An Act to Consolidate and Amend the Law relating to Parliamentary Elections and for other purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Commonwealth Electoral Act 1918.
2 Commencement
The several Parts and sections of this Act shall commence on such dates as are respectively fixed by proclamation.
3 Repeal
(1) The several Parts and sections of the following Acts, namely: the Commonwealth Electoral Act 1902, the Commonwealth Electoral Act 1905, the Commonwealth Electoral Act 1906, the Disputed Elections and Qualifications Act 1907, the Commonwealth Electoral Act 1909, the Commonwealth Electoral Act 1911, the Commonwealth Franchise Act 1902, and the Electoral Divisions Act 1903, are repealed as from such dates as are respectively fixed by proclamation.
(2) All appointments, divisions, subdivisions, polling places, electoral rolls, regulations, notices, proceedings, and all other matters and things duly appointed, made, commenced, or done under the Acts hereby repealed and in force, current, operative, or pending at the commencement of this Act shall, subject to this Act, be of the same force or effect in all respects as if this Act had been in force when they were so appointed, made, commenced, or done, and they had been respectively appointed, made, commenced, or done hereunder.
4 Interpretation
(1) In this Act unless the contrary intention appears:
abbreviation of the name of a political party means a shortened version, or an acronym, of the party’s name and does not include an alternative name of the party.
AFP officer or staff member means:
(a) a member or special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979; or
(b) a special protective service officer, within the meaning of that Act; or
(c) an AFP employee, within the meaning of that Act; or
(d) a person assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act.
Antarctic elector means an elector who is entitled under Part XVII to be treated as an Antarctic elector.
approved form means a form that:
(a) is approved by the Electoral Commissioner in writing; and
(b) has been published by the Electoral Commissioner.
Example: An approved form might have been published by the Electoral Commissioner on the Electoral Commission’s website.
approved list of voters for a Division means a list in electronic form that:
(a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b) is approved by the Electoral Commissioner for use in connection with voting under this Act.
Australia includes:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
Australian Capital Territory includes the Jervis Bay Territory.
Australian passport means a passport issued under the Australian Passports Act 2005.
capital city office of the Electoral Commission has the meaning given by subsection 90A(3).
Census means a Census of the population taken under section 8 of the Census and Statistics Act 1905.
certified list of voters, in respect of a Division, means a list prepared and certified under subsection 208(1).
child of a person includes:
(a) an ex‑nuptial child of the person; and
(b) a child adopted by the person; and
(c) a child of the person within the meaning of the Family Law Act 1975.
compartment means:
(a) in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 206; and
(b) in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 200DE.
Note: For the places at which pre‑poll ordinary voting is available, see section 200DD.
Controller‑General of Prisons means the Controller‑General or other principal officer of a State or Territory having control of the prisons and gaols of the State or Territory.
courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner.
declaration vote means:
(a) a postal vote;
(b) a pre‑poll declaration vote;
(c) an absent vote; or
(d) a provisional vote.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
defence civilian has the same meaning as in the Defence Force Discipline Act 1982.
defence member has the same meaning as in the Defence Force Discipline Act 1982.
Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19.
Division means an Electoral Division for the election of a member of the House of Representatives.
DRO means Divisional Returning Officer.
Elector means any person whose name appears on a Roll as an elector.
Electoral Commission means the Australian Electoral Commission established by section 6.
Electoral Commissioner means the Electoral Commissioner referred to in section 18.
electoral matter means matter which is intended or likely to affect voting in an election.
Eligible overseas elector means an elector who is entitled under section 94 or 95 to be treated as an eligible overseas elector.
facsimile, in relation to a nomination paper, means:
(a) a copy of a nomination paper that has been reproduced by facsimile telegraphy or any other means; or
(b) a copy of a copy referred to in paragraph (a).
Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
General election means a general election of the members of the House of Representatives.
Hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.
House of Representatives election means an election of a member of the House of Representatives.
how‑to‑vote card means a card, handbill or pamphlet:
(a) that:
(i) is, or includes, a representation of a ballot paper or part of a ballot paper for an election (or something apparently intended to represent a ballot paper or part of a ballot paper for an election); and
(ii) is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or
(b) that lists the names of 2 or more of the candidates or registered political parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or
(c) that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet:
(i) that only relates to first preference votes; or
(ii) that only relates to last preference votes.
Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.
Issuing point, in relation to a polling booth, means a place within the polling booth at which ballot papers are issued to persons voting at the booth.
Itinerant elector means an elector who is entitled under section 96 to be treated as an itinerant elector.
Justice of the Peace means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State.
next of kin has a meaning affected by subsection (11).
Northern Territory includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
nursing home means an institution (other than a hospital) in which infirm, ill or disabled persons needing continuing nursing care are provided with accommodation and nursing care.
officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, an Antarctic Returning Officer, an Assistant Antarctic Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre‑poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 28.
Organization includes:
(a) a body corporate;
(b) an association or other body of persons;
(c) an association that consists of 2 or more organizations within the meaning of the preceding paragraphs; and
(d) a part of an organization within the meaning of a preceding paragraph.
Part, in relation to an organization, includes:
(a) a branch or division of the organization; and
(b) a part of a part of the organization.
police officer means a member of the Australian Federal Police or of the police force of a State or Territory.
Political party means an organization the object or activity, or one of the objects or activities, of which is the promotion of the election to the Senate or to the House of Representatives of a candidate or candidates endorsed by it.
Polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, in pursuance of paragraph 203(1)(a), for the purpose of taking votes during polling.
polling official means a deputy presiding officer or an assistant presiding officer.
Polling place means a place appointed as a polling place in pursuance of section 80.
pre‑poll declaration vote: see subsection 200AA(2).
pre‑poll ordinary vote: see subsection 200AA(2).
pre‑poll voting office for an election means a place declared by the Electoral Commissioner under subsection 200BA(1) to be a pre‑poll voting office for the election.
pre‑poll voting officer means:
(a) an Assistant Divisional Returning Officer; or
(b) an officer appointed under section 200B.
prescribed authority means:
(a) the Agency Head of an Agency (within the meaning of the Public Service Act 1999) that is specified in regulations made for the purposes of this definition; or
(b) the chief executive officer of an authority of the Commonwealth that is specified in regulations made for the purposes of this definition.
provisionally enrolled has the meaning given by subsection (1B).
provisional vote means a vote cast under section 235.
real place of living includes the place of living to which a person, when temporarily living elsewhere, has a fixed intention of returning for the purpose of continuing to live at that place.
Registered medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.
Registered political party means a political party that is registered under Part XI.
Register of Political Parties means the Register of Political Parties established under section 125.
Registrar‑General means the Registrar‑General or other Principal Officer of a State who is charged with the duty of registering deaths occurring and marriages celebrated in the State.
Returning Officer includes Divisional Returning Officer, Assistant Returning Officer and Assistant Divisional Returning Officer.
Roll means an Electoral Roll under this Act.
Senate election means an election of Senators for a State or Territory.
sentence of imprisonment has the meaning given subsection (1A).
Subdivision means a subdivision of a Division.
substitute presiding officer means a person holding an appointment under section 204.
Territory means the Australian Capital Territory or the Northern Territory.
video recording includes a video recording that is recorded on means other than a videotape.
(1A) For the purposes of this Act, 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) that detention is attributable to the sentence of imprisonment concerned.
(1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B.
(2) For the purposes of this Act, an organization shall be taken to endorse a candidate in an election if a part of the organization, or an organization of which the first‑mentioned organization is a part, endorses the candidate in that election.
