections 233, 234 and 235 apply in relation to the variation decision as if it were, to the extent of the variation, a decision of the commission to refuse the claim.
(3)
If the commission makes a variation decision, and the total amount of election funding that has been paid to a person under the claim decision exceeds the amount that, under the variation decision, should have been paid to the person—
(a)
the amount of the excess is an overpayment; and
(b)
the overpayment may be recovered by the State as a debt due to the State.
s 238 ins 2011 No. 14s 15
Division 5
Policy development payments
pt 11 div 5 hdg prev pt 11 div 5 hdg ins 2011 No. 14s 15
om 2012 No. 37s 15
pres pt 11 div 5 hdg ins 2014 No. 32s 49 (retro)
sub 2020 No. 20s 22
pt 11 div 5 sdiv 1 hdg ins 2011 No. 14s 15
om 2012 No. 37s 15
pt 11 div 5 sdiv 2 hdg ins 2011 No. 14s 15
om 2012 No. 37s 15
pt 11 div 5 sdiv 3 hdg ins 2011 No. 14s 15
om 2012 No. 37s 15
239
Entitlement to policy development payment—registered political party
(1)
A registered political party (an eligible registered political party) is entitled to a policy development payment for a 6-month period if—
(a)
the political party was a registered political party on—
(i)
the polling day for the most recent general election; and
(ii)
the last day of the period; and
(b)
the commission is satisfied—
(i)
at least 1 elected member was a candidate endorsed by the political party for the election; and
(ii)
during the election period for the election, the elected member claimed to be a candidate endorsed by the political party; and
(iii)
the elected member, or another elected member, is a member of the political party on the last day of the 6-month period.
(2)
This section does not apply if the registered political party has given the commission written notice that the party does not wish to receive policy development payments and has not withdrawn the notice in writing.
s 239 prev s 239 ins 2011 No. 14s 15
om 2012 No. 37s 15
pres s 239 ins 2014 No. 32s 49 (retro)
sub 2020 No. 20s 22
240
Entitlement to policy development payment—independent member
(1)
An elected member is entitled to a policy development payment for a 6-month period if the commission is satisfied the member is an independent member on the last day of the 6-month period.
(2)
An independent member is an elected member who—
(a)
was an independent candidate in the most recent general election; and
(b)
is not a member of a registered political party.
(3)
This section does not apply if the independent member has given the commission written notice that the member does not wish to receive policy development payments and has not withdrawn the notice in writing.
s 240 prev s 240 ins 2011 No. 14s 15
om 2012 No. 37s 15
pres s 240 ins 2014 No. 32s 49 (retro)
sub 2020 No. 20s 22
241
Amount of policy development payment
(1)
The amount of policy development payment for a 6-month period, for an eligible registered political party or independent member, is the amount worked out using the following formula—
where—
A means the amount prescribed under a regulation for this definition.
B, for a 6-month period, means the combined vote and seat ratio for the registered political party or independent member worked out under subsection (2) for the period.
C, for a 6-month period, means the sum of the combined vote and seat ratios for each eligible registered political party and independent member worked out under subsection (2) for the period.
(2)
The combined vote and seat ratio for an eligible registered political party or independent member, for a 6-month period, is the sum of—
(a)
the vote ratio for the party or independent member for the period under section 242; and
(b)
the seat ratio for the party or independent member for the period under section 243.
s 241 prev s 241 ins 2011 No. 14s 15
om 2012 No. 37s 15
pres s 241 ins 2014 No. 32s 49 (retro)
sub 2020 No. 20s 22
242
Meaning of vote ratio for eligible registered political party or independent member
(1)
The vote ratio for an eligible registered political party for a 6-month period is—
(a)
the total number of formal first preference votes given in the most recent general election to each candidate who—
(i)
was endorsed for the election by the political party; and
(ii)
polled at least 4% of the total number of formal first preference votes given in the candidate’s electoral district;
divided by—
(b)
the total number of relevant first preference votes at that general election.
(2)
The vote ratio for an independent member for a 6-month period is—
(a)
the total number of formal first preference votes given to the member in the most recent general election;
divided by—
(b)
the total number of relevant first preference votes at that general election.
(3)
Each of the following votes is a relevant first preference vote at a general election—
(a)
a formal first preference vote given to each candidate in the election who—
(i)
was endorsed for the election by a registered political party; and
(ii)
polled at least 4% of the total number of formal first preference votes given in the candidate’s electoral district;
(b)
a formal first preference vote given to an independent candidate in the election who was elected.
(4)
A vote is given in a candidate’s electoral district if the vote is given to—
(a)
the candidate; or
(b)
another candidate for election in the same electoral district in which the candidate is a candidate for election.
s 242 prev s 242 ins 2011 No. 14s 15
om 2012 No. 37s 15
pres s 242 ins 2014 No. 32s 49 (retro)
sub 2020 No. 20s 22
243
Meaning of seat ratio for eligible registered political party or independent member
(1)
The seat ratio for an eligible registered political party for a 6-month period is the number of eligible seats held by the party worked out under subsection (2), divided by 93.
Note—
There are 93 electoral districts in the State—see section 34.
(2)
For subsection (1), the number of eligible seats held by an eligible registered political party for a 6-month period is the number of elected members who, at the most recent general election, were candidates endorsed by the political party.
(3)
The seat ratio for an independent member for a 6-month period is 1 divided by 93.
s 243 prev s 243 ins 2011 No. 14s 15
om 2012 No. 37s 15
pres s 243 ins 2014 No. 32s 49 (retro)
sub 2020 No. 20s 22
244
Payment of policy development payment
(1)
After the end of a 6-month period, the commission must decide—
(a)
for each registered political party—whether the party is entitled to a policy development payment for the period under section 239; and
(b)
for each elected member who is not a member of a registered political party on the last day of the period—whether the member is entitled to a policy development payment for the period under section 240; and
(c)
the amount of the policy development payment to which each eligible registered political party and independent member is entitled under section 241 for the period.
(2)
The commission must, after deciding the matters mentioned in subsection (1) for the 6-month period—
(a)
give each registered political party a notice that states the commission’s decisions under subsection (1)(a) and (c) for the party; and
(b)
for each elected member to whom subsection (1)(b) applies—give the member a notice that states the commission’s decisions under subsection (1)(b) and (c) for the member; and
(c)
pay the policy development payment for the 6-month period to each eligible registered political party and independent member within 1 month after the end of the period.
(3)
However, if a general election is held during a 6-month period and the writ for the election is not returned by the end of the period, the commission must pay a policy development payment for the period within 1 month after the day on which the writ for the election is returned.
(4)
For this division, a person who is elected at a general election is taken to have been elected on the day after the Legislative Assembly was last dissolved before the election was held.
s 244 prev s 244 ins 2011 No. 14s 15
om 2012 No. 37s 15
pres s 244 ins 2014 No. 32s 49 (retro)
sub 2020 No. 20s 22
245
Application for reconsideration of decision about policy development payment
(1)
This section applies if the commission gives a registered political party or elected member a notice about a decision made by the commission under section 244(1)(a), (b) or (c).
(2)
The agent of the registered political party or elected member may apply to the commission for reconsideration of the decision.
(3)
The application must—
(a)
be in the approved form; and
(b)
state the reasons for the application; and
(c)
be made within 1 month after the notice is given.
(4)
On receiving an application, the commission must reconsider the decision and decide to—
(a)
affirm or vary the decision; or
(b)
set aside the decision and make a substitute decision.
(5)
The commission must give the agent a notice that states the decision on the reconsideration and the reasons for the decision.
s 245 prev s 245 ins 2011 No. 14s 15
om 2012 No. 37s 15
pres s 245 ins 2020 No. 20s 22
246
Recalculation of policy development payment
(1)
This section applies if the commission varies a decision, or makes a substitute decision, for a 6-month period under section 245.
(2)
The commission must recalculate the amount of the policy development payment to which each eligible registered political party and independent member is entitled for the 6-month period under section 241.
(3)
The difference between the policy development payment paid to a registered political party or elected member for a 6-month period and the amount calculated under subsection (2) is—
(a)
if the amount paid is less than the recalculated amount—an underpayment; or
(b)
if the amount paid is more than the recalculated amount—an overpayment.
(4)
The commission must pay the amount of an underpayment to a registered political party or elected member as soon as practicable after the recalculation under subsection (2).
(5)
The amount of an overpayment is payable by a registered political party or elected member to the State and may be recovered as a debt due to the State.
(6)
The commission must give each registered political party and elected member given a notice for the 6-month period under section 244(2) a further notice that states—
(a)
the commission’s decision on the reconsideration and the reasons for the decision; and
(b)
the result of the commission’s recalculation under subsection (2); and
(c)
if the result of the recalculation is an overpayment—
(i)
that the party or member must repay the amount of the overpayment to the State; and
(ii)
the commission may recover the amount as a debt due to the State.
s 246 prev s 246 ins 2011 No. 14s 15
om 2012 No. 37s 15
pres s 246 ins 2020 No. 20s 22
Division 6
Political donations and caps on political donations
pt 11 div 6 hdg prev pt 11 div 6 hdg ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres pt 11 div 6 hdg ins 2020 No. 20s 22
Subdivision 1
Preliminary
pt 11 div 6 sdiv 1 hdg ins 2020 No. 20s 22
247
Meaning of donation cap period
(1)
The donation cap period for a candidate in an election (the current election) is the period that—
(a)
starts—
(i)
if the candidate was a candidate in a by-election held after the last general election—30 days after the polling day for the last by-election in which the candidate was a candidate; or
(ii)
otherwise—30 days after the polling day for the last general election; and
(b)
ends 30 days after the polling day for the current election.
(2)
The donation cap period for a registered political party is each period that—
(a)
starts 30 days after the polling day for a general election; and
(b)
ends 30 days after the polling day for the next general election.
s 247 ins 2020 No. 20s 22
249
s 249 ins 2011 No. 14s 15
om 2012 No. 37s 15
Subdivision 2
Political donations and donation caps
pt 11 div 6 sdiv 2 hdg ins 2020 No. 20s 22
250
Meaning of political donation
(1)
A gift or loan is a political donation if the gift or loan is—
(a)
made to, or for the benefit of, a registered political party or candidate in an election; and
(b)
accompanied by a donor statement.
(2)
However, an amount of electoral expenditure gifted to a registered political party or candidate in an election is a political donation whether or not the gift is accompanied by a donor statement.
(3)
This section applies to a gift or loan made by a person even if the person was outside Queensland when the person made the gift or loan.
(4)
In this division, a reference to a political donation made to a registered political party or candidate in an election includes a political donation made to another person if the donation is made for the benefit of the party or candidate.
(5)
In this section—
loan means a loan made for no consideration or inadequate consideration.
s 250 prev s 250 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres s 250 ins 2020 No. 20s 22
251
Meaning of donor statement
(1)
A donor statement about a gift or loan is a statement about the gift or loan that complies with this section.
(2)
A donor statement about a gift or loan must—
(a)
be in writing; and
(b)
be made by the donor of the gift or loan; and
(c)
state—
(i)
if the gift or loan is made to or for the benefit of an electoral committee under section 203 established by a registered political party for an electoral district—the registered political party and electoral district; or
(ii)
otherwise—the name of the election participant (the recipient) to whom, or for the benefit of whom, the gift or loan is made; and
(d)
state that the gift or loan is made with the intention that it is used for an electoral purpose; and
(e)
state the relevant particulars of the donor of the gift or loan; and
(f)
be given to the recipient with the gift or loan, or within 14 days after the gift or loan is made.
(3)
For subsection (2)(c), if section 205A applies to the gift or loan, the recipient is the ultimate recipient of the ultimate gift or loan under that section.
(4)
In this section—
donor, of a gift or loan, means—
(a)
if section 205A applies to the gift or loan—the person who made the first gift or loan under that section; or
(b)
otherwise—the person who made the gift or loan.
s 251 prev s 251 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres s 251 ins 2020 No. 20s 22 (amd 2022 No. 13s 12)
252
Amount of donation cap
(1)
The donation cap for a registered political party is $4,000.
(2)
The donation cap for a candidate in an election is $6,000.
(3)
However, if the amount of a donation cap for a registered political party or candidate in an election has been adjusted under section 253, the donation cap for a registered political party or candidate is the amount most recently published as the donation cap by the commission under section 253(3).
s 252 prev s 252 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres s 252 ins 2020 No. 20s 22
253
Adjustment of donation cap
(1)
The amount of the donation cap for a registered political party or candidate in an election is adjusted 30 days after the polling day for each general election (the recent general election) to the greater of the following amounts—
(a)
the amount worked out under subsection (2);
(b)
the amount of the donation cap immediately before it is adjusted under this section.
(2)
The amount is worked out using the following formula—
where—
A means the amount of the donation cap immediately before it is adjusted under this section.
B means the CPI number published for the last quarter that ended before the polling day for the recent general election.
C means the CPI number published for the last quarter that ended before the polling day for the previous general election.
(3)
The commission must publish the amount of the donation cap for a registered political party or candidate in an election on its website as soon as practicable after the amount is adjusted under this section.
(4)
In this section—
previous general election means the general election last held before the recent election.
quarter means the following periods in a year—
(a)
1 January to 31 March;
(b)
1 April to 30 June;
(c)
1 July to 30 September;
(d)
1 October to 31 December.
s 253 prev s 253 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres s 253 ins 2020 No. 20s 22
Subdivision 3
Caps on political donations
pt 11 div 6 sdiv 3 hdg ins 2020 No. 20s 22
254
Caps on political donations made to registered political party
A person must not, during a donation cap period for a registered political party, make a political donation to, or for the benefit of, the party if the amount or value of the donation exceeds the party’s donation cap—
(a)
by itself; or
(b)
when added to the other political donations made by the person to, or for the benefit of, the party during the donation cap period.
Note—
Section 257 provides for circumstances in which a person does not commit an offence against this section.
Maximum penalty—200 penalty units.
s 254 prev s 254 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres s 254 ins 2020 No. 20s 22
255
Caps on political donations made to candidates
A person must not, during a donation cap period for an election, make a political donation to, or for the benefit of, a candidate in the election if the amount or value of the donation exceeds the candidate’s donation cap—
(a)
by itself; or
(b)
when added to the other political donations made by the person to, or for the benefit of, the candidate during the donation cap period; or
(c)
if the candidate is endorsed by a registered political party for the election—when added to the other political donations made, during the donation cap period, by the person to, or for the benefit of—
(i)
the candidate; and
(ii)
each other candidate who, when the political donation was made to or for the candidate’s benefit, was endorsed by the same party.
Note—
Section 257 provides for circumstances in which a person does not commit an offence against this section.
Maximum penalty—200 penalty units.
s 255 prev s 255 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres s 255 ins 2020 No. 20s 22
256
s 256 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
257
Exceptions to ss 254 and 255
(1)
A person does not commit an offence against section 254 or 255 if, within 6 weeks after the person makes the donation—
(a)
the person asks the recipient, in writing, to refund or return the donation, or the amount by which the amount or value of the donation exceeds a donation cap mentioned in that section, to the person; or
(b)
the donation, or the amount by which the amount or value of the donation exceeds a donation cap mentioned in that section, is refunded or returned to the person.
(2)
Sections 254 and 255 do not apply in relation to a political donation if, when it was made, it was a gift to which section 201(4) applied, whether or not it is used for an electoral purpose mentioned in that section.
(3)
In this section—
recipient means the entity to whom, or for the benefit of whom, the political donation was made.
s 257 prev s 257 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres s 257 ins 2020 No. 20s 22
258
Requirement to notify donor about offence to exceed political donation cap
(1)
This section applies if a person (the donor) makes a political donation to, or for the benefit of—
(a)
a registered political party; or
(b)
a candidate in an election; or
(c)
an associated entity of a registered political party or candidate in an election.
(2)
The party, candidate or associated entity, or a person acting with the authority of the party, candidate or associated entity, must, within 14 days after receiving the donation, give the donor a receipt that—
(a)
states the names of the party, candidate or associated entity, and the donor; and
(b)
acknowledges the receipt of the donation from the donor; and
(c)
includes a statement, in the approved form, that summarises the circumstances in which it is an offence, under sections 254 and 255, for a person to make a political donation to, or for the benefit of—
(i)
a registered political party; or
(ii)
a candidate in an election; and
(d)
for a receipt for a political donation made to, or for the benefit of, an associated entity—
(i)
states the name of the registered political party or candidate of which it is an associated entity; and
(ii)
includes a statement, in the approved form, that summarises the effect of sections 204 and 204A in relation to the circumstances mentioned in paragraph (c).
Maximum penalty—20 penalty units.
(3)
A person does not commit an offence against subsection (2) if the person has a reasonable excuse.
(4)
This section applies despite sections 204 and 204A.
s 258 prev s 258 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres s 258 ins 2020 No. 20s 22
259
Cap on political donations to registered political parties or candidates that may be accepted
(1)
This section applies if a person (the donor) makes a political donation to, or for the benefit of, a registered political party or candidate in an election during a donation cap period.
(2)
The registered political party or candidate, or a person acting with the authority of the party or candidate, must not accept the political donation if—
(a)
the amount or value of the donation, by itself, exceeds the donation cap of the party or candidate; or
(b)
both of the following apply—
(i)
the amount or value of the donation exceeds the donation cap of the party or candidate when added to the other political donations made by the same donor to, or for the benefit of, the party or candidate during the donation cap period;
(ii)
the person knows, or ought reasonably to know, the donation would exceed the cap in that way.
Maximum penalty—200 penalty units.
(3)
For subsection (2), a political donation of gifted electoral expenditure is accepted when the expenditure is incurred.
(4)
A person does not commit an offence against subsection (2) if, within 6 weeks after the donation is made, the donation, or the amount by which the amount or value of the donation exceeds the donation cap mentioned in that subsection, is refunded or returned to the donor.
s 259 prev s 259 ins 2011 No. 14s 15
om 2014 No. 32s 50 (retro)
pres s 259 ins 2020 No. 20s 22
259A
Recovery of unlawful political donations
(1)
If a person accepts a political donation in contravention of section 259, the amount by which the amount or value of the donation exceeds a donation cap mentioned in that section is payable to the State.
(2)
The amount may be recovered by the State as a debt due to the State from—
(a)
if the recipient is a registered political party that is not a corporation—the party’s agent; or
(b)
if the recipient is a candidate—the candidate or the candidate’s agent; or
(c)
otherwise—the recipient.
(3)
The imposition of liability to pay an amount to the State under this section—
(a)
is not a punishment or sentence for an offence against section 259 or any other offence; and
(b)
is not a matter to which a court may have regard in sentencing an offender for an offence against section 259 or any other offence.
(4)
In this section—
recipient means the entity to whom, or for the benefit of whom, the unlawful donation was made.
s 259A ins 2020 No. 20s 22
Division 7
Disclosure of gifts and particular loans
pt 11 div 7 hdg ins 2011 No. 14s 15
amd 2014 No. 32s 51 (retro); 2020 No. 20s 56sch 1
Subdivision 1
Preliminary
pt 11 div 7 sdiv 1 hdg ins 2015 No. 2s 11
260
How division applies to gifts that are returned etc. within 6 weeks
(1)
Subject to subsections (2) and (3), this division does not apply to a gift that is returned within 6 weeks after its receipt.
(2)
This division applies to a gift of foreign property within the meaning of division 8, subdivision 1 whether or not the gift is returned within 6 weeks as mentioned in section 268.
(3)
If the gift is returned within 6 weeks after its receipt, any return under this division that includes the value of the gift must also include a statement to the effect that the gift was returned.
s 260 ins 2011 No. 14s 15
amd 2020 No. 20s 56sch 1
260A
How division applies to gift for personal use used for electoral purpose
(1)
This section applies in relation to a gift, to the extent section 201(5) applies to the gift.
Note—
Section 201
(5) deals with a gift made in a private capacity for the recipient’s personal use if the gift, or part of the gift, is later used for an electoral purpose.
(2)
The person who made the gift is not required to comply with a requirement under this division to give the commission a return about the gift.
(3)
A return about the gift given under this division by a person who received the gift must state—
(a)
that, when the gift was made—
(i)
it was made in a private capacity for the recipient’s private use; and
(ii)
the recipient did not intend to use the gift for an electoral purpose; and
(b)
the gift was used for the electoral purpose; and
(c)
the day on which the gift was used for the electoral purpose.
(4)
In this section—
electoral purpose see section 201(6).
s 260A ins 2019 No. 31s 59
sub 2020 No. 20s 23
Subdivision 2
Disclosure
pt 11 div 7 sdiv 2 hdg ins 2015 No. 2s 12
amd 2020 No. 20s 56sch 1
261
Disclosure by candidates of gifts
(1)
If, during the disclosure period for an election, a candidate in the election receives a gift that has a value equal to or more than the gift threshold amount, the candidate’s agent must give the commission a return about the gift.
Notes—
1
Section 204A does not apply to an associated entity of a candidate in an election for this division.
2
See section 294 for the requirement for a return about a gift received by an associated entity of a candidate to be given to the commission.
(2)
The return must—
(a)
be in the approved form; and
(b)
state the following—
(i)
the value of the gift;
(ii)
the date the gift was made;
(iii)
the relevant particulars of the entity that made the gift;
(iv)
if the entity is not the source of the gift—the relevant particulars of the entity that is the source of the gift;
(v)
whether or not the gift is a political donation; and
(c)
be given to the commission by the day, or the time, not more than 15 weeks after the polling day for the election, prescribed by a regulation.
(3)
Also, the agent of a candidate in an election must, within 15 weeks after the polling day for the election, give the commission a return, in the approved form, stating—
(a)
if the candidate received gifts during the disclosure period for the election—
(i)
the total value of all gifts received by the candidate during the disclosure period; and
(ii)
the number of entities who made the gifts; or
(b)
otherwise—that no gifts of a kind required to be disclosed were received.
(4)
For subsection (1), 2 or more gifts made, during the disclosure period for an election, by the same entity to a particular candidate are taken to be 1 gift.
s 261 ins 2011 No. 14s 15
amd 2014 No. 32s 52 (retro)
sub 2015 No. 2s 13
amd 2019 No. 31s 60; 2020 No. 20ss 24A, 56sch 1; 2022 No. 13s 5
262
Loans to candidates
(1)
If, during the disclosure period for an election, a candidate in the election receives a loan of an amount equal to or more than the gift threshold amount, the candidate’s agent must give the commission a return about the loan.
Notes—
1
Section 204A does not apply to an associated entity of a candidate in an election for this division.
2
See section 294 for the requirement for a return about a loan received by an associated entity of a candidate to be given to the commission.
(2)
The return must—
(a)
be in the approved form; and
(b)
state the following—
(i)
the date on which the loan was made;
(ii)
the relevant particulars of the entity that made the loan;
(iii)
the terms and conditions of the loan;
(iv)
if the entity is not the source of the loan—the relevant particulars of the entity that is the source of the loan;
(v)
whether or not the loan is a political donation; and
(c)
be given to the commission by the day, or the time, not more than 15 weeks after the polling day for the election, prescribed by a regulation.
(3)
Also, the agent of a candidate in an election must, within 15 weeks after the polling day for the election, give the commission a return, in the approved form, stating—
(a)
if the candidate received loans during the disclosure period for the election—
(i)
the total value of all loans received by the candidate during the disclosure period; and
(ii)
the number of entities that made the loans; or
(b)
otherwise—that no loans of a kind required to be disclosed were received.
(4)
For subsection (1), 2 or more loans made, during the disclosure period for an election, by the same entity to a particular candidate are taken to be 1 loan.
s 262 ins 2011 No. 14s 15
amd 2014 No. 32s 53 (retro)
sub 2015 No. 2s 13
amd 2019 No. 31s 61; 2020 No. 20s 25; 2022 No. 13s 6
263
Disclosure by third party of gifts used for expenditure for political purposes
(1)
This section applies to a third party if, during the disclosure period for an election, the third party incurs expenditure for political purposes equal to or more than the gift threshold amount.
(2)
The third party must give the commission a return about a gift received by the third party during the disclosure period if—
(a)
the value of the gift is equal to or more than the gift threshold amount; and
(b)
the third party uses the gift, or part of the gift with a value equal to or more than the gift threshold amount—
(i)
to incur expenditure for a political purpose; or
(ii)
to reimburse the third party for expenditure incurred for a political purpose.
(3)
The return must—
(a)
be in the approved form; and
(b)
state—
(i)
the value of the gift; and
(ii)
when the gift was made; and
(iii)
the relevant particulars of the person who gave the gift; and
(c)
be given to the commission by the day, not more than 15 weeks after the polling day for the election, prescribed by a regulation.
(4)
For this section, expenditure is incurred for a political purpose if the expenditure incurred is—
(a)
electoral expenditure; or
(b)
a gift made to, or for the benefit of, a political party or candidate in an election; or
(c)
a gift made to, or for the benefit of, another person to enable the other person, or someone else, to use all or part of the gift for a purpose mentioned in paragraph (a) or (b).
(5)
For subsection (2), 2 or more gifts made, during the disclosure period for an election, by the same entity to another entity are taken to be 1 gift.
s 263 ins 2011 No. 14s 15
amd 2014 No. 32s 54 (retro); 2015 No. 2s 14; 2019 No. 31s 62; 2020 No. 20s 26
264
Disclosure by third parties of gifts to candidates
(1)
This section applies to a third party that makes, during the disclosure period for an election, a gift to a candidate in the election.
(2)
The third party must, by the day prescribed by a regulation, give the commission a return, in the approved form, stating the required details of the gift.
(3)
However, subsection (2) applies only if the value of the gift is equal to or more than the gift threshold amount.
(4)
Subsection (5) applies to the third party if—
(a)
the third party makes, during the disclosure period for the election, more than 1 gift to the candidate; and
(b)
the total value of the gifts made by the third party to the candidate during the disclosure period is equal to or more than the gift threshold amount; and
(c)
a return has not been given under subsection (2) for each of the gifts.
(5)
The third party must, by the day prescribed by a regulation, give the commission a return, in the approved form, stating the required details of each gift.
(6)
For subsections (2) and (5), the day prescribed must be no more than 15 weeks after the polling day for the election to which the return relates.
(7)
This section applies to a third party even if, at the time the third party made the gift, the third party was outside Queensland.
(8)
For this section—
(a)
if a third party makes a gift to an entity with the intention of benefiting a particular candidate, the third party is taken to have made the gift directly to the candidate; and
(b)
the required details of a gift are—
(i)
the value of the gift; and
(ii)
the date on which the gift was made; and
(iii)
the relevant particulars of the entity that made the gift; and
(iv)
if the entity is not the source of the gift—the relevant particulars of the entity that is the source of the gift; and
(v)
whether or not the gift is a political donation.
(9)
As soon as practicable after receiving a gift requiring a return to be given under this section, a candidate must give the third party who gave the gift notice that the third party is required to give a return under this section.
Maximum penalty for subsection (9)—20 penalty units.
s 264 ins 2011 No. 14s 15
amd 2014 No. 32s 55 (retro)
sub 2015 No. 2s 15
amd 2019 No. 31s 63; 2020 No. 20s 56sch 1; 2022 No. 13s 7
265
Gifts to political parties
(1)
This section applies to an entity that makes a gift, or made a gift before the commencement, to a registered political party (the recipient party) in a reporting period.
