Local Government Electoral Act 2011


Queensland Crest
Local Government Electoral Act 2011
Queensland Local Government Electoral Act 2011 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . The point-in-time date for this indicative reprint is the introduction date for the Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018—6 March 2018. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.
© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland Local Government Electoral Act 2011 Contents Part 1 1 2 3 4 5 6 7 Part 2 Division 1 8 Division 2 9 10 11 12 13 14 15 16 Part 3 Division 1 17 18 19 20 21 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Particular references in this Act . . . . . . . . . . . . . . . . . . . . . . . . . . 12 References to divisions includes wards . . . . . . . . . . . . . . . . . . . 12 Meaning of conclusion of local government election . . . . . . . . . . 13 Administration Electoral commission Additional functions and powers of electoral commission . . . . . . 14 Electoral officers for local government elections Returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Membership of a political party ends particular appointments . . 16 Obligation to notify of membership of a political party . . . . . . . . . 16 Returning officer may act through other officers . . . . . . . . . . . . . 16 Assistant returning officer may act through other officers . . . . . . 17 Voters rolls and register of special postal voters Voters rolls Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . 18 When voters roll must be compiled . . . . . . . . . . . . . . . . . . . . . . . 18 Requirements of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Inspection of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Supply of voters roll to candidates . . . . . . . . . . . . . . . . . . . . . . . 19
Local Government Electoral Act 2011 Contents Not authorised —indicative only Division 2 21A Part 4 Division 1 22 23 24 Division 2 Subdivision 1 25 26 27 28 29 30 32 33 34 35 36 37 38 Subdivision 2 39 40 Subdivision 3 41 42 43 Division 3 Subdivision 1 44 45 Subdivision 2 46 47 Page 2 Register of special postal voters Electoral commission to keep register of special postal voters . . Local government elections Local government elections Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of quadrennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of by-elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Candidates for local government elections Nominations of candidates Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may be nominated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making and certification of nomination . . . . . . . . . . . . . . . . . . . . Grounds for deciding a person is not properly nominated . . . . . . Effect of multiple nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . Withdrawal of consent to nomination . . . . . . . . . . . . . . . . . . . . . Announcement of nominations . . . . . . . . . . . . . . . . . . . . . . . . . . Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure if number of candidates not more than number required Procedure if number of candidates exceeds number required . . Procedure on death of candidate when poll to be conducted . . . If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deposits accompanying nomination Deposit to accompany nomination . . . . . . . . . . . . . . . . . . . . . . . Disposal of deposits generally . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording of membership and agents for group of candidates Record of membership in group of candidates . . . . . . . . . . . . . . Appointment of agent for group of candidates . . . . . . . . . . . . . . Register of group agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrangements for local government elections Polls by ballots Poll by ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction that poll be conducted by postal ballot . . . . . . . . . . . . . Polling booths Kinds of polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Polling booths—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 21 21 22 22 23 25 27 27 27 28 28 29 30 31 31 32 32 33 34 34 35 35 36 37
Not authorised —indicative only Local Government Electoral Act 2011 Contents 48 49 50 51 52 53 Subdivision 3 54 55 56 57 58 Subdivision 4 59 Subdivision 5 63 Division 4 64 Division 5 Subdivision 1 65 66 Subdivision 2 67 68 69 70 72 73 74 75 Subdivision 2A 75A 75B Provision of ordinary polling booths . . . . . . . . . . . . . . . . . . . . . . 38 Declaration of mobile polling booths . . . . . . . . . . . . . . . . . . . . . . 38 Declaration of pre-polling booths . . . . . . . . . . . . . . . . . . . . . . . . . 40 Duty of person in charge of institution . . . . . . . . . . . . . . . . . . . . . 40 Privacy for electors casting votes at polling booths . . . . . . . . . . . 41 Adjournment of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Ballot boxes, ballot papers and other documents Ballot boxes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Ballot papers for separate polls . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Order of candidates’ names on ballot papers . . . . . . . . . . . . . . . 43 Distribution of ballot papers and voters roll . . . . . . . . . . . . . . . . . 44 Scrutineers Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Errors, omissions or delays Correction of errors, omissions or delays . . . . . . . . . . . . . . . . . . 47 Who may vote Who may vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 How voting takes place System of voting System of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Casting votes Ways in which to cast votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Who may cast votes in particular ways . . . . . . . . . . . . . . . . . . . . 49 Who must complete a declaration envelope . . . . . . . . . . . . . . . . 51 Casting an ordinary vote or pre-poll vote . . . . . . . . . . . . . . . . . . 52 Casting a postal vote by elector other than special postal voter . 53 Voting hours for polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Particular responsibilities of returning officer when electors cast postal votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Particular responsibilities of issuing officers when electors cast ordinary or pre-poll votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Electronically assisted voting Prescribed procedures for electronically assisted voting . . . . . . 56 Audit of electronically assisted voting for an election . . . . . . . . . 57 Page 3