(3) A reference in this Act to age 16 enrolment shall be read as a reference to enrolment in pursuance of section 100.
(4) Where a Division is not divided into Subdivisions, a reference in this Act to a Subdivision shall, in relation to that Division, be read as a reference to that Division.
(5) In this Act, unless the contrary intention appears:
(a) a reference to a Division shall be read as including a reference to the Northern Territory; and
(b) a reference to a Subdivision shall be read as including a reference to a District of that Territory specified in a notice published under subsection 79(1).
(5A) If Part IV commences to apply to the Northern Territory in accordance with section 55A, subsection (5) shall, on and from the day of the first determination in relation to the Northern Territory under section 73 or 76 after that commencement, have effect as if:
(a) paragraph (a) were omitted; and
(b) the words “of that Territory” were omitted from paragraph (b).
(6) This Act extends to:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
(7) In relation to a Senate election, a provision of this Act that:
(a) provides for the giving of a document to; or
(b) confers a power or function on;
the Australian Electoral Officer shall be taken to refer to the Australian Electoral Officer for the State or Territory in which the election is to be conducted.
(7A) Unless the contrary intention appears, a reference in this Act to an election or poll in, for or in relation to, a Division or Subdivision, includes a reference to a Senate election, or a poll for a Senate election, for the State or Territory that includes the Division or Subdivision.
(8) In relation to an election of a member of the House of Representatives for a Division, a provision of this Act that:
(a) provides for the giving of a document to; or
(b) confers a power or function on;
the Divisional Returning Officer shall be taken to refer to the Divisional Returning Officer for that Division.
(9) Without limiting the generality of the definition of electoral matter in subsection (1), matter shall be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on:
(a) the election;
(b) the Government, the Opposition, a previous Government or a previous Opposition;
(c) the Government or Opposition, or a previous Government or Opposition, of a State or Territory;
(d) a member or former member of the Parliament of the Commonwealth or a State or of the legislature of a Territory;
(e) a political party, a branch or division of a political party or a candidate or group of candidates in the election; or
(f) an issue submitted to, or otherwise before, the electors in connection with the election.
(10) In this Act, a reference to the principal office of the Electoral Commission in a place is a reference to the office for the time being declared by the Electoral Commissioner, by notice published in the Gazette, to be the principal office of the Commission in that place.
(11) In determining whether a person is next of kin of another person, the following persons are also to be taken into account:
(a) a de facto partner of the person;
(b) a child of the person, or someone of whom the person is a child, because of the definition of child in this section;
(c) anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account.
4A Extraterritorial operation of Act
This Act extends to officers outside Australia.
4B Act to bind Crown
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence.
4C Registered officer of political party
(1) Subject to subsection (2), a reference in this Act to the registered officer of a registered political party is a reference to the person shown in the Register of Political Parties as the registered officer of the party.
(2) A reference in Part XIV or XVI to the registered officer of a registered political party includes a reference to a person for the time being nominated by the registered officer of a party as a deputy registered officer of the party for the purposes of this Act.
(3) A nomination under subsection (2):
(a) shall be in writing, signed by the registered officer and lodged with the Commission;
(b) shall specify the name and address of the person nominated and bear the signature of that person; and
(c) may be revoked at any time by the registered officer by written notice lodged with the Commission.
4D Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part II—Administration
Division 1—Preliminary
5 Interpretation
In this Part:
acting Commissioner includes a person acting as the Electoral Commissioner.
appointed Commissioner means the Chairperson or the non‑judicial appointee.
Chairperson means the Chairperson of the Commission.
Commission means the Commission established by section 6.
Commissioner means a member of the Commission, and includes the Chairperson.
electoral matters means matters relating to Parliamentary elections, elections, ballots under the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009 and referendums.
electoral officer means the Electoral Commissioner, the Deputy Electoral Commissioner or an Australian Electoral Officer for a State.
eligible Judge means:
(a) a Judge, other than the Chief Justice, of the Federal Court of Australia who has been a Judge of that Court for a period of at least 3 years; or
(b) a former Judge of that Court who was such a Judge for a period of at least 3 years.
non‑judicial appointee means the Commissioner referred to in paragraph 6(2)(c).
Parliamentary matters includes matters relating to the role and functions of the Parliament.
5A Application of Part in relation to Northern Territory
This Part has effect as if a reference to a State included a reference to the Northern Territory.
Division 2—The Australian Electoral Commission
6 Establishment of Commission
(1) There is established by this section a Commission by the name of the Australian Electoral Commission.
(2) The Commission shall consist of:
(a) a Chairperson;
(b) the Electoral Commissioner; and
(c) one other member.
(3) The Chairperson and the non‑judicial appointee shall be appointed by the Governor‑General and shall hold office on a part‑time basis.
(4) The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor‑General for the purposes of this section by the Chief Justice of the Federal Court of Australia.
(5) A person shall not be appointed as the non‑judicial appointee unless the person is the holder of:
(a) an office of Agency Head (within the meaning of the Public Service Act 1999); or
(b) an office established by or under an Act and having, in the opinion of the Governor‑General, a status equivalent to that of an office referred to in paragraph (a).
(6) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of there being one vacancy in the membership of the Commission.
7 Functions and Powers of Commission
(1) The functions of the Commission are:
(a) to perform functions that are permitted or required to be performed by or under this Act, not being functions that:
(i) a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; or
(ii) consist of the appointment of a person to an office; and
(b) to consider, and report to the Minister on, electoral matters referred to it by the Minister and such other electoral matters as it thinks fit; and
(c) to promote public awareness of electoral and Parliamentary matters by means of the conduct of education and information programs and by other means; and
(d) to provide information and advice on electoral matters to the Parliament, the Government, Departments and authorities of the Commonwealth; and
(e) to conduct and promote research into electoral matters and other matters that relate to its functions; and
(f) to publish material on matters that relate to its functions; and
(fa) to provide, in cases approved by the Foreign Affairs Minister, assistance in matters relating to elections and referendums (including the secondment of personnel and the supply or loan of materiel) to authorities of foreign countries or to foreign organisations; and
(g) to perform such other functions as are conferred on it by or under any law of the Commonwealth.
(2) The Commission may perform any of the functions referred to in paragraphs (1)(b) to (f) (inclusive) in conjunction with the electoral authorities of a State, of the Australian Capital Territory or of the Northern Territory.
(3) The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.
7A Supply of goods and services
(1) Subject to this section, the Commission may make arrangements for the supply of goods or services to any person or body. The arrangements that may be made by the Commission include an arrangement under which an authorised person enters into an agreement, on behalf of the Commonwealth, for the supply of goods or services to a person or body. For this purpose, authorised person means a person who is authorised in writing by the Commission to enter into agreements under this subsection.
(1A) The arrangements the Commission may make under subsection (1) may cover the same matters that may be covered by a section 84 arrangement.
(1B) An arrangement under subsection (1) may supplement a section 84 arrangement.
(1C) The use by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken to be authorised by law.
Note: The effect of this subsection includes (but is not limited to) an authorisation for the purposes of paragraph (1)(c) of Information Privacy Principle 10 in section 14 of the Privacy Act 1988.
(1D) To avoid doubt, the disclosure by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken:
(a) to be authorised by law; and
(b) not to contravene any provision of this Act.
Note: The effect of paragraph (a) includes (but is not limited to) an authorisation for the purposes of paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988.
(1E) A law of a State or Territory has no effect to the extent to which the law in any way prohibits a person or body from, or penalises or discriminates against a person or body for:
(a) entering into, or proposing to enter into, an arrangement under subsection (1); or
(b) taking part in or assisting with, or proposing to take part in or assist with, the conduct of an activity (such as a plebiscite) to which an arrangement under subsection (1) relates.