(2)
If the value of the gift is equal to or more than the gift threshold amount, the entity must, by the day prescribed by a regulation, give the commission a return, in the approved form, stating—
(a)
the value of the gift; and
(b)
the date on which the entity made the gift; and
(c)
the name and address of the recipient party; and
(d)
if the entity is not the source of the gift—the relevant particulars of the entity that is the source of the gift; and
(e)
whether or not the gift is a political donation; and
(f)
if the gift is a political donation made to or for the benefit of an electoral committee under section 203 established by the registered political party for an electoral district—the electoral district.
(3)
Subsection (4) applies to the entity if—
(a)
within the reporting period, the entity makes or made more than 1 gift to the recipient party; and
(b)
the total value of the gifts made by the entity to the recipient party during the reporting period is equal to or more than the gift threshold amount; and
(c)
a return has not been given under subsection (2) for each of the gifts.
(4)
The entity must, by the day prescribed by a regulation, give the commission a return, in the approved form, stating—
(a)
the value of each gift; and
(b)
the date on which the entity made each gift; and
(c)
the name and address of the recipient party; and
(d)
if the entity is not the source of the gift—the relevant particulars of the entity that is the source of the gift; and
(e)
whether or not the gift is a political donation; and
(f)
if the gift is a political donation made to or for the benefit of an electoral committee under section 203 established by the registered political party for an electoral district—the electoral district.
(5)
Subsections (2) and (4) apply to an entity even if, at the time the entity made the gifts, the entity was outside Queensland.
(6)
For subsections (2) and (4), the day prescribed must be no more than 8 weeks after the end of the reporting period in which the gifts were made.
(8)
If an entity makes a gift to a person or body with the intention of benefiting a particular political party, the entity is taken for this section to have made that gift directly to the political party.
(9)
If—
(a)
an entity is required to disclose a gift (the ultimate gift) in a return under subsection (2) or (4); and
(b)
the entity received a gift (the enabling gift) that has a value equal to or more than the gift threshold amount which the entity used to make all or a substantial part of the ultimate gift;
the entity must also disclose the relevant details of the enabling gift in the return.
(10)
For subsection (9), the relevant details of an enabling gift are—
(a)
its value; and
(b)
the date on which it was received; and
(c)
the relevant particulars of the entity that made it; and
(d)
if the entity is not the source of the gift—the relevant particulars of the entity that is the source of the gift.
(11)
This section does not apply to gifts made by any of the following—
(a)
a registered political party;
(b)
an associated entity;
(c)
a candidate in an election.
(12)
If a registered political party receives a gift from an entity for which a return is required under this section, the party must, as soon as practicable after receiving the gift, give the entity a notice that states the entity is required to give the commission a return about the gift under this section.
Maximum penalty—20 penalty units.
s 265 ins 2011 No. 14s 15
sub 2014 No. 32s 56 (retro)
amd 2015 No. 2s 16; 2019 No. 31s 64; 2020 No. 20ss 27, 56sch 1; 2022 No. 13s 8
Subdivision 3
pt 11 div 7 sdiv 3 hdg ins 2015 No. 2s 18
om 2020 No. 20s 28
266
s 266 ins 2011 No. 14s 15
sub 2014 No. 32s 56 (retro)
prev s 266 om 2015 No. 2s 17
pres s 266 ins 2015 No. 2s 18
om 2020 No. 20s 28
266A
s 266A ins 2015 No. 2s 18
om 2020 No. 20s 28
266B
s 266B ins 2015 No. 2s 18
amd 2019 No. 31s 64A
om 2020 No. 20s 28
266C
s 266C ins 2015 No. 2s 18
om 2020 No. 20s 28
266D
s 266D ins 2015 No. 2s 18
om 2020 No. 20s 28
Division 8
Rules about particular gifts and loans
pt 11 div 8 hdg ins 2011 No. 14s 15
Subdivision 1
Gifts of foreign property
pt 11 div 8 sdiv 1 hdg ins 2011 No. 14s 15
267
Interpretation
(1)
In this subdivision—
Australian property means—
(a)
money standing to the credit of an account kept in Australia; or
(b)
other money (for example, cash) that is located in Australia; or
(c)
property, other than money, that is located in Australia.
Note—
For how this subdivision applies to gifts or transfers made using a credit card, see section 269(4).
candidacy period, in relation to a candidate, means the period—
(a)
starting on the earlier of the day on which the person announces that the person will be a candidate in an election, or the day on which the nomination of the person as a candidate in the election is made; and
(b)
ending 30 days after the polling day for the election.
credit card means—
(a)
any article of a kind commonly known as a credit card; or
(b)
any similar article intended for use in obtaining cash, goods or services on credit;
and includes any article of a kind that persons carrying on business commonly issue to their customers or prospective customers for use in obtaining goods or services from those persons on credit.
foreign property means property other than Australian property.
Note—
For how this subdivision applies to gifts or transfers made using a credit card, see subsection 269(4).
gift, in relation to a candidate, has a meaning affected by subsection (2).
(2)
A reference in this subdivision to a gift, in relation to a candidate (or a person acting on behalf of a candidate), does not include a gift made in a private capacity to (or for the benefit of) the candidate if the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.
(3)
For this subdivision, a gift or other transfer enables an entity to do a particular thing if all or a substantial part of the gift or transfer enables the entity—
(a)
to do all or a substantial part of that thing; or
(b)
to be wholly or substantially reimbursed for having done that thing.
s 267 ins 2011 No. 14s 15
amd 2020 No. 20s 56sch 1
268
Subdivision does not apply to gifts that are returned within 6 weeks
This subdivision does not apply to a gift that is returned within 6 weeks after its receipt.
s 268 ins 2011 No. 14s 15
269
Deciding whether a gift or transfer is of Australian or foreign property
(1)
For this subdivision (but without limiting the effect of subsections (2) and (3))—
(a)
a gift or transfer of property is a gift or transfer of Australian property if the property was Australian property immediately before the gift or transfer was made; and
(b)
a gift or transfer of property is a gift or transfer of foreign property if the property was foreign property immediately before the gift or transfer was made.
(2)
For this subdivision, if—
(a)
a person (the donor) transfers foreign property (the primary transfer) to another person (the first recipient); and
(b)
the donor’s main purpose in making the primary transfer is to enable (directly or indirectly) the first recipient, or another person, to make a gift to another entity (the ultimate recipient); and
(c)
the first recipient, or another person, makes a gift (the ultimate gift) to the ultimate recipient; and
(d)
the primary transfer enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate gift;
the ultimate gift is taken to be a gift of foreign property.
(3)
For this subdivision, a gift or transfer is taken to be a gift or transfer of foreign property if—
(a)
a person—
(i)
changes the location of property so that it becomes Australian property; or
(ii)
uses foreign property to acquire Australian property; and
(b)
the person’s main purpose in changing the location of the property, or in acquiring the Australian property, was to enable the person to make a gift or transfer of property that would be Australian property rather than foreign property; and
(c)
the person makes a gift or transfer of Australian property in accordance with that purpose.
(4)
This subdivision applies to a gift or transfer of money made by use of a credit card as if the gift or transfer were of money standing to the credit of an account kept in the country in which the credit card is based.
s 269 ins 2011 No. 14s 15
270
Gifts of foreign property—when unlawful for political party, candidate etc. to receive gift
(1)
It is unlawful for an entity to receive a gift of foreign property in any of the following circumstances—
(a)
the gift is received by a registered political party (or by a person acting on behalf of a registered political party);
(b)
the gift is received by a candidate (or by a person acting on behalf of a candidate) during the candidacy period.
(2)
If an entity specified in column 2 of an item in the following table receives a gift that, under subsection (1), it is unlawful for the entity to receive, an amount equal to the value of the gift is payable to the State by the person or persons specified in column 3 of that item.
Liability for unlawful receipt of gift
Column 1
Item
Column 2
If the recipient is ...
Column 3
the amount is payable by ...
1
a registered political party that is a corporation (or a person acting on behalf of a registered political party that is a corporation)
the registered political party
2
a registered political party that is not a corporation (or a person acting on behalf of a registered political party that is not a corporation)
the agent of the registered political party
3
a candidate (or a person acting on behalf of a candidate)
the candidate and the agent of the candidate
(3)
If, under subsection (2), an amount is payable to the State by 2 or more persons, those persons are jointly and severally liable for the payment of the amount.
(4)
An amount that, under subsection (2), is payable by a person or persons to the State may be recovered by the State as a debt due to the State.
s 270 ins 2011 No. 14s 15
amd 2020 No. 20s 56sch 1
Subdivision 2
Anonymous gifts
pt 11 div 8 sdiv 2 hdg ins 2011 No. 14s 15
271
Particular gifts not to be received
(1)
It is unlawful for a political party or a person acting for a political party to receive a gift made to or for the benefit of the party by another entity, being a gift the value of which is equal to or more than the gift threshold amount, unless—
(a)
the relevant particulars of the entity making the gift are known to the person receiving the gift; or
(b)
at the time the gift is made, the entity making the gift gives to the person receiving the gift his or her relevant particulars and the person receiving the gift has no grounds to believe that the relevant particulars given are not the true relevant particulars of the entity making the gift.
(2)
It is unlawful for a candidate or a person acting for a candidate to receive a gift made to or for the benefit of the candidate being a gift the value of which is equal to or exceeds $200, unless—
(a)
the relevant particulars of the entity making the gift are known to the person receiving the gift; or
(b)
at the time the gift is made, the entity making the gift gives to the person receiving the gift his or her relevant particulars and the person receiving the gift has no grounds to believe the relevant particulars given are not the true relevant particulars of the entity making the gift.
(3)
For subsection (2), a person who is a candidate in an election must be taken to remain a candidate for the time prescribed.
(4)
For this section, 2 or more gifts made by the same person to or for the benefit of a political party, or a candidate, must be taken to be 1 gift.
(5)
If a person receives a gift that, because of this section, it is unlawful for the person to receive, an amount equal to the value of the gift is payable by the person to the State and may be recovered by the State as a debt due to the State from—
(a)
for a gift to or for a political party—
(i)
if the party is a corporation, the party; or
(ii)
otherwise, the agent of the party; or
(b)
otherwise, the candidate or the agent of the candidate.
s 271 ins 2011 No. 14s 15
amd 2014 No. 32s 57 (retro); 2015 No. 2s 19; 2020 No. 20s 56sch 1
Subdivision 3
Records to be kept about loans
pt 11 div 8 sdiv 3 hdg ins 2011 No. 14s 15
sub 2018 No. 9s 12; 2020 No. 20s 29
272
Requirement to keep record about loan received
(1)
This section applies if a loan of an amount that equals or exceeds the gift threshold amount is received—
(a)
by or for a registered political party; or
(b)
by or for an associated entity of a registered political party; or
(c)
by or for a candidate in an election during the disclosure period for the election.
(2)
The following person must keep a record that complies with subsection (3) about the loan—
(a)
for a loan received by or for a registered political party—the agent of the party;
(b)
for a loan received by or for an associated entity of a registered political party—the financial controller of the entity;
(c)
for a loan received by or for a candidate in an election—the agent of the candidate.
(3)
The record about the loan must include—
(a)
the amount of the loan; and
(b)
the terms and conditions of the loan; and
(c)
if the loan was received from a registered industrial organisation—
(i)
the name of the organisation; and
(ii)
the names and addresses of the members of the executive committee (however described) of the organisation; and
(d)
the relevant particulars of the entity that made the loan; and
(e)
if the entity that made the loan is not the source of the loan—the relevant particulars of the entity that is the source of the loan; and
(f)
if the loan is a political donation made to or for the benefit of an electoral committee under section 203 established by the registered political party for an electoral district—the electoral district.
(4)
If a person contravenes subsection (2) in relation to a loan—
(a)
the receipt of the loan is taken to have been unlawful; and
(b)
the amount of the loan is payable by the person to the State.
(5)
The amount may be recovered by the State as a debt due to the State from—
(a)
for a loan received by or for a registered political party that is not a corporation—the agent of the party; or
(b)
for a loan received by or for an associated entity of a registered political party that is not a corporation—the financial controller of the entity; or
(c)
for a loan received by or for a candidate in an election—the candidate or the agent of the candidate; or
(d)
otherwise—the entity that received the loan or for whose benefit the loan was received.
s 272 ins 2011 No. 14s 15
amd 2014 No. 32s 58 (retro); 2015 No. 2s 20; 2019 No. 31s 65
sub 2020 No. 20s 29
amd 2022 No. 13s 9
Subdivision 4
Political donations from property developers
pt 11 div 8 sdiv 4 hdg ins 2018 No. 9s 13
273
Meaning of prohibited donor
(1)
For this subdivision, prohibited donor—
(a)
means—
(i)
a property developer; or
(ii)
an industry representative organisation, a majority of whose members are property developers; but
(b)
does not include an entity for whom a determination is in effect under section 277.
Note—
See section 307C(4) in relation to the non-effect of a determination in particular circumstances.
(2)
For subsection (1)(a), each of the following persons is a property developer—
(a)
a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation—
(i)
in connection with the residential or commercial development of land; and
(ii)
with the ultimate purpose of the sale or lease of the land for profit;
(b)
a close associate of a corporation mentioned in paragraph (a).
(3)
For deciding whether a corporation is a corporation mentioned in subsection (2)(a), any activity engaged in by the corporation for the dominant purpose of providing commercial premises at which the corporation, or a related body corporate of the corporation, will carry on business is to be disregarded, unless the business involves the sale or leasing of a substantial part of the premises.
(4)
Section 205 does not apply for this section.
(5)
In this section—
close associate, of a corporation, means any of the following persons—
(a)
a related body corporate of the corporation;
(b)
a director or other officer of the corporation;
(c)
a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation;
(d)
a spouse of an individual mentioned in paragraph (b) or (c);
(e)
if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security;
(f)
if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust;
(g)
if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust.
director, of a corporation, see the Corporations Act, section 9.
officer, of a corporation, see the Corporations Act, section 9.
related body corporate, of a corporation, see the Corporations Act, section 9.
relevant planning application means—
(a)
an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009; or
(b)
a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or
(c)
an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971; or
(d)
a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about the following under that Act—
(i)
the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area;
(ii)
the imposition of, or change to, conditions on a coordinated project;
(iii)
the preparation or variation of a development scheme; or
(e)
an application for, or to change, a PDA development approval under the Economic Development Act 2012; or
(f)
a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act—
(i)
a priority development area or provisional priority development area;
(ii)
a development scheme, interim land use plan, or PDA-associated development for a priority development area;
(iii)
a provisional land use plan or PDA-associated development for a provisional priority development area; or
(g)
an application or request of a type prescribed by regulation to be a relevant planning application.
stapled entity—
(a)
means an entity the interests in which are traded along with the interests in another entity as stapled securities; and
(b)
for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust.
voting power see the Corporations Act, section 610.
s 273 prev s 273 ins 2011 No. 14s 15
om 2014 No. 32s 59 (retro)
pres s 273 ins 2018 No. 9s 13
274
Meaning of political donation
(1)
For this subdivision, each of the following is a political donation—
(a)
a gift made to or for the benefit of—
(i)
a political party; or
(ii)
a candidate in an election;
(b)
a gift made to or for the benefit of another entity—
(i)
to enable the entity (directly or indirectly) to make a gift mentioned in paragraph (a) or to incur electoral expenditure; or
(ii)
to reimburse the entity (directly or indirectly) for making a gift mentioned in paragraph (a) or incurring electoral expenditure;
(c)
a loan from an entity that, if the loan were a gift, would be a gift mentioned in paragraph (a) or (b).
(2)
Despite section 201(3)(b), a reference in this section to a gift includes a fundraising contribution, to the extent the amount of the contribution forms part of the proceeds of the fundraising venture or function to which the contribution relates.
(3)
Despite section 201(3)(c), a reference in this section to a gift includes any of the following amounts paid by a person to a political party, to the extent the total amount of the person’s payments in a calendar year exceeds $1,000—
(a)
an amount paid as a subscription for a person’s membership of the party;
(b)
an amount paid for a person’s affiliation with the party.
s 274 prev s 274 ins 2011 No. 14s 15
om 2014 No. 32s 59 (retro)
pres s 274 ins 2018 No. 9s 13
amd 2020 No. 20s 30
275
Political donations by prohibited donors
(1)
It is unlawful for a prohibited donor to make a political donation.
(2)
It is unlawful for a person to make a political donation on behalf of a prohibited donor.
(3)
It is unlawful for a person to accept a political donation that was made (wholly or in part) by or on behalf of a prohibited donor.
(4)
It is unlawful for a prohibited donor to solicit a person to make a political donation.
(5)
It is unlawful for a person to solicit, on behalf of a prohibited donor, another person to make a political donation.
s 275 prev s 275 ins 2011 No. 14s 15
om 2014 No. 32s 59 (retro)
pres s 275 ins 2018 No. 9s 13
276
Recovery of prohibited donations
(1)
If a person accepts a prohibited donation, the following amount is payable by the person to the State—
(a)
if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation;
(b)
otherwise—an amount equal to the amount or value of the prohibited donation.
(2)
The amount may be recovered by the State as a debt due to the State from—
(a)
if the recipient is a registered political party that is not a corporation—the party’s agent; or
(b)
if the recipient is a candidate—the candidate or the candidate’s agent; or
(c)
otherwise—the recipient.
(3)
The imposition of liability to pay an amount to the State under this section—
(a)
is not a punishment or sentence for an offence against section 307A or any other offence; and
(b)
is not a matter to which a court may have regard in sentencing an offender for an offence against section 307A or any other offence.
(4)
In this section—
prohibited donation means a political donation that was unlawfully made or accepted under section 275.
recipient means the entity to whom, or for the benefit of whom, the prohibited donation was made.
s 276 prev s 276 ins 2011 No. 14s 15
om 2014 No. 32s 59 (retro)
pres s 276 ins 2018 No. 9s 13
277
Making of determination that entity is not a prohibited donor
(1)
A person may apply to the commissioner for a determination that the person, or another entity, is not an entity mentioned in section 273(1)(a)(i) or (ii).
(2)
The application must be written and supported by enough information to enable the commissioner to decide the application.
(3)
If the commissioner is satisfied the entity to whom the application relates is not an entity mentioned in section 273(1)(a)(i) or (ii), the commissioner must make the determination sought by the applicant.
(4)
Otherwise, the commissioner must—
(a)
decide not to make the determination; and
(b)
give the applicant an information notice about the decision.
(5)
A determination has effect for 1 year unless it is earlier revoked.
s 277 prev s 277 ins 2011 No. 14s 15
om 2014 No. 32s 59 (retro)
pres s 277 ins 2018 No. 9s 13
278
Revocation of determination
(1)
If, at any time, the commissioner ceases to be satisfied the entity to whom a determination relates is not an entity mentioned in section 273(1)(a)(i) or (ii), the commissioner may revoke the determination by giving a written notice of revocation to the entity and, if the entity was not the applicant for the determination, the applicant.
(2)
The notice of revocation given to the entity must include, or be accompanied by, an information notice about the decision to revoke the determination.
s 278 prev s 278 ins 2011 No. 14s 15
om 2014 No. 32s 59 (retro)
pres s 278 ins 2018 No. 9s 13
279
Register of determinations
(1)
The commissioner must keep a register of determinations made under section 277.
(2)
The register must include any revocations made under section 278.
(3)
The commissioner must make the register available for public inspection without fee.
s 279 prev s 279 ins 2011 No. 14s 15
om 2014 No. 32s 59 (retro)
pres s 279 ins 2018 No. 9s 13
Division 9
Caps on electoral expenditure
pt 11 div 9 hdg prev pt 11 div 9 hdg om 2014 No. 32s 59 (retro)
pres pt 11 div 9 hdg ins 2020 No. 20s 31
Subdivision 1
Preliminary
pt 11 div 9 sdiv 1 hdg ins 2020 No. 20s 31
280
Meaning of capped expenditure period
(1)
The capped expenditure period, for an election, starts—
(a)
for an ordinary general election—on the first business day after the last Saturday in the preceding March; or
(b)
for an extraordinary general election—
(i)
if the capped expenditure period for an ordinary general election has started under paragraph (a)—the day that capped expenditure period started; or
(ii)
otherwise—the day the writ for the election is issued; or
(c)
for a by-election—the day the writ for the election is issued.
(2)
The capped expenditure period, for an election, ends at 6p.m. on the later of—
(a)
the polling day for the election; or
(b)
if the poll at a polling booth for an election is adjourned under section 99B(3) or 100(1)—the day the adjourned poll is held.
(3)
Subsection (2)
(b) applies despite section 100(6).
(4)
In this section—
preceding March, in relation to an ordinary general election, means the March that occurs in the same calendar year as the normal polling day for the general election.
s 280 prev s 280 ins 2011 No. 14s 15
om 2014 No. 32s 59 (retro)
pres s 280 ins 2020 No. 20s 31
280A
Election participant is taken to have incurred gifted electoral expenditure
(1)
If electoral expenditure incurred by a person is gifted to a participant in an election, the election participant is taken to have incurred the electoral expenditure.
Note—
Section 200B provides for when electoral expenditure incurred by a person is gifted to a participant in an election.
(2)
Section 281 applies for determining when gifted electoral expenditure is incurred.
s 280A ins 2020 No. 20s 31
281
When electoral expenditure is incurred
(1)
For this part, electoral expenditure is incurred when the goods or services for which the expenditure is incurred are supplied or provided, regardless of when the amount of the expenditure is invoiced or paid.
(2)
Without limiting subsection (1)—
(a)
expenditure on advertising is incurred when the advertisement is broadcast or published; and
(b)
expenditure on the production and distribution of election material is incurred when the material is distributed; and
(c)
expenditure of another kind is incurred at the time prescribed by regulation.
(3)
Subsection (4) applies if—
(a)
electoral expenditure is incurred to obtain goods; and
(b)
the goods are obtained for the dominant purpose of being used for a campaign purpose in relation to 1 or more elections; and
(c)
the goods are supplied before the capped expenditure period starts.
(4)
Despite subsection (1), the electoral expenditure is taken to have been incurred when the goods are first used for a campaign purpose during a capped expenditure period, regardless of when the amount of the expenditure is invoiced or paid.
(5)
For this section, the electoral expenditure incurred to obtain goods includes electoral expenditure incurred to design, produce, print or distribute the goods.
s 281 prev s 281 ins 2011 No. 14s 15
om 2014 No. 32s 59 (retro)
pres s 281 ins 2020 No. 20s 31
281A
Electoral expenditure incurred for another election participant
(1)
This section applies if a participant in an election (the first election participant) incurs electoral expenditure that benefits another election participant (the recipient).
(2)
For this division, if the first election participant gifts the electoral expenditure to the recipient, the electoral expenditure is incurred by the first election participant.
(3)
However, for this division, the recipient is taken to have incurred the electoral expenditure if—
(a)
any of the following apply—
(i)
the expenditure is incurred with the recipient’s authority or consent;
(ii)
the recipient accepts election material that results from the expenditure;
(iii)
another circumstance prescribed by regulation happens in relation to the expenditure being incurred; and
(b)
the first election participant invoices the recipient for payment for the amount of the expenditure.
(4)
Section 281 applies for determining when the election expenditure is incurred.
s 281A ins 2020 No. 20s 31
281B
When electoral expenditure of registered political party or third party relates to an electoral district
(1)
Electoral expenditure incurred by a registered political party or a third party relates to an election for an electoral district if the expenditure is for advertising or other election material for the election that—
(a)
is communicated to electors in the electoral district; and
(b)
is not mainly communicated to electors outside the electoral district.
(2)
However, electoral expenditure mentioned in subsection (1) does not relate to an electoral district if the expenditure is for carrying out an opinion poll or research.
s 281B ins 2020 No. 20s 31
Subdivision 2
Amount of expenditure caps for election participants
pt 11 div 9 sdiv 2 hdg ins 2020 No. 20s 31
281C
Amount of expenditure cap—registered political party and endorsed candidate
(1)
The expenditure cap, for a general election, for a registered political party is—
(a)
generally—the amount that is $92,000 multiplied by the number of electoral districts for which the party has endorsed a candidate in the election; and
(b)
for an electoral district—$92,000.
(2)
The expenditure cap, for a general election, for a candidate endorsed by a registered political party for an electoral district in the election is—
(a)
if 2 or more candidates are endorsed concurrently by the party for the electoral district—the amount that is $58,000 divided by the number of candidates concurrently endorsed; or
(b)
otherwise—$58,000.
(3)
The expenditure cap, for a by-election, for a candidate endorsed by a registered political party is—
(a)
if 2 or more candidates are endorsed concurrently by the party for the by-election—the amount that is $87,000 divided by the number of candidates concurrently endorsed; or
(b)
otherwise—$87,000.
(4)
However, if the amount of an expenditure cap mentioned in subsection (1), (2) or (3) has been adjusted under section 281F, the expenditure cap for a registered political party or candidate endorsed by a registered political party, for an election, is the amount most recently published as the expenditure cap by the commission under section 281F(3).
s 281C ins 2020 No. 20s 31
281D
Amount of expenditure cap—independent candidate
(1)
The expenditure cap for an independent candidate for a general election or by-election is $87,000.
(2)
However, if the amount of the expenditure cap mentioned in subsection (1) has been adjusted under section 281F, then the expenditure cap for an independent candidate, for a general election or by-election, is the amount most recently published as the expenditure cap by the commission under section 281F(3).
s 281D ins 2020 No. 20s 31
281E
Amount of expenditure cap—registered third party
(1)
The expenditure cap for a registered third party for a general election is—
(a)
generally—$1m; and
(b)
for an electoral district—$87,000.
(2)
The expenditure cap for a registered third party for a by-election is $87,000.
(3)
However, if the amount of the expenditure cap mentioned in subsection (1) or (2) has been adjusted under section 281F, then the expenditure cap for a registered third party, for an election, is the amount most recently published as the expenditure cap by the commission under section 281F(3).
s 281E ins 2020 No. 20s 31
281F
Adjustment of expenditure caps for election participants
(1)
The amount of an election participant’s expenditure cap for an election—
(a)
is adjusted under this section 30 days after the polling day for a general election (the recent general election); and
(b)
as adjusted under this section applies for each election that is held until the amount is next adjusted under this section.
(2)
The election participant’s expenditure cap is adjusted to the amount worked out using the following formula—
where—
A means the amount of the expenditure cap immediately before it is adjusted under this section.
B means the CPI number published for the last quarter that ended before the polling day for the recent general election.
C means the CPI number for the last quarter that ended before the polling day for the previous general election.
(3)
The commission must publish the amount of an election participant’s expenditure cap as adjusted under this section on its website as soon as practicable after it is adjusted.
(4)
In this section—
previous general election means the general election that was last held before the recent general election.
quarter means the following periods in a year—
(a)
1 January to 31 March;
(b)
1 April to 30 June;
(c)
1 July to 30 September;
(d)
1 October to 31 December.
s 281F ins 2020 No. 20s 31
Subdivision 3
Caps on electoral expenditure
pt 11 div 9 sdiv 3 hdg ins 2020 No. 20s 31
281G
Cap on electoral expenditure during capped expenditure period
(1)
A participant in an election, or a person acting with the participant’s authority, must not incur electoral expenditure during the capped expenditure period for the election if—
(a)
the amount of the expenditure, by itself, exceeds the participant’s expenditure cap; or
(b)
both of the following apply—
(i)
the amount of the expenditure exceeds the participant’s expenditure cap when added to other electoral expenditure incurred by the participant or with the participant’s authority during the capped expenditure period;
(ii)
the participant or person knows, or ought reasonably to know, the amount would exceed the cap in that way.