Not authorised —indicative only Local Government Electoral Act 2011 Contents 75C 75D 75E Subdivision 3 76 77 78 Subdivision 4 79 80 81 82 Subdivision 5 83 84 85 Division 6 86 87 88 Division 7 Subdivision 1 89 91 Subdivision 2 92 93 Subdivision 3 95 96 96A Subdivision 4 Protection of information technology . . . . . . . . . . . . . . . . . . . . . . 57 Electoral commissioner may decide electronically assisted voting is not to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Review of electronically assisted voting . . . . . . . . . . . . . . . . . . . 58 Special arrangements for particular electors Arrangements for electors at hospitals etc. . . . . . . . . . . . . . . . . . 59 Arrangements for electoral visitor voting . . . . . . . . . . . . . . . . . . . 60 Help for electors voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Distribution of ballot papers Applications to cast postal votes in local government elections that are not postal ballot elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Distribution of ballot papers to electors for postal ballot elections 63 Applications to cast postal votes in postal ballot elections . . . . . 64 Distribution of ballot papers to particular electors whose address has been omitted from electoral roll and to special postal voters . . . 65 Recording a vote on ballot papers How electors must record a vote on a ballot paper—optional-preferential voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 How electors must record a vote on a ballot paper—first-past-the-post voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Replacement ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Formal and informal votes Formal and informal ballot papers—optional-preferential voting . 69 Formal and informal ballot papers—first-past-the-post voting . . . 70 Ballot paper partly formal and partly informal . . . . . . . . . . . . . . . 71 Counting of votes Processing declaration envelopes Preliminary processing of declaration envelopes . . . . . . . . . . . . 71 Procedure for processing declaration envelopes . . . . . . . . . . . . 72 Preliminary counts Preliminary counting of ordinary votes . . . . . . . . . . . . . . . . . . . . 73 Objections by scrutineers during preliminary count . . . . . . . . . . . 75 Official count Official counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Objections by scrutineers during official count . . . . . . . . . . . . . . 78 Re-counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Deciding results of local government elections Page 4
Local Government Electoral Act 2011 Contents Not authorised —indicative only 97 98 99 Division 8 100 101 102 103 104 Part 5 105 Part 6 Division 1 106 107 108 109 110 111 112 Division 1A 113 113A 113B 113C 113D 113E 113F 113G Division 2 Subdivision 1 114 115 Subdivision 2 116 Counting of votes for optional-preferential system . . . . . . . . . . . 79 Counting of votes for first-past-the-post system . . . . . . . . . . . . . 81 Returning officer’s duty after counting votes . . . . . . . . . . . . . . . . 83 Notifying the results of local government elections etc. Notifying the results of an election . . . . . . . . . . . . . . . . . . . . . . . 84 Notice of results of poll to candidates . . . . . . . . . . . . . . . . . . . . . 84 Storage and disposal of material resulting from election . . . . . . . 85 Notice to electors whose ballot papers are not accepted . . . . . . 85 Notice to electoral commission of error in electoral roll . . . . . . . . 86 Fresh elections Arrangements for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . 86 Electoral funding and financial disclosure Preliminary Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Meaning of gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Meaning of value of gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Meaning of relevant details for gifts . . . . . . . . . . . . . . . . . . . . . . . 90 References to candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Agents and campaign committees . . . . . . . . . . . . . . . . . . . . . . . 91 Related corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Political donations from property developers Meaning of prohibited donor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Meaning of political donation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Political donations by prohibited donors . . . . . . . . . . . . . . . . . . . 97 Recovery of prohibited donations . . . . . . . . . . . . . . . . . . . . . . . . 97 Making of determination that entity is not a prohibited donor . . . 99 Revocation of determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Register of determinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Disclosure periods Disclosure period for candidates Disclosure period for candidates who were previously candidates in a local government election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Disclosure period—other candidates . . . . . . . . . . . . . . . . . . . . . 101 Disclosure period for groups of candidates Disclosure period for groups of candidates . . . . . . . . . . . . . . . . . 102 Page 5
Not authorised —indicative only Local Government Electoral Act 2011 Contents Division 3 117 118 119 120 121 122 Division 4 123 124 125 Division 5 126 127 Division 6 128 129 130 Division 6A 130A Division 7 131 132 132A 133 134 Part 7 Division 1 136 137 138 139 140 141 Disclosure by candidates Gifts to candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Gifts to groups of candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Particular gifts not to be received . . . . . . . . . . . . . . . . . . . . . . . . 105 Loans to candidates or groups of candidates . . . . . . . . . . . . . . . 107 Particular loans not to be received . . . . . . . . . . . . . . . . . . . . . . . 108 Electoral commission to give reminder notice to candidates . . . . 110 Disclosure by third parties Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Third party expenditure for political activity . . . . . . . . . . . . . . . . . 111 Gifts received by third parties to enable expenditure for political activity 113 Operation of accounts Requirement for candidate to operate dedicated account . . . . . . 114 Requirement for group of candidates to operate dedicated account 115 Gifts register Register of gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Access to gifts register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Queries on contents of gifts register . . . . . . . . . . . . . . . . . . . . . . 117 Authorised officers under pt 6 Functions and powers of authorised officers etc. . . . . . . . . . . . . 118 Miscellaneous Inability to complete returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Amendment of returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Electronic lodgement of returns . . . . . . . . . . . . . . . . . . . . . . . . . 121 Things taken to be done by political party . . . . . . . . . . . . . . . . . . 122 Noncompliance with part does not affect election . . . . . . . . . . . . 122 Disputed results Disputing local government elections Local government election may be disputed under this part . . . . 123 Who may dispute an election . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Requirements for an application to be effective . . . . . . . . . . . . . 123 Copies of application to be given to elected candidate and electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Application to court for order relating to documents etc. . . . . . . . 124 Parties to application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Page 6