(1F) If the operation of subsection (1E) would, but for this subsection, exceed the legislative powers of the Commonwealth, it is the intention of the Parliament that it operate to the extent that the law of the State or Territory would be inconsistent with Article 19, or paragraph (a) of Article 25, of the International Covenant on Civil and Political Rights.
Note: Articles 19 and 25 of the International Covenant on Civil and Political Rights are set out in Schedule 2 to the Australian Human Rights Commission Act 1986.
(1G) Subsection (1F) does not limit the operation of section 15A of the Acts Interpretation Act 1901.
(2) The Commission may make arrangements for the supply of goods or services only to the extent that it can do so by using:
(a) information or materiel in its possession or in the possession of its officers or members of its staff, either under this Act or any other law; or
(b) expertise that it has acquired or that has been acquired by its officers or members of its staff, either under this Act or any other law.
7B Fees for goods and services
Unless otherwise provided by or under this Act or another Act, reasonable fees may be charged for goods or services supplied under section 7A.
8 Tenure and terms of office
(1) Subject to this Division, an appointed Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(3) Where:
(a) at any time, a person who is the non‑judicial appointee holds an office of a kind referred to in paragraph 6(5)(a);
(b) the person ceases to be the holder of that office; and
(c) the person does not, immediately upon ceasing to hold that office, commence to hold another such office;
the person shall cease to be a Commissioner.
(4) Where:
(a) a person who was appointed as the non‑judicial appointee by virtue of holding an office referred to in paragraph 6(5)(b) ceases to hold that office; and
(b) the person does not, immediately upon ceasing to hold that office, commence to hold an office of a kind referred to in paragraph 6(5)(a);
the person shall cease to be a Commissioner.
(5) An appointed Commissioner holds office on such terms and conditions not provided for by this Act as are determined by the Governor‑General.
9 Leave of absence
The Commission may grant the non‑judicial appointee leave of absence from a meeting of the Commission.
10 Resignation
An appointed Commissioner may resign by delivering to the Governor‑General a signed notice of resignation.
11 Disclosure of interests
(1) A Commissioner or an acting Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Commission.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission and the Commissioner or acting Commissioner shall not, unless the Minister otherwise determines:
(a) be present during any deliberation of the Commission with respect to that matter; or
(b) take part in any decision of the Commission with respect to that matter.
12 Termination of appointment
If the non‑judicial appointee:
(a) is absent, except on leave granted by the Commission in accordance with section 9, from 3 consecutive meetings of the Commission; or
(b) fails, without reasonable excuse, to comply with his or her obligations under section 11;
the Governor‑General shall terminate the appointment of the non‑judicial appointee.
13 Acting Chairperson
The Governor‑General may appoint a person to act as Chairperson:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
14 Acting non‑judicial appointee
The Governor‑General may appoint a person to act as the non‑judicial appointee:
(a) during a vacancy in the office of the non‑judicial appointee, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the non‑judicial appointee is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
14A Remuneration
(1A) This section applies to:
(a) a person who is acting as Chairperson or as the non‑judicial appointee; or
(b) the Chairperson, if he or she is a former Judge of the Federal Court of Australia.
(1) A person to whom this section applies is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the person shall be paid such remuneration as is prescribed.
(2) The person shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
15 Meetings of Commission
(1) The Chairperson may, at any time, convene a meeting of the Commission.
(2) The Chairperson shall convene such meetings of the Commission as, in his or her opinion, are necessary for the efficient performance of its functions.
(3) At a meeting of the Commission, 2 Commissioners constitute a quorum.
(4) The Chairperson shall preside at all meetings of the Commission at which he or she is present.
(5) If the Chairperson is not present at a meeting of the Commission, the Commissioners present shall elect one of their number to preside at that meeting.
(6) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting.
(7) The person presiding at a meeting of the Commission has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.
(8) If, at any meeting of the Commission at which 2 Commissioners only are present, not being a meeting from which a Commissioner is absent by reason of section 11, the Commissioners differ in opinion on any matter, the determination of that matter shall be postponed to a full meeting of the Commission.
(9) The Commission may regulate the conduct of proceedings at its meetings as it thinks fit.
(10) In this section:
(a) a reference to the Chairperson shall, if a person is acting as Chairperson, be construed as a reference to the person so acting; and
(b) a reference to a Commissioner shall, if a person is acting as the Chairperson, the non‑judicial appointee or the Electoral Commissioner, be construed as including a reference to the person so acting.
16 Delegation by Commission
(1) The Commission may by resolution delegate to an appointed Commissioner, an electoral officer or a member of the staff of the Commission all or any of its powers under:
(a) this Act, other than its powers under Part IV; or
(b) any other law.
(2) A certificate signed by the Chairperson stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.
(3) A document purporting to be a certificate under subsection (2) shall, unless the contrary is established, be taken to be such a certificate.
17 Reports by the Commission
(1) The Commission shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Commission during the year that ended on that 30 June.
(1A) A report under subsection (1) in relation to the operations of the Commission for the year ending on 30 June 2001, and for each subsequent year, must include particulars for that year of:
(a) each person or organisation to whom the Commission has provided a copy of a Roll under subsection 90B(1); and
(b) each person or organisation to whom the Commission has given a copy of a Roll, or an extract of a Roll, under subsection 90B(4).
(2) The Commission shall, as soon as practicable after the polling day in:
(a) a general election and any Senate election that had the same polling day as that general election; or
(b) a Senate election (other than a Senate election referred to in paragraph (a));
prepare and furnish to the Minister a report of the operation of Part XX in relation to that election or those elections.
(2A) A report under subsection (2) in relation to an election must include a list of the names of all persons who, in the opinion of the Commission, are or may be required to furnish a return under subsection 305A(1) or (1A) in relation to that election.
(2B) The Commission may prepare and furnish to the Minister, otherwise than under subsection (2), such reports on the operation of Part XX as the Commission thinks appropriate.
(2C) Subject to section 17A, the Commission must include in any report under this section particulars of the operation of subsection 316(2A) since the preparation of the last report under this section that included particulars of the operation of that subsection.
(3) Section 34C of the Acts Interpretation Act 1901 does not apply in relation to a report under subsection (2).
(4) The Minister shall cause a copy of a report furnished under subsection (1), (2) or (2B) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.
(5) A report under this section need not include particulars of a matter if those particulars have been included in an earlier report under this section.
17A Certain particulars not to be included in reports
(1) A report under section 17 must not include particulars of any information given in evidence or contained in documents or other things produced in compliance with a notice under subsection 316(2A), being a notice served on a prescribed person or an officer of a prescribed person, unless, in the opinion of the Electoral Commission, the information relates to an offence that has, or may have been, committed against section 315.
(2) In this section:
prescribed person means a person whose name is included in a list in a report mentioned in subsection 17(2A).
Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States
18 Electoral Commissioner
(1) There shall be an Electoral Commissioner.
(2) The Electoral Commissioner shall be the chief executive officer of the Commission and shall have such other functions, and such powers, as are conferred upon him or her by or under any law of the Commonwealth.
(3) The Electoral Commissioner may give written directions to officers with respect to the performance of their functions, and the exercise of their powers, under this Act.
19 Deputy Electoral Commissioner
(1) There shall be a Deputy Electoral Commissioner.
(2) The Deputy Electoral Commissioner shall perform such duties as the Electoral Commissioner directs.