Maximum penalty—1,500 penalty units or 10 years imprisonment.
(2)
If an expenditure cap mentioned in subsection (1) relates to an electoral district, a reference in that subsection to electoral expenditure is a reference to electoral expenditure for the electoral district.
(3)
An offence against subsection (1) is a crime.
s 281G ins 2020 No. 20s 31
281H
Electoral expenditure of unregistered third party restricted to $6,000
(1)
This section applies to a third party that is not registered for an election.
(2)
The third party, or a person acting with the third party’s authority, must not incur electoral expenditure during the capped expenditure period for the election if—
(a)
the amount of the expenditure, by itself, exceeds $6,000; or
(b)
both of the following apply—
(i)
the amount of the expenditure exceeds $6,000 when added to other electoral expenditure incurred by the third party or with the third party’s authority during the capped expenditure period;
(ii)
the third party or person knows, or ought reasonably to know, the amount would exceed the cap in that way.
Maximum penalty—the greater of the following amounts—
(a)
the amount that is equal to twice the amount by which the electoral expenditure exceeded $6,000;
(b)
200 penalty units.
s 281H ins 2020 No. 20s 31
281I
Expenditure cap exceeded because of aggregation of electoral expenditure
(1)
A participant in an election, or a person acting with the participant’s authority, who incurs electoral expenditure does not commit an offence against section 281G in relation to the expenditure if—
(a)
the expenditure exceeds the participant’s expenditure cap because it is added to aggregated expenditure; and
(b)
the person did not know, and could not reasonably have known, about the aggregated expenditure.
(2)
In this section—
aggregated expenditure, for an election participant, means electoral expenditure that is taken to have been incurred for the election participant under subdivision 4 even though the expenditure was incurred by another election participant.
s 281I ins 2020 No. 20s 31
281J
Recovery of unlawful electoral expenditure
(1)
If a person incurs unlawful electoral expenditure, the amount that is twice the amount of the unlawful electoral expenditure is payable to the State.
(2)
The amount may be recovered by the State as a debt due to the State from—
(a)
if the person is a registered political party that is not a corporation—the party’s agent; or
(b)
if the person is a candidate—the candidate or the candidate’s agent; or
(c)
if the person is a third party that is not a corporation—the third party’s agent; or
(d)
otherwise—the person.
(3)
The imposition of liability to pay an amount to the State under this section—
(a)
is not a punishment or sentence for an offence against section 281G or 281H or any other offence; and
(b)
is not a matter to which a court may have regard in sentencing an offender for an offence against section 281G or 281H or any other offence.
(4)
In this section—
unlawful electoral expenditure means electoral expenditure incurred in contravention of section 281G or 281H, to the extent the expenditure exceeds the expenditure cap mentioned in that section.
s 281J ins 2020 No. 20s 31
Subdivision 4
Aggregation of electoral expenditure
pt 11 div 9 sdiv 4 hdg ins 2020 No. 20s 31
281K
Electoral expenditure incurred by elected members not contesting election
(1)
This section applies if an elected member who is a member of a registered political party—
(a)
announces or otherwise publicly indicates the member’s intention not to be a candidate in an election before the cut-off day for nomination of candidates for the election; or
(b)
does not become a candidate for an election when the names of the persons properly nominated for election for each electoral district are displayed under section 93.
(2)
For section 281G, electoral expenditure incurred by or for the elected member during the capped expenditure period for the election is taken to have been incurred by or for the registered political party.
s 281K ins 2020 No. 20s 31
281L
Electoral expenditure for candidate endorsed by registered political party for by-election
(1)
This section applies if a registered political party endorses a candidate for a by-election.
(2)
For section 281G, electoral expenditure incurred by or for the registered political party during the expenditure cap period for the by-election is taken to have been incurred by or for the candidate.
s 281L ins 2020 No. 20s 31
Division 10
Disclosure of electoral expenditure
pt 11 div 10 hdg ins 2011 No. 14s 15
amd 2014 No. 32s 60 (retro); 2020 No. 20s 32
282
s 282 ins 2011 No. 14s 15
om 2020 No. 20s 33
282A
s 282A (prev s 199) ins 2011 No. 14s 15
amd 2014 No. 32s 23(1)–(2) (retro)
renum and reloc 2014 No. 32s 23(3) (retro)
amd 2018 No. 9s 14
om 2020 No. 20s 33
283
Returns of electoral expenditure
(1)
Within 15 weeks after the polling day for an election, the agent of the following election participants must give the commission a return, in the approved form, about the electoral expenditure incurred for the election by the participant, or a person acting with the participant’s authority—
(a)
a registered political party;
(b)
a candidate in the election;
(c)
an associated entity of a registered political party or candidate in the election;
(d)
a registered third party for the election;
(e)
another third party if, under section 297, the third party is required to be registered for the election.
(2)
The return must state the following details about each item of electoral expenditure incurred for the election—
(a)
the name and business address of the person who supplied the goods or services to which the expenditure relates;
(b)
a description of the goods or services;
(c)
the amount of the expenditure;
(d)
when the expenditure was incurred.
(3)
Also, the return must be accompanied by a copy of each bank statement for the election participant’s State campaign account—
(a)
for the period that—
(i)
starts when the capped expenditure period for the election starts; and
(ii)
ends on the day before the return is given to commission; and
(b)
for an earlier period that includes a transaction related to an item of electoral expenditure incurred for the election.
(4)
For subsection (2), a reference to electoral expenditure incurred by or for an electoral participant includes electoral expenditure that is taken to have been incurred by the participant under section 281K or 281L.
(5)
If no electoral expenditure was incurred for the election by or for the election participant, a return given to the commission under subsection (1) must state that fact.
(6)
For this section, it does not matter whether electoral expenditure for an election is incurred during the capped expenditure period for the election.
(7)
For this section—
(a)
a reference to a participant in an election includes a reference to an associated entity of a registered political party or candidate in the election; and
(b)
a reference to the agent of a participant in an election includes a reference to the financial controller of an associated entity of a party or candidate.
s 283 ins 2011 No. 14s 15
sub 2014 No. 32s 61 (retro)
amd 2019 No. 31s 66
sub 2020 No. 20s 34
284
Returns by broadcasters
(1)
This section applies to a broadcaster—
(a)
who broadcasts an advertisement relating to an election—
(i)
with the authority of a participant in the election; and
(ii)
during the capped expenditure period for the election; and
(b)
even if the broadcaster is outside Queensland when the advertisement is broadcast.
(2)
The broadcaster must, within 8 weeks after the polling day for the election, give the commission a return, in an approved form, stating particulars of the advertisement, being particulars—
(a)
identifying the broadcasting service as part of which the advertisement was broadcast; and
(b)
identifying the person at whose request the advertisement was broadcast; and
(c)
identifying the participant in the election with whose authority the advertisement was broadcast; and
(d)
stating the date on which, and the times between which, the advertisement was broadcast; and
(e)
showing whether or not, on each occasion when the advertisement was broadcast, a charge was made by the broadcaster for the broadcasting of the advertisement and, if a charge was made, stating the amount of the charge.
(3)
If, in a return under subsection (2), the amount of a charge is specified by a broadcaster in relation to an advertisement, the broadcaster must, in the return, state whether or not the charge is a charge at less than normal commercial rates having regard to the length of the advertisement and the day on which, and the times between which, the advertisement was broadcast.
(4)
A broadcaster who is required to make a return under this section for an advertisement must keep the record made for the relevant provision until the end of the period of 1 month starting on the day on which the return is given to the commission.
(5)
The requirement of subsection (4) is in addition to the requirements of the relevant provision for the retention of the record.
(6)
In this section—
relevant provision means—
(a)
in relation to the Australian Broadcasting Corporation, the Australian Broadcasting Corporation Act 1983 (Cwlth), section 79B; or
(b)
in relation to the Special Broadcasting Service, the Special Broadcasting Service Act 1991 (Cwlth), section 70B; or
(c)
otherwise, the Broadcasting Services Act 1992 (Cwlth), section 5.
s 284 ins 2011 No. 14s 15
amd 2014 No. 32s 62 (retro); 2020 No. 20s 35
285
Returns by publishers
(1)
This section applies to the publisher of a journal—
(a)
who publishes an advertisement relating to an election—
(i)
with the authority of a participant in the election; and
(ii)
during the capped expenditure period for the election; and
(b)
even if the publisher is outside Queensland when the advertisement is published.
(2)
The publisher must, within 8 weeks after the polling day for the election, give the commission a return, in an approved form, stating particulars of the advertisement, being particulars—
(a)
identifying the journal in which the advertisement was published; and
(b)
identifying the person at whose request the advertisement was published; and
(c)
identifying the participant in the election with whose authority the advertisement was published; and
(d)
stating the date on which the advertisement was published; and
(e)
identifying the page in the journal on which the advertisement was published and the space in the journal occupied by the advertisement; and
(f)
showing whether or not a charge was made by the publisher for the publication of the advertisement and, if a charge was made, stating the amount of the charge.
(3)
If, in a return under subsection (2), the amount of a charge is specified by a publisher in relation to an advertisement, the publisher must, in the return, state whether or not the charge was a charge at less than normal commercial rates having regard to the space in the journal occupied by the advertisement and the nature of the journal.
(4)
A publisher is not required to give a return under subsection (2) in relation to an election if the total amount of the charge made by the publisher for the publication of the advertisement referred to in the subsection and any other advertisement relating to an election that took place on the same day as the first-mentioned election does not exceed $1,000.
(5)
In this section—
journal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.
s 285 ins 2011 No. 14s 15
amd 2014 No. 32s 63 (retro); 2020 No. 20s 36
286
s 286 ins 2011 No. 14s 15
om 2020 No. 20s 37
287
Two or more elections on the same day
(1)
If—
(a)
the polling at 2 or more elections took place on the same day; and
(b)
a person would, but for this subsection, be required to give 2 or more returns under this division relating to the elections;
the person may, instead of giving the returns, give 1 return, in an approved form, stating the particulars that the person would have been required to state in the returns.
(2)
If—
(a)
a return is given by a person under subsection (1); and
(b)
particular electoral expenditure, details of which are required to be stated in the return, relates to more than 1 election;
it is sufficient compliance with this division if the return states details of the expenditure without showing the extent to which it relates to any particular election.
s 287 ins 2011 No. 14s 15
Division 11
Returns by registered political parties and associated entities
pt 11 div 11 hdg ins 2011 No. 14s 15
sub 2014 No. 32s 64 (retro)
amd 2015 No. 2s 21
288
Interpretation
In this division—
amount includes the value of a gift, loan or bequest.
s 288 ins 2011 No. 14s 15
289
How division applies to gifts that are returned etc. within 6 weeks
(1)
Subject to subsections (2) and (3), this division does not apply to a gift that is returned within 6 weeks after its receipt.
(2)
This division applies to a gift of foreign property within the meaning of division 8, subdivision 1 whether or not the gift is returned within 6 weeks as mentioned in section 268.
(3)
If the gift is so returned, any return under this division that includes the value of the gift must also include a statement to the effect that the gift was so returned.
s 289 ins 2011 No. 14s 15
amd 2020 No. 20s 56sch 1
290
Returns by registered political parties
(1)
The agent of a registered political party must give the commission a return if, in a reporting period—
(a)
the party receives a gift from an entity, other than an entity mentioned in section 265(11), and the value of the gift is equal to or more than the gift threshold amount; or
(b)
the party receives a loan from an entity of an amount equal to or more than the gift threshold amount.
Notes—
1
Section 204 does not apply to an associated entity of a registered political party for this division.
2
See section 294 for the requirement for a return about a gift or loan received by an associated entity of a registered political party to be given to the commission.
(2)
The return must—
(a)
be in the approved form; and
(b)
for a gift received by the registered political party, state the following—
(i)
the value of the gift;
(ii)
the relevant particulars of the entity that gave the gift;
(iii)
if the entity is not the source of the gift—the relevant particulars of the entity that is the source of the gift;
(iv)
whether or not the gift is a political donation;
(v)
if the gift is a political donation made to or for the benefit of an electoral committee under section 203 established by the registered political party for an electoral district—the electoral district; and
(c)
for a loan received by the registered political party, state—
(i)
the information required to be kept under section 272(3); and
(ii)
whether or not the loan is a political donation; and
(d)
be given to the commission by the day, or the time, not more than 8 weeks after the end of the reporting period in which the gift or loan was received, prescribed by a regulation.
(3)
For subsection (1)—
(a)
2 or more gifts made during a reporting period by the same entity to a particular registered political party are taken to be 1 gift; and
(b)
2 or more loans made during a reporting period by the same entity to a particular registered political party are taken to be 1 loan.
(4)
Also, the agent of a registered political party must, within 8 weeks after the end of a reporting period, give the commission a return, in the approved form, stating—
(a)
the total amount received by, or for, the party from all entities during the reporting period, including amounts received before the commencement; and
(b)
the total amount paid by, or for, the party to all entities during the reporting period, including amounts paid before the commencement; and
(c)
the total outstanding amount, as at the end of the reporting period, of all debts incurred by, or for, the party to all entities, including debts incurred before the commencement.
Note—
Additional information may be required to be included in the return under section 291, 292 or 293.
(5)
A return under subsection (4) must be accompanied by a copy of each bank statement for the registered political party’s State campaign account that relates to any part of the reporting period.
s 290 ins 2011 No. 14s 15
amd 2014 No. 32s 65 (retro)
sub 2015 No. 2s 22
amd 2019 No. 31s 66A; 2020 No. 20s 38; 2022 No. 13s 10
291
Amounts received
(1)
For a return for a registered political party under section 290(4), or a return for an associated entity under section 294(4), if the sum of all amounts received from a particular entity during a reporting period is equal to or more than the gift threshold amount, the particulars of the sum must be included in the return.
(2)
In calculating the sum, an amount less than the gift threshold amount need not be counted.
(3)
The particulars of the sum required to be given under subsection (1) are—
(a)
the amount of the sum; and
(b)
if the sum received was a gift—
(i)
the relevant particulars of the entity that gave the sum; and
(ii)
if the entity is not the source of the sum—the relevant particulars of the entity that is the source of the sum; and
(c)
if the sum received was a loan—
(i)
if the sum was borrowed from a financial institution—the name of the financial institution from which the sum was borrowed; or
(ii)
otherwise—the information required to be kept under section 272(3) about the loan.
s 291 ins 2011 No. 14s 15
amd 2014 No. 32s 66 (retro); 2015 No. 2s 23; 2020 No. 20s 39
292
Amounts paid
(1)
For a return for a registered political party under section 290(4), or a return for an associated entity under section 294(4), if the sum of all amounts paid to a particular entity during a reporting period is equal to or more than the gift threshold amount, the particulars of the sum must be included in the return.
(2)
In calculating the sum, the following amounts need not be counted—
(a)
an amount less than the gift threshold amount;
(b)
an amount paid under a contract of employment or an award stating terms and conditions of employment.
(3)
The particulars of the sum required to be given under subsection (1) are—
(a)
the amount of the sum; and
(b)
the relevant particulars of the entity to which the sum was paid.
s 292 ins 2011 No. 14s 15
prev s 292 om 2014 No. 32s 67 (retro)
pres s 292 ins 2015 No. 2s 24
amd 2020 No. 20s 40
293
Outstanding amounts
For a return for a registered political party under section 290(4), or a return for an associated entity under section 294(4), if the sum of all outstanding debts to a particular entity during a reporting period is equal to or more than the gift threshold amount, the relevant particulars of the entity to which the debts were owed must be included in the return.
s 293 ins 2011 No. 14s 15
sub 2014 No. 32s 68 (retro); 2015 No. 2s 25
amd 2020 No. 20s 41
294
Returns by associated entity of registered political party or candidate
(1)
The financial controller of an entity must give the commission a return about a gift or loan if—
(a)
the entity receives the gift or loan—
(i)
during a reporting period; and
(ii)
when the entity is an associated entity of a registered political party or candidate in an election; and
(b)
the value of the gift or amount of the loan is equal to or more than the gift threshold amount.
(2)
The return must—
(a)
be in the approved form; and
(b)
for a return about a gift—state the following—
(i)
the value of the gift;
(ii)
the relevant particulars of the entity that made the gift;
(iii)
if the entity is not the source of the gift—the relevant particulars of the entity that is the source of the gift; and
(c)
for a return about a loan—state the information required to be kept under section 272(3) about the loan; and
(d)
be given to the commission by the day, or the time, not more than 8 weeks after the end of the reporting period in which the gift or loan was received, prescribed by regulation.
(3)
For subsection (1)—
(a)
2 or more gifts made during a reporting period by the same entity to the associated entity are taken to be 1 gift; and
(b)
2 or more loans made during a reporting period by the same entity to the associated entity are taken to be 1 loan.
(4)
Also, if an entity was an associated entity of a registered political party or candidate in an election at any time during a reporting period, the financial controller of the entity must, within 8 weeks after the end of a reporting period, give the commission a return, in the approved form, that states—
(a)
the total amount received by or for the associated entity from all other entities during the reporting period; and
(b)
the total amount paid by or for the associated entity to all other entities during the reporting period; and
(c)
if the entity is an associated entity of a registered political party or candidate in an election at the end of the reporting period, the total amount outstanding at the end of the reporting period of all debts incurred by or for the entity to all other entities.
Note—
Additional information may be required to be included in the return under section 291, 292 or 293.
(5)
A reference in subsection (4)(a) or (b) to an amount received or paid does not include an amount received or paid when the entity was not an associated entity of a registered political party or candidate in an election.
s 294 ins 2011 No. 14s 15
amd 2014 No. 32s 69 (retro)
sub 2015 No. 2s 25
amd 2019 No. 31s 66B
sub 2020 No. 20s 42
294A
Amounts paid from capital
(1)
This section applies if any amount required to be disclosed under section 294(4)(b)—
(a)
was paid by an associated entity to, or for, 1 or more registered political parties; and
(b)
was paid out of funds generated from the capital of the associated entity.
(2)
The return under section 294(4) must also state the following details about each person who contributed to the capital at any time—
(a)
the name and address of the person;
(b)
the total amount of the person’s contributions to the capital, up to the end of the reporting period.
(3)
Subsection (2) does not apply to contributions that have been set out in a previous return under section 294(4).
s 294A ins 2015 No. 2s 25
295
Returns not to include lists of party membership
Returns given under this division are not to include lists of party membership.
s 295 ins 2011 No. 14s 15
296
Regulation
(1)
The regulation may require greater detail to be provided in returns than is otherwise required under this division.
(2)
Without limiting subsection (1), the regulation may require that the total amounts mentioned in section 290 be broken down in the way specified in the regulation.
(3)
The regulation may reduce the amount of information to be provided in returns under section 294.
s 296 ins 2011 No. 14s 15
Division 12
Registration of third parties
pt 11 div 12 hdg orig pt 11 div 12 hdg ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
prev pt 11 div 12 hdg ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pres pt 11 div 12 hdg ins 2020 No. 20s 43
pt 11 div 12 sdiv 1 hdg ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pt 11 div 12 sdiv 2 hdg ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pt 11 div 12 sdiv 3 hdg ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
297
Requirement for registration
(1)
A third party must be registered for an election under this part if the electoral expenditure incurred by, or with the authority of, the third party during the capped expenditure period for the election exceeds $6,000.
(2)
To remove any doubt, it is declared that a third party does not commit an offence against this Act or another Act only because the person fails to register for an election under subsection (1).
Note—
A third party that is not registered for an election commits an offence if it incurs electoral expenditure of more than $6,000 during the capped expenditure period for the election. See section 281H.
s 297 orig s 297 ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
prev s 297 ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pres s 297 ins 2020 No. 20s 43
298
Register of third parties
(1)
The commission must, for each election, keep a register of the third parties registered for the election under this part.
(2)
A register kept under subsection (1)—
(a)
is called the register of third parties for the election for which the register is kept; and
(b)
must be kept up to date; and
(c)
may be kept in the way and form the commission considers appropriate.
(3)
The commission must publish a register of third parties for an election on the commission’s website.
Note—
See section 388A for restrictions that apply to information published by the commission.
s 298 orig s 298 ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
prev s 298 ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pres s 298 ins 2020 No. 20s 43
298A
s 298A ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
299
Application for registration
(1)
A third party that intends to incur electoral expenditure for an election may apply to the commission for registration for the election.
Note—
See sections 281E and 281H, which provide for different caps for the amount of electoral expenditure that may be incurred by registered third parties and third parties that are not registered under this division.
(2)
The application must—
(a)
be in the approved form; and
(b)
include the details prescribed by regulation for the application; and
(c)
if the third party is not an individual—be accompanied by an appointment of an individual as the third party’s agent under division 2; and
(d)
be made to the commission before the polling day for the election.
s 299 orig s 299 ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
prev s 299 ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pres s 299 ins 2020 No. 20s 43
299A
s 299A ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
300
Deciding application
(1)
As soon as practicable after receiving a third party’s application under section 299 (the application), the commission must decide to approve or refuse the application.
(2)
The commission must refuse the application if it was not made before the day required under section 299(2)(d).
(3)
Otherwise, the commission may refuse the application only if it is incomplete or incorrect.
s 300 orig s 300 ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
prev s 300 ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pres s 300 ins 2020 No. 20s 43
301
Registration
(1)
This section applies if the commission decides to approve the application.
(2)
As soon as practicable after making the decision, the commission must—
(a)
enter the details about the third party stated in the application in the register of third parties kept for the election; and
(b)
give the third party written notice that the third party has been registered for the election.
s 301 orig s 301 ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
prev s 301 ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pres s 301 ins 2020 No. 20s 43
302
Decision to refuse application
(1)
If the commission decides to refuse the application, the commission must give the third party written notice of the decision as soon as practicable after making the decision.
(2)
The notice must state—
(a)
the commission has decided to refuse the application for registration; and
(b)
the reason for the refusal; and
(c)
if the reason for the refusal is the application is incomplete or incorrect—that the third party may—
(i)
amend the application in the way stated in the notice; and
(ii)
resubmit the application to the commission within 30 days after receiving the notice.
(3)
An application that is amended and resubmitted to the commission under subsection (2)(c) is taken to have been made on the day the original application was made.
s 302 orig s 302 ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
prev s 302 ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pres s 302 ins 2020 No. 20s 43
303
Obligation to notify commission of change to details
(1)
If a relevant detail about a registered third party changes, the agent of the third party must give the commission notice, in the approved form, about the change within 30 days after the change happens.
Maximum penalty—20 penalty units.
(2)
A person does not commit an offence against subsection (1) if the person has a reasonable excuse.
(3)
In this section—
relevant detail, about a registered third party, means—
(a)
a detail about the third party stated in the party’s application for registration for an election; or
(b)
if a detail mentioned in paragraph (a) has been the subject of a notice under subsection (1)—the changed detail as stated in the notice.
s 303 orig s 303 ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
prev s 303 ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pres s 303 ins 2020 No. 20s 43
304
Cancellation of registration
(1)
The agent of a third party may ask the commission, in writing, to cancel the third party’s registration for an election.
(2)
The commission must cancel the third party’s registration for the election if the commission is satisfied that the obligations that apply to the third party for the election under this part have ended.
(3)
If the commission cancels the registration, the commission must—
(a)
record the cancellation and the day of the cancellation in the register; and
(b)
give the third party notice about the cancellation.
(4)
The cancellation takes effect on—
(a)
the day the third party receives the notice; or
(b)
a later day stated in the notice.
(5)
If the commission refuses to cancel the registration, the commission must give the third party a notice that states the commission’s decision and reasons for the decision.
s 304 orig s 304 ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
prev s 304 ins 2015 No. 2s 26
exp 30 June 2016 (see s 304)
pres s 304 ins 2020 No. 20s 43
Division 12A
Records to be kept
pt 11 div 12A hdg ins 2020 No. 20s 43
305
Definitions for division
In this division—
participant, in an election, includes an associated entity of a registered political party or candidate in an election.
prescribed matter, in relation to a participant in an election, see section 305AA.
s 305 prev s 305 ins 2011 No. 14s 15
om 2014 No. 32s 70 (retro)
pres s 305 ins 2020 No. 20s 43
amd 2023 No. 23s 74
305AA
Meaning of prescribed matter
(1)
Each of the following is a prescribed matter in relation to a participant in an election, other than a third party—
(a)
a political donation made to, or for the benefit of, the participant;
(b)
a gift or loan that is not a political donation made to, or for the benefit of, the participant;
(c)
a gift, loan or political donation made by the election participant to another participant in the election;
(d)
electoral expenditure incurred by the election participant or with the participant’s authority;
(e)
without limiting paragraph (a), (b), (c) or (d), a return given, or required to be given, by or for the election participant under division 7, 10 or 11 and the matters required to be stated in the return;
(f)
for a registered third party or candidate in the election—
(i)
a claim made by the party or candidate under division 4 and the matters required to be stated in the claim; or
(ii)
an amount of policy development funding paid to the party or candidate under division 5; or
(iii)
an application for reconsideration of a decision made under section 245; or
(iv)
an amount paid into or from the party’s or candidate’s State campaign account;
(g)
another matter prescribed by regulation to be a prescribed matter in relation to the election participant.
(2)
Also, each of the following is a prescribed matter in relation to a third party for an election—
(a)
a gift made to, or for the benefit of, the third party about which the third party is required to give the commission a return under section 263;
(b)
electoral expenditure incurred by the third party, or with the third party’s authority, during the capped expenditure period for the election;
(c)
without limiting paragraph (a) or (b), a return given, or required to be given, by or for the third party under division 7 or 10 and the matters required to be stated in the return;
(d)
for a registered third party for the election—an amount paid from the third party’s State campaign account;
(e)
another matter prescribed by regulation to be a prescribed matter in relation to a third party for the election.
s 305AA ins 2020 No. 20s 43
305AB
Records to be kept by election participants
(1)
A participant in an election must make, or ensure a person authorised by the participant makes, a record about each prescribed matter that—
(a)
includes the information necessary to demonstrate, to the greatest extent practicable, the election participant complied with this part in relation to the prescribed matter; and
(b)
without limiting paragraph (a), includes the information prescribed by regulation to be information to be included in the record; and
(c)
complies with section 305C.
Maximum penalty—20 penalty units.
(2)
For subsection (1), it does not matter whether or not a return about a prescribed matter is required to be given to the commission under this part.
s 305AB ins 2020 No. 20s 43
305AC
Records to be kept by agents of participants in elections
The agent of a participant in an election must make a record about the agent’s compliance with section 306B that—
(a)
includes the information necessary to demonstrate, to the greatest extent practicable, each step taken by the agent to comply with section 306B; and
(b)
without limiting paragraph (a), includes the information prescribed by regulation to be information to be included in the record; and
(c)
complies with section 305C.
Maximum penalty—20 penalty units.
s 305AC ins 2020 No. 20s 43
305A
Records to be kept about advertisements or other election matter
(1)
This section applies if—
(a)
electoral expenditure was incurred to print, publish or broadcast an advertisement or other election material; and
(b)
a person is required to give the commission a return about the expenditure under section 283.
(2)
The person must make a record, that complies with subsection (3) and section 305C, about the printing, publishing or broadcast of the advertisement or other election material.
Maximum penalty—20 penalty units.