142 143 144 145 146 147 148 149 150 Division 2 151 152 153 154 155 156 157 Part 8 158 159 161 162 163 Part 9 Division 1 165 166 168 Division 2 169 170 171 172 173 Local Government Electoral Act 2011 Contents How application is to be dealt with by the court . . . . . . . . . . . . . 125 Application for dismissal of application disputing election . . . . . . 126 Powers of the court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Restrictions on particular orders . . . . . . . . . . . . . . . . . . . . . . . . . 127 Restriction on particular evidence and inquiries . . . . . . . . . . . . . 128 Copy of final court orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Decisions and orders to be final . . . . . . . . . . . . . . . . . . . . . . . . . 129 Right of electoral commission and returning officer to have access to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Appeals Appeal to Court of Appeal on question of law . . . . . . . . . . . . . . . 129 Time for appealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Electoral commission is a party to appeal . . . . . . . . . . . . . . . . . . 129 How appeal is dealt with by Court of Appeal . . . . . . . . . . . . . . . . 130 Application for dismissal of appeal . . . . . . . . . . . . . . . . . . . . . . . 130 Copy of final court orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Right of electoral commission and returning officer to have access to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Legal provisions Decisions not subject to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Postal vote presumed valid until contrary proved . . . . . . . . . . . . 131 Ballot papers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Allegations of false or misleading information or document . . . . 132 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Enforcement Failure to vote Notice about failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Corrupt and improper practices affecting local government elections False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 136 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Assisting illegal payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Improperly influencing electoral officers . . . . . . . . . . . . . . . . . . . 137 Obstructing persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Page 7 Not authorised —indicative only
Local Government Electoral Act 2011 Contents Not authorised —indicative only 174 175 176 176A Division 3 177 178 179 180 181 182 183 Division 4 184 185 186 187 188 189 190 191 192 193 194 Division 5 194A 194B 194C 195 196 197 198 Division 6 199 Division 7 Obstructing electoral officers etc. . . . . . . . . . . . . . . . . . . . . . . . . 138 Forged electoral papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Wilful neglect etc. of electoral officers . . . . . . . . . . . . . . . . . . . . . 138 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Offences relating to electoral advertising Author of election material must be named . . . . . . . . . . . . . . . . . 139 Distribution of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . 140 Giving of how-to-vote cards to electoral commission . . . . . . . . . 142 Unauthorised how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . 144 Headline to electoral advertisements . . . . . . . . . . . . . . . . . . . . . 144 Misleading electors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Offence for group of candidates to advertise or fundraise if particular requirements not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Offences relating to voting Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Canvassing in or near polling booths . . . . . . . . . . . . . . . . . . . . . 148 Influencing voting by violence or intimidation . . . . . . . . . . . . . . . 148 Party badges not to be worn in polling booths . . . . . . . . . . . . . . 149 Displaying political statements around polling booths . . . . . . . . . 149 Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Offences about ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Failure to post, fax or deliver documents for someone else . . . . 150 Secrecy of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Breaking seals on parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Duty of witness in signing declaration envelopes . . . . . . . . . . . . 151 Offences relating to electoral funding and financial disclosure Offence about prohibited donations . . . . . . . . . . . . . . . . . . . . . . 152 Schemes to circumvent prohibition on particular political donations 152 False or misleading information relating to determinations . . . . . 153 Offences about returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Obtaining information for returns . . . . . . . . . . . . . . . . . . . . . . . . . 155 Further information for incomplete returns . . . . . . . . . . . . . . . . . 156 Attempts Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Injunctions Page 8
Not authorised —indicative only 200 Part 10 201 201A 202 203 204 205 206 207 208 Part 11 Division 1 210 Division 2 211 Division 3 212 Schedule Local Government Electoral Act 2011 Contents Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Miscellaneous Designated election offences and application of Criminal Code . 158 Proceedings for particular indictable offences . . . . . . . . . . . . . . . 159 Local governments responsible for expenditure incurred by electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Leave to local government employee to contest local government election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Persons serving a sentence of imprisonment . . . . . . . . . . . . . . . 161 Office of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Transitional provisions Transitional provision inserted under Sustainable Planning and Other Legislation Amendment Act 2012 Cut-off day for compiling voters roll for quadrennial election for 2012 163 Transitional provision for Local Government and Other Legislation Amendment Act 2015 By-elections and fresh elections . . . . . . . . . . . . . . . . . . . . . . . . . 163 Transitional provision for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018 Obligation to repay particular political donations . . . . . . . . . . . . . 164 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Page 9
Not authorised— indicative only
Not authorised —indicative only Local Government Electoral Act 2011 Part 1 Preliminary [s 1] Local Government Electoral Act 2011 Part 1 Preliminary 1 Short title This Act may be cited as the Local Government Electoral Act 2011 . 2 Commencement (1) Part 12, division 4, other than sections 224, 228 and 236, commences on 1 September 2011. (2) The following provisions commence on a day to be fixed by proclamation— part 12, divisions 2, 3, 11, 12, 14 and 16 sections 315 and 342. 3 Purposes of Act The purposes of this Act are to— (a) ensure the transparent conduct of elections of councillors of Queensland’s local governments; and (b) ensure and reinforce integrity in Queensland’s local governments, including, for example, by minimising the risk of corruption in relation to— (i) the election of councillors; and (ii) the good governance of, and by, local government. 4 Definitions The dictionary in the schedule defines particular words used in this Act. Current as at [Not applicable] Page 11