(3) Subject to subsection (4), the Deputy Electoral Commissioner shall act as the Electoral Commissioner:
(a) during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to persons acting as the Electoral Commissioner, see section 33A of the Acts Interpretation Act 1901.
(4) The Deputy Electoral Commissioner shall not act as the Electoral Commissioner during a vacancy in the office of Electoral Commissioner while a person appointed under section 26 is acting in that office.
20 Australian Electoral Officers for States
(1) There shall be an Australian Electoral Officer for each State who shall, subject to the directions of the Electoral Commissioner, be the principal electoral officer in the State.
(2) An Australian Electoral Officer for a State shall have such other functions, and such powers, as are conferred on him or her by any law of the Commonwealth or of a Territory.
(3) An Australian Electoral Officer for a State may, subject to any directions given by the Electoral Commissioner, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the State.
21 Terms and conditions of appointment etc.
(1) An electoral officer shall be appointed by the Governor‑General.
(2) Subject to this Act, an electoral officer holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(4) An electoral officer holds office on such terms and conditions not provided for by this Act as are determined by the Governor‑General.
22 Remuneration
(1) An electoral officer shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the officer shall be paid such remuneration as is prescribed.
(2) An electoral officer shall be paid such allowances (if any) as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
23 Leave of absence
(1) An electoral officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Commission may grant an electoral officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.
24 Resignation
An electoral officer may resign by delivering to the Governor‑General a signed notice of resignation.
25 Termination of appointment
(1) The Governor‑General may terminate the appointment of an electoral officer by reason of misbehaviour or physical or mental incapacity.
(2) If an electoral officer:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) engages in paid employment outside the duties of his or her office without the approval of the Commission;
the Governor‑General shall terminate the appointment of the electoral officer.
(3) If the Electoral Commissioner, or the Deputy Electoral Commissioner while acting as the Electoral Commissioner, fails, without reasonable excuse, to comply with his or her obligations under section 11, the Governor‑General shall terminate his or her appointment as Electoral Commissioner or Deputy Electoral Commissioner, as the case may be.
26 Acting Electoral Commissioner
The Governor‑General may appoint a person to act as the Electoral Commissioner:
(a) during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when:
(i) the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; and
(ii) no person is acting as the Electoral Commissioner by virtue of holding the office of, or acting as, the Deputy Electoral Commissioner.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
27 Acting Deputy Electoral Commissioner
The Governor‑General may appoint a person to act as the Deputy Electoral Commissioner:
(a) during a vacancy in the office of the Deputy Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Deputy Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
28 Delegation by Electoral Commissioner
(1) The Electoral Commissioner may, in writing, delegate all or any of his or her powers or functions under this Act, other than the powers and functions conferred by Parts III and IV, to any of the following:
(a) any officer;
(b) any other member of the staff of the Electoral Commission.
Note: The definition of officer covers Australian Electoral Officers and Divisional Returning Officers, as well as various other people.
(2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the Electoral Commissioner.
Division 4—Staff of the Commission
29 Staff
(1) Subject to subsection (2), the staff of the Commission shall consist of:
(a) persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and
(b) persons employed or engaged by the Commission under this Division.
(2) For the purposes of the Public Service Act 1999:
(a) the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and
(b) the Electoral Commissioner is the Head of that Statutory Agency.
30 Australian Electoral Officer for the Australian Capital Territory
(1) The Commission shall, for the purposes of each election, appoint an Australian Electoral Officer for the Australian Capital Territory and such an appointment shall terminate upon the completion of the election.
(2) The Commission may appoint a person to act as Australian Electoral Officer for the Australian Capital Territory during any period, or during all periods, when the Australian Electoral Officer for the Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
31 Assistant Australian Electoral Officers for States
(1) The Commission shall appoint an Assistant Australian Electoral Officer for each State.
(2) An Assistant Australian Electoral Officer for a State shall assist the Australian Electoral Officer for the State.
(3) An Assistant Australian Electoral Officer for a State shall act as Australian Electoral Officer for the State:
(a) during a vacancy in the office of Australian Electoral Officer for the State, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Australian Electoral Officer for the State is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to persons acting as the Australian Electoral Officer for a State, see section 33A of the Acts Interpretation Act 1901.
32 Divisional Returning Officers
(1) There shall be a Divisional Returning Officer for each Division, who shall be charged with the duty of giving effect to this Act within or for the Division subject to the directions of the Electoral Commissioner and the Australian Electoral Officer for the State or, if the Division is, or is part of, the Australian Capital Territory, the directions of the Electoral Commissioner.
(2) A Divisional Returning Officer for a Division may, subject to any directions given by the Electoral Commissioner and, if the Division is part of a State, the Australian Electoral Officer for the State, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the Division.
33 Assistant Returning Officers
(1) The Electoral Commissioner may, for the purposes of a particular election, appoint a person to be an Assistant Returning Officer.
(2) A person appointed to be an Assistant Returning Officer may, subject to the control of the Electoral Commissioner, perform such functions and exercise such powers as are conferred on the person by this Act.
(3) An appointment under subsection (1) terminates upon completion of the election.
34 Assistant Divisional Returning Officers
(1) A person may be appointed to be an Assistant Divisional Returning Officer for a Subdivision.
(2) The Electoral Commissioner may appoint an Assistant Divisional Returning Officer for a District referred to in subsection 79(2).
(3) A person appointed to be an Assistant Divisional Returning Officer for a Subdivision may, subject to the control of the Divisional Returning Officer for the Division in which the Subdivision is situated, perform the functions and exercise the powers of the Divisional Returning Officer in relation to that Subdivision.
35 Employment of additional staff, consultants etc.
(1) The Commission may, on behalf of the Commonwealth, employ, under agreements in writing:
(a) such temporary staff as the Commission thinks necessary for the purposes of:
(i) the conduct of an election, referendum, ballot or Roll review; or
(ii) the conduct of education and information programs referred to in paragraph 7(1)(c); and
(b) such senior executive staff as the Commission thinks necessary to assist the Commission in the performance of its functions and otherwise for the purposes of this Act.
(2) The Commission may, on behalf of the Commonwealth, engage, under agreements in writing, persons having suitable qualifications and experience as consultants to, or to perform services for, the Commission.
(3) The terms and conditions of employment of persons employed under subsection (1) are such as are from time to time determined by the Commission.
(4) The terms and conditions of engagement of persons engaged under subsection (2) are such as are from time to time determined by the Commission.
Division 5—Miscellaneous
36 Candidates not to be officers
No candidate shall be appointed an officer, and an officer who becomes a candidate shall thereby vacate his or her office.
38 Offices of Divisional Returning Officers
(1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located.
(2) However, subsection (1) does not apply if:
(a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and
(b) either:
(i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or
(ii) the office is currently being relocated within the Division.
(3) A written authority given under subsection (1) is not a legislative instrument.
Part III—Representation in the Parliament
Division 1AA—Interpretation
38A Interpretation
In this Part, unless the contrary intention appears:
Northern Territory does not include the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island.
Territory means the Australian Capital Territory, the Northern Territory or an external territory other than Norfolk Island.
Division 1—Choosing of senators for Queensland
39 Senators to be directly chosen by people of State etc.
(1) Senators for the State of Queensland shall be directly chosen by the people of the State voting as one electorate.
(2) The Parliament of the State of Queensland may not make laws pursuant to section 7 of the Constitution dividing the State into divisions and determining the number of senators to be chosen for each division.