(3)
The record must—
(a)
be accompanied by a copy of the advertisement or other material; and
(b)
contain—
(i)
a description of the audience to which the advertisement or other material was distributed, published or broadcast; and
(ii)
other details about the advertisement or other material, or its distribution, publication or broadcast, required by regulation; and
(iii)
if the distribution, publication or broadcast relates to the election for an electoral district—the name of the electoral district.
s 305A ins 2020 No. 20s 43
305B
Records to be kept by broadcaster or publisher
(1)
This section applies to—
(a)
a broadcaster who is required to give the commission a return under section 284; or
(b)
a publisher who is required to give the commission a return under section 285.
(2)
The broadcaster or publisher must make a record, that complies with section 305C, about the return and the matters required to be stated in the return.
Maximum penalty—20 penalty units.
s 305B ins 2020 No. 20s 43
305C
Requirements for records
A record under section 305AB or 305AC must—
(a)
be in English; and
(b)
be accurate; and
(c)
be made in—
(i)
paper or electronic form; or
(ii)
another form approved by the commission by notice published on the commission’s website; and
(d)
be made in a way that allows it to be—
(i)
conveniently and properly investigated or examined by an authorised officer under this part; and
(ii)
readily given, under this part, to an auditor appointed to conduct an audit under section 319A.
s 305C ins 2020 No. 20s 43
305D
Record must be kept for 5 years
(1)
This section applies to—
(a)
a person who makes a record that the person is required to make under this division; and
(b)
for a record made by or for a participant in an election under this division—a person to whom the record is transferred, by or with the authority of the participant, in the ordinary course of the participant’s business or administration.
(2)
The person must keep the record, unless the person has a reasonable excuse—
(a)
for 5 years after the day the record is made; and
(b)
in a way that allows the record to be—
(i)
conveniently and properly investigated or examined by an authorised officer under this part; and
(ii)
readily given, under this part, to an auditor appointed to conduct an audit under section 319A.
Maximum penalty—20 penalty units.
s 305D ins 2020 No. 20s 43
305E
Division does not limit other record-keeping provisions
This division does not limit another provision of this Act about making or keeping a record.
s 305E ins 2020 No. 20s 43
Division 12B
Registers to be kept
pt 11 div 12B hdg ins 2020 No. 20s 43
305F
Register of non-monetary gifts
(1)
A participant in an election must keep an up-to-date register, that complies with this section, of non-monetary gifts.
Maximum penalty—20 penalty units.
(2)
The register must contain a record about each non-monetary gift made to, or for the benefit of, the election participant that—
(a)
includes the particulars prescribed by regulation; and
(b)
for a register kept by an election participant other than a third party—states whether the gift was a political donation made or received in contravention of section 259.
(3)
Subsection (2) applies to a non-monetary gift made to, or for the benefit of, a third party only if the third party is required to give the commission a return about the gift under section 263.
(4)
In this section—
non-monetary gift means a gift of property other than money.
participant, in an election, includes an associated entity of a registered political party or candidate in an election.
s 305F ins 2020 No. 20s 43
305G
Register of members and affiliates of registered political parties
(1)
A registered political party must keep an up-to-date register, that complies with this section, of subscribed members and affiliates.
Maximum penalty—20 penalty units.
(2)
The register must contain a record that includes the particulars prescribed by regulation about each person who is—
(a)
a subscribed member of the registered political party; or
(b)
a current affiliate of the party.
(3)
A person is a current affiliate of a registered political party if—
(a)
the person has paid an amount to the party for a period of affiliation with the party, other than as a subscribed member; and
(b)
the period of affiliation has not ended.
s 305G ins 2020 No. 20s 43
Division 13
Miscellaneous
pt 11 div 13 hdg ins 2011 No. 14s 15
306
Interpretation
Except in section 312, a reference in this division to a return under division 7, 8, 10 or 11 or to a return under this part includes a reference to particulars under section 312(2).
s 306 ins 2011 No. 14s 15
306A
Registered political party must notify endorsement of candidate
(1)
This section applies to a registered political party if any of the following events happens—
(a)
the party endorses a person to be a candidate in an election;
(b)
the party proposes to endorse a person to be a candidate in an election by—
(i)
publicly announcing the party’s intention to endorse the person as a candidate for the election; or
(ii)
starting to incur electoral expenditure for the benefit of the person as a candidate for the election;
(c)
if the party notifies the commission under this section about the endorsement or proposed endorsement of a person to be a candidate in an election—the party’s endorsement or proposed endorsement of the person changes before the polling day for the election;
(d)
an elected member stops being a member of the party.
(2)
The registered officer of the registered political party must notify the commission, in the approved form, about the event within 7 days after the event happens.
Maximum penalty—40 penalty units.
(3)
As soon as practicable after the commission receives the notification, the commission must give the candidate or member a notice that states—
(a)
the contents of the notification; and
(b)
when the commission received the notification.
(4)
If a change mentioned in subsection (1)(c) is the withdrawal of the registered political party’s endorsement of a person as a candidate for an election, a notice given by the party under section 91A about the withdrawal is taken to be a notice given about the change under this section.
Note—
Section 91A requires a registered political party to notify the commission about the withdrawal of the party’s endorsement of a candidate nominated by the party for election.
s 306A ins 2020 No. 20s 44
306B
Agent’s obligation to ensure compliance
(1)
The agent of a participant in an election must take all reasonable steps to—
(a)
inform the participant, and each person the participant authorises to act for the participant under divisions 3, 4, 6 and 9, about the obligations that apply to the participant and person under divisions 3, 4, 6 and 9; and
(b)
establish and maintain appropriate systems to support the participant and person to comply with the obligations.
Maximum penalty—100 penalty units.
(2)
If a registered political party or candidate in an election has an associated entity, the agent of the party or candidate must take all reasonable steps to—
(a)
inform the associated entity, and each person the associated entity authorises to act for it under divisions 3, 4, 6 and 9, about the obligations that apply to the associated entity and person under divisions 3, 4, 6 and 9; and
(b)
establish and maintain appropriate systems to support the associated entity and person to comply with the obligations.
Maximum penalty—100 penalty units.
(3)
In deciding whether steps taken by the agent of an election participant to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider—
(a)
for a participant that is a registered political party or third party or an associated entity of a registered political party or candidate—
(i)
the number of members and employees of the political party, third party or associated entity; and
(ii)
the number of people authorised to act for the political party, candidate or associated entity; and
(b)
the amount or value of the political donations received by or for the benefit of the participant and an associated entity of the participant; and
(c)
the amount of electoral expenditure incurred, or expected to be incurred, by the participant and an associated entity of the participant.
(4)
A reference in subsection (2) or (3) to an associated entity of a candidate in an election includes a reference to an electoral committee mentioned in section 203(1) that is associated with the candidate under that section.
s 306B ins 2020 No. 20s 44
307
Offences
(1)
A person who fails to give a return that the person is required to give under division 7, 8, 10 or 11 within the time required under this part commits an offence.
Maximum penalty—
(a)
for a return required to be given by the agent of a registered political party—100 penalty units; or
(b)
otherwise—20 penalty units.
(2)
A person who gives a return that the person is required to give under division 7, 10 or 11 that is incomplete is guilty of an offence.
Maximum penalty—20 penalty units.
(2A)
A person who fails to give notice of particulars that the person is required to give under section 312A commits an offence.
Maximum penalty—20 penalty units.
(3)
A person who is the agent of a political party and who lodges a claim under division 4, or gives a return that the agent is required to give under division 7, 10 or 11, that contains particulars that are, to the knowledge of the agent, false or misleading in a material particular is guilty of an offence.
Maximum penalty—200 penalty units.
(4)
A person who is the agent of a candidate and who lodges a claim under division 4, or gives a return that the agent is required to give under division 7, 10 or 11, that contains particulars that are, to the knowledge of the agent, false or misleading in a material particular is guilty of an offence.
Maximum penalty—100 penalty units.
(5)
A person (other than an agent) who lodges a claim under division 4, or gives a return that the person is required to give under division 7 or 10, that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence.
Maximum penalty—100 penalty units.
(6)
If a person is convicted of an offence against subsection (1), the court may, as well as imposing a penalty under the subsection, order the person to give the relevant return within a time stated by the court in its order.
(7)
If a person is convicted of an offence against subsection (3), (4) or (5), the court may, as well as imposing a penalty under the subsection, order the person to refund to the State the amount of any payment wrongfully obtained by the person under division 4.
(8)
If a court has made an order under subsection (7), a certificate signed by the appropriate officer of the court stating the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is enforceable as a final judgment of the court having civil jurisdiction.
(9)
A person must not give to another person, for the making by the other person of a claim under division 4, information that is, to the knowledge of the first-mentioned person, false or misleading in a material particular.
Maximum penalty—20 penalty units.
(10)
A person must not give to another person who is required to give a return under division 7, 10 or 11 information that relates to the return and that is, to the knowledge of the first-mentioned person, false or misleading in a material particular.
Maximum penalty—20 penalty units.
(11)
A person is guilty of an offence if—
(a)
the person (or a person acting on behalf of the person) receives a gift and the receipt of the gift is unlawful under section 270(1); and
(b)
the person is—
(i)
a registered political party that is a corporation; or
(ii)
a candidate; or
(iii)
an associated entity that is a corporation.
Maximum penalty—1 year’s imprisonment or 240 penalty units.
s 307 ins 2011 No. 14s 15
amd 2015 No. 2s 27; 2019 No. 31s 67; 2020 No. 20s 45
307AA
Starting proceeding for particular offences
A proceeding for an offence against any of the following provisions must start within 4 years after the offence was allegedly committed—
•
section 215
•
section 216
(1)
•
section 217
(2) or (3)
•
section 218
•
section 219
•
section 221
•
section 221A
•
section 254
•
section 255
•
section 258
•
section 259
•
section 270
(1)
•
section 281G
•
section 281H
•
section 305
•
section 305A
•
section 305B
•
section 305D
•
section 306B
•
section 307
(1), (2), (2A), (3), (4), (5), (9), (10) or (11)
•
section 307AB.
s 307AA ins 2020 No. 20s 46
307AB
Liability for political donation or electoral expenditure offences committed by unincorporated body
(1)
A liable person of an unincorporated body commits an offence if—
(a)
a gift or political donation is made or accepted by, or electoral expenditure is incurred by—
(i)
the unincorporated body; or
(ii)
a person acting on behalf of the unincorporated body; and
(b)
making or accepting the gift or political donation, or incurring the electoral expenditure, is an offence against a deemed liability provision; and
(c)
the liable person—
(i)
authorised or permitted the conduct constituting the offence; or
(ii)
was, directly or indirectly, knowingly concerned in the conduct constituting the offence.
Maximum penalty—the penalty for a contravention of the deemed liability provision by an individual.
(2)
This section does not affect the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is a liable person of an unincorporated body, for an offence against a deemed liability provision.
(3)
In this section—
deemed liability provision means any of the following provisions—
•
section 254
•
section 255
•
section 259
•
section 270
(1)
•
section 281G
•
section 281H.
liable person, for an unincorporated body, means—
(a)
for a registered political party—
(i)
the registered officer of the party; or
(ii)
the secretary of the party; or
(iii)
the agent of the party; or
(b)
for an associated entity—the financial controller of the associated entity; or
(c)
for a third party—an officer, member or agent (however described) of the third party.
s 307AB ins 2020 No. 20s 46
307A
Offence about prohibited donations
(1)
A person must not do an act or make an omission that is unlawful under section 275 if the person knows or ought reasonably to know of the facts that result in the act or omission being unlawful under that section.
Maximum penalty—400 penalty units or 2 years imprisonment.
(2)
An offence against subsection (1) is a misdemeanour.
s 307A ins 2018 No. 9s 15
307B
Schemes to circumvent prohibition on particular political donations or electoral expenditure
(1)
A person must not knowingly participate, directly or indirectly, in a scheme to circumvent—
(a)
a prohibition under division 8, subdivision 4 about political donations; or
(b)
an offence against this part related to making or accepting political donations or incurring electoral expenditure.
Maximum penalty—1,500 penalty units or 10 years imprisonment.
(2)
For subsection (1), it does not matter whether the person also participates in the scheme for other purposes.
(3)
An offence against subsection (1) is a crime.
(4)
In this section—
participate in, a scheme, includes—
(a)
enable, aid or facilitate entry into, or the carrying out of, a scheme; and
(b)
organise or control a scheme.
scheme includes arrangement, agreement, understanding, course of conduct, promise or undertaking, whether express or implied.
s 307B ins 2018 No. 9s 15
amd 2020 No. 20s 47
307C
False or misleading information relating to determinations
(1)
A person must not give the commissioner information under section 277 that the person knows is false or misleading in a material particular.
Maximum penalty—400 penalty units or 2 years imprisonment.
(2)
Subsection (1) does not apply to a person if the person, when giving information in a document—
(a)
tells the commissioner, to the best of the person’s ability, how the document is false or misleading; and
(b)
if the person has, or can reasonably obtain, the correct information—gives the correct information.
(3)
An offence against subsection (1) is a misdemeanour.
(4)
In a proceeding against a person for an offence under section 307A, a determination made under section 277 is taken to be of no effect if the person knew, or ought reasonably to have known, at the time of the relevant act or omission that information given to, or used by, the commissioner under section 277 was false or misleading in a material particular.
s 307C ins 2018 No. 9s 15
307D
False or misleading information about gift
(1)
A person must not publish information about a gift made to, or received by, a candidate in an election, registered political party or third party that the person knows is false or misleading in a material particular.
Maximum penalty—20 penalty units.
(2)
A person does not commit an offence against subsection (1) if the information published is a true copy, or fair summary, of information in a return published by the commission under section 316.
s 307D ins 2019 No. 31s 68
308
Recovery of payments
(1)
An action in a court to recover an amount due to the State under this Act may be brought in the name of the commission.
(2)
Any process in the action required to be served on the State may be served on the commission.
(3)
The commission may deduct an amount payable by a person to the State under this Act from another amount payable by the commission to the person under this Act, including, for example—
(a)
an amount of election funding payable to the person under division 4; or
(b)
a policy development payment payable to the person under division 5.
s 308 ins 2011 No. 14s 15
amd 2018 No. 9s 16; 2020 No. 20s 48
309
s 309 ins 2011 No. 14s 15
amd 2019 No. 31s 69
om 2020 No. 20s 49
310
Audit certificates
(1)
This section applies if a person is required to give the commission—
(a)
a return about electoral expenditure incurred by a registered political party under section 283; or
(b)
a return about amounts received, paid and outstanding under section 290(4) or 294(4).
(2)
The return must be accompanied by a certificate from an auditor stating—
(a)
that the auditor was given full and free access at all reasonable times to the records related to a matter required to be disclosed in the return; and
(b)
the auditor examined the accounts and documents mentioned in paragraph (a) that the auditor considered material for giving the certificate; and
(c)
the auditor received all the information and explanations the auditor asked for in relation to any matter required to be stated in the certificate, subject to the qualifications, if any, stated in the certificate; and
(d)
the auditor has no reason to think any statement in the declaration is not correct.
(3)
The commission may waive compliance with the requirement to give an audit certificate if the commission considers the cost of compliance with the requirement would be unreasonable.
(4)
A return required to be accompanied by a certificate from an auditor is taken not to have been given as required under this part if it is not accompanied by the certificate.
s 310 ins 2011 No. 14s 15
amd 2014 No. 32s 71 (retro); 2015 No. 2s 28; 2020 No. 20 ss 49A, 56sch 1
311
Auditor to give notice of contravention
(1)
This section applies if, in carrying out an audit to prepare an audit certificate mentioned in section 310(2), an auditor becomes aware of a matter that is reasonably likely to constitute a contravention of this part.
(2)
The auditor must, within 7 days after becoming aware of the matter, give the commission written notice of the matter.
Maximum penalty—100 penalty units.
s 311 ins 2011 No. 14s 15
amd 2014 No. 32s 72 (retro); 2020 No. 20 s 49B
312
Inability to complete returns
(1)
If a person who is required to give a return under division 7, 10 or 11 considers that it is impossible to complete the return because the person is unable to obtain particulars that are required for the preparation of the return, the person may—
(a)
prepare the return to the extent that it is possible to do so without the particulars; and
(b)
give the return so prepared; and
(c)
give to the commission a written notice—
(i)
identifying the return; and
(ii)
stating that the return is incomplete because the person is unable to obtain certain particulars; and
(iii)
identifying the particulars; and
(iv)
stating the reasons the person is unable to obtain the particulars; and
(v)
if the person believes, on reasonable grounds, that another person whose name and address the person knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person;
and a person who complies with this subsection must not, merely because of the omission of the particulars, be taken, for section 307(2), to have given a return that is incomplete.
(2)
If the commission has been informed under subsection (1)(c)(v) or (3)(e) that a person can supply particulars that have not been included in a return, the commission may, by written notice given to the person, require the person to give to the commission, within the period stated in the notice and in writing, those particulars and, subject to subsection (3), the person must comply with the requirement.
(3)
If a person who is required to give particulars under subsection (2) considers that the person is unable to obtain some or all of the particulars, the person must give to the commission a written notice—
(a)
stating the particulars (if any) that the person is able to give; and
(b)
stating that the person is unable to obtain some or all of the particulars; and
(c)
identifying the particulars the person is unable to obtain; and
(d)
stating the reasons the person considers the person is unable to obtain the particulars; and
(e)
if the person believes, on reasonable grounds, that another person whose name and address the person knows can give the particulars—stating the name and address of the other person and the reasons the person believes that the other person is able to give the particulars.
(4)
A person who complies with subsection (3) must not, because of the omission of particulars required under subsection (2), be taken, for section 307(2), to have given a return that is incomplete.
s 312 ins 2011 No. 14s 15
312A
Notifying particulars for incomplete returns
(1)
This section applies to a person who, within 5 years after the polling day for an election—
(a)
gives the commission a notice under section 312(1) or (3) that states the person is unable to obtain certain particulars required to complete a return for the election; and
(b)
obtains the particulars.
(2)
As soon as practicable after obtaining the particulars, the person must give the commission a written notice identifying—
(a)
the return to which the particulars relate; and
(b)
the particulars.
s 312A ins 2019 No. 31s 70
313
Extension for giving return
(1)
A person who is required to give a return under this part may, before the day by which the return must be given, apply to the commission for an extension of the day by which the return must be lodged.
(2)
The commission may grant the application if the commission is satisfied it is appropriate to do so in the circumstances.
(3)
However, an extension under this section may not extend the day by which the return is required to be given to a day that is more than 1 month after the day the return would, other than for this section, be required to be lodged.
(4)
The commission may, as a condition of extending the day by which the return must be given, require the person to give a return containing the particulars the person has available at the time.
s 313 ins 2011 No. 14s 15
amd 2014 No. 32s 73 (retro)
314
Noncompliance with part does not affect election
(1)
A failure of a person to comply with a provision of this part for an election does not invalidate the election.
(2)
Without limiting subsection (1), if—
(a)
a registered political party endorsed a candidate in an election; and
(b)
the candidate was elected at the election;
any failure by the agent of the political party to comply with a provision of this part for the election does not invalidate the election of the candidate.
(3)
Without limiting subsection (1), if the agent of a candidate who is elected at an election fails to comply with a provision of this part for the election, that failure does not invalidate the election of the candidate.
s 314 ins 2011 No. 14s 15
315
Amendment of claims and returns
(1)
If the commissioner is satisfied that a claim or return under this part contains a formal error or is subject to a formal defect, the commissioner may amend the claim or return to the extent necessary to correct the error or remove the defect.
(2)
A person who has lodged a claim or given a return under this part may ask the permission of the commission to make a specified amendment of the claim or return for correcting an error or omission.
(3)
If the claim was lodged, or the return was given, by a person as the agent of a registered political party, the request under subsection (2) may be made either by—
(a)
the person who lodged the claim or return; or
(b)
the person who is currently registered as the agent of the political party.
(4)
A request under subsection (2) must—
(a)
be by written notice signed by the person making the request; and
(b)
be given to the commission.
(5)
If—
(a)
a request has been made under subsection (2); and
(b)
the commission is satisfied that there is an error in, or omission from, the claim or return to which the request relates;
the commission must permit the person making the request to amend the claim or return in accordance with the request.
(6)
If the commission decides to refuse a request under subsection (2), the commission must give to the person making the request written notice of the reasons for the decision.
(7)
An officer authorised for the purpose by the commission may exercise the power of the commission under subsection (5).
(8)
If an officer acting under subsection (7) decides to refuse a request under subsection (2)—
(a)
subsection (6) applies as if the officer were the commission; and
(b)
the person who made the request may, by written notice lodged with the commission within 28 days after notice of the refusal was given, ask the commission to review the decision.
(9)
If a request is made under subsection (8), the commission must review the decision to which the request relates and make a fresh decision.
(10)
The amendment of a claim or return under this section does not affect the liability of a person to be convicted of an offence against section 307(2), (3) or (5) arising out of the lodging of the claim or the giving of the return.
s 315 ins 2011 No. 14s 15
315A
Electronic lodgement of returns
(1)
The commission may make procedures about how a return under division 7 or 11 may be lodged electronically.
(2)
The procedures—
(a)
do not take effect until approved by a regulation; and
(b)
must be tabled in the Legislative Assembly with the regulation approving the procedures; and
(c)
must be published on the commission’s website.
(3)
If a return under division 7 or 11 is lodged in accordance with the procedures, the return is taken to have been given to the commission.
s 315A ins 2015 No. 2s 29
316
Publishing of returns
(1)
The commission must publish a return given to the commission under this part on its website.
(2)
A return mentioned in subsection (1) must be published within 5 business days after the return is given to the commission.
(3)
However, if publishing a return mentioned in subsection (1) would disclose the following information, the commission must publish a copy of the return from which the information has been deleted—
(a)
the address of an individual identified in the return if the person giving the return informs the commission that the individual is—
(i)
a silent elector; or
(ii)
enrolled on the electoral roll of the Commonwealth or another State with status equivalent or similar to a silent elector;
(b)
the street address of each other individual identified in the return;
(c)
details of an election participant’s State campaign account;
(d)
information prescribed by regulation as information not to be published.
(4)
For subsection (3)(b), the requirement to delete the street address of an individual does not include a requirement to delete the suburb, town, city or other locality, or State of the individual.
(5)
The commission must not publish a copy, or part of a copy, of a bank statement that accompanied a return mentioned in subsection (1).
s 316 ins 2011 No. 14s 15
amd 2014 No. 32s 74 (retro); 2015 No. 2s 30; 2019 No. 31s 71; 2020 No. 20s 50
317
Inspection and supply of copies of claims and returns
(1)
The commission must keep, at its office, a copy of—
(a)
each claim under division 4; and
(b)
each return under division 7, 8 or 10; and
(c)
each return under division 11.
(2)
Any person may peruse, at the office of the commission, a copy of a claim or return mentioned in subsection (1).
(3)
A person may, on payment of a fee decided by the commission to cover the cost of copying, obtain a copy of a claim or return mentioned in subsection (1).
(4)
A person is not entitled under this section to peruse, or obtain a copy of a claim under division 4 until after the end of 24 weeks after the polling day for the election to which the claim relates.
(5)
In this section—
claim includes the following—
(a)
any documents accompanying the claim;
(b)
any documents relating to the assessment of the claim by the commission.
s 317 ins 2011 No. 14s 15
amd 2014 No. 32s 75 (retro); 2015 No. 2s 31; 2019 No. 31s 72
318
s 318 ins 2011 No. 14s 15
om 2014 No. 32s 76 (retro)
319
Compliance agreements
(1)
The commission may enter into a written agreement (a compliance agreement) with a person on whom an obligation is placed by this part to ensure the person complies with this part or remedies an apparent contravention of this part.
(2)
A compliance agreement may state the measures to be taken by the person to whom it applies to ensure the person complies with this part or remedies an apparent contravention of this part.
(3)
A court may, on application by the commission, make a declaration that a person has contravened a compliance agreement and make ancillary orders to enforce the compliance agreement.
(4)
This section does not affect proceedings for an offence for a contravention of this Act.
s 319 ins 2011 No. 14s 15
Division 13A
Audits
pt 11 div 13A hdg ins 2020 No. 20s 50A
319A
Commission may appoint auditor
(1)
The commission may, by instrument, appoint an auditor to conduct an audit of a participant in an election under this division.
(2)
An auditor may be appointed to audit any of the following matters—
(a)
a claim for election funding made under division 4 by a participant in an election;
(b)
a return given to the commission under division 7, 10 or 11 by a participant in an election;
(c)
the State campaign account of a participant in an election;
(d)
the compliance of a participant in an election with this part generally.
(3)
The commission may appoint an auditor to conduct an audit whether or not the commission suspects the election participant has contravened a provision of this part.
s 319A ins 2020 No. 20s 50A
319B
Participant in election must assist appointed auditor
(1)
This section applies if an auditor is appointed under section 319A to conduct an audit of a participant in an election.
(2)
The election participant must give the auditor the assistance the auditor reasonably requires to conduct the audit.
Maximum penalty—200 penalty units.
(3)
Without limiting subsection (2), the election participant must give the auditor—
(a)
full and free access, at all reasonable times, to all accounts, records and documents reasonably required by the auditor that—
(i)
are owned by, or in the custody or under the control of, the election participant; and
(ii)
relate, directly or indirectly, to a matter being audited; and
(b)
other information, or an explanation, the auditor reasonably requires about a matter being audited.
(4)
For subsection (3), a matter being audited includes—
(a)
for an audit about a claim for election funding under division 4—a matter required to be stated in the claim; or
(b)
for an audit about a return given under division 7, 10 or 11—a matter required to be stated in the return; or
(c)
for an audit of a State campaign account—a transaction on the State campaign account carried out, or required to be carried out, under this part.
(5)
In this section—
reasonably requires means requires on grounds that are reasonable in the circumstances.
s 319B ins 2020 No. 20s 50A
319C
Audit report
(1)
An auditor who conducts an audit of a participant in an election under this division must prepare a report about the audit.
(2)
The report—
(a)
must state whether, in the appointed auditor’s opinion—
(i)
the matters audited were truthful and accurate; and
(ii)
the election participant has, or may have, contravened a provision of this part; and
(b)
may suggest ways the practices or systems the election participant uses to manage its financial affairs may be improved to assist the participant’s compliance with this part.
(3)
The auditor must give a copy of the report to—
(a)
the commission; and
(b)
the election participant.
s 319C ins 2020 No. 20s 50A
Division 14
General provisions about authorised officers
pt 11 div 14 hdg ins 2011 No. 14s 15
Subdivision 1
Appointment
pt 11 div 14 sdiv 1 hdg ins 2011 No. 14s 15
320
Authorised officer under pt 11
(1)
This part includes provision for the appointment of authorised officers, and gives authorised officers particular powers.
(2)
The purpose of these provisions is to ensure the commission has available to it suitably qualified persons who can help the commission properly deal with issues about compliance with the part.
s 320 ins 2011 No. 14s 15
321
Appointment and qualifications
(1)
The commission may, by instrument in writing, appoint any of the following persons as authorised officers—
(a)
officers of the commission;
(b)
public service employees;
(ba)
other persons who are auditors;
(c)
other persons prescribed under a regulation.
(2)
However, the commissioner may appoint a person as an authorised officer only if—
(a)
the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or
(b)
the person has satisfactorily finished training approved by the commissioner.
s 321 ins 2011 No. 14s 15
amd 2020 No. 20s 50B
322
Appointment conditions and limit on powers
(1)
An authorised officer holds office on any conditions stated in—
(a)
the authorised officer’s instrument of appointment; or
(b)
a signed notice given to the authorised officer; or
(c)
a regulation.