Not authorised —indicative only Local Government Electoral Act 2011 Part 1 Preliminary [s 5] 5 Particular references in this Act In a provision of this Act about an election— (a) a reference to the returning officer is a reference to the returning officer for the election; and (b) a reference to an assistant returning officer is a reference to an assistant returning officer for the election; and (c) a reference to an issuing officer is a reference to an issuing officer for the election; and (d) a reference to polling day is a reference to polling day for the election; and (e) a reference to the nomination day is a reference to the nomination day for the election; and (f) a reference to a ballot paper is a reference to a ballot paper for the election; and (g) a reference to a candidate is a reference to a candidate for the election; and (h) a reference to a nominee is a reference to a nominee for the election; and (i) a reference to the mayor or another councillor is a reference to the mayor or other councillor of the local government for which the election is held; and (j) a reference to a local government is a reference to the local government for which the election is held. 6 References to divisions includes wards (1) In a provision of this Act, a reference to a division of a local government area includes a reference to a ward of Brisbane. (2) In this section— ward , of Brisbane, means one of 26 divisions of the local government area of the Brisbane City Council established for the election of councillors or a councillor. Page 12 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 1 Preliminary [s 7] 7 Meaning of conclusion of local government election (1) The conclusion of the election of a councillor is— (a) if the councillor is elected at an election of all councillors of the local government—the day on which the last declaration of a poll conducted in the election is displayed at the office of the returning officer under section 100(2)(a); or (b) if the councillor is elected at a by-election and— (i) a poll is conducted—the day on which the declaration of the poll is displayed at the office of the returning officer under section 100(2)(a); or (ii) a poll is not conducted—the day after the nomination day for the by-election; or (c) if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and— (i) 1 or more polls are conducted in the local government area—the day on which the last declaration of a poll conducted in the local government area is displayed at the office of the returning officer under section 100(2)(a); or (ii) no poll is conducted in the local government area—6p.m. on the day that a poll would otherwise have been required to be conducted under this Act. (2) In this section— declaration , of a poll, means the declaration by the electoral commission of the result of the poll under section 100(1). Current as at [Not applicable] Page 13
Not authorised —indicative only Local Government Electoral Act 2011 Part 2 Administration [s 8] Part 2 Administration Division 1 Electoral commission 8 Additional functions and powers of electoral commission For the purpose of this Act, the functions of the electoral commission include conducting quadrennial elections, by-elections or fresh elections for local governments. Division 2 Electoral officers for local government elections 9 Returning officers (1) The returning officer for an election is responsible for the proper conduct of the election. (2) The electoral commission may appoint a person as the returning officer for an election. (3) A person must not be appointed under subsection (2) if the person is— (a) a minor; or (b) a member of a political party; or (c) the chief executive officer of the local government for which the election is to be held. (4) Despite subsection (3)(c), the electoral commission may appoint the chief executive officer of the local government as the returning officer if— (a) the chief executive officer is not a member of a political party; and (b) the electoral commission considers the chief executive officer is the only person with experience in conducting Page 14 Current as at [Not applicable]
Local Government Electoral Act 2011 Part 2 Administration [s 10] elections who is reasonably available to be appointed as the returning officer. (5) The returning officer must comply with a direction given by the electoral commission for the proper conduct of the election. Not authorised —indicative only 10 Assistant returning officers (1) An assistant returning officer is responsible for helping the returning officer in performing the returning officer’s responsibilities under this Act. (2) The electoral commission may appoint a person as an assistant returning officer for an election. (3) A person must not be appointed under subsection (2) if the person is— (a) a minor; or (b) a member of a political party. (4) The electoral commission may appoint 1 or more assistant returning officers for an election. 11 Presiding officers (1) A presiding officer at a polling booth is responsible for the proper conduct of a poll at the polling booth and for carrying out the other duties for an election that are required by the returning officer. (2) The returning officer— (a) may be presiding officer at a polling booth; and (b) must appoint a person as presiding officer at each polling booth other than the booth at which the returning officer is the presiding officer. (3) If a person can not act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer’s approval, may appoint another person as presiding officer at the booth while the person can not act. Current as at [Not applicable] Page 15
Local Government Electoral Act 2011 Part 2 Administration [s 12] (4) An appointment under subsection (2) or (3) must be in the approved form. Not authorised —indicative only 12 Issuing officers (1) An issuing officer is responsible for— (a) giving ballot papers and declaration envelopes to electors; and (b) performing the other duties for an election that are required by the returning officer. (2) An issuing officer must be a member of the staff of the electoral commission mentioned in the Electoral Act 1992 , section 29. 13 Membership of a political party ends particular appointments (1) A person’s appointment as a returning officer or assistant returning officer ends if the person becomes a member of a political party. (2) Subsection (1) does not limit the ways in which a person’s appointment as a returning officer or assistant returning officer may end. 14 Obligation to notify of membership of a political party A returning officer or assistant returning officer must immediately notify the electoral commission if the officer becomes a member of a political party, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. 15 Returning officer may act through other officers If— (a) the returning officer may, under this Act, do a thing; and Page 16 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 2 Administration [s 16] (b) the returning officer authorises an assistant returning officer, presiding officer or issuing officer to do the thing; and (c) the assistant returning officer, presiding officer or issuing officer does the thing; the thing is taken to have been done by the returning officer. Examples— 1 For an election, if the returning officer authorises an assistant returning officer to conduct the election in a division, and the assistant returning officer does so, the returning officer is taken to have conducted the election in the division. 2 For an election, if the returning officer authorises an assistant returning officer to carry out the functions of the returning officer under section 95, and the assistant returning officer carries out the functions, the returning officer is taken to have carried out the functions. 3 Under section 72, declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box. 16 Assistant returning officer may act through other officers If— (a) an assistant returning officer may, under this Act, do a thing; and (b) the assistant returning officer authorises a presiding officer or an issuing officer to do the thing; and (c) the presiding officer or the issuing officer does the thing; the thing is taken to have been done by the assistant returning officer. Current as at [Not applicable] Page 17