Division 2—Representation of the Territories in the Senate
40 Representation of the Territories in the Senate
(1) Subject to subsection (2), the Australian Capital Territory and the Northern Territory shall each be represented in the Senate by 2 senators for the Territory directly chosen by the people of the Territory voting as one electorate.
(2) Where the number of members of the House of Representatives to be chosen in the Australian Capital Territory or the Northern Territory at a general election is 6 or more, that Territory shall, on and from the day of the general election, be represented in the Senate by one senator for every 2 members of the House of Representatives to be chosen in that Territory.
(3) Where the number of members of the House of Representatives to be chosen in the Australian Capital Territory or the Northern Territory at a general election is an odd number, subsection (2) applies as if the number were reduced by one.
(4) Subject to subsection (5), a Territory (other than the Australian Capital Territory and the Northern Territory) is not entitled to separate representation in the Senate.
(5) Where 2 or more members of the House of Representatives are to be chosen in a Territory (other than the Australian Capital Territory or the Northern Territory) at a general election, that Territory shall, on and from the day of the general election, be represented in the Senate by one senator for every 2 members of the House of Representatives to be chosen in that Territory.
(6) Where the number of members of the House of Representatives to be chosen in a Territory (other than the Australian Capital Territory or the Northern Territory) at a general election is an odd number, subsection (5) applies as if the number were reduced by one.
(7) Until the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island becomes entitled to separate representation in the Senate under subsection (5), this section has effect as if the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island, as the case may be, were a part of the Northern Territory.
41 Powers, privileges and immunities of senator for Territory
(1) A senator for a Territory has all the powers, privileges and immunities of a senator for a State and:
(a) shall be included in the whole number of the senators for the purpose of ascertaining the number of senators necessary to constitute a meeting of the Senate for the exercise of its powers and, if present, shall be counted for the purpose of determining whether the necessary number of senators are present; and
(b) has a vote on all questions arising in the Senate.
(2) The provisions contained in sections 16, 19 and 20 and sections 42 to 48 (inclusive) of the Constitution, to the extent (if any) to which they do not apply, by virtue of the Constitution, in relation to a senator for a Territory, apply, by force of this subsection, in relation to such a senator in the same way as they apply in relation to a senator for a State.
42 Term of service of senator for Territory
The term of service of a senator for a Territory commences on the day of his or her election and expires at the close of the day immediately before the polling day for the next general election.
43 Time of elections of senators for Territories
An election of the senators for each Territory shall be held at the same time as each general election.
44 Casual vacancies in places of senators for Territories
(1) If the place of a Senator for the Australian Capital Territory becomes vacant before the expiration of his or her term of service, the Legislative Assembly for the Australian Capital Territory shall choose a person to hold the place until the expiration of the term, but if the Legislative Assembly is not in session when the vacancy is notified, the Chief Minister for the Australian Capital Territory may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Legislative Assembly or the expiration of the term, whichever first happens.
(2) If the place of a senator for the Northern Territory becomes vacant before the expiration of his or her term of service, the Legislative Assembly of the Territory shall choose a person to hold the place until the expiration of the term, but if the Legislative Assembly is not in session when the vacancy is notified, the Administrator of the Territory, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Legislative Assembly or the expiration of the term, whichever first happens.
(2A) If the place of a senator for a Territory other than the Northern Territory or the Australian Capital Territory becomes vacant before the expiration of his or her term of service, the members of the Senate and the House of Representatives, sitting and voting together at a joint sitting convened by the Governor‑General, shall choose a person to hold the place until the expiration of the term, but if the Parliament is not in session when the vacancy is notified, the Governor‑General may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Parliament or the expiration of the term, whichever first happens.
(3) Where a vacancy has at any time occurred in the place of a senator chosen by the people of a Territory and, when chosen, the senator was publicly recognized by a particular political party as being an endorsed candidate of that party and publicly represented himself or herself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.
(4) Where:
(a) in accordance with subsection (3), a person who is a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and
(b) before commencing to hold the place, the person ceases to be a member of that party (otherwise than by reason of the party having ceased to exist);
the person shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with subsection (5).
(5) Whenever the place of a senator for a Territory becomes vacant before the expiration of his or her term of service:
(a) in the case of a senator for the Australian Capital Territory—the President of the Senate shall notify the Chief Minister for the Australian Capital Territory of the vacancy;
(b) in the case of a senator for the Northern Territory—the President of the Senate shall notify the Administrator of the Northern Territory of the vacancy; and
(c) in the case of a senator for a Territory other than the Northern Territory or the Australian Capital Territory—the President of the Senate shall notify the Governor‑General of the vacancy.
(6) The name of any senator chosen or appointed under subsection (1) or (2) shall be certified by the Chief Minister for the Australian Capital Territory or the Administrator of the Northern Territory, as the case may be, to the Governor‑General.
(6A) The name of any senator chosen by the members of the Senate and the House of Representatives under subsection (2A) shall be certified by the President of the Senate to the Governor‑General.
(7) Except in so far as the contrary intention appears in this section, an expression that is used in this section and in section 15 of the Constitution has, in this section, the same meaning as in section 15 of the Constitution.
Division 3—Representation of the States and Territories in the House of Representatives
45 Interpretation
(1) In this Division, people of the Commonwealth does not include the people of any Territory that is referred to in section 122 of the Constitution.
(2) For the avoidance of doubt, a resident of Norfolk Island who is one of the people of a State for the purposes of sections 7 and 24 of the Constitution is not one of the people of Norfolk Island for the purposes of subsection (1).
46 Ascertainment of numbers of people of Commonwealth, States and Territories
(1) If a House of Representatives has continued for a period of 12 months after the day of the first meeting of that House, the Electoral Commissioner must ascertain the number of the people of each of the following:
(a) the Commonwealth;
(b) each of the States;
(c) the Australian Capital Territory;
(d) the Northern Territory;
(e) the Territory of Cocos (Keeling) Islands;
(f) the Territory of Christmas Island;
(g) each of the other Territories.
(1A) The Electoral Commissioner must ascertain the numbers under subsection (1) on:
(a) the first day (the reference day) after the end of the period of 12 months referred to in that subsection; or
(b) if the reference day is a Saturday, a Sunday or a public holiday in the Australian Capital Territory—the next day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
(1B) The Electoral Commissioner must ascertain the numbers under subsection (1) using the statistics for the following populations that the Australian Statistician has, most recently before the reference day, compiled and published in a regular series under the Census and Statistics Act 1905:
(a) the population of each State;
(b) the population of the Australian Capital Territory (not including the Jervis Bay Territory);
(c) the population of the Northern Territory;
(d) the population of the Jervis Bay Territory;
(e) the population of the Territory of Cocos (Keeling) Islands;
(f) the population of the Territory of Christmas Island;
(g) the population of each of the other Territories.
(1C) The reference in subsection (1B) to statistics being published includes a reference to statistics being published electronically or in an electronic format.
(2) People on the Roll of electors for a Territory because of subsection 95AA(3) are people of that Territory for the purposes of subsection (1) of this section.
47 Supply of statistical information by Australian Statistician
(1) The Australian Statistician must, on request by the Electoral Commissioner, supply the Electoral Commissioner with:
(a) the statistics referred to in subsection 46(1B); and
(b) the following information in relation to each of the Australian Capital Territory and the Northern Territory:
(i) the Australian Statistician’s estimate of the net undercount for that Territory at the last Census;
(ii) the standard error of the measure of that estimate of the net undercount;
(iii) the upper and lower limits of the 95% confidence interval for the measure of that estimate of the net undercount; and
(c) any other statistical information that the Electoral Commissioner requires for the purposes of this Division.