(2)
The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers.
(3)
In this section—
signed notice means a notice signed by the commissioner.
s 322 ins 2011 No. 14s 15
323
When office ends
(1)
The office of a person as an authorised officer ends if any of the following happens—
(a)
the term of office stated in a condition of office ends;
(b)
under another condition of office, the office ends;
(c)
the authorised officer’s resignation under section 324 takes effect.
(2)
Subsection (1) does not limit the ways the office of a person as an authorised officer ends.
(3)
In this section—
condition of office means a condition under which the authorised officer holds office.
s 323 ins 2011 No. 14s 15
324
Resignation
(1)
An authorised officer may resign by signed notice given to the commissioner.
(2)
However, if holding office as an authorised officer is a condition of the authorised officer holding another office, the authorised officer may not resign as an authorised officer without resigning from the other office.
s 324 ins 2011 No. 14s 15
Subdivision 2
Identity cards
pt 11 div 14 sdiv 2 hdg ins 2011 No. 14s 15
325
Issue of identity card
(1)
The commissioner must issue an identity card to each authorised officer.
(2)
The identity card must—
(a)
contain a recent photo of the authorised officer; and
(b)
contain a copy of the authorised officer’s signature; and
(c)
identify the person as an authorised officer under this Act; and
(d)
state an expiry date for the card.
(3)
This section does not prevent the issue of a single identity card to a person for this Act and other purposes.
s 325 ins 2011 No. 14s 15
326
Production or display of identity card
(1)
In exercising a power in relation to a person in the person’s presence, an authorised officer must—
(a)
produce the authorised officer’s identity card for the person’s inspection before exercising the power; or
(b)
have the identity card displayed so it is clearly visible to the person when exercising the power.
(2)
However, if it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.
(3)
For subsection (1), an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 330(1)(b).
s 326 ins 2011 No. 14s 15
327
Return of identity card
If the office of a person as an authorised officer ends, the person must return the person’s identity card to the commissioner within 21 days after the office ends unless the person has a reasonable excuse.
Maximum penalty—20 penalty units.
s 327 ins 2011 No. 14s 15
Subdivision 3
Miscellaneous provisions
pt 11 div 14 sdiv 3 hdg ins 2011 No. 14s 15
328
References to exercise of powers
If—
(a)
a provision of this part refers to the exercise of a power by an authorised officer; and
(b)
there is no reference to a specific power;
the reference is to the exercise of all or any authorised officer’s powers under this part or a warrant, to the extent the powers are relevant.
s 328 ins 2011 No. 14s 15
329
Reference to document includes reference to reproductions from electronic document
A reference in this part to a document includes a reference to an image or writing—
(a)
produced from an electronic document; or
(b)
not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.
s 329 ins 2011 No. 14s 15
Division 15
Entry of places by authorised officers
pt 11 div 15 hdg ins 2011 No. 14s 15
Subdivision 1
Power to enter
pt 11 div 15 sdiv 1 hdg ins 2011 No. 14s 15
330
General power to enter places
(1)
An authorised officer may enter a place if—
(a)
an occupier at the place consents under subdivision 2 to the entry and section 333 has been complied with for the occupier; or
(b)
it is a public place and the entry is made when the place is open to the public; or
(c)
the entry is authorised under a warrant and, if there is an occupier of the place, section 340 has been complied with for the occupier; or
(d)
it is a place of business at which the authorised officer reasonably suspects any of the following documents are kept and the place is open for carrying on the business or otherwise open for entry—
(i)
a document issued to a person under this part;
(ii)
a document required to be kept by a person under this part.
(2)
For subsection (1)(d), a place of business includes an office or other place at which a political party, elected member or candidate carries out political or administrative activities but does not include a part of a place where a person resides.
(3)
If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.
(4)
If the power to enter is under a warrant, the power is subject to the terms of the warrant.
(5)
The consent may provide consent for re-entry and is subject to the conditions of consent.
(6)
If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.
s 330 ins 2011 No. 14s 15
amd 2014 No. 32s 77 (retro)
Subdivision 2
Entry by consent
pt 11 div 15 sdiv 2 hdg ins 2011 No. 14s 15
331
Application of sdiv 2
This subdivision applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 330(1)(a).
s 331 ins 2011 No. 14s 15
332
Incidental entry to ask for access
For the purpose of asking the occupier for the consent, an authorised officer may, without the occupier’s consent or a warrant—
(a)
enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(b)
enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.
s 332 ins 2011 No. 14s 15
333
Matters authorised officer must tell occupier
Before asking for the consent, the authorised officer must give a reasonable explanation to the occupier—
(a)
about the purpose of the entry, including the powers intended to be exercised; and
(b)
that the occupier is not required to consent; and
(c)
that the consent may be given subject to conditions and may be withdrawn at any time.
s 333 ins 2011 No. 14s 15
334
Consent acknowledgement
(1)
If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
(2)
The acknowledgement must state—
(a)
the purpose of the entry, including the powers to be exercised; and
(b)
the following has been explained to the occupier—
(i)
the purpose of the entry, including the powers intended to be exercised;
(ii)
that the occupier is not required to consent;
(iii)
that the consent may be given subject to conditions and may be withdrawn at any time; and
(c)
the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and
(d)
the time and day the consent was given; and
(e)
any conditions of the consent.
(3)
If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
(4)
If—
(a)
an issue arises in a proceeding about whether the occupier consented to the entry; and
(b)
an acknowledgement complying with subsection (2) for the entry is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
s 334 ins 2011 No. 14s 15
Subdivision 3
Entry under warrant
pt 11 div 15 sdiv 3 hdg ins 2011 No. 14s 15
335
Application for warrant
(1)
An authorised officer may apply to a magistrate for a warrant for a place.
(2)
The authorised officer must prepare a written application that states the grounds on which the warrant is sought.
(3)
The written application must be sworn.
(4)
The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
Example—
The magistrate may require additional information supporting the written application to be given by statutory declaration.
s 335 ins 2011 No. 14s 15
336
Issue of warrant
(1)
The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this part.
(2)
The warrant must state—
(a)
the place to which the warrant applies; and
(b)
that a stated authorised officer or any authorised officer may with necessary and reasonable help and force—
(i)
enter the place and any other place necessary for entry to the place; and
(ii)
exercise the authorised officer’s powers; and
(c)
particulars of the offence that the magistrate considers appropriate; and
(d)
the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and
(e)
the evidence that may be seized under the warrant; and
(f)
the hours of the day or night when the place may be entered; and
(g)
the magistrate’s name; and
(h)
the day and time of the warrant’s issue; and
(i)
the day, within 14 days after the warrant’s issue, the warrant ends.
s 336 ins 2011 No. 14s 15
337
Electronic application
(1)
An application under section 335 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—
(a)
urgent circumstances; or
(b)
other special circumstances, including, for example, the authorised officer’s remote location.
(2)
The application—
(a)
may not be made before the authorised officer prepares the written application under section 335(2); but
(b)
may be made before the written application is sworn.
s 337 ins 2011 No. 14s 15
338
Additional procedure if electronic application
(1)
For an application made under section 337, the magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—
(a)
it was necessary to make the application under section 337; and
(b)
the way the application was made under section 337 was appropriate.
(2)
After the magistrate issues the original warrant—
(a)
if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or
(b)
otherwise—
(i)
the magistrate must tell the authorised officer the information mentioned in section 336(2); and
(ii)
the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 336(2) provided by the magistrate.
(3)
The copy of the warrant mentioned in subsection (2)(a), or the form of warrant completed under subsection (2)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.
(4)
The authorised officer must, at the first reasonable opportunity, send to the magistrate—
(a)
the written application complying with section 335(2) and (3); and
(b)
if the authorised officer completed a form of warrant under subsection (2)(b)—the completed form of warrant.
(5)
The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—
(a)
attach the documents to the original warrant; and
(b)
give the original warrant and documents to the clerk of the court of the relevant magistrates court.
(6)
Despite subsection (3), if—
(a)
an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and
(b)
the original warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.
(7)
This section does not limit section 335.
(8)
In this section—
relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.
s 338 ins 2011 No. 14s 15
339
Defect in relation to a warrant
(1)
A warrant is not invalidated by a defect in—
(a)
the warrant; or
(b)
compliance with this subdivision;
unless the defect affects the substance of the warrant in a material particular.
(2)
In this section—
warrant includes a duplicate warrant mentioned in section 338(3).
s 339 ins 2011 No. 14s 15
340
Entry procedure
(1)
This section applies if an authorised officer is intending to enter a place under a warrant issued under this subdivision.
(2)
Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—
(a)
identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;
(b)
give the person a copy of the warrant;
(c)
tell the person the authorised officer is permitted by the warrant to enter the place;
(d)
give the person an opportunity to allow the authorised officer immediate entry to the place without using force.
(3)
However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.
(4)
In this section—
warrant includes a duplicate warrant mentioned in section 338(3).
s 340 ins 2011 No. 14s 15
Division 16
General powers of authorised officers after entering places
pt 11 div 16 hdg ins 2011 No. 14s 15
341
Application of div 16
(1)
The power under this division may be exercised if an authorised officer enters a place under section 330(1)(a), (c) or (d).
(2)
However, if the authorised officer enters under section 330(1)(a) or (c), the powers under this division are subject to any conditions of the consent or terms of the warrant.
s 341 ins 2011 No. 14s 15
342
General powers
(1)
The authorised officer may do any of the following (each a general power)—
(a)
search any part of the place;
(b)
inspect, examine or film any part of the place or anything at the place;
(c)
place an identifying mark in or on anything at the place;
(d)
take an extract from, or copy, a document at the place, or take the document to another place to copy;
(e)
produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;
(f)
take to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;
(g)
remain at the place for the time necessary to achieve the purpose of the entry.
(2)
The authorised officer may take a necessary step to allow the exercise of a general power.
(3)
If the authorised officer takes a document from the place to copy it, the authorised officer must copy and return the document to the place as soon as practicable.
(4)
If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.
(5)
In this section—
examine includes analyse, test, account, measure, weigh, grade, gauge and identify.
film includes photograph, videotape and record an image in another way.
inspect, a thing, includes open the thing and examine its contents.
s 342 ins 2011 No. 14s 15
343
Power to require reasonable help
(1)
The authorised officer may make a requirement (a help requirement) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.
(2)
When making the help requirement, the authorised officer must give the person an offence warning for the requirement.
s 343 ins 2011 No. 14s 15
344
Offence to contravene help requirement
(1)
A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.
(3)
However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this part.
Note—
See, however, section 371.
s 344 ins 2011 No. 14s 15
Division 17
Seizure by authorised officers and forfeiture
pt 11 div 17 hdg ins 2011 No. 14s 15
Subdivision 1
Power to seize
pt 11 div 17 sdiv 1 hdg ins 2011 No. 14s 15
345
Seizing evidence at a place that may be entered without consent or warrant
An authorised officer who enters a place the authorised officer may enter under this Act without the consent of an occupier of the place and without a warrant may seize a thing at the place if the authorised officer reasonably believes the thing is evidence of an offence against this part.
s 345 ins 2011 No. 14s 15
346
Seizing evidence at a place that may be entered only with consent or warrant
(1)
This section applies if—
(a)
an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and
(b)
the authorised officer enters the place after obtaining the consent or under a warrant.
(2)
If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if—
(a)
the authorised officer reasonably believes the thing is evidence of an offence against this part; and
(b)
seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.
(3)
If the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.
(4)
The authorised officer may also seize anything else at the place if the authorised officer reasonably believes—
(a)
the thing is evidence of an offence against this part; and
(b)
the seizure is necessary to prevent the thing being hidden, lost or destroyed.
(5)
The authorised officer may also seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this part.
s 346 ins 2011 No. 14s 15
347
Seizure of property subject to security
(1)
An authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.
(2)
However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting for the authorised officer.
s 347 ins 2011 No. 14s 15
Subdivision 2
Powers to support seizure
pt 11 div 17 sdiv 2 hdg ins 2011 No. 14s 15
348
Power to secure seized thing
(1)
Having seized a thing under this division, an authorised officer may—
(a)
leave it at the place where it was seized (the place of seizure) and take reasonable action to restrict access to it; or
(b)
move it from the place of seizure.
(2)
For subsection (1)(a), the authorised officer may, for example—
(a)
seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or
(b)
require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or anything else an authorised officer could do under subsection (1)(a).
s 348 ins 2011 No. 14s 15
349
Offence to contravene other seizure requirement
A person must comply with a requirement made of the person under section 348(2)(b) unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
s 349 ins 2011 No. 14s 15
350
Offence to interfere
(1)
If access to a seized thing is restricted under section 348, a person must not tamper with the thing or with anything used to restrict access to the thing without—
(a)
an authorised officer’s approval; or
(b)
a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
If access to a place is restricted under section 348, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—
(a)
an authorised officer’s approval; or
(b)
a reasonable excuse.
Maximum penalty—50 penalty units.
s 350 ins 2011 No. 14s 15
Subdivision 3
Safeguards for seized things
pt 11 div 17 sdiv 3 hdg ins 2011 No. 14s 15
351
Receipt and information notice for seized thing
(1)
This section applies if an authorised officer seizes anything under this division unless—
(a)
the authorised officer reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or
(b)
because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.
(2)
The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—
(a)
a receipt for the thing that generally describes the thing and its condition; and
(b)
an information notice about the decision to seize it.
(3)
However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.
(4)
The receipt and information notice may—
(a)
be given in the same document; and
(b)
relate to more than 1 seized thing.
(5)
The authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this part.
(6)
However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.
s 351 ins 2011 No. 14s 15
352
Access to seized thing
(1)
Until a seized thing is forfeited or returned, the authorised officer who seized the thing must allow an owner of the thing—
(a)
to inspect it at any reasonable time and from time to time; and
(b)
if it is a document—to copy it.
(2)
Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.
(3)
The inspection or copying must be allowed free of charge.
s 352 ins 2011 No. 14s 15
353
Return of seized thing
(1)
This section applies if a seized thing has some intrinsic value and is not forfeited or transferred under subdivision 4 or 5.
(2)
The authorised officer must return the seized thing to an owner—
(a)
generally—at the end of 6 months after the seizure; or
(b)
if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.
(3)
Despite subsection (2), if the thing was seized as evidence, the authorised officer must return the thing seized to an owner as soon as practicable after the authorised officer is satisfied—
(a)
its continued retention as evidence is no longer necessary; and
(b)
it is lawful for the owner to possess it.
(4)
Nothing in this section affects a lien or other security over the seized thing.
s 353 ins 2011 No. 14s 15
Subdivision 4
Forfeiture
pt 11 div 17 sdiv 4 hdg ins 2011 No. 14s 15
354
Forfeiture by commissioner decision
(1)
The commissioner may decide a seized thing is forfeited to the State if an authorised officer—
(a)
after making reasonable inquiries, can not find an owner; or
(b)
after making reasonable efforts, can not return it to an owner.
(2)
However, the authorised officer is not required to—
(a)
make inquiries if it would be unreasonable to make inquiries to find an owner; or
(b)
make efforts if it would be unreasonable to make efforts to return the thing to an owner.
Example for paragraph (b)—
The owner of the thing has migrated to another country.
(3)
Regard must be had to the thing’s condition, nature and value in deciding—
(a)
whether it is reasonable to make inquiries or efforts; and
(b)
if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.
s 354 ins 2011 No. 14s 15
355
Information notice about forfeiture decision
(1)
If the commissioner decides under section 354(1) to forfeit a thing, the commissioner must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner) an information notice about the decision.
(2)
The information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.
(3)
The information notice must state that the former owner may apply for a stay of the decision if the person appeals against the decision.
(4)
However, subsections (1) to (3) do not apply if the place where the thing was seized is—
(a)
a public place; or
(b)
a place where the notice is unlikely to be read by the former owner.
s 355 ins 2011 No. 14s 15
Subdivision 5
Dealing with property forfeited or transferred to State
pt 11 div 17 sdiv 5 hdg ins 2011 No. 14s 15
356
When thing becomes property of the State
A thing becomes the property of the State if—
(a)
the thing is forfeited to the State under section 354(1); or
(b)
the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.
s 356 ins 2011 No. 14s 15
357
How property may be dealt with
(1)
This section applies if, under section 356, a thing becomes the property of the State.
(2)
The commissioner may deal with the thing as the commissioner considers appropriate, including, for example, by destroying it or giving it away.
(3)
The commissioner must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this part.
(4)
If the commissioner sells the thing, the commissioner may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.
s 357 ins 2011 No. 14s 15
Division 18
Other information-obtaining powers of authorised officers
pt 11 div 18 hdg ins 2011 No. 14s 15
358
Power to require name and address
(1)
This section applies if an authorised officer—
(a)
finds a person committing an offence against this part; or
(b)
finds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed an offence against this part; or
(c)
has information that leads the authorised officer to reasonably suspect a person has just committed an offence against this part.
(2)
The authorised officer may require the person to state the person’s name and residential address.
(3)
The authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—
(a)
be in possession of evidence of the correctness of the stated name or address; or
(b)
otherwise be able to give the evidence.
(4)
When making a personal details requirement, the authorised officer must give the person an offence warning for the requirement.
(5)
A requirement under this section is a personal details requirement.
s 358 ins 2011 No. 14s 15
359
Offence to contravene personal details requirement
(1)
A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.
s 359 ins 2011 No. 14s 15
360
Power to require production of documents
(1)
An authorised officer may require a person to make available for inspection by an authorised officer, or to produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer—
(a)
a document issued to the person under this part; or
(b)
a document required to be kept by the person under this part; or
(c)
if a document or information required to be kept by the person under this part is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.
(2)
A requirement under subsection (1) is a document production requirement.
(3)
For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.
(4)
The authorised officer may keep the document to copy it.
(5)
If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.
(6)
A requirement under subsection (5) is a document certification requirement.
(7)
The authorised officer must return the document to the person as soon as practicable after copying it.
(8)
However, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.
s 360 ins 2011 No. 14s 15
361
Offence to contravene document production requirement
(1)
A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—200 penalty units.
(2)
It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.
Note—
See, however, section 371.
(3)
The authorised officer must inform the person, in a way that is reasonable in the circumstances—
(a)
that the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and
(b)
that, under section 371, there is a limited immunity against the future use of the information or document given in compliance with the requirement.
(4)
If the person fails to comply with the document production requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).
(5)
If a court convicts a person of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.
s 361 ins 2011 No. 14s 15
362
Offence to contravene document certification requirement
(1)
A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—200 penalty units.
(2)
It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.
Note—
See, however, section 371.
(3)
The authorised officer must inform the person, in a way that is reasonable in the circumstances—
(a)
that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and
(b)
that, under section 371, there is a limited immunity against the future use of the information or document given in compliance with the requirement.
(4)
If the person fails to comply with the document certification requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).
s 362 ins 2011 No. 14s 15
363
Power to require information
(1)
This section applies if an authorised officer reasonably believes—
(a)
an offence against this part has been committed; and
(b)
a person may be able to give information about the offence.
(2)
The authorised officer may, by notice given to the person, require the person to give the authorised officer information related to the offence at a stated reasonable time and place.
(3)
A requirement under subsection (2) is an information requirement.
(4)
For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.
(5)
In this section—
information includes a document.
s 363 ins 2011 No. 14s 15
364
Offence to contravene information requirement
(1)
A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—200 penalty units or 1 year’s imprisonment.
(2)
It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.
s 364 ins 2011 No. 14s 15
Division 19
Miscellaneous provisions relating to authorised officers
pt 11 div 19 hdg ins 2011 No. 14s 15
Subdivision 1
Damage
pt 11 div 19 sdiv 1 hdg ins 2011 No. 14s 15
365
Duty to avoid inconvenience and minimise damage
In exercising a power, an authorised officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.
Note—
See also section 367.
s 365 ins 2011 No. 14s 15
366
Notice of damage
(1)
This section applies if—
(a)
an authorised officer damages something when exercising, or purporting to exercise, a power; or
(b)
a person (the assistant) acting under the direction or authority of an authorised officer damages something.
(2)
However, this section does not apply to damage the authorised officer reasonably considers is trivial or if the authorised officer reasonably believes—
(a)
there is no-one apparently in possession of the thing; or
(b)
the thing has been abandoned.
(3)
The authorised officer must give notice of the damage to the person who appears to the authorised officer to be an owner, or person in control, of the thing.
(4)
However, if for any reason it is not practicable to comply with subsection (3), the authorised officer must—
(a)
leave the notice at the place where the damage happened; and
(b)
ensure it is left in a conspicuous position and in a reasonably secure way.
(5)
The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the authorised officer.
(6)
The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.
(7)
If the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the notice.
(8)
The notice must state—
(a)
particulars of the damage; and
(b)
that the person who suffered the damage may claim compensation under section 367.
s 366 ins 2011 No. 14s 15
Subdivision 2
Compensation
pt 11 div 19 sdiv 2 hdg ins 2011 No. 14s 15
367
Compensation
(1)
A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer including a loss arising from compliance with a requirement made of the person under division 17 or 18.
(2)
However, subsection (1) does not include loss arising from a lawful seizure or a lawful forfeiture.
(3)
The compensation may be claimed and ordered in a proceeding—
(a)
brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
(b)
for an alleged offence against this part the investigation of which gave rise to the claim for compensation.
(4)
A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.
(5)
In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.
(6)
A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.
(7)
Section 365 does not provide for a statutory right of compensation other than is provided by this section.
(8)
In this section—
loss includes costs and damage.
s 367 ins 2011 No. 14s 15
Subdivision 3
Other offences relating to authorised officers
pt 11 div 19 sdiv 3 hdg ins 2011 No. 14s 15
368
Giving authorised officer false or misleading information
(1)
A person must not, in relation to the administration of this part, give an authorised officer information, or a document containing information, that the person knows is false or misleading in a material particular.
Maximum penalty—200 penalty units or 2 years imprisonment.
(2)
Subsection (1) applies to information or a document given in relation to the administration of this part whether or not the information or document was given in response to a specific power under this part.
s 368 ins 2011 No. 14s 15
369
Obstructing authorised officer
(1)
A person must not obstruct an authorised officer, or someone helping an authorised officer, exercising a power unless the person has a reasonable excuse.
Maximum penalty—200 penalty units or 1 year’s imprisonment.
(2)
If a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—
(a)
it is an offence to cause an obstruction unless the person has a reasonable excuse; and
(b)
the authorised officer considers the person’s conduct an obstruction.
(3)
In this section—
obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.
s 369 ins 2011 No. 14s 15
370
Impersonating authorised officer
A person must not impersonate an authorised officer.
Maximum penalty—80 penalty units.
s 370 ins 2011 No. 14s 15
Subdivision 4
Other provisions
pt 11 div 19 sdiv 4 hdg ins 2011 No. 14s 15
371
Evidential immunity for individuals complying with particular requirements
(1)
Subsection (2) applies if an individual gives or produces information or a document to an authorised officer under section 343.
(2)
Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.
(3)
Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.
s 371 ins 2011 No. 14s 15
372
Protection from liability for particular persons
(1)
A designated person does not incur civil liability for an act done, or omission made, honestly and without negligence under this part.
(2)
If subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State.
(3)
In this section—
civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this part.
designated person means—
(a)
the commissioner; or
(b)
an authorised officer; or
(c)
a person acting under the authority or direction of an authorised officer.
s 372 ins 2011 No. 14s 15
373
Confidentiality of information
(1)
An authorised officer must not, whether directly or indirectly, disclose confidential information.
Maximum penalty—100 penalty units.
(2)
However, subsection (1) does not apply if—
(a)
the confidential information is disclosed—
(i)
in the performance of functions under this part; or
(ii)
with the written consent of the person to whom the information relates; or
(iii)
to the person to whom the information relates; or
(iv)
in a form that could not identify any person; or
(b)
the disclosure of the confidential information is authorised under an Act or another law.
(3)
In this section—
confidential information means information that has become known to an authorised officer in the course of performing the authorised officer’s functions for this part.
s 373 ins 2011 No. 14s 15
Division 20
Appeals, evidence and legal proceedings
pt 11 div 20 hdg ins 2011 No. 14s 15
Subdivision 1
Reviews and appeals
pt 11 div 20 sdiv 1 hdg ins 2011 No. 14s 15
374
Right of appeal
A person who has a right to be given an information notice about a decision made under this part has a right to appeal against the decision.
Note—
Information notices are given under sections 277(4)(b), 278(2), 351 and 355.
s 374 ins 2011 No. 14s 15
amd 2018 No. 9s 17
375
Appeal process starts with internal review
(1)
Every appeal against a decision must be, in the first instance, by way of an application for an internal review.
(2)
A person who has a right to appeal against a decision may apply to the commissioner for a review of the decision.
s 375 ins 2011 No. 14s 15
376
How to apply for review
(1)
An application for review of a decision must be—
(a)
in the approved form; and
(b)
supported by enough information to enable the commissioner to decide the application.
(2)
The application must be made within 20 business days after—
(a)
the day the person is given the information notice about the decision; or
(b)
if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.
(3)
The commissioner may extend the period for applying for the review.
(4)
The application must not be dealt with by—
(a)
the person who made the decision; or
(b)
a person in a less senior office than the person who made the decision.
(5)
Subsection (4)—
(a)
applies despite the Acts Interpretation Act 1954, section 27A; and
(b)
does not apply to a decision made by the commissioner.
s 376 ins 2011 No. 14s 15
377
Stay of operation of decision
(1)
An application for review of a decision does not stay the decision.
(2)
However, the applicant may immediately apply for a stay of the decision to the court.
(3)
The court may stay the decision to secure the effectiveness of the review and a later appeal to the court.
(4)
The stay—
(a)
may be given on conditions the court considers appropriate; and
(b)
operates for the period fixed by the court; and
(c)
may be amended or revoked by the court.
(5)
The period of the stay must not extend past the time when the commissioner makes a review decision about the decision and any later period the court allows the applicant to enable the applicant to appeal against the review decision.
(6)
An application for review of a decision affects the decision, or carrying out of the decision, only if the decision is stayed.
s 377 ins 2011 No. 14s 15
378
Review decision
(1)
The commissioner must, within 30 business days after receiving the application—
(a)
review the decision (the original decision); and
(b)
make a decision (the review decision) to—
(i)
confirm the original decision; or
(ii)
amend the original decision; or
(iii)
substitute another decision for the original decision; and
(c)
give the applicant notice (the review notice) of the review decision.
(2)
If the review decision is not the decision sought by the applicant, the review notice must state the following—
(a)
the day the notice is given to the applicant (the review notice day);
(b)
the reasons for the decision;
(c)
that the applicant may appeal against the decision to the court within 28 days after the review notice day;
(d)
how to appeal;
(e)
that the applicant may apply to the court for a stay of the decision.
(3)
If the commissioner does not give the review notice within the 30 days, the commissioner is taken to have made a review decision confirming the original decision.
s 378 ins 2011 No. 14s 15
379
Who may appeal
A person who has applied for review of an original decision and is dissatisfied with the review decision may appeal to the court against the decision.
s 379 ins 2011 No. 14s 15
380
Procedure for an appeal to the court
(1)
An appeal to the court is started by filing a notice of appeal with the clerk of the court.
(2)
A copy of the notice must be served on the commissioner.