Not authorised —indicative only Local Government Electoral Act 2011 Part 3 Voters rolls and register of special postal voters [s 17] Part 3 Voters rolls and register of special postal voters Division 1 Voters rolls 17 Returning officer must compile voters roll (1) The returning officer for an election must compile a roll of persons entitled to vote at the election (the voters roll ). (2) The voters roll must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included— (a) for an election for all of a local government’s area—in the area; or (b) for an election for a division of a local government’s area—in the division. (3) An electoral registrar under the Electoral Act 1992 must give the returning officer the assistance the officer reasonably requires to compile a voters roll for an election. 18 When voters roll must be compiled (1) A voters roll for a quadrennial election or fresh election must be compiled at least 5 days, but not more than 7 days, after the publication in a newspaper, under section 25(1), of notice of the day of the election. (2) However, a regulation may fix a different day for compiling the voters roll for a particular election. (3) A voters roll for a by-election must be compiled at least 5 days, but not more than 7 days, after the publication in a newspaper, under section 24(3), of notice of the day of the by-election. Page 18 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 3 Voters rolls and register of special postal voters [s 19] 19 Requirements of voters roll (1) A voters roll for an election must— (a) show the names of all persons entitled to vote at the election; and (b) be in the form of the electoral roll used for elections of the Legislative Assembly. (2) The voters roll must not include an elector’s address that, under the Electoral Act 1992 , is excluded from the publicly available part of an electoral roll. 20 Inspection of voters roll (1) The electoral commission must ensure the most recent version of all voters rolls is available for inspection by members of the public at the commission’s public office. (2) The electoral commission may also make available, for inspection by any person, a copy of the most recent version of a voters roll at any place that the commission considers appropriate. 21 Supply of voters roll to candidates (1) If a poll is to be conducted in an election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day. (2) The electoral commission may decide the format in which the voters roll is given to the candidates and direct the returning officer to give the voters roll that format. Division 2 Register of special postal voters 21A Electoral commission to keep register of special postal voters (1) The electoral commission must keep, or arrange to be kept, a register of special postal voters. Current as at [Not applicable] Page 19
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 22] (2) The electoral commissioner must, not less than 18 months but not more than 4 years after the result of a poll for a quadrennial election is declared, review the continuing eligibility of a person to cast a vote as a special postal voter. (3) In conducting the review, the electoral commissioner must— (a) require each relevant elector to advise, in the approved form, whether the elector still lives at the address shown on the voters roll; and (b) do a random check of approved forms given to the electoral commission under paragraph (a) to decide whether the signature on each approved form checked is the same as the signature on the elector’s application to be a special postal voter mentioned in section 68(5A). (4) In this section— relevant elector means an elector whose name is included in the register of special postal voters because of a circumstance mentioned in section 68(5A)(a)(i) or (ii). Part 4 Local government elections Division 1 Local government elections 22 Types of elections (1) An election of the mayor of a local government is an election for all of the local government’s area. (2) A quadrennial or fresh election for a councillor (other than the mayor) of a local government is— (a) if the local government’s area does not have divisions— an election for all of the area; or (b) if the local government’s area has divisions—an election for each division of the area. Page 20 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 23] (3) A by-election to fill a vacancy in the office of a councillor (other than the mayor) of a local government is an election for its area, or the division of its area, for which the councillor was elected. 23 Date of quadrennial elections (1) A quadrennial election must be held in, and every fourth year after, 2012. (2) A quadrennial election must be held on the last Saturday in March. (3) However, a regulation may fix a different day for a quadrennial election for a particular year. 24 Date of by-elections (1) A by-election to fill a vacancy in the office of a councillor is to be held on the day fixed by the returning officer. (2) The day fixed must be within 12 weeks after the vacancy happens. (3) As soon as practicable after fixing the day for holding a by-election, the returning officer must— (a) publish, in a newspaper circulating generally in the local government area and in the other ways that the officer may consider appropriate, notice of— (i) the day fixed; and (ii) the cut-off day for the voters roll for the by-election under section 18(3); and (b) take the steps required by this Act for holding the by-election. Current as at [Not applicable] Page 21