(2) For the purposes of this section:
(a) the standard error of the measure of the estimate of the net undercount for a Territory at the last Census is the standard error estimate of the sampling error of the estimate of the net undercount as determined by the Australian Statistician; and
(b) the upper limit of the 95% confidence interval for the measure of the estimate of the net undercount for a Territory at the last Census is the Australian Statistician’s estimate of the net undercount increased by a number equal to twice the standard error of the measure of that estimate of the net undercount; and
(c) the lower limit of the 95% confidence interval for the measure of the estimate of the net undercount for a Territory at the last Census is the Australian Statistician’s estimate of the net undercount less a number equal to twice the standard error of the measure of that estimate of the net undercount; and
(d) the Australian Statistician is to determine the following as population numbers (rather than as percentages or factors):
(i) the Australian Statistician’s estimate of the net undercount for a Territory at the last Census;
(ii) the standard error of the measure of that estimate of the net undercount.
48 Determination of number of members of House of Representatives to be chosen in States and Territories
(1) Subject to subsection (2G), the Electoral Commissioner shall, as soon as possible after he or she has ascertained, in accordance with section 46, the numbers of the people of the Commonwealth and of the several States and Territories:
(a) determine, in accordance with subsection (2), the number of members of the House of Representatives to be chosen in the several States at a general election; and
(b) determine, in accordance with subsections (2A), (2B), (2C) and (2F), the number of members (if any) of the House of Representatives to be chosen in the several Territories at a general election.
(2) The number of members of the House of Representatives to be chosen in the several States at a general election shall, subject to the Constitution, be determined by the Electoral Commissioner in the following manner:
(a) a quota shall be ascertained by dividing the number of people of the Commonwealth, as ascertained in accordance with section 46, by twice the number of the senators for the States;
(b) the number of members to be chosen in each State shall be determined by dividing the number of people of the State, as ascertained in accordance with section 46, by the quota and, if on such division there is a remainder greater than one‑half of the quota, one more member shall be chosen in the State.
(2A) The Electoral Commissioner shall divide the number of people of each Territory, as ascertained in accordance with section 46, by the quota ascertained under paragraph (2)(a) and, subject to subsections (2B), (2C) and (2F), shall determine:
(a) if the result of the division is less than or equal to 0.5—that no member of the House of Representatives be chosen in the Territory at a general election;
(b) if the result of the division is greater than 0.5 and less than or equal to 1.5—that one member of the House of Representatives be chosen in the Territory at a general election; or
(c) in any other case—that the number of members of the House of Representatives to be chosen in the Territory at a general election is the number ascertained by the division or, if there is a remainder greater than one‑half of the quota, that number increased by one.
(2B) At least one member of the House of Representatives shall be chosen in the Australian Capital Territory and in the Northern Territory at a general election.
(2C) Subject to subsection (2F), if the Electoral Commissioner determines that, at a general election, no member of the House of Representatives is to be chosen in either or both of the following Territories:
(a) the Territory of Cocos (Keeling) Islands;
(b) the Territory of Christmas Island;
the following provisions shall have effect:
(c) the ascertainments under section 46, and the determinations under this section, in respect of that Territory or those Territories, as the case may be, and in respect of the Northern Territory shall be deemed never to have been made;
(d) that Territory, or those Territories, as the case may be, shall be taken to be part of the Northern Territory;
(e) subject to subsection (2G), the Electoral Commissioner shall, as soon as possible:
(i) ascertain, under section 46, the number of the people of the Northern Territory; and
(ii) determine, under this section, the number of members of the House of Representatives to be chosen in the Northern Territory at a general election.
(2D) To avoid doubt, subsection 46(1A) does not apply to the ascertainment of the number of the people of the Northern Territory under subparagraph (2C)(e)(i) of this section.
Note: Subsection 46(1A) might otherwise require the fresh ascertainment of the number of the people of the Northern Territory under subparagraph (2C)(e)(i) of this section to be made immediately after the end of the 12 month period referred to in subsection 46(1).
(2E) This subsection applies if:
(a) apart from this subsection and subsection (2F), the result of dividing the number of the people of the Australian Capital Territory or the Northern Territory, as ascertained in accordance with section 46, by the quota ascertained under paragraph (2)(a) is:
(i) a whole number (the relevant whole number); and
(ii) a remainder that is less than or equal to one‑half of that quota; and
(b) the difference between:
(i) the number obtained by multiplying that quota by the sum of the relevant whole number and one‑half; and
(ii) the number of the people of the Territory, as ascertained in accordance with section 46;
is less than or equal to twice the standard error of the measure of the Australian Statistician’s estimate of the net undercount for that Territory at the last Census.
(2F) If subsection (2E) applies to the Australian Capital Territory or the Northern Territory:
(a) the determination made under subsection (1) in accordance with:
(i) subsection (2A); or
(ii) subparagraph (2C)(e)(ii);
in respect of that Territory is taken never to have been made; and
(b) the number of the people of that Territory, as ascertained in accordance with section 46, is taken to be increased by a number equal to twice the standard error referred to in paragraph (2E)(b); and
(c) subject to subsection (2G), the Electoral Commissioner must, as soon as possible, determine under this section the number of members of the House of Representatives to be chosen in that Territory at a general election.
Note: In certain circumstances, the number of the people of the Northern Territory will have been re‑ascertained in accordance with section 46 because of the operation of subsection (2C).
(2G) The determinations made under subsection (1), and paragraphs (2C)(e) and (2F)(c), must be made within 1 month after the end of the period of 12 months referred to in subsection 46(1).
(3) Notwithstanding anything contained in any other law, but subject to the Constitution and to section 39B and Part VII of the Judiciary Act 1903, a decision by the Electoral Commissioner made, or purporting to be made, under subsection (1):
(a) is final and conclusive;
(b) shall not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and
(c) is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground.
(4) A determination under subsection (1) shall be made by instrument in writing.
(5) In this section:
standard error of the measure of the Australian Statistician’s estimate of the net undercount for a Territory in the last Census means the standard error estimate of the sampling error for that estimate of the net undercount that the Australian Statistician supplies to the Electoral Commissioner under paragraph 47(1)(b).
48A Northern Territory to elect 2 members of the House of Representatives in the next election
(1) The determination made by the Electoral Commissioner under subsection 48(1) on 19 February 2003 (the 2003 determination) is set aside, on and from the day on which this section commences (the commencement day), to the extent to which that determination relates to the Northern Territory.
(2) To avoid doubt:
(a) for the purposes of section 50, the number of members of the House of Representatives to be chosen in the Northern Territory at a general election that is held:
(i) on or after the commencement day; and
(ii) before the first determination that is made by the Electoral Commissioner under subsection 48(1) after the commencement day;
is to be in accordance with the determination made by the Electoral Commissioner under subsection 48(1) most recently before the 2003 determination; and
(b) for the purposes of section 86, 2 new Divisions are taken to be created for the Northern Territory on the commencement day.
Note 1: The 2003 determination specified that there would be 1 member of the House of Representatives to be chosen in the Northern Territory at a general election.
Note 2: The determination the Electoral Commissioner made under subsection 48(1) most recently before the 2003 determination was the determination made on 9 December 1999. That determination specified that there would be 2 members of the House of Representatives to be chosen in the Northern Territory at a general election.