(3)
The notice of appeal must be filed within 28 days after the review notice day.
(4)
The court may, whether before or after the time for filing the notice of appeal ends, extend the period for filing the notice of appeal.
(5)
The notice of appeal must state fully the grounds of the appeal.
s 380 ins 2011 No. 14s 15
381
Stay of operation of review decision
(1)
The court may grant a stay of the operation of a review decision appealed against to secure the effectiveness of the appeal.
(2)
A stay—
(a)
may be granted on conditions the court considers appropriate; and
(b)
operates for the period fixed by the court; and
(c)
may be amended or revoked by the court.
(3)
The period of a stay stated by the court must not extend past the time when the court decides the appeal.
(4)
An appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.
s 381 ins 2011 No. 14s 15
382
Powers of court on appeal
(1)
In deciding an appeal, the court—
(a)
has the same powers as the commissioner in making the review decision appealed against; and
(b)
is not bound by the rules of evidence; and
(c)
must comply with natural justice.
(2)
An appeal is by way of rehearing.
(3)
The court may—
(a)
confirm the review decision; or
(b)
set aside the review decision and substitute another decision; or
(c)
set aside the review decision and return the matter to the commissioner with directions the court considers appropriate.
s 382 ins 2011 No. 14s 15
383
Effect of decision of court on appeal
(1)
If the court acts to set aside the review decision and return the matter to the commissioner with directions the court considers appropriate, and the commissioner makes a new decision, the new decision is not subject to review or appeal under this subdivision.
(2)
If the court substitutes another decision, the substituted decision is taken to be the decision of the commissioner, and the commissioner may give effect to the decision as if the decision was the original decision of the commissioner and no application for review or appeal had been made.
s 383 ins 2011 No. 14s 15
Subdivision 2
Evidence and legal proceedings
pt 11 div 20 sdiv 2 hdg ins 2011 No. 14s 15
384
Evidentiary provisions
(1)
This section applies to a proceeding under this part.
(2)
The appointment or power of the commissioner, an authorised officer or an appointed auditor must be presumed unless a party, by reasonable notice, requires proof of—
(a)
the appointment; or
(b)
the power to do anything under this part.
(3)
A signature purporting to be the signature of the commissioner, an authorised officer or an appointed auditor is evidence of the signature it purports to be.
(4)
A certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter—
(a)
that a stated document of any of the following types is a document given, issued, kept or made under this part—
(i)
an appointment, approval or decision;
(ii)
a direction or requirement;
(iii)
a notice or other document given under this part;
(b)
that a stated document is another document kept under this part;
(c)
that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b);
(d)
that on a stated day—
(i)
a stated person was given a stated decision, direction or notice under this part; or
(ii)
a stated requirement under this part was made of a stated person;
(e)
that a stated amount is payable under this part by a stated person and has not been paid;
(f)
anything else prescribed under the regulation.
(5)
In this section—
appointed auditor means an auditor appointed under section 319A to conduct an audit of a participant in an election.
s 384 ins 2011 No. 14s 15
amd 2020 No. 20s 50C
385
Particular offences under this part are summary
(1)
An offence against this part, other than sections 307A to 307C, is a summary offence.
(2)
Subject to section 307AA, a proceeding for a summary offence against this part must start within the later of the following periods to end—
(a)
1 year after the commission of the offence;
(b)
6 months after the offence comes to the complainant’s knowledge but within 2 years after the commission of the offence.
s 385 ins 2011 No. 14s 15
amd 2018 No. 9s 18; 2020 No. 20s 56sch 1
385A
Proceedings for indictable offence
(1)
A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—
(a)
by way of summary proceeding under the Justices Act 1886; or
(b)
on indictment.
(2)
However, a magistrate must not hear an indictable offence against section 307B summarily if—
(a)
the magistrate is satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or
(b)
the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.
(3)
If subsection (2) applies—
(a)
the magistrate must proceed by way of an examination of witnesses for an indictable offence; and
(b)
a plea of the person charged at the start of the proceeding must be disregarded; and
(c)
evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and
(d)
before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).
(4)
The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.
s 385A ins 2018 No. 9s 19
386
Statement of complainant’s knowledge
In a complaint starting a proceeding for an offence against this part, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.
s 386 ins 2011 No. 14s 15
Part 12
Miscellaneous
pt 12 hdg prev pt 12 hdg (prev pt 10 hdg) renum 1994 No. 82s 2sch
om 1995 No. 58s 4sch 1
pres pt 12 hdg (prev pt 9 hdg) renum 1994 No. 82s 2sch
pt 12 div 1 hdg prev pt 12 div 1 hdg om 1995 No. 58s 4sch 1
387
s 387 om 2015 No. 2s 32
388
How things are to be signed
For the purposes of this Act, a person signs a thing—
(a)
by signing the person’s name in writing on the thing; or
(b)
if the person is unable to sign as mentioned in paragraph (a)—by making the person’s mark on the thing as a signature before another person who signs the thing as witness; or
(c)
if the person is unable to sign as mentioned in paragraph (a) or make a mark as mentioned in paragraph (b)—by having another person (the other person) sign the other person’s name in writing, and clearly print the other person’s name and address and the words ‘signed for the elector’, on the thing.
s 388 amd 2002 No. 8s 29
388A
Particular information may be made available for public inspection
(1)
This section applies if the commission—
(a)
is required to keep a register under this Act; or
(b)
receives a form under section 88 nominating a person as a candidate for an election; or
(c)
receives a notice under section 306A from a registered political party about the party’s endorsement, or proposed endorsement, of a person as a candidate for an election.
(2)
The commission may make information from the register, form or notice available for public inspection, including, for example, by publishing the information on the commission’s website.
(3)
However, the commission must not make restricted information available for public inspection under subsection (2).
(4)
The following information is restricted information—
(a)
if the commission is informed that an individual identified in the document is a silent elector or enrolled on the electoral roll of the Commonwealth or another State with status equivalent or similar to a silent elector—the address of the individual;
(b)
the street address of another individual (but not the individual’s suburb, town, city or other locality, or State);
(c)
an individual’s date of birth;
(d)
an individual’s contact details, including, for example, a telephone number or email address, unless the individual has consented to the contact details being made public;
(e)
the details of a bank account of an entity, including a State campaign account kept under section 215.
(5)
In this section—
information, from a register, form or notice, includes—
(a)
a copy of—
(i)
a document included in the register; or
(ii)
the form or notice; and
(b)
personal information about an individual.
personal information see the Information Privacy Act 2009, section 12.
s 388A ins 2020 No. 20s 51
388B
Commission must not publish information about political party membership
(1)
The commission must not publish, or otherwise make available for public inspection, information about the membership of a political party.
(2)
For subsection (1), it does not matter how the information came to be in the possession or control of the commission.
s 388B ins 2020 No. 20s 51
389
Approval of forms
The commissioner may approve forms for use under this Act.
s 389 ins 2011 No. 14s 16
390
Review of certain decisions
(1)
The decisions set out in the following table are reviewable under this section if an application for review is made under this section by the person set out in the table.
Reviewable decision
Person who may apply for review
1
a decision under section 58(5) regarding the inclusion of a person’s address in the publicly available part of an electoral roll
the person
2
a decision under section 65 not to amend an electoral roll to give effect to a notice by a person
the person who gave the notice
3
a decision to take action, or not to take action, under section 67(5) to amend the electoral rolls
the person who objected under section 67 to the enrolment of another person or the other person
4
a decision under section 73 to register, or under section 75 to refuse to register, a political party
any person affected by the decision
5
a decision under the Act that a person is not a special postal voter
the person
(2)
An application for review of a reviewable decision must—
(a)
be in writing; and
(b)
be made to—
(i)
in the case of a reviewable decision mentioned in item 4 in the table—the Supreme Court; and
(ii)
in any other case—a Magistrates Court; and
(c)
be made within 1 month after the decision comes to the notice of the applicant or such further period as the court allows; and
(d)
set out the grounds on which review is sought.
(3)
The court must review the decision and make an order—
(a)
confirming the decision; or
(b)
varying the decision; or
(c)
setting aside the decision and making a decision in substitution.
(4)
If an application for review of a decision has been made to a Magistrates Court, a party to the application or the Attorney-General may, before or at any stage during the hearing of the application, apply to a District Court or the Supreme Court for removal of the matter to the court.
(5)
The court may, by order, grant the application.
(6)
If an application for review of a decision is required to be made to a Magistrates Court, a person who may make the application may apply to a District Court or the Supreme Court for leave to make the application to the court instead of a Magistrates Court.
(7)
The court may, by order, grant the leave.
(8)
The Supreme Court or a District Court is to be constituted by a single judge for the purposes of this section.
(9)
The Magistrates Court is to be constituted by a stipendiary magistrate for the purposes of this section.
s 390 amd 2001 No. 25s 2sch 1
391
Advertising of office addresses etc.
The commission must advertise the locations and opening hours of its office and offices of returning officers and other members of the commission’s staff.
392
Regulation-making power
(1)
The Governor in Council may make regulations under this Act.
(2)
A regulation may be made—
(a)
prescribing offences against the regulation; and
(b)
fixing a maximum penalty of a fine of 20 penalty units for an offence against the regulation.
s 392 amd 1995 No. 58s 4sch 1
Part 12A
By-elections before next general election
pt 12A hdg ins 2020 No. 11s 14
392A
Purpose of part
The purpose of this part is to facilitate the holding of by-elections in a way that helps minimise serious risks to the health and safety of persons caused by the public health emergency involving COVID-19.
s 392A ins 2020 No. 11s 14
392B
Application of part
This part applies in relation to a by-election held before the next general election is held after the commencement of this part.
s 392B ins 2020 No. 11s 14
392C
Definition for part
In this part—
by-election means an election of a member of the Legislative Assembly between general elections.
s 392C ins 2020 No. 11s 14
392D
Change of time limits in writ
(1)
This section applies in relation to the writ issued for a by-election.
(2)
Despite anything in this Act, the Governor or Speaker, whoever issued the writ, may by gazette notice—
(a)
postpone the polling day stated in the writ to a day to be fixed by a further gazette notice under paragraph (b); or
(b)
substitute a later day for a day stated in the writ under section 84(1), any of paragraphs (a) to (e).
(3)
A gazette notice under subsection (2)(b) may be made before, on or after the day stated in the writ.
(4)
To remove any doubt, it is declared that a gazette notice under this section may be made as occasion requires.
s 392D ins 2020 No. 11s 14
392E
Adjournment of poll
(1)
This section applies if the poll for a by-election is adjourned under section 99B(3) or 100(1).
(2)
Section 100 applies in relation to the poll as if the reference in section 100(3) to a day not later than 34 days after the polling day were a reference to the earliest Saturday on which the commission is satisfied the poll may practicably and safely be taken or resumed.
(3)
To remove any doubt, it is declared that the commission may act under section 100, as affected by this section, as occasion requires.
s 392E ins 2020 No. 11s 14
392F
Making a declaration vote using posted voting papers
(1)
The commission may, by notice published on the commission’s website, fix a time and day, later than the time and day mentioned in section 119(2)(b), by which an elector may make a postal vote request under section 119 for a by-election.
(2)
Section 119 applies as if a reference in section 119(2)(b) to 7p.m. on the day that is 12 days before the polling day for the election were a reference to the time and day fixed under subsection (1).
s 392F ins 2020 No. 11s 14
392G
Electoral visitor voting
(1)
This section applies if the commission is satisfied it would pose a risk to the health and safety of an issuing officer to visit, under section 120—
(a)
an elector who has given a request to vote as an electoral visitor voter to the commission or returning officer under section 120; or
(b)
electors of a particular class; or
(c)
any electors.
(2)
The commission or returning officer may direct issuing officers not to visit the elector, or electors of the class, or any electors.
(3)
Section 120 applies to issuing officers subject to the direction.
(4)
The commission or returning officer must, to the extent practicable, have an issuing officer make alternative arrangements to enable an elector affected by the direction to vote in the election.
s 392G ins 2020 No. 11s 14
392H
Electronically assisted voting
(1)
This section applies if—
(a)
the commission is satisfied that, having regard to the purpose of this part, it would be in the public interest to allow a class of electors, other than electors mentioned in section 121A, to make an electronically assisted vote in a by-election; and
(b)
a procedure about how an elector may make an electronically assisted vote has been made under section 121B.
(2)
The commission may, by notice published on the commission’s website, declare the class of electors who may vote electronically.
(3)
An elector of the stated class may make an electronically assisted vote in the by-election under part 7, division 5, subdivision 3A.
s 392H ins 2020 No. 11s 14
392I
Distribution or display of how-to-vote cards or other election material
(1)
This section applies if the commission is satisfied that, having regard to the purpose of this part, it would be in the public interest to regulate, limit or prevent the distribution or display of how-to-vote cards or other election material at a polling booth for a by-election.
(2)
The commission may give a direction—
(a)
about how, where or when how-to-vote cards may be distributed or displayed at a polling booth for the by-election; or
(b)
prohibiting the distribution or display of how-to-vote cards or other election material at a polling booth for the by-election; or
(c)
prohibiting a person from canvassing for votes in or near polling booths; or
(d)
permitting the display of political statements at a place mentioned in section 190(1).
(3)
The direction must be published on the commission’s website.
(4)
A person must not contravene the direction.
Maximum penalty—10 penalty units.
(5)
Section 190 does not apply to the display of a political statement permitted under the direction.
s 392I ins 2020 No. 11s 14
392J
s 392J ins 2020 No. 11s 14
exp 19 March 2021 (see s 392J(3))
Part 12B
pt 12B hdg ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392K
s 392K ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392L
s 392L ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392M
s 392M ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392N
s 392N ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392O
s 392O ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392P
s 392P ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392Q
s 392Q ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392R
s 392R ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392S
s 392S ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392T
s 392T ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392U
s 392U ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392V
s 392V ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392W
s 392W ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392X
s 392X ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392Y
s 392Y ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392Z
s 392Z ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
392ZA
s 392ZA ins 2020 No. 20s 58A
exp 1 year (16 November 2021) after the name of each candidate elected in the 2020 general election is published in the gazette under s 132(2) (see s 392ZA)
Part 12C
pt 12C hdg ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZB
s 392ZB ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZC
s 392ZC ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZD
s 392ZD ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZE
s 392ZE ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZF
s 392ZF ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZG
s 392ZG ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZH
s 392ZH ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZI
s 392ZI ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZJ
s 392ZJ ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZK
s 392ZK ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZL
s 392ZL ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZM
s 392ZM ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZN
s 392ZN ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZO
s 392ZO ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZP
s 392ZP ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZQ
s 392ZQ ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZR
s 392ZR ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
392ZS
s 392ZS ins 2020 No. 38s 42
exp 1 year (27 July 2022) after the name of the candidate elected in the last by-election to which pt 12C applies is published in the gazette under s 132(2) (see s 392ZS)
Part 13
Transitional provisions
pt 13 hdg ins 2002 No. 8s 30
Division 1
Transitional provision for Electoral and Other Acts Amendment Act 2001
pt 13 div 1 hdg ins 2002 No. 8s 30
393
Transitional provision—petition disputing election
(1)
If, immediately before the commencement day, there was a petition filed under section 140 that had not been finally dealt with by the Court of Disputed Returns, the petition is taken to be an application under that section.
(2)
In this section—
commencement day means the day that the amendments of this Act in the Electoral and Other Acts Amendment Act 2001, schedule 1, commenced.
s 393 ins 2001 No. 25s 2sch 1
Division 2
Transitional provision for Electoral and Other Acts Amendment Act 2002
pt 13 div 2 hdg ins 2002 No. 8s 31
394
Registered political party constitution
(1)
This section applies to a political party that, on the commencement of this section, is a registered political party.
(2)
The party’s registered officer must, within 6 months after the commencement, give the commission a copy of the party’s constitution, which must be a complying constitution.
(3)
Despite the commencement of part 9, part 9 does not apply to the party until subsection (2) has been complied with.
(4)
If the registered officer does not comply with subsection (2), the commission must cancel the registration of the party by—
(a)
cancelling the information in, and removing the documents from, the register of political parties relating to the party; and
(b)
giving notice of the cancellation and the reasons for it to the person who was the party’s registered officer immediately before the cancellation; and
(c)
giving notice of the cancellation in the gazette; and
(d)
keeping the documents in the commission’s records.
s 394 ins 2002 No. 8s 31
Division 3
Transitional provisions for Electoral Amendment Act 2008
pt 13 div 3 hdg ins 2008 No. 47s 8 (retro)
395
Definitions for div 3
In this division—
amending Act means the Electoral Amendment Act 2008.
assent day means the day the amending Act receives assent.
commencement means 1 July 2008.
pre-amended Act means this Act as in force immediately before 1 July 2008.
s 395 ins 2008 No. 47s 8 (retro)
396
Reference to election funding amount for sch, s 294A
For the operation of the schedule, section 294A for the financial year starting 1 July 2008, a reference in the schedule, section 294A(5), definition A to ‘election funding amount’ means a reference to ‘election funding reimbursement amount’.
s 396 ins 2008 No. 47s 8 (retro)
397
Continuation of decisions under sch, s 299A
(1)
It is declared that a decision made under pre-amended section 299A before the assent day continues to have effect after the commencement as if the amending Act had not been enacted.
(2)
The pre-amended Act continues to apply in relation to the decision as if the amending Act had not been enacted.
(3)
In this section—
pre-amended section 299A means the schedule, section 299A as in force immediately before the commencement.
s 397 ins 2008 No. 47s 8 (retro)
398
Decisions about electoral expenditure paid under the pre-amended Act
(1)
This section applies to a claim for an amount of electoral expenditure accepted, and paid, by the electoral commission before the assent day if, after the assent day, the electoral commission becomes satisfied that—
(a)
the amount of electoral expenditure should not have been accepted; or
(b)
only a lesser amount of electoral expenditure should have been accepted.
(2)
The schedule, section 301 applies as if a reference in that section to a claim decision were a reference to a decision about the payment of the amount of electoral expenditure and the schedule, division 3 applies in relation to the decision with necessary changes.
s 398 ins 2008 No. 47s 8 (retro)
399
Donations made or received on or after 1 July 2008 and before the end of a stated period
(1)
This section applies if, under a provision of this Act as in force on the commencement, a person or entity is required to disclose, or otherwise deal with, a donation within a period prescribed by this Act ending on or after the commencement but before the day 13 days after the assent day.
(2)
The person or entity does not contravene the provision if the person or entity discloses, or otherwise deals with, the donation as required under this Act within 28 days after the assent day.
(3)
In this section—
disclose includes report and give a return in relation to.
donation includes gift.
s 399 ins 2008 No. 47s 8 (retro)
Division 4
pt 13 div 4 hdg ins 2010 No. 42s 43
om 2013 No. 39s 109sch 2
400
s 400 ins 2010 No. 42s 43
om 2013 No. 39s 109sch 2
Division 5
Transitional provisions for Electoral Reform and Accountability Amendment Act 2011
pt 13 div 5 hdg ins 2011 No. 14s 17
Subdivision 1
Purposes, definitions and general approach
pt 13 div 5 sdiv 1 hdg ins 2011 No. 14s 17
401
Main purpose of div 5
The main purpose of this division is to provide for provisions of part 11 that are substantially the same as repealed provisions of the previous schedule to be dealt with as replacements of the repealed provisions.
s 401 ins 2011 No. 14s 17
402
Definitions for div 5
In this division—
commencement means the commencement of the provision in which the term is used.
corresponding provision, for a previous provision, means a provision of part 11 that is substantially the same as the previous provision.
made includes given and issued.
obligation includes duty.
previous provision means a provision of the previous schedule, as in force immediately before the commencement.
previous schedule means the schedule as in force immediately before the commencement.
repealed, in relation to a provision, means as in force before the repeal of the provision by the Electoral Reform and Accountability Amendment Act 2011.
s 402 ins 2011 No. 14s 17
403
Document, action, obligation or protection under previous provision of primary Act
(1)
This section applies to any of the following—
(a)
a document made or kept under a previous provision (the relevant previous provision for the document) if the document continued to have effect or was in force immediately before the commencement;
(b)
an action done under a previous provision (the relevant previous provision for the action) if the action continued to have effect immediately before the commencement;
(c)
an entity’s obligation under a previous provision (the relevant previous provision for the obligation) if the obligation applied to the entity immediately before the commencement;
(d)
an entity’s protection under a previous provision (the relevant previous provision for the protection) that applied to the entity immediately before the commencement.
(2)
Subject to a specific provision of this Act in relation to the document, action, obligation or protection, if there is a corresponding provision for the relevant previous provision for the document, action, obligation or protection, the document, action, obligation or protection—
(a)
continues in force or to have effect according to its terms; and
(b)
may be taken to have been made, kept or done under the corresponding provision.
(3)
Subsection (2)(b) applies whether or not the relevant previous provision refers to the document, action, obligation or protection by reference to a previous provision.
(4)
Other provisions of this division include examples of the operation of this section.
s 403 ins 2011 No. 14s 17
404
Terminology in things mentioned in s 403(1)
(1)
This section applies to a document (the relevant document) that is—
(a)
a document as mentioned in section 403(1); or
(b)
evidence of a document, action, obligation or protection as mentioned in section 403(1).
(2)
A reference in the relevant document to a document, action, obligation or protection as mentioned in section 403(1) is to be read, if the context permits and with the necessary changes to terminology, as if the document, action, obligation or protection were made, kept or done under part 11.
Example for subsection (2)—
An instrument of appointment given under the previous schedule by the electoral commission to an authorised officer limiting the powers of the authorised officer is to be read as if the instrument limited the powers of the authorised officer under part 11.
s 404 ins 2011 No. 14s 17
405
Period stated in previous provision
(1)
This section applies if, in a previous provision, there is a period for doing something, and the period for doing the thing started but did not finish before the commencement.
(2)
If there is a corresponding provision to the previous provision and both the corresponding provision and the previous provision provide for the same period, the period for doing the thing continues to have started from when the period started under the previous provision but ends under the corresponding provision.
s 405 ins 2011 No. 14s 17
406
Period or date stated in document given under previous provision
(1)
This section applies if—
(a)
there was a previous provision that provided for a document to be made under it; and
(b)
there is a corresponding provision to the previous provision; and
(c)
under the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.
Example for paragraph (c)—
a notice under section 335 of the previous schedule, that states a period within which a person who is in control of a thing to be seized must take the thing to a place stated in the notice
(2)
If the document stated a period for doing something—
(a)
the stated period continues to apply for doing the thing; and
(b)
the period continues to have started from when the period started under the previous provision.
(3)
If the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.
s 406 ins 2011 No. 14s 17
407
Action happening before commencement may be relevant to proceeding for particular acts or omissions
(1)
An action as mentioned in section 403(1) happening before the commencement may be relevant to a proceeding relating to a contravention of a provision of part 11 involving an act or omission that happened after the commencement.
(2)
This section does not limit the Acts Interpretation Act 1954, section 20C.
(3)
In this section—
contravention includes an alleged contravention.
s 407 ins 2011 No. 14s 17
408
Acts Interpretation Act 1954, s 20 not limited
This part does not limit the Acts Interpretation Act 1954, section 20.
s 408 ins 2011 No. 14s 17
Subdivision 2
Transitional provisions relating to particular matters
pt 13 div 5 sdiv 2 hdg ins 2011 No. 14s 17
409
Amounts held before the commencement
(1)
This section applies to an amount of money held by a registered political party, an associated entity, a candidate or a third party before the commencement.
(2)
Subject to subsection (4), from the commencement the amount or a part of the amount may be deposited—
(a)
for an amount held by a registered political party, candidate or third party, in the State campaign account kept by the registered political party, candidate or third party; or
(b)
for an amount held by an associated entity, in the State campaign account kept by a registered political party by which the associated entity is controlled or for which the associated entity operates beneficially.
(3)
If an amount received as a gift by the registered political party, candidate or third party after 1 January 2011 is deposited in the State campaign account kept by the agent of the party or candidate or the third party, the amount is taken to be a political donation despite section 250.
(4)
An amount of money may not be deposited in a State campaign account under this section if the deposit of the amount would constitute a contravention of an applicable donation cap under part 11, division 6.
(5)
In this section—
candidate includes an elected member or other person who has announced or otherwise indicated an intention to be a candidate in an election.
s 409 ins 2011 No. 14s 17
410
Applicable expenditure cap
A reference in section 274(1) to the first financial year starting after that section commences is taken to be a reference to—
(a)
if section 274 commences before 1 July 2011, the financial year that commenced on 1 July 2010; or
(b)
if section 274 commences on or after 1 July 2011, the financial year in which the section commences.
s 410 ins 2011 No. 14s 17
411
Existing agents
(1)
This section applies to a person who, immediately before the commencement, was an agent of a registered political party or candidate under the previous schedule.
(2)
From the commencement, the person continues to be an agent of the registered political party or candidate under part 11.
s 411 ins 2011 No. 14s 17
412
Convictions against previous provision
Section 210(3) applies to a person convicted of an offence against a previous provision as if the person had been convicted of an offence against part 11.
s 412 ins 2011 No. 14s 17
413
Register of agents
The Register of Party Agents kept by the commission under the previous schedule immediately before the commencement is taken, from the commencement, to be the register of agents kept by the commission under part 11.
s 413 ins 2011 No. 14s 17
414
Existing authorised officers
(1)
This section applies to a person who—
(a)
before the commencement, was appointed under the previous schedule as an authorised officer; and
(b)
still held the appointment immediately before the commencement.
(2)
On the commencement—
(a)
the person is taken to hold office under part 11 as an authorised officer on the same conditions as the person held office as an authorised officer before the commencement; and
(b)
the person’s identity card issued under the previous schedule is taken to be an identity card under part 11.
s 414 ins 2011 No. 14s 17
Division 6
Transitional provisions for Guardianship and Administration and Other Legislation Amendment Act 2012
pt 13 div 6 hdg ins 2012 No. 37s 16
415
Definitions for div 6
In this division—
amending Act means the Guardianship and Administration and Other Legislation Amendment Act 2012.
final funding period means the period starting on 1 July 2012 and ending on 31 December 2012.
independent member means an independent member as defined under section 242 as in force immediately before the commencement of the amending Act, section 15.
repealed administrative funding provisions means part 11, division 5 as in force immediately before the commencement of the amending Act, section 15.
s 415 prev s 415 ins 2011 No. 14s 17
exp 30 December 2011 (see s 415(4)(b))
pres s 415 ins 2012 No. 37s 16
416
Entitlement of registered political party to administrative funding ends
The last period for which a registered political party is entitled to be paid administrative funding under the repealed administrative funding provisions is the final funding period.
s 416 ins 2012 No. 37s 16
417
Entitlement of independent member to administrative funding ends
(1)
The last period for which an independent member is entitled to be paid administrative funding under the repealed administrative funding provisions is the final funding period.
(2)
The repealed administrative funding provisions continue to apply in relation to an independent member until, for each funding period for which the member is entitled to be paid administrative funding, the member has been paid all of the administrative funding payable to the member.
s 417 ins 2012 No. 37s 16
Division 7
Transitional provisions for Electoral Reform Amendment Act 2014
pt 13 div 7 hdg ins 2014 No. 32s 78 (retro)
418
Definitions for div 7
In this division—
assent day means the day the Electoral Reform Amendment Act 2014 receives royal assent.
relevant commencement means the day the Electoral Reform Amendment Act 2014, section 38 is taken to have commenced under section 2 of that Act.
s 418 ins 2014 No. 32s 78 (retro)
419
Application of previous pt 11, div 4 to claims for advance payment of election funding lodged before relevant commencement
(1)
This section applies if, before the relevant commencement, a claim for advance payment of election funding by a registered political party or candidate was lodged with the commission under part 11, division 4 but not decided.