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 25] Division 2 Candidates for local government elections Subdivision 1 Nominations of candidates 25 Calling for nominations (1) The returning officer must publish notice of an election in a newspaper circulating generally in the local government area, or division of the local government area, for which the election is to be held. (2) The notice must— (a) state a day as a nomination day— (i) not less than 8, or more than 18, days after the publication of the notice; and (ii) not less than 18, or more than 42, days before the day on which the election is to be held; and (b) state the nominations must be given to the returning officer; and (c) invite nominations of candidates. (3) The place of nomination must be— (a) the office of the returning officer; or (b) a place in the local government’s area convenient generally to persons in the area. 26 Who may be nominated (1) A person may be nominated as a candidate, or for appointment, as a councillor only if the person is qualified to be a councillor under the— (a) for a councillor of the Brisbane City Council— City of Brisbane Act 2010 , section 152; or Page 22 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 27] (b) for a councillor of another local government— Local Government Act 2009 , section 152. (2) However, a person who is a candidate for election as a member of an Australian Parliament, can not be nominated for election or appointment as a councillor until— (a) for an election under the Electoral Act 1992 —the day the electoral commission is notified, under section 131(1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or (b) for an election under the Commonwealth Electoral Act 1918 (Cwlth)— (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act. (3) To remove any doubt, it is declared that, a person is not disqualified from being nominated as a candidate, or for appointment, as a councillor only because the person is a member of the Legislative Assembly or a local government employee. Example— A person who is a member of the Legislative Assembly may nominate as a candidate for election as a councillor but must resign on becoming a candidate. 27 Making and certification of nomination (1) A person who wishes to be a candidate in an election may only be nominated by— (a) the registered officer of a registered political party that has endorsed the person as a candidate for the election; or Current as at [Not applicable] Page 23
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 27] (b) at least 6 electors for the local government area, or division of the local government area, for which the election is to be held. (2) A nomination must— (a) be in the approved form; and (b) contain the following— (i) the candidate’s name, address and occupation; (ii) a signed statement by the candidate consenting to the nomination; (iii) if subsection (1)(a) applies—a signed statement by the registered political party’s registered officer that the party has endorsed the candidate; and (c) be given to the returning officer after the nominations are invited for the election but before noon on the nomination day. (3) If the returning officer is satisfied a person has been properly nominated, the returning officer must— (a) as soon as practicable, certify the nomination in the approved form; and (b) give a copy of the certificate to the person. (4) The certificate must state the time, day and place proposed for a draw, if necessary, for the order of listing of candidates’ names on the ballot paper. (5) For subsection (3), a person is properly nominated for an election if— (a) subsection (2) has been complied with, or substantially complied with apart from a mere formal defect or error in the nomination; and (b) section 29(2) does not apply to the nomination; and (c) section 39 has been complied with; and (d) the nomination has not been withdrawn. Page 24 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 28] (6) In deciding whether a person is properly nominated for an election, the returning officer is not required to look beyond— (a) the form of nomination and payment of the deposit; and (b) the voters roll; and (c) documentary evidence produced by the nominee or nominator that, at the time the voters roll is compiled for the election— (i) the nominator is an elector for the election or the registered officer of a registered political party; or (ii) the nominee is, under the Electoral Act 1992 , an elector for an electoral district, or part of an electoral district, included in the local government’s area. (7) If a nomination is wrongly certified by the returning officer, the certification is of no effect. 28 Grounds for deciding a person is not properly nominated (1) The returning officer may decide that a person who has changed his or her name is not properly nominated as a candidate in an election because the nomination name— (a) is a party name; or (b) so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or (c) includes the word ‘independent’; or (d) is a public body name; or (e) so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or (f) is obscene or offensive. (2) The returning officer may also decide that a person who has changed his or her name is not properly nominated as a candidate in an election if the returning officer considers the name could cause confusion. Current as at [Not applicable] Page 25
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 28] Example of subsection (2)— If a person’s name is ‘Informal’, the returning officer may consider that the name could cause confusion to electors. (3) If the returning officer decides under this section that a person is not properly nominated as a candidate in an election, the returning officer must give the person a notice stating— (a) the decision; and (b) the reasons for the decision; and (c) the person’s right to apply for an injunction. Note— For a person’s right to apply for an injunction, see section 200. (4) In this section— nomination name means the name proposed by a candidate to be used on a ballot paper as the candidate’s name under section 55(2). parliamentary party means an organisation— (a) whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and (b) of which at least 1 member is a member of an Australian parliament. party name means the name, or an abbreviation or acronym of the name of— (a) a parliamentary party; or (b) a political party; or (c) an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to— (i) an Australian parliament; or Page 26 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 29] (ii) an office of councillor of a local government. public body name means the name, or an abbreviation or acronym of the name, of a prominent public body. 29 Effect of multiple nominations (1) A person can not, at the same time, be a candidate for election as— (a) mayor of a local government and as another councillor of the same local government; or (b) a councillor of a local government for more than 1 division of the local government’s area. (2) If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1), each of the nominations is of no effect. 30 Withdrawal of consent to nomination (1) A person nominated as a candidate in an election may withdraw the person’s agreement to the nomination by signed notice given to the returning officer before noon on the nomination day. (2) If a person acts under subsection (1)— (a) the nomination is of no effect; and (b) the person’s deposit must be refunded to the person who paid the deposit. 32 Announcement of nominations (1) As soon as practicable after the returning officer has certified the nomination of a person for an election under section 27(3)(a), the returning officer must display a copy of the nomination in a conspicuous position at the office of the returning officer. Current as at [Not applicable] Page 27