49 Notification of determination
(1) The Electoral Commissioner shall, forthwith after he or she has determined, in accordance with section 48, the number of members of the House of Representatives to be chosen in the several States and Territories at a general election:
(a) forward to the Minister a certificate setting out:
(i) the number, ascertained under section 46, of the people of each of the following:
(A) the Commonwealth;
(B) each of the States;
(C) the Australian Capital Territory;
(D) the Northern Territory;
(E) the Territory of Cocos (Keeling) Islands;
(F) the Territory of Christmas Island;
(G) each of the other Territories; and
(ii) the number of members of the House of Representatives so determined by him or her; and
(iii) details of any adjustments that were made to the statistical information supplied by the Australian Statistician in arriving at the numbers referred to in subparagraph (i) in order to give effect to the provisions of this Division; and
(iv) any calculations involved in arriving at those numbers, making those adjustments or determining the number of members of the House of Representatives to be chosen in a State or Territory at a general election; and
(b) cause a copy of the certificate to be published forthwith in the Gazette.
Note: Subparagraph (a)(iii)—Adjustments may be necessary to give effect, for example, to the subsection 4(1) definition of the Australian Capital Territory, to subsection 45(2), to subsection 46(2) or to subsection 48(2C) or (2F).
(1A) The certificate must be published in the Gazette within 1 month after the end of the period of 12 months referred to in subsection 46(1).
(2) The Minister shall cause copies of the certificate to be laid before each House of the Parliament within 5 sitting days of that House after receiving the certificate.
50 Number of members of House of Representatives to be chosen in States and Territories
The number of members of the House of Representatives to be chosen in each State and Territory at a general election shall be in accordance with the last determination made under subsection 48(1) before that general election.
51 Choice of member for Territory
Subject to subsection 95AA(3), a member of the House of Representatives representing a Territory shall be directly chosen by the people of the Territory.
53 Powers, privileges and immunities of member for Territory
(1) A member of the House of Representatives chosen in a Territory has all the powers, privileges and immunities of a member of the House of Representatives chosen in a State and:
(a) shall be included in the whole number of the members of the House of Representatives for the purpose of ascertaining the number of members necessary to constitute a meeting of the House for the exercise of its powers and, if present, shall be counted for the purpose of determining whether the necessary number of members are present; and
(b) has a vote on all questions arising in the House.
(2) The provisions contained in sections 32, 33, 37 and 38 and sections 42 to 48 (inclusive) of the Constitution, to the extent (if any) to which they do not apply, by virtue of the Constitution, in relation to a member of the House of Representatives chosen in a Territory, apply, by force of this subsection, in relation to such a member in the same way as they apply in relation to a member of the House of Representatives chosen in a State.
54 Time of elections of members for Territories
An election of the members of the House of Representatives to be chosen in a Territory shall be held at the same time as each general election.
Part IV—Electoral Divisions
55 Interpretation
(1) In this Part:
average divisional enrolment, in relation to a State or the Australian Capital Territory, means:
(a) subject to paragraph (b), the number ascertained by dividing the number of electors enrolled in the State or Territory by the number of Divisions into which the State or Territory is for the time being distributed; or
(b) in a case where the number ascertained in accordance with paragraph (a) includes a fraction—the number so ascertained:
(i) if the fraction is less than one‑half—reduced to the nearest whole number; or
(ii) if the fraction is one‑half or more—increased to the nearest whole number.
Territory means the Australian Capital Territory.
(2) A person:
(a) whose name has been placed on a Roll in pursuance of a claim made under section 100; and
(b) who has not attained 18 years of age;
shall be taken, for the purposes of this Part, not to be an elector.
55A Application to Northern Territory
If, under subsection 48(2A), the Electoral Commissioner determines that the number of members of the House of Representatives to be chosen in the Northern Territory at a general election is 2 or a greater number, this Part shall, on and from the making of the determination, apply to the Northern Territory as if:
(a) a reference to a State included a reference to the Northern Territory; and
(b) a reference to a determination under subsection 48(1) were a reference to a determination under subsection 48(2A).
56 States and Australian Capital Territory to be distributed into Electoral Divisions
Each State and the Australian Capital Territory shall be distributed into Electoral Divisions.
56A Certain Territories to be included in same Division
Until the Electoral Commissioner, under subsection 48(2A), determines that a member of the House of Representatives be chosen in the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island at a general election, any distribution or redistribution of the Northern Territory into electoral divisions under this Act shall be such that those territories are included in the same Division.
57 One member to be chosen for each Electoral Division
One member of the House of Representatives shall be chosen for each Electoral Division.
58 Monthly ascertainment of enrolment etc.
(1) The Electoral Commissioner shall, forthwith after the end of each month:
(a) ascertain, in respect of each State and the Australian Capital Territory, as at the close of a day in the month, the number of electors enrolled in each Division;
(b) determine, in respect of each State and the Australian Capital Territory, as at the close of that day in the month:
(i) the average divisional enrolment; and
(ii) the extent to which the number of electors enrolled in each Division differs from the average divisional enrolment; and
(c) cause a statement setting out the matters so ascertained and determined to be published forthwith in the Gazette.
(2) Nothing in subsection (1) shall be taken to require a determination under that subsection to be made in respect of the several States and the Australian Capital Territory as at the close of the same day in a month.
(3) A determination under subsection (1) shall be made by instrument in writing.
59 Times at which redistributions are to commence
(1) A redistribution of a State or the Australian Capital Territory into Divisions shall commence whenever the Electoral Commission so directs by notice published in the Gazette.
(2) Subject to subsections (3) and (5), a direction under subsection (1) shall be made in relation to a State:
(a) forthwith after the making of a determination under subsection 48(1) that results in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election;
(b) whenever it appears to the Electoral Commission, from statements published under subsection 58(1), that more than one‑third of the Divisions in the State are, and have, for a period of more than 2 months, been, malapportioned Divisions; and
(c) if a period of 7 years after the day on which the State was last distributed into Electoral Divisions by a determination under subsection 73(1) expires, within 30 days after the expiration of the period of 7 years;
and not otherwise.
(3) A direction under subsection (1) shall not be made in relation to a State by virtue of paragraph (2)(b) or (c):
(a) if the State is undergoing redistribution into Divisions; or
(b) within one year before the date of expiry of a House of Representatives by effluxion of time.
(4) If a period of 7 years after the day on which a State was last distributed into Electoral Divisions by a determination under subsection 73(1) expires within one year before the date of expiry of a House of Representatives by effluxion of time, subsection (2) of this section has effect, in relation to the expiration of that first‑mentioned period, as if the reference in paragraph (c) to within 30 days after the expiration of the period of 7 years were a reference to within 30 days after the day of the first meeting of the next following House of Representatives.
(5) Where:
(a) a direction under subsection (1) is, but for this subsection, required by subsection (2) (including that subsection as affected by subsection (4)) to be made in relation to a State at any time within 13 months after the day of the first meeting of a House of Representatives;
(b) a determination under subsection 48(1) has not been made after the day of that first meeting; and
(c) the Electoral Commission is of the opinion that the next following determination under subsection 48(1) will or may result in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election;
the Electoral Commission may, by notice published in the Gazette, direct that subsection (2) does not apply in relation to the State until the making of the determination referred to in paragraph (c).
(6) Where:
(a) a State is undergoing redistribution into Divisions; and
(b) a direction under subsection (1) is made in relation to the State by virtue of paragraph (2)(a);
the redistribution of the State into Divisions, being the redistribution referred to in paragraph (a) of this subsection, is, by force of this subsection, terminated.