(2)
The commission’s decision, and any advance payment of election funding under that part as in force immediately before the relevant commencement, is not affected by the commencement of the Electoral Reform Amendment Act 2014.
(3)
Part 11, division 4 as in force immediately before the relevant commencement continues to apply to the party or candidate in relation to any advance payment mentioned in subsection (2) made to the party or candidate.
s 419 ins 2014 No. 32s 78 (retro)
420
Recovery of advance payments of election funding lodged and paid after relevant commencement
If a claim for advance payment of election funding lodged after the relevant commencement by a registered political party or candidate under part 11, division 4 as in force immediately before the relevant commencement, is paid before the assent day—
(a)
the amount of the advance payment is taken to be an overpayment; and
(b)
the overpayment may be recovered by the State as a debt due to the State.
s 420 ins 2014 No. 32s 78 (retro)
421
Policy development payment for financial year ending on 30 June 2013
(1)
The commission must pay a policy development payment instalment under part 11, division 5 to each eligible registered political party for the financial year ending on 30 June 2013 (the 2013 financial year).
(2)
The amount of the instalment must be worked out under that division for the 2013 financial year as if—
(a)
part 11, division 5 were in effect on and from 1 July 2012; and
(b)
the first instalment for the 2013 financial year that would have been payable on or before 31 July 2013 if that division were in effect from 1 July 2012 had already been paid.
(3)
The policy development payment must be paid to each eligible registered political party within 60 days after the assent day.
(4)
Despite section 242(3), an agent of a registered political party may apply to the commission for the commission to reconsider a decision under section 242 if the application is made—
(a)
within 90 days after the assent day; or
(b)
if the commission allows a later day—the later day.
s 421 ins 2014 No. 32s 78 (retro)
422
Application of Act in relation to Redcliffe by-election
(1)
This section applies in relation to the by-election held on 22 February 2014 for the electoral district of Redcliffe (the Redcliffe by-election).
(2)
This Act as in force immediately before the assent day applies to—
(a)
the Redcliffe by-election; and
(b)
a person in relation to the Redcliffe by-election;
even though amendments of this Act by the Electoral Reform Amendment Act 2014 are taken to have commenced on the relevant commencement.
(3)
This section applies subject to sections 419 to 421.
s 422 ins 2014 No. 32s 78 (retro)
Division 8
Transitional provisions for Electoral and Other Legislation Amendment Act 2015
pt 13 div 8 hdg ins 2015 No. 2s 33
423
Definition for div 8
In this division—
unamended Act means this Act as in force before the commencement of the Electoral and Other Legislation Amendment Act 2015.
s 423 ins 2015 No. 2s 33
424
Elections held before the commencement
The unamended Act continues to apply in relation to an election held before the commencement.
Note—
However, see also part 11, division 12, subdivision 1.
s 424 ins 2015 No. 2s 33
425
Gifts received before the commencement
(1)
The unamended Act, section 271 applies in relation to a gift received before the commencement by a political party or a person acting for a political party.
(2)
Subsection (3) applies if—
(a)
a registered political party or person acting for a registered political party received 1 or more gifts from a particular entity after 20 November 2013 but before the commencement; and
(b)
the total amount or value of the gifts is equal to or more than the gift threshold amount.
(3)
A return given by the agent of the registered political party under section 290(4) for the financial year in which the gifts were received must include the following details for the gifts—
(a)
the amount or value of the gifts;
(b)
the date on which the gifts were made.
(4)
If a return is required, under subsection (3), to include the details mentioned in that subsection, the return is, for section 307(2)(a), incomplete if it does not include the details.
(5)
A person does not commit an offence against section 307(2)(b) if, before the commencement, the person failed to keep a record relating to a gift that—
(a)
under the unamended Act, could be lawfully received; but
(b)
under section 271(1), could not be lawfully received after the commencement.
(6)
In this section—
gift see section 201.
s 425 ins 2015 No. 2s 33
426
Loans received before the commencement
(1)
The unamended Act, section 272 applies in relation to a loan received before the commencement by any of the following entities—
(a)
a political party;
(b)
person acting for a political party;
(c)
a candidate for an election;
(d)
a person acting for a candidate for an election.
(2)
Subsection (3) applies if—
(a)
a person acting for a candidate in a relevant election received, during the disclosure period for the election, a loan from an entity, other than a financial institution; and
(b)
the value of the loan is equal to or more than the gift threshold amount.
(3)
A return given by the agent of the candidate under section 262 in relation to the election must state for the loan the details mentioned in section 262(2)(b).
(4)
Subsection (5) applies if—
(a)
a registered political party or person acting for a registered political party received, during a relevant period, a loan from an entity other than a financial institution; and
(b)
the value of the loan received from the entity is equal to or more than the gift threshold amount.
(5)
A return given by the agent of the registered political party under section 290 in relation to a relevant period must state the following details for the loan—
(a)
the amount of the loan;
(b)
when the loan was received;
(c)
the relevant particulars of the entity that made the loan.
(6)
If a return is required under subsection (3) or (5) to include the details referred to or mentioned in that subsection, the return is, for section 307(2)(a), incomplete if it does not include the details.
(7)
A person does not commit an offence against section 307(2)(b) if, before the commencement, the person failed to keep a record relating to a loan that—
(a)
under the unamended Act, could be lawfully received; but
(b)
under section 272, could not be lawfully received after the commencement.
(8)
In this section—
disclosure period, for an election, see section 198.
loan see section 197.
relevant election see section 297.
relevant particulars see section 197.
relevant period means—
(a)
the period starting on 21 November 2013 and ending on 30 June 2014; or
(b)
the period starting on 1 July 2014 and ending on the commencement.
s 426 ins 2015 No. 2s 33
Division 9
Transitional provision for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018
pt 13 div 9 hdg ins 2018 No. 9s 20
427
Obligation to repay particular political donations
(1)
This section applies if—
(a)
a donation was made to a person (the recipient) on or after 12 October 2017 and before the commencement; and
Note—
The Local Government Electoral (Implementing Belcarra) and Other Legislation Amendment Bill 2017 was introduced into the Legislative Assembly on 12 October 2017.
(b)
under section 275(3), it would have been unlawful for the recipient to accept the donation if it had been made immediately after the commencement.
(2)
The recipient must pay an amount equal to the amount or value of the donation to the person who made the donation within 30 days after the commencement.
Maximum penalty—400 penalty units or 2 years imprisonment.
(3)
An offence against subsection (2) is a misdemeanour.
(4)
Section 276 applies in relation to a contravention of subsection (2) as if—
(a)
a reference in section 276 to accepting a prohibited donation were a reference to contravening subsection (2); and
(b)
a reference in section 276 to the amount or value of a prohibited donation were a reference to the amount that was not paid under subsection (2).
s 427 ins 2018 No. 9s 20
Division 10
Transitional provisions for Electoral and Other Legislation Amendment Act 2019
pt 13 div 10 hdg ins 2019 No. 31s 73
428
Definitions for division
In this division—
amended, for a provision of this Act, means as in force after the commencement.
previous, for a provision of this Act, means as in force from time to time before the commencement.
s 428 ins 2019 No. 31s 73
429
Appointment of returning officers and assistant returning officers ends
The appointment of a person as a returning officer or assistant returning officer ends on the commencement.
s 429 ins 2019 No. 31s 73
430
Particular references for redistribution of State into electoral districts
(1)
A reference in section 35 or 38 to a general election or the return of a writ for an election includes a general election held or writ returned before the commencement.
(2)
A reference in section 38 to an electoral redistribution includes an electoral redistribution that happened before the commencement.
s 430 ins 2019 No. 31s 73
430A
Election and elector information for election before commencement
Elector information can be requested and given under section 133A in relation to the general election held in 2017 and any subsequent election.
s 430A ins 2019 No. 31s 73
431
Disclosure period for next general election
The disclosure period for an election under previous section 198 applies as if the Electoral and Other Legislation Amendment Act 2019 had not been enacted for—
(a)
the first general election held after the commencement; and
(b)
each other election held after the commencement and before that general election.
s 431 ins 2019 No. 31s 73
432
Notifying particulars for incomplete returns
Section 312A does not apply to a person in relation to a notice the person gave the commission under section 312 before the commencement.
s 432 ins 2019 No. 31s 73
433
Publication of returns
(1)
This section applies to a return to which section 316 applies if, before the commencement—
(a)
section 316 did not apply to the return; and
(b)
the commission published the return on its website.
(2)
To remove any doubt, it is declared that the return was, and continues to be, published for the purposes of this Act.
s 433 ins 2019 No. 31s 73
434
Requirement to keep records
(1)
This section applies if, immediately before the commencement—
(a)
a person was required to keep a record under previous section 309; and
(b)
the period for which the person is required to keep the recorded had not ended.
(2)
Amended section 309 applies in relation to the requirement to keep the record.
s 434 in 2019 No. 31s 73
435
Offence against s 307
Previous section 307(14) continues to apply to an offence committed before the commencement.
s 435 ins 2019 No. 31s 73
Division 11
Transitional provisions for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020
pt 13 div 11 hdg ins 2020 No. 20s 52
436
Definitions for division
In this division—
2020 election means—
(a)
the 2020 general election; or
(b)
a by-election held after the commencement and before the general election mentioned in paragraph (a).
2020 general election means the general election to be held, or held, in 2020.
amended, for a provision of this Act, means the provision as in force after the commencement.
amending Act means the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020.
new, for a provision of this Act, means the provision as inserted into this Act by the amending Act.
previous, for a provision of this Act, means the provision as in force from time to time before the commencement.
s 436 ins 2020 No. 20s 52
437
Application of new s 201 to particular gifts
(1)
An amount forgiven on a loan mentioned in new section 201(2)(c)(ii) is a gift if the amount is forgiven after the commencement, even if the loan was made before the commencement.
(2)
An amount or service mentioned in new section 201(2)(e) is a gift if the amount was paid, or service was provided, under a sponsorship arrangement after the commencement, even if the sponsorship arrangement was entered into before the commencement.
(3)
New section 201(5) does not apply to a gift, or part of a gift, mentioned in new section 201(4) that was made before the commencement.
s 437 ins 2020 No. 20s 52
438
Appointment of agent
(1)
This section applies to the appointment of a person as the agent of a registered political party or a candidate in an election under part 11, division 2 as in force immediately before the commencement.
(2)
The appointment is not affected by the amendment of this Act by the amending Act.
s 438 ins 2020 No. 20s 52
439
Candidates for 2020 election
An individual who has announced or otherwise indicated the individual’s intention to be a candidate in a 2020 election is a candidate even if the announcement or indication occurred before the commencement.
Note—
See schedule 1, amended definition candidate, paragraph (b)(ii) or (iii).
s 439 ins 2020 No. 20s 52
440
State campaign accounts
(1)
This section applies to an entity if, under new section 197A, the entity—
(a)
is a participant in a 2020 election on the commencement; or
(b)
becomes a participant in a 2020 election after the commencement; or
(c)
is a participant in another election (a pre-July 2022 election) held—
(i)
after the 2020 general election; and
(ii)
before 1 July 2022.
(2)
If the election participant is a registered political party or a candidate mentioned in subsection (1)(a), the agent of the party or candidate must notify the commission of the details of the party’s State campaign account for the 2020 election within 14 days after the commencement, unless the agent has a reasonable excuse.
Maximum penalty—20 penalty units.
(3)
New sections 214, 215, 221A and 221B apply to the election participant for a 2020 election or pre-July 2022 election.
(4)
Otherwise, new part 11, division 3 does not apply to the election participant for a 2020 election or pre-July 2022 election.
s 440 ins 2020 No. 20s 52
440A
Amounts that may be paid into State campaign accounts
(1)
This section applies in relation to—
(a)
an entity that, immediately before the start date, is a registered political party; and
(b)
an entity that—
(i)
immediately before 1 August 2020, was an associated entity of a registered political party; and
(ii)
is, and has continued to be since 1 August 2020, an associated entity of a registered political party.
(2)
Despite new section 216, the following amounts may be paid into a State campaign account of the registered political party—
(a)
for the party—
(i)
money held by the party on the start date; and
(ii)
proceeds from the disposal of property, or a return on an investment, held by the party before the start date; and
(iii)
if, after the start date, the party used the proceeds or return on investment mentioned in subparagraph (ii) to purchase property or make an investment—proceeds from the disposal of the property or a return on the investment;
(b)
for the associated entity of the party—
(i)
money held by the associated entity of the party before 1 August 2020; and
(ii)
proceeds from the disposal of property, or a return on an investment, held by the associated entity of the party before 1 August 2020; and
(iii)
if, after 1 August 2020, the associated entity of the party used the proceeds or return on investment mentioned in subparagraph (ii) to purchase property or make an investment—proceeds from the disposal of the property or a return on the investment.
(3)
In this section—
start date means the later of the following days—
(a)
1 July 2022;
(b)
if a general election is held during June 2022—the day that is 30 days after the polling day for the election.
s 440A ins 2020 No. 20s 52
441
Election funding for 2020 election
For a claim for election funding that relates to a 2020 election—
(a)
despite new section 281, new section 199 applies to expenditure incurred before the commencement as if the expenditure were incurred after the commencement; and
(b)
previous section 222 continues to apply as if the amending Act had not been enacted.
s 441 ins 2020 No. 20s 52
442
Existing entitlements to policy development payments for 2020–2021 financial year
(1)
This section applies if, under previous part 11, division 5, a registered political party was entitled to a policy development payment for the 2020–2021 financial year.
(2)
Previous part 11, division 5 continues to apply as if the amending Act had not been enacted in relation to the instalment of the policy development payment that would have been payable to the registered political party on or before 31 January 2022.
(3)
Without limiting subsection (2)—
(a)
the commission must pay the instalment to the registered political party on or before 31 January 2022; and
(b)
the agent of a registered political party may apply to the commission under previous section 242 for the commission to reconsider a decision mentioned in that section in relation to the instalment; and
(c)
if an application mentioned in paragraph (b) is made—previous sections 243 and 244 apply for the application.
(4)
Despite the Acts Interpretation Act 1954, section 20, the registered political party is no longer entitled, under previous part 11, division 5, to be paid—
(a)
the instalment of the policy development payment for the 2020–2021 financial year that would have been payable to the party on or before 31 July 2022; or
(b)
a policy development payment for the financial year that starts on 1 July 2021.
(5)
In this section—
2020–2021 financial year means the financial year that starts on 1 July 2020.
s 442 ins 2020 No. 20s 52
443
Commencement of caps on political donations
(1)
Subsection (2) applies for a candidate in—
(a)
the first general election to be held after 1 July 2022; or
(b)
a by-election held after 1 July 2022 and before the general election mentioned in paragraph (a).
(2)
Despite section 247, the donation cap period for the candidate for the election—
(a)
starts on the latest of the following days—
(i)
1 July 2022;
(ii)
if a general election is held during June 2022—the day that is 30 days after the polling day for the general election;
(iii)
if the candidate is a candidate in a by-election held during June 2022—the day that is 30 days after the polling day for the by-election; and
(b)
ends 30 days after the polling day for the election.
(3)
Despite section 247, the first donation cap period for a registered political party—
(a)
starts on the later of the following days—
(i)
1 July 2022;
(ii)
if a general election is held during June 2022—the day that is 30 days after the polling day for the general election; and
(b)
ends 30 days after the polling day for the next general election.
s 443 ins 2020 No. 20s 52
444
Electoral expenditure for 2020 election—caps
(1)
Despite new section 280, the capped expenditure period for the 2020 general election starts on 1 August 2020.
(2)
New section 199 applies to expenditure incurred before the commencement as if the expenditure were incurred after the commencement.
(3)
New section 281 applies to electoral expenditure, whether the expenditure was incurred before or after the commencement.
(4)
However, new section 281 does not apply to electoral expenditure incurred to obtain goods that are first used for a campaign purpose during the capped expenditure period for the 2020 general election unless a contract for the supply of the goods was entered into on or after 17 June 2020.
(5)
New section 281A applies to electoral expenditure incurred for a campaign purpose for the 2020 general election, whether or not an event mentioned in new section 281A(3) happened before or after the commencement.
s 444 ins 2020 No. 20s 52
445
Records required to be kept by election participants
(1)
For new part 11, division 12A, until the start date—
(a)
an amount paid into the State campaign account of a registered political party or candidate in an election is taken not to be a prescribed matter for the party or candidate; and
(b)
a political donation does not include a political donation within the meaning of new section 250.
(2)
In this section—
start date means the latest of the following days—
(a)
1 July 2022;
(b)
if a general election is held during June 2022—the day that is 30 days after the polling day for the election;
(c)
for a candidate in a by-election held during June 2022—the day that is 30 days after the polling day for the by-election.
s 445 ins 2020 No. 20s 52
445A
Register of non-monetary gifts—application of requirement related to political donations
The requirement mentioned in new section 305F(2)(b) does not apply to a registered political party or candidate in an election until the first donation cap period for the party or candidate starts under section 443.
s 445A ins 2020 No. 20s 52
446
Electoral expenditure for 2020 election—disclosure
New section 283 does not apply in relation to electoral expenditure incurred for a 2020 election before the commencement.
s 446 ins 2020 No. 20s 52
447
Returns by associated entities
New section 294 does not apply to a loan made to an associated entity before the commencement.
s 447 ins 2020 No. 20s 52
448
Existing records
Previous section 309 continues to apply to a record that, immediately before the commencement, was required to be kept under that section as if the amending Act had not been enacted.
s 448 ins 2020 No. 20s 52
449
Application of offences relating to signage at polling booths to pending elections
New part 10, division 2A does not apply in relation to a polling booth for an election if the writ for the election was issued before 1 August 2020.
s 449 ins 2020 No. 20s 58B
Division 12
Transitional provision for Public Sector Act 2022
pt 13 div 12 hdg ins 2022 No. 34s 341C
450
First strategic review of commission and commissioners after commencement
(1)
Despite section 33A(2), the first strategic review of the commission and commissioners under part 2, division 4 is to be conducted within 12 months after the day the writ is returned for the first general election after the commencement.
(2)
The power of the Minister to postpone a strategic review under section 33D applies to the first strategic review mentioned in subsection (1).
s 450 ins 2022 No. 34s 341C
Schedule
sch div 1 hdg om 2011 No. 14s 18
sch s 287 amd 1999 No. 33s 747sch 3; 2001 No. 45s 29sch 3; 2002 No. 8s 32; 2008 No. 47s 9 (retro); 2009 No. 49s 25
om 2011 No. 14s 18
sch s 287AA amd 2002 No. 8s 33
(3)–(4) exp 1 January 1999 (see s 287AA(4))
om 2011 No. 14s 18
sch s 287A amd 2008 No. 47s 10
om 2011 No. 14s 18
sch div 2 hdg om 2011 No. 14s 18
sch s 288 om 2011 No. 14s 18
sch s 289 om 2011 No. 14s 18
sch s 290 om 2011 No. 14s 18
sch s 291 om 2011 No. 14s 18
sch s 292 amd 2002 No. 8s 34
om 2011 No. 14s 18
sch s 292A om 2011 No. 14s 18
sch s 292B amd 2008 No. 47s 11
om 2011 No. 14s 18
sch s 292C om 2011 No. 14s 18
sch s 292D om 2011 No. 14s 18
sch div 3 hdg om 2011 No. 14s 18
sch div 3 sdiv AA (s 292E) ins 2008 No. 47s 12 (retro)
om 2011 No. 14s 18
sch div 3 sdiv AA sdiv A hdg ins 2008 No. 47s 12 (retro)
om 2011 No. 14s 18
sch s 293 sub 2008 No. 47s 12 (retro)
om 2011 No. 14s 18
sch s 294 sub 2008 No. 47s 12 (retro)
om 2011 No. 14s 18
sch s 294A amd 2008 No. 47s 13 (retro)
om 2011 No. 14s 18
sch s 294B om 1997 No. 10s 18
sch s 295 sub 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 296 sub 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch div 3 sdiv AA sdiv B hdg ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 297 sub 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 298 sub 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 298A ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 298B ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 298C ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 298D ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 298E ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 298F ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 298G ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 298H ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch div 3 sdiv AA sdiv C hdg ins 2008 No. 47s 14 (retro)
om 2011 No. 14s 18
sch s 299 amd 2008 No. 47s 15 (retro)
om 2011 No. 14s 18
sch s 299A om 2008 No. 47s 16 (retro)
sch div 3 sdiv AA sdiv D hdg ins 2008 No. 47s 16 (retro)
om 2011 No. 14s 18
sch s 300 sub 2008 No. 47s 16 (retro)
om 2011 No. 14s 18
sch s 301 sub 2008 No. 47s 16 (retro)
om 2011 No. 14s 18
sch s 302 om 2011 No. 14s 18
sch div 4 hdg om 2011 No. 14s 18
sch s 303 om 2011 No. 14s 18
sch s 303A ins 2008 No. 47s 17
om 2011 No. 14s 18
sch s 304 amd 2007 No. 21s 64; 2008 No. 47s 18 (retro)
om 2011 No. 14s 18
sch s 304A ins 2002 No. 8s 35
amd 2008 No. 47s 18A (retro)
om 2011 No. 14s 18
sch s 305 om 2011 No. 14s 18
sch s 305A sub 2002 No. 8s 36
amd 2008 No. 47s 18B (retro)
om 2011 No. 14s 18
sch s 305B sub 2002 No. 8s 36
amd 2008 No. 47s 19 (retro)
om 2011 No. 14s 18
sch s 305C ins 2008 No. 47s 20 (retro)
om 2011 No. 14s 18
sch div 4A hdg ins 2008 No. 47s 22
om 2011 No. 14s 18
sch div 4A sdiv A (ss 306–306AD) ins 2008 No. 47s 22
om 2011 No. 14s 18
sch div 4A sdiv B hdg ins 2008 No. 47s 22
om 2011 No. 14s 18
sch s 306AE ins 2008 No. 47s 22
om 2011 No. 14s 18
sch s 306AF ins 2008 No. 47s 22
om 2011 No. 14s 18
sch s 306AG (prev s 306) amd 2008 No. 47s 21(1)
renum and reloc 2008 No. 47s 21(2)
om 2011 No. 14s 18
sch s 306AH ins 2008 No. 47s 22
om 2011 No. 14s 18
sch s 306AI ins 2008 No. 47s 22
om 2011 No. 14s 18
sch div 4A sdiv C hdg ins 2008 No. 47s 22
om 2011 No. 14s 18
sch s 306A ins 2002 No. 8s 37
amd 2008 No. 47s 23 (retro)
om 2011 No. 14s 18
sch s 307 amd 2002 No. 8s 38
sub 2008 No. 47s 24 (retro)
om 2011 No. 14s 18
sch div 5 hdg om 2011 No. 14s 18
sch s 308 amd 2002 No. 8s 39
om 2011 No. 14s 18
sch s 309 om 2011 No. 14s 18
sch s 310 sub 2002 No. 8s 40
om 2011 No. 14s 18
sch s 311 sub 2002 No. 8s 40
om 2011 No. 14s 18
sch s 311A om 2011 No. 14s 18
sch s 313 om 2011 No. 14s 18
sch s 314 om 2011 No. 14s 18
sch div 5A hdg amd 2008 No. 47s 26 (retro)
om 2011 No. 14s 18
sch s 314AA amd 2002 No. 8s 41
om 2011 No. 14s 18
sch s 314AAA ins 2008 No. 47s 27
om 2011 No. 14s 18
sch s 314AB amd 2008 No. 47s 28 (retro)
om 2011 No. 14s 18
sch s 314AC amd 2002 No. 8s 42; 2008 No. 47s 29 (retro)
om 2011 No. 14s 18
sch s 314AD amd 2002 No. 8s 43; 2008 No. 47s 30 (retro)
om 2011 No. 14s 18
sch s 314AE amd 2008 No. 47s 31 (retro)
om 2011 No. 14s 18
sch s 314AEA amd 2008 No. 47s 32 (retro)
om 2011 No. 14s 18
sch s 314AF om 2011 No. 14s 18
sch s 314AG om 2011 No. 14s 18
sch div 6 hdg om 2011 No. 14s 18
sch s 314A amd 2008 No. 47s 33
om 2011 No. 14s 18
sch s 315 amd 2008 No. 47s 34
om 2011 No. 14s 18
sch s 315AA om 2011 No. 14s 18
sch s 315A amd 2008 No. 47s 35
om 2011 No. 14s 18
sch s 316 om 2011 No. 14s 18
sch s 317 amd 2002 No. 8s 44
om 2011 No. 14s 18
sch s 318 om 2011 No. 14s 18
sch s 318A om 2011 No. 14s 18
sch s 319 om 2011 No. 14s 18
sch s 319A om 2011 No. 14s 18
sch s 319B ins 2008 No. 47s 36 (retro)
om 2011 No. 14s 18
sch s 320 amd 2002 No. 8s 45; 2008 No. 47s 37 (retro); 2010 No. 42s 44
om 2011 No. 14s 18
sch s 321 om 2011 No. 14s 18
sch div 7 (ss 322–327) om 2011 No. 14s 18
sch div 8 (ss 328–329) om 2011 No. 14s 18
sch div 9 hdg om 2011 No. 14s 18
sch s 330 om 2011 No. 14s 18
sch s 331 om 2011 No. 14s 18
sch s 332 om 2011 No. 14s 18
sch s 333 amd 2002 No. 8s 46 (amd 2002 No. 34s 74sch 6)
om 2011 No. 14s 18
sch div 10 hdg om 2011 No. 14s 18
sch s 334 om 2011 No. 14s 18
sch s 335 om 2011 No. 14s 18
sch s 336 om 2011 No. 14s 18
sch s 336A ins 2002 No. 8s 47
om 2011 No. 14s 18
sch s 337 om 2011 No. 14s 18
sch s 338 om 2011 No. 14s 18
sch s 339 om 2011 No. 14s 18
sch div 11 (ss 340–347) om 2011 No. 14s 18
sch div 12 (s 348) om 2011 No. 14s 18
sch ins 1994 No. 82s 21
om 2011 No. 14s 18
Schedule 1
Dictionary
section 2
2013–2014 financial year ...
sch 1 def 2013–2014 financial year ins 2015 No. 2s 3 (2)
om from prev s 2 2020 No. 20s 4(1)
6-month period, for part 11, see section 197.
sch 1 def 6-month period ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
agent, for part 11, see section 197.
sch 1 def agent ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
Antarctic elector ...
sch 1 def Antarctic elector reloc 2020 No. 20s 4(7)
om 2020 No. 20s 56sch 1
applicable expenditure cap ...
sch 1 def applicable expenditure cap ins 2011 No. 14s 4(2)
om from prev s 2 2014 No. 32s 4(1) (retro)
appointed commissioner means the chairperson or the nonjudicial appointee.
sch 1 def appointed commissioner amd 2016 No. 20s 6(3); 2019 No. 31s 4(3)
reloc 2020 No. 20s 4(7)
approved form means a form approved under section 389.