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 33] (2) The display of a copy of the nomination must continue until the conclusion of the election. 33 Death of candidate If a person nominated as a candidate in an election dies before noon on the nomination day— (a) the nomination is of no effect; and (b) the person’s deposit must be refunded to— (i) if the deposit was paid by someone other than the person—the other person; or (ii) otherwise—the person’s personal representative. 34 Procedure if number of candidates not more than number required (1) If the number of candidates properly nominated for an election is only equal to the number required to be elected— (a) the nominees are taken to have been elected; and (b) the returning officer must, as soon as practicable after the nomination day, publish a notice in the approved form in a newspaper circulating generally in the local government area, or division of the local government area, for which the election was to be held, that the nominees are taken to have been elected. (2) If— (a) no-one is nominated as a candidate in an election; or (b) the number of candidates nominated is less than the number required to be elected; the proceedings for the election must start again. (3) However, if proceedings for the election have previously started again under subsection (2), the Governor in Council may, by gazette notice, appoint as councillors of the local Page 28 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 35] government, the number of persons necessary to constitute fully the local government. (4) Each person appointed under subsection (3) must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held. (5) Persons appointed under subsection (3) are taken to have been properly elected as councillors of the local government for which they are appointed. (6) If proceedings for an election are started again under subsection (2)— (a) the deposits of the candidates must be refunded to the persons who paid the deposits; and (b) the electoral commission must, by gazette notice, fix a new polling day for the election. 35 Procedure if number of candidates exceeds number required (1) If the number of candidates properly nominated for an election exceeds the number required to be elected, a poll must be conducted under this part. (2) The returning officer must give public notice that a poll will be conducted. (3) The notice must— (a) be in the approved form; and (b) state— (i) the day the poll will be conducted; and (ii) the names of all candidates properly nominated for election in the order decided under section 57; and (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and (iv) that the ordinary voting hours are from 8a.m. to 6p.m; and Current as at [Not applicable] Page 29
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 36] (c) be displayed in a conspicuous position at the office of the returning officer; and (d) be published in a newspaper circulating generally in the local government area, or division of the local government area, for which the poll will be conducted. (4) Display of a notice under subsection (3)(c) must— (a) start as soon as practicable after noon on the nomination day; and (b) continue until the close of the poll. 36 Procedure on death of candidate when poll to be conducted (1) If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day for an election— (a) for a candidate for mayor—the proceedings for the election of the mayor must start again; and (b) for a candidate for councillor (other than mayor) if the local government’s area is undivided—the proceedings for the election of the councillors must start again; and (c) for a candidate for councillor (other than mayor) for a division of a local government’s area—the proceedings for the election of councillors for the division must start again. (2) Also, the Minister may, by gazette notice, direct that— (a) if subsection (1)(a) applies—all proceedings for the election of councillors of the local government start again; or (b) if subsection (1)(b) applies—proceedings for holding an election of the mayor of the local government start again; or (c) if subsection (1)(c) applies— Page 30 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 37] (i) proceedings for holding an election of the mayor of the local government start again; and (ii) proceedings for the election of councillors for the other divisions of the local government start again. (3) The deceased candidate’s deposit must be refunded to— (a) if the deposit was paid by someone other than the candidate—the other person; or (b) otherwise—the candidate’s personal representative. (4) The deposits of other candidates must be refunded to the persons who paid the deposits. (5) If proceedings for an election are started again, the electoral commission must, by gazette notice, fix a new polling day for the election. 37 If successful candidate dies If a candidate who is successful at an election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate. Note— The effect of this section would be that a new vacancy exists in the office of the councillor. 38 Extension of times (1) This section applies if a returning officer publishes— (a) notice of a nomination day under section 25; or (b) notice of the day a poll will be conducted under section 35. (2) The electoral commission may, by gazette notice, fix a later day as the nomination day or polling day if the day is likely to be affected by an emergency. Current as at [Not applicable] Page 31
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 39] (3) If the electoral commission fixes a later day under subsection (2), the returning officer— (a) may give any necessary directions to candidates, and to electors, about the procedures to be followed; and (b) must publish a notice detailing the directions in a newspaper circulating generally in the local government area, or division of the local government area, for which the election is to be held. Subdivision 2 Deposits accompanying nomination 39 Deposit to accompany nomination (1) At the same time as a nomination is given to the returning officer under section 27, the nominee, or another person on behalf of the nominee, must deposit $250 with the returning officer. (2) The deposit must be paid— (a) in cash; or (b) by a cheque drawn by a financial institution; or (c) by electronic funds transfer. 40 Disposal of deposits generally (1) As soon as practicable after the conclusion of an election, each candidate’s deposit must be refunded to the person who paid the deposit if— (a) the candidate is elected; or (b) if the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or Page 32 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 41] (c) if the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election. (2) If a deposit is to be refunded to a person, it may be refunded to someone else with the written authority of the person. (3) All other candidates’ deposits become the property of the State when the outcome of the election is decided unless section 30, 33 or 36 applies. Subdivision 3 Recording of membership and agents for group of candidates 41 Record of membership in group of candidates (1) This section applies to a group of candidates in an election. (2) The group must give a record of the membership of the group to the returning officer after the candidates in the group are nominated for the election but before noon on the last day for the receipt of nominations for candidates in the election. (3) The record must— (a) be in the approved form; and (b) state the name of the group; and (c) state the names of the candidates who are the members of the group; and (d) be signed by each of the candidates who are the members of the group. (4) As soon as practicable after the returning officer receives the record, the returning officer must ensure a copy of the record is displayed at the office of the returning officer. Current as at [Not applicable] Page 33