(7) Subject to subsections (8) and (9A), a direction under subsection (1) shall be made in relation to the Australian Capital Territory:
(aa) forthwith after the making of a determination under subsection 48(1) that results in an alteration of the number of members of the House of Representatives to be chosen in the Territory at a general election; and
(a) whenever it appears to the Electoral Commission, from statements published under subsection 58(1), that a Division in the Territory is, and has, for a period of more than 2 months, been, a malapportioned Division; and
(b) if a period of 7 years after the day on which the Territory was last distributed into Electoral Divisions by a determination under subsection 73(1) expires, within 30 days after the expiration of the period of 7 years;
and not otherwise.
(8) A direction under subsection (1) shall not be made in relation to the Australian Capital Territory by virtue of paragraph (7)(a) or (b):
(a) if the Territory is undergoing redistribution into Divisions; or
(b) within one year before the date of expiry of a House of Representatives by effluxion of time.
(9) If a period of 7 years after the day on which the Australian Capital Territory was last distributed into Electoral Divisions by a determination under subsection 73(1) expires within one year before the date of expiry of a House of Representatives by effluxion of time, subsection (7) of this section has effect, in relation to the expiration of that first‑mentioned period, as if the reference in paragraph (b) to within 30 days after the expiration of the period of 7 years were a reference to within 30 days after the day of the first meeting of the next following House of Representatives.
(9A) Where:
(a) a direction under subsection (1) is, but for this subsection, required by subsection (7) (including that subsection as affected by subsection (9)) to be made in relation to the Australian Capital Territory at any time within 13 months after the day of the first meeting of a House of Representatives; and
(b) a determination under subsection 48(1) has not been made after the day of that first meeting; and
(c) the Electoral Commission is of the opinion that the next following determination under subsection 48(1) will or may result in an alteration of the number of members of the House of Representatives to be chosen in the Territory at a general election;
the Electoral Commission may, by notice published in the Gazette, direct that subsection (7) does not apply in relation to the Territory until the making of the determination referred to in paragraph (c).
(9B) Where:
(a) the Australian Capital Territory is undergoing redistribution into Divisions; and
(b) a direction under subsection (1) is made in relation to the Territory by virtue of paragraph (7)(aa);
the redistribution of the Territory into Divisions, being the redistribution referred to in paragraph (a), is, by force of this subsection, terminated.
(10) A reference in this section to a malapportioned Division is a reference to a Division in a State or the Australian Capital Territory in which the number of electors enrolled differs from the average divisional enrolment of the State or Territory to a greater extent than one‑tenth more or one‑tenth less.
(11) For the purposes of this section, a State or the Australian Capital Territory is undergoing redistribution into Divisions if:
(a) a redistribution of the State or Territory into Divisions has commenced by virtue of a direction under subsection (1);
(b) the redistribution of the State or Territory has not been terminated under subsection (6) or (9B), as the case requires; and
(c) the State or Territory has not been distributed into Electoral Divisions as a result of the redistribution so commenced.
60 Redistribution Committee
(1) For the purposes of each redistribution of a State, the Electoral Commission shall, as soon as practicable after the commencement of the redistribution, appoint, by instrument in writing, a Redistribution Committee for the State.
(2) Subject to subsections (3), (3A) and (4), the members of a Redistribution Committee for a State shall be:
(a) the Electoral Commissioner; and
(b) the Australian Electoral Officer for the State; and
(c) either:
(i) the Surveyor‑General for the State; or
(ii) if there is no office of Surveyor‑General for the State—the person nominated by the relevant State Minister as the person holding the office equivalent to the office of Surveyor‑General for the State; and
(d) the Auditor‑General of the State.
(3) If the Surveyor‑General for the State is not available to serve as a member of the Redistribution Committee, the Electoral Commission shall appoint:
(a) in a case where there is a Deputy Surveyor‑General for the State who is available to serve as a member of the Redistribution Committee—a Deputy Surveyor‑General for the State who is so available; or
(b) in any other case—a person nominated for the purpose by the Governor‑General, being a senior person appointed or engaged under the Public Service Act 1999 from the State;
as a member of the Redistribution Committee in lieu of the Surveyor‑General for the State.
(3A) If:
(a) the person nominated under subparagraph (2)(c)(ii) is not available to serve as a member of the Redistribution Committee; or
(b) no nomination is in force under that subparagraph;
the Electoral Commission must appoint:
(c) a person who:
(i) is available to serve as a member of the Redistribution Committee; and
(ii) has been nominated by the relevant State Minister as a person holding an office equivalent to an office of Deputy Surveyor‑General for the State; or
(d) if there is no such person—a senior person appointed or engaged under the Public Service Act 1999 from the State nominated for the purpose by the Governor‑General;
as a member of the Redistribution Committee.
(3B) For the purposes of this section, an office is equivalent to an office of Surveyor‑General for a State if, in the opinion of the relevant State Minister, the functions of the office are the same as, substantially the same as, or include, functions that would be performed by a Surveyor‑General for the State.
(3C) For the purposes of this section, an office is equivalent to an office of Deputy Surveyor‑General for a State if, in the opinion of the relevant State Minister, the functions of the office are the same as, substantially the same as, or include, functions that would be performed by a Deputy Surveyor‑General for the State.
(4) If the Auditor‑General of the State is not available to serve as a member of the Redistribution Committee, the Electoral Commission shall appoint:
(a) in a case where there is a Deputy Auditor‑General of the State who is available to serve as a member of the Redistribution Committee—a Deputy Auditor‑General of the State who is so available; or
(b) in any other case—a person nominated for the purpose by the Governor‑General, being a senior person appointed or engaged under the Public Service Act 1999 from the State;
as a member of the Redistribution Committee in lieu of the Auditor‑General of the State.
(5) Subject to subsection (6), the performance of the functions, and the exercise of the powers, of a Redistribution Committee for a State are not affected by reason only of there being a vacancy, or a change or changes, in the membership of the Redistribution Committee.
(6) Where, within any period of not more than 30 days (being a period before the making under subsection 66(1) of a proposed redistribution of the State by the Redistribution Committee), 2 or more persons who are members of the Redistribution Committee die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the Redistribution Committee, the Electoral Commission shall, by instrument in writing, revoke the appointment of the Redistribution Committee and appoint, for the purposes of the redistribution, another Redistribution Committee for the State in accordance with subsections (2), (3), (3A) and (4).
(7) Where, in pursuance of subsection (6), the Electoral Commission revokes the appointment of a Redistribution Committee for a State and appoints another Redistribution Committee for the State, the provisions of this Part apply as if the first‑mentioned Redistribution Committee had never been appointed.
(7A) This section applies to the Australian Capital Territory as if:
(a) references in this section to a State included references to the Australian Capital Territory; and
(b) the reference in paragraph (2)(b) to “the Australian Electoral Officer for the State” were a reference to “the senior Divisional Returning Officer for the Australian Capital Territory”.
(7B) For the purposes of the redistribution, the Electoral Commission must determine in writing which of the Divisional Returning Officers for the Divisions in the Australian Capital Territory is to be the senior Divisional Returning Officer for the Territory.
(8) In this section:
relevant State Minister, in relation to a State, means:
(a) the Minister of State of that State who has responsibility, or the principal responsibility, for matters relating to land surveying and mapping in that State; or
(b) another Minister of State of that State acting for and on behalf of the Minister referred to in paragraph (a).
62 Proceedings at meetings of Redistribution Committee etc.
(1) The Electoral Commissioner may, at any time, convene a meeting of a Redistribution Committee for a State or the Australian Capital Territory.
(2) The Electoral Commissioner shall preside at all meetings of a Redistribution Committee at which he or she is present.
(3) If the Electoral Commissioner is not present at a meeting of a Redistribution Committee for a State, the Australian Electoral Officer for the State shall preside.
(4) If the Electoral