sch 1 def approved form ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
associated entity—
(a)
of a registered political party—see section 204(2) and (3); or
(b)
of a candidate in an election—see section 204A(2), (3) and (4).
sch 1 def associated entity ins 2011 No. 14s 4(2)
sub 2020 No. 20s 4(1)–(2)
reloc 2020 No. 20s 4(7)
auditor, for part 11, see section 197.
sch 1 def auditor ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
Australian parliament means the parliament of the Commonwealth or a State or Territory.
sch 1 def Australian parliament reloc 2020 No. 20s 4(7)
authorised officer, for part 11, means a person who holds office under part 11, division 14 as an authorised officer.
sch 1 def authorised officer ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
average number of enrolled electors for electoral districts has the meaning given by section 3.
sch 1 def average number of enrolled electors for electoral districts reloc 2020 No. 20s 4(7)
bank account means an account with a financial institution.
sch 1 def bank account ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
bank statement, for part 11, see section 197.
sch 1 def bank statement ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
broadcast includes televise.
sch 1 def broadcast ins 2002 No. 8s 5(1)
reloc 2020 No. 20s 4(7)
broadcaster means—
(a)
the Australian Broadcasting Corporation established under the Australian Broadcasting Corporation Act 1983 (Cwlth); or
(b)
the Special Broadcasting Service Corporation established under the Special Broadcasting Service Act 1991 (Cwlth), section 5; or
(c)
the holder of a licence under the Broadcasting Services Act 1992 (Cwlth); or
(d)
the provider of a broadcasting service under a class licence under the Broadcasting Services Act 1992 (Cwlth).
sch 1 def broadcaster ins 2002 No. 8s 5(1)
reloc 2020 No. 20s 4(7)
by-election means an election of a member of the Legislative Assembly between general elections.
sch 1 def by-election ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
sub 2020 No. 38s 43
campaign purpose, for incurring electoral expenditure, for part 11, see section 199A.
sch 1 def campaign purpose ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
candidate, in relation to an election—
(a)
means a person who has become a candidate under section 93(3); and
(b)
for part 11, includes—
(i)
an elected member; and
(ii)
an individual, other than an elected member, who has announced, or otherwise publicly indicated, the individual’s intention to be a candidate in the election; and
(iii)
an individual, other than an elected member, who has otherwise indicated the individual’s intention to be a candidate in the election, including, for example, by accepting a gift made to the individual for an electoral purpose.
sch 1 def candidate amd 2001 No. 25s 2sch 1
sub 2011 No. 14s 4(1)–(2)
amd 2014 No. 32s 4(3) (retro); 2020 No. 20s 4(3)
reloc 2020 No. 20s 4(7)
capped expenditure period, for an election, for part 11, division 9, see section 280.
sch 1 def capped expenditure period prev def ins 2011 No. 14s 4(2)
om from prev s 2 2014 No. 32s 4(1) (retro)
pres def ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
certified copy, of an electoral roll, means a copy of the electoral roll certified as a true copy by—
(a)
the electoral commissioner; or
(b)
if the copy of the electoral roll is prepared under an arrangement mentioned in section 62—the Electoral Commissioner under the Commonwealth Electoral Act.
sch 1 def certified copy ins 2019 No. 31s 4(2)
reloc 2020 No. 20s 4(7)
chairperson means the chairperson of the commission.
sch 1 def chairperson reloc 2020 No. 20s 4(7)
chief executive appointee ...
sch 1 def chief executive appointee ins 2016 No. 20s 6(2)
om from prev s 2 2019 No. 31s 4(1)
commission means the Electoral Commission of Queensland.
sch 1 def commission reloc 2020 No. 20s 4(7)
commissioner means a commissioner of the commission.
sch 1 def commissioner reloc 2020 No. 20s 4(7)
Commonwealth Electoral Act means the Commonwealth Electoral Act 1918 (Cwlth).
sch 1 def Commonwealth Electoral Act ins 1994 No. 82s 2sch
reloc 2020 No. 20s 4(7)
Commonwealth electoral roll ...
sch 1 def Commonwealth electoral roll reloc 2020 No. 20s 4(7)
om 2020 No. 20s 56sch 1
complying constitution see section 76.
sch 1 def complying constitution ins 2002 No. 8s 5(1)
reloc 2020 No. 20s 4(7)
consideration, for part 11, see section 197.
sch 1 def consideration ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
continuing candidate, in relation to a counting of votes, means a candidate who has not been excluded at a previous count of votes.
sch 1 def continuing candidate reloc 2020 No. 20s 4(7)
convicted means found guilty, or having a plea of guilty accepted by a court, whether or not a conviction is recorded.
sch 1 def convicted ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
court, for part 11, means a Magistrates Court.
sch 1 def court ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.
sch 1 def CPI ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
cut-off day for electoral rolls means—
(a)
for an election—the day so described in the writ for the election; and
(b)
for a referendum—the day so described in the writ for the referendum.
sch 1 def cut-off day for electoral rolls sub 1997 No. 11s 102sch 2
reloc 2020 No. 20s 4(7)
cut-off day for the nomination of candidates, in relation to an election, means the day so described in the writ for the election.
sch 1 def cut-off day for the nomination of candidates reloc 2020 No. 20s 4(7)
day for the return of a writ means the day so described in the writ.
sch 1 def day for the return of a writ reloc 2020 No. 20s 4(7)
declaration envelope means—
(a)
a declaration envelope under section 121; or
(b)
another envelope on which there is a declaration to be made by an elector for the purposes of this Act.
sch 1 def declaration envelope reloc 2020 No. 20s 4(7)
designated entrance, to grounds on which a pre-poll voting office or ordinary polling booth is located, for part 10, division 2A, see section 185D.
sch 1 def designated entrance ins 2020 No. 20s 59
disclosure period, for an election, for part 11—
(a)
for a candidate in the election—see section 198(1); or
(b)
for a third party to which section 263(1) or 264(1) applies for the election—see section 198(3).
sch 1 def disclosure period ins 2011 No. 14s 4(2)
sub 2019 No. 31s 4(1)–(2)
reloc 2020 No. 20s 4(7)
disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—
(a)
the allotment of shares in a company; and
(b)
the creation of a trust in property; and
(c)
the grant or creation of a lease, mortgage, charge, servitude, licence, power, partnership or interest in property; and
(d)
the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action, or of an interest in property; and
(e)
the exercise by a person of a general power of appointment of property in favour of another person; and
(f)
any transaction entered into by a person with intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person.
sch 1 def disposition of property prev def ins 2011 No. 14s 4(2)
om from prev s 2 2020 No. 20s 4(1)
pres def reloc 2020 No. 20s 7(3)
disqualifying electoral offence means an offence, of which an offender is convicted after the commencement of the Electoral and Other Acts Amendment Act 2002, section 5—
(a)
that relates to—
(i)
an election of a member of an Australian parliament; or
(ii)
an election to the office of chairperson, mayor, president, councillor or member of a local government, or to an equivalent office in another State; or
(iii)
a referendum conducted under a law of the State, another State or the Commonwealth; or
(iv)
the enrolment of a person on an electoral roll; and
(b)
for which the penalty imposed included a sentence of imprisonment, other than a sentence of imprisonment for non-payment of a fine, restitution or other amount.
sch 1 def disqualifying electoral offence ins 2002 No. 8s 5(1)
reloc 2020 No. 20s 4(7)
distribute a how-to-vote card—
(a)
includes make the card available to other persons; but
(b)
does not include merely display the card.
Examples—
1
A person ‘distributes’ how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.
2
A person does not ‘distribute’ how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.
sch 1 def distribute ins 2002 No. 8s 5(1)
reloc 2020 No. 20s 4(7)
document certification requirement see section 360(6).
sch 1 def document certification requirement ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
document production requirement see section 360(2).
sch 1 def document production requirement ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
donation cap, for a registered political party or candidate in an election, for part 11, see section 252.
sch 1 def donation cap ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
donation cap period, for a registered political party or candidate in an election, for part 11, see section 247.
sch 1 def donation cap period ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
donor statement, for part 11, see section 251.
sch 1 def donor statement ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
elected member, for part 11, see section 197.
sch 1 def elected member ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
election means an election of a member or members of the Legislative Assembly.
sch 1 def election reloc 2020 No. 20s 4(7)
election material, for part 11, see section 197.
sch 1 def election material ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
election matter means anything able to, or intended to—
(a)
influence an elector in relation to voting at an election; or
(b)
affect the result of an election.
sch 1 def election matter reloc 2020 No. 20s 4(7)
election period for an election means the period—
(a)
beginning on the day after the writ for the election is issued; and
(b)
ending at 6p.m. on the polling day for the election.
sch 1 def election period reloc 2020 No. 20s 4(7)
election sign, for part 10, division 2A, see section 185B.
sch 1 def election sign ins 2020 No. 20s 59
elector means a person entitled to vote under this Act.
sch 1 def elector reloc 2020 No. 20s 4(7)
electoral expenditure, for part 11, see section 199.
sch 1 def electoral expenditure ins 2011 No. 14s 4(2)
amd 2014 No. 32s 4(4) (retro); 2020 No. 20s 4(4)
reloc 2020 No. 20s 4(7)
electoral matter means a matter relating to elections.
sch 1 def electoral matter reloc 2020 No. 20s 4(7)
electoral paper ...
sch 1 def electoral paper om from prev s 2 2014 No. 32s 4(1) (retro)
electoral purpose means a purpose that relates to an election.
sch 1 def electoral purpose ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
electoral redistribution means a redistribution of the State into electoral districts in accordance with part 3.
sch 1 def electoral redistribution reloc 2020 No. 20s 4(7)
electoral visitor voter has the meaning given by section 114(3).
sch 1 def electoral visitor voter amd 2019 No. 31s 4(4)
reloc 2020 No. 20s 4(7)
electronic document ...
sch 1 def electronic document ins 2011 No. 14s 4(2)
amd 2013 No. 39s 110(1) sch 3pt 1
reloc 2020 No. 20s 4(7)
om 2023 No. 23s 247sch 1s 1
eligible registered political party see section 239.
sch 1 def eligible registered political party ins 2014 No. 32s 4(2) (retro)
reloc 2020 No. 20s 4(7)
exhausted ballot paper ...
sch 1 def exhausted ballot paper om from prev s 2 2016 No. 20s 6(1A)
expert appointee ...
sch 1 def expert appointee ins 2016 No. 20s 6(2)
om from prev s 2 2019 No. 31s 4(1)
financial controller, for part 11, see section 197.
sch 1 def financial controller ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
first preference vote means the number 1 written in a square opposite the name of a candidate on a ballot paper.
sch 1 def first preference vote amd 2016 No. 20s 6(4)
reloc 2020 No. 20s 4(7)
formal ballot paper has the meaning given by section 123(4).
sch 1 def formal ballot paper reloc 2020 No. 20s 4(7)
former owner, for part 11, see section 355(1).
sch 1 def former owner ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
fundraising contribution, for part 11, see section 197.
sch 1 def fundraising contribution ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
general election means an election for the members of the Legislative Assembly.
sch 1 def general election reloc 2020 No. 20s 4(7)
general power, for part 11, see section 342(1).
sch 1 def general power ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
gift, for part 11, see section 197.
sch 1 def gift ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
gifted, for an amount of electoral expenditure incurred, for part 11, see section 200B.
sch 1 def gifted ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
gift threshold amount see section 201A.
sch 1 def gift threshold amount ins 2014 No. 32s 4(2) (retro)
amd 2020 No. 20s 4(5)
reloc 2020 No. 20s 4(7)
grounds, for part 10, division 2A, see section 185A.
sch 1 def grounds ins 2020 No. 20s 59
help requirement see section 343(1).
sch 1 def help requirement ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
how-to-vote card means a card, handbill or pamphlet that—
(a)
is or includes—
(i)
a representation of a ballot paper or part of a ballot paper; or
(ii)
something apparently intended to represent a ballot paper or part of a ballot paper; or
(b)
lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of the candidates; or
(c)
otherwise directs or encourages the making of preference votes, other than first preference votes, in a particular way.
sch 1 def how-to-vote card ins 2002 No. 8s 5(1)
amd 2011 No. 14s 4(3)
reloc 2020 No. 20s 4(7)
identity card, for a provision about authorised officers, means an identity card issued under section 325(1).
sch 1 def identity card ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
illegal election practice ...
sch 1 def illegal election practice reloc 2020 No. 20s 4(7)
om 2020 No. 20s 56sch 1
independent candidate, for an election, for part 11, see section 197.
sch 1 def independent candidate prev def ins 2011 No. 14s 4(2)
om from prev s 2 2014 No. 32s 4(1) (retro)
pres def ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
independent member, for a 6-month period, for part 11, division 5, see section 240(2).
sch 1 def independent member prev def ins 2011 No. 14s 4(2)
om from prev s 2 2012 No. 37s 12
pres def ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
informal ballot paper has the meaning given by section 123(5).
sch 1 def informal ballot paper reloc 2020 No. 20s 4(7)
information notice, about a decision, for part 11, see section 197.
sch 1 def information notice ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
institution means—
(a)
a hospital; or
(b)
a convalescent home; or
(c)
a nursing home; or
(d)
a home for the aged; or
(e)
a hostel for the aged or infirm; or
(g)
another place that is declared by a regulation to be an institution; or
(h)
any part of a place to which paragraphs (a) to (g) apply.
sch 1 def institution amd 2000 No. 63s 276sch 2; 2006 No. 41s 35D
reloc 2020 No. 20s 4(7)
issuing officer means a member of the commission’s staff who is responsible for issuing ballot papers or declaration envelopes under this Act or the Referendums Act 1997 to electors at an election or referendum.
sch 1 def issuing officer sub 1997 No. 11s 102sch 2
reloc 2020 No. 20s 4(7)
journal ...
sch 1 def journal ins 2011 No. 14s 4(2)
om from prev s 2 2020 No. 20s 4(1)
loan, for part 11, see section 197.
sch 1 def loan ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
member of a political party means a person who is a member of the political party or a related political party.
sch 1 def member reloc 2020 No. 20s 4(7)
mobile polling booth has the meaning given by section 99.
sch 1 def mobile polling booth reloc 2020 No. 20s 4(7)
nonjudicial appointee means the commissioner mentioned in section 6(2)(c).
sch 1 def nonjudicial appointee sub 2016 No. 20s 6(1), (2)
sub 2019 No. 31s 4(1)–(2)
reloc 2020 No. 20s 4(7)
normal polling day, for a general election, see the Constitution of Queensland 2001, section 19B(1).
sch 1 def normal polling day ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
notice, for part 11, means a written notice.
sch 1 def notice ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
occupier, of a place, for part 11, includes the following—
(a)
if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b)
any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c)
if no-one apparently occupies the place—any person who is an owner of the place.
sch 1 def occupier ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
of, a place, for part 11, includes at or on the place.
sch 1 def of ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
offence warning, for a direction or requirement by an authorised officer, for part 11, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.
sch 1 def offence warning ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
official sign, for part 10, division 2A, see section 185A.
sch 1 def official sign ins 2020 No. 20s 59
ordinary general election see the Constitution of Queensland 2001, section 19A.
sch 1 def ordinary general election ins 2019 No. 31s 4(2)
reloc 2020 No. 20s 4(7)
ordinary polling booth has the meaning given by section 99.
sch 1 def ordinary polling booth reloc 2020 No. 20s 4(7)
ordinary postal voter see section 119(2).
sch 1 def ordinary postal voter sub 2014 No. 32s 4(1)–(2) (retro)
sub 2019 No. 31s 4(1)–(2)
reloc 2020 No. 20s 4(7)
ordinary vote means a vote that is not a declaration vote.
Note—
Part 7, division 5, subdivision 3 is about the meaning and operation of declaration voting.
sch 1 def ordinary vote ins 1994 No. 82s 3
reloc 2020 No. 20s 4(7)
ordinary voting hours means voting hours in relation to ordinary polling booths.
sch 1 def ordinary voting hours reloc 2020 No. 20s 4(7)
owner, of a thing that has been seized under part 11, includes a person who would be entitled to possession of the thing had it not been seized.
sch 1 def owner ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
parliament of a Territory means the legislature of the Territory.
sch 1 def parliament reloc 2020 No. 20s 4(7)
parliamentary committee means—
(a)
if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or
(b)
if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the Electoral Commission of Queensland—that committee; or
(c)
otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.
sch 1 def parliamentary committee ins 1995 No. 38s 35sch 1
amd 2009 No. 7s 16sch
sub 2011 No. 15s 54
reloc 2020 No. 20s 4(7)
parliamentary party means a political party of which at least 1 member is a member of an Australian parliament.
sch 1 def parliamentary party reloc 2020 No. 20s 4(7)
participant, in an election—
(a)
for part 11, generally—see section 197A; or
(b)
for part 11, division 12A—see section 305.
sch 1 def participant ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
payment direction, for part 11, see section 227.
sch 1 def payment direction ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
personal details requirement, for part 11, see section 358(5).
sch 1 def personal details requirement ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
person in control, for part 11—
(a)
of a vehicle, includes—
(i)
the vehicle’s driver or rider; and
(ii)
anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or
(b)
of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.
sch 1 def person in control ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
place, for part 11, includes the following—
(a)
premises;
(b)
vacant land;
(c)
a place in Queensland waters;
(d)
a place held under more than 1 title or by more than 1 owner;
(e)
the land or water where a building or structure, or a group of buildings or structures, is situated.
sch 1 def place ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
policy development payment see section 197.
sch 1 def policy development payment ins 2014 No. 32s 4(2) (retro)
reloc 2020 No. 20s 4(7)
political donation—
(a)
for part 11 generally—see section 250; or
(b)
for part 11, division 8, subdivision 4—see section 274.
sch 1 def political donation prev def ins 2011 No. 14s 4(2)
om from prev s 2 2014 No. 32s 4(1) (retro)
pres def ins 2018 No. 9s 10
sub 2020 No. 20s 4(1)–(2)
reloc 2020 No. 20s 4(7)
political party means an organisation whose object, or 1 of whose objects, is the promotion of the election to the Legislative Assembly of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part.
sch 1 def political party amd 2002 No. 8s 5(2)
reloc 2020 No. 20s 4(7)
polling booth means an ordinary polling booth, a mobile polling booth or a pre-poll voting office.
sch 1 def polling booth amd 2014 No. 32s 4(5) (retro)
reloc 2020 No. 20s 4(7)
polling day, in relation to an election, means the day so described in the writ for the election.
sch 1 def polling day reloc 2020 No. 20s 4(7)
polling place means—
(a)
a polling booth; or
(b)
another place where voting takes place.
sch 1 def polling place reloc 2020 No. 20s 4(7)
portfolio area see the Parliament of Queensland Act 2001, schedule.
sch 1 def portfolio area ins 2011 No. 15s 54(2)
reloc 2020 No. 20s 4(7)
portfolio committee see the Parliament of Queensland Act 2001, schedule.
sch 1 def portfolio committee ins 2011 No. 15s 54(2)
reloc 2020 No. 20s 4(7)
postal voter means an elector who is—
(a)
an ordinary postal voter; or
(b)
a special postal voter.
sch 1 def postal voter reloc 2020 No. 20s 4(7)
premises, for part 11, includes—
(a)
a building or other structure; and
(b)
a part of a building or other structure; and
(c)
a caravan or vehicle; and
(d)
a cave or tent; and
(e)
premises held under more than 1 title or by more than 1 owner.
sch 1 def premises ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
pre-poll ordinary vote see section 110(2).
sch 1 def pre-poll ordinary vote ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
pre-poll voting office see section 99A(1)(a).
sch 1 def pre-poll voting office ins 2011 No. 14s 4(2)
sub 2019 No. 31s 4(1)–(2)
reloc 2020 No. 20s 4(7)
prescribed matter, for part 11, division 12A, see section 305AA.
sch 1 def prescribed matter ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
preselection ballot—
(a)
means the process, or that part of the process, of selecting a candidate to be endorsed by a political party for an election, or an election for a local government, in which a member of the party votes in a ballot in his or her capacity as a member of the party, rather than as a member of a committee (however called) of the party, for the candidate; and
(b)
includes matters preparatory to the ballot and the scrutiny and counting of votes in the ballot.
Example—
If the selection of a candidate involves a poll of the party members and the endorsement of the poll result by a party committee, only the poll is a preselection ballot.
sch 1 def preselection ballot ins 2002 No. 8s 5(1)
reloc 2020 No. 20s 4(7)
primary election, for a pre-poll voting office or ordinary polling booth, for part 10, division 2A, see section 185E.
sch 1 def primary election ins 2020 No. 20s 59
prohibited donor, for part 11, division 8, subdivision 4, see section 273.
sch 1 def prohibited donor ins 2018 No. 9s 10
reloc 2020 No. 20s 4(7)
proof of identity document ...
sch 1 def proof of identity document ins 2014 No. 32s 4(2) (retro)
om from prev s 2 2015 No 2 s 3(1)
publicly available part, of an electoral roll, means the part of an electoral roll that does not contain—
(a)
the address of a silent elector; and
(b)
information of a kind prescribed by regulation to be restricted information.
sch 1 def publicly available part ins 2019 No. 31s 4(2)
reloc 2020 No. 20s 4(7)
publicly available part of an electoral roll ...
sch 1 def publicly available part of an electoral roll om from prev s 2 2019 No. 31s 4(1)
public place, for part 11, means—
(a)
a place, or part of the place—
(i)
the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under subparagraph (i)—
a beach, a park, a road
(ii)
the occupier of which allows, whether or not on payment of money, members of the public to enter; or
Examples of a place that may be a public place under subparagraph (ii)—
a saleyard, a showground
(b)
a place that is a public place under another Act.
sch 1 def public place ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
Queensland parliamentary party means a parliamentary party of which at least 1 member is a member of the Legislative Assembly.
sch 1 def Queensland parliamentary party reloc 2020 No. 20s 4(7)
reasonably believes, for part 11, means believes on grounds that are reasonable in the circumstances.
sch 1 def reasonably believes ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
reasonably suspects, for part 11, means suspects on grounds that are reasonable in the circumstances.
sch 1 def reasonably suspects ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
referendum means a referendum under the Referendums Act 1997.
sch 1 def referendum ins 1997 No. 11s 102sch 2
reloc 2020 No. 20s 4(7)
registered, for a third party in relation to an election, for part 11, see section 197.
sch 1 def registered ins 2011 No. 14s 4(2)
sub 2020 No. 20s 4(1)–(2)
reloc 2020 No. 20s 4(7)
registered industrial organisation ...
sch 1 def registered industrial organisation ins 2011 No. 14s 4(2)
om from prev s 2 2014 No. 32s 4(1) (retro)
registered officer of a registered political party means the person shown in the register of political parties as the party’s registered officer, and includes a person nominated under section 74 as deputy of a party’s registered officer.
sch 1 def registered officer amd 1997 No. 10s 4
reloc 2020 No. 20s 4(7)
registered political party means a political party that is registered in the register of political parties.
sch 1 def registered political party reloc 2020 No. 20s 4(7)
registered third party ...
sch 1 def registered third party ins 2011 No. 14s 4(2)
om from prev s 2 2014 No. 32s 4(1) (retro)
register of agents, for part 11, see section 197.
sch 1 def register of agents ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
register of candidates means the register kept under section 101.
sch 1 def register of candidates reloc 2020 No. 20s 4(7)
register of political parties means the register kept under section 70.
sch 1 def register of political parties reloc 2020 No. 20s 4(7)
register of special postal voters means the register kept under section 68.
sch 1 def register of special postal voters ins 1996 No. 79s 38
reloc 2020 No. 20s 4(7)
register of third parties, for part 11, see section 197.
sch 1 def register of third parties ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
registrable political party means a political party that—
(a)
either—
(i)
is a parliamentary party; or
(ii)
has at least 500 members who are electors; and
(b)
is established on the basis of a written constitution (however described) that sets out the aims of the party.
sch 1 def registrable political party reloc 2020 No. 20s 4(7)
related political party has the meaning given by section 5.
sch 1 def related political party reloc 2020 No. 20s 4(7)
relevant election ...
sch 1 def relevant election ins 2015 No. 2s 3(2)
om from prev s 2 2020 No. 20s 4(1)
relevant particulars see section 197.
sch 1 def relevant particulars ins 2014 No. 32s 4(2) (retro)
reloc 2020 No. 20s 4(7)
reporting period, for part 11, see section 197.
sch 1 def reporting period prev def ins 2011 No. 14s 4(2)
om from prev s 2 2014 No. 32s 4(1) (retro)
pres def ins 2015 No. 2s 3(2)
reloc 2020 No. 20s 4(7)
restricted signage area, for a pre-poll voting office or ordinary polling booth, for part 10, division 2A, see section 185C.
sch 1 def restricted signage area ins 2020 No. 20s 59
scrutineer means a person appointed under section 104.
sch 1 def scrutineer reloc 2020 No. 20s 4(7)
secretary of a political party means the person who holds the office (however described) whose duties involve responsibility for carrying out the administration, and dealing with the external correspondence, of the party.
sch 1 def secretary reloc 2020 No. 20s 4(7)
senior electoral officer means the electoral commissioner or the deputy electoral commissioner.
sch 1 def senior electoral officer reloc 2020 No. 20s 4(7)
silent elector means an elector—
(a)
to whom section 58(5) applies; or
(b)
whose address has been excluded from the electoral roll under an arrangement under section 62 because of the Commonwealth Electoral Act, section 104.
sch 1 def silent elector ins 2019 No. 31s 4(2)
reloc 2020 No. 20s 4(7)
source, for part 11—
(a)
of a gift—see section 205A(1); or
(b)
of a loan—see section 205A(2).
sch 1 def source ins 2019 No. 31s 4(2)
sub 2020 No. 20s 4(1)–(2)
reloc 2020 No. 20s 4(7)
special postal voter see section 114(2).
sch 1 def special postal voter sub 2019 No. 31s 4(1)–(2)
reloc 2020 No. 20s 4(7)
special reporting period ...
sch 1 def special reporting period ins 2015 No. 2s 3(2)
om from prev s 2 2020 No. 20s 4(1)
spoilt ballot paper see section 123A(1)(a)(i) and 123B(1)(b).
sch 1 def spoilt ballot paper ins 2019 No. 31s 4(2)
reloc 2020 No. 20s 4(7)
standing rules and orders see the Parliament of Queensland Act 2001, schedule.
sch 1 def standing rules and orders ins 2011 No. 15s 54(2)
reloc 2020 No. 20s 4(7)
State campaign account, of a participant in an election, for part 11, see section 215.
sch 1 def State campaign account ins 2020 No. 20s 4(2)
reloc 2020 No. 20s 4(7)
third party see section 197.
sch 1 def third party ins 2011 No. 14s 4(2)
amd 2020 No. 20s 4(5A)
reloc 2020 No. 20s 4(7)
vehicle, for part 11—
(a)
means a vehicle under the Transport Operations (Road Use Management) Act 1995; and
(b)
includes a vessel under that Act.
sch 1 def vehicle ins 2011 No. 14s 4(2)
reloc 2020 No. 20s 4(7)
voting compartment means a compartment in a polling place where electors may vote in private.
sch 1 def voting compartment reloc 2020 No. 20s 4(7)
voting hours of a polling place means the hours during which electors may enter the polling place.
sch 1 def voting hours reloc 2020 No. 20s 4(7)
sch 1 ins 2020 No. 20s 53
Note—definitions for this Act were originally located in s 2.