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 42] 42 Appointment of agent for group of candidates (1) A group of candidates in an election must appoint an adult as an agent for the group for the election. (2) The instrument appointing the agent must— (a) be in the approved form; and (b) state the name and address of the person appointed as agent; and (c) be signed by each of the candidates who are the members of the group; and (d) be signed by the person appointed as agent, and include or be accompanied by— (i) the person’s signed agreement to being appointed as the group’s agent; and (ii) the person’s signed declaration that the person is eligible to be appointed as the group’s agent. (3) A copy of the instrument appointing the agent must be given to the returning officer at the same time the record is given to the returning officer under section 41. 43 Register of group agents (1) The returning officer must keep a register (the register of group agents ) that records the name and address of each person who is appointed as the agent for a group of candidates in an election. (2) The appointment of an agent for a group of candidates— (a) is not effective under this Act until the appointment has been recorded in the register of group agents; and (b) ceases to be effective when the person’s name is removed from the register. (3) The name of a person may be removed from the register only if— Page 34 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 44] (a) the person gives the returning officer a written notice, signed by the person, stating that he or she has resigned the appointment as agent; or (b) the group of candidates gives the returning officer a written notice, signed by all members of the group, stating that the person has ceased to be the group’s agent. (4) If the name of a person is removed from the register under subsection (3), the group of candidates may, under section 42, appoint another agent. (5) If no agent is currently recorded for a group of candidates in the register of group agents, all obligations under this Act applying to an agent (including liability for any offence) apply to each member of the group of candidates as if each candidate was the agent for the group. Division 3 Arrangements for local government elections Subdivision 1 Polls by ballots 44 Poll by ballot A poll must be conducted by ballot taken under this part. 45 Direction that poll be conducted by postal ballot (1) A local government may apply to the Minister for a poll to be conducted by postal ballot if the local government’s area includes a large rural sector, large remote areas or extensive island areas. (2) The application must be made before 1 July in the year preceding a quadrennial election or a later day approved by the Minister. Current as at [Not applicable] Page 35
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 46] (3) The Minister must decide to approve or not to approve the application. (4) The approval may be given for— (a) all the local government’s area; or (b) 1 or more divisions of its area; or (c) a part of its area marked on a map. (5) If the approval is given for a part of a local government’s area, the local government must— (a) ensure that the public may inspect the relevant map— (i) at the local government’s public office; and (ii) on the local government’s website; and (b) publish details of the approval in a newspaper circulating generally in the part of the local government’s area. (6) Decisions of the Minister under subsection (3) are not subject to appeal. Subdivision 2 Polling booths 46 Kinds of polling booths (1) There are 3 kinds of polling booths— (a) ordinary polling booths; and (b) mobile polling booths; and (c) pre-polling booths. (2) An ordinary polling booth is a building or other structure, or a part of a building or other structure, that the returning officer for an election arranges to be available on polling day for the election to enable electors in general to vote. (3) A mobile polling booth is— Page 36 Current as at [Not applicable]
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 47] (a) all or part of an institution made available as a mobile polling booth under section 49(1); or (b) all or part of a place made available as a mobile polling booth under section 49(2). (4) A pre-polling booth means a place arranged under section 50 as a polling booth for electors to cast a pre-poll vote. 47 Polling booths—general (1) The returning officer for an election— (a) may arrange for a polling booth within or outside the local government area, or division of the local government area, to be used for the election; and (b) may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and (c) must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers. (2) A place on or from which liquor may lawfully be sold can not be used as a polling booth. (3) However, a civic or cultural centre, community hall or similar place under a local government’s control, may be used as a polling booth if— (a) the floor area for taking the ballot is designated in the polling notice; and (b) the local government ensures that no liquor will be sold or supplied in that area during the taking of the ballot. (4) The returning officer may arrange for all polling booths, or only particular polling booths, for an election to be used for any other election conducted at the same time for the one local government area. Current as at [Not applicable] Page 37
Not authorised —indicative only Local Government Electoral Act 2011 Part 4 Local government elections [s 48] 48 Provision of ordinary polling booths (1) For taking a ballot in an election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote. (2) The returning officer may— (a) less than 3 days before polling day, arrange for an ordinary polling booth to be used; or (b) less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth; only if it is necessary because of circumstances beyond the returning officer’s control. (3) If, after publication of the polling notice, the returning officer arranges for the use of an ordinary polling booth, the officer must also publish notice— (a) of the location of the booth; and (b) that the ordinary voting hours of the booth are from 8a.m. to 6p.m. (4) If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must also publish notice of the cancellation. (5) The notice under subsection (3) or (4) is to be given in the way the returning officer considers is the best way to inform electors generally. 49 Declaration of mobile polling booths (1) If the returning officer is satisfied patients or residents of an institution should be able to vote at the institution in a poll, the returning officer may arrange for all or part of the institution to be available as a mobile polling booth to enable the patients or residents to vote there in the poll. (2) If the returning officer is satisfied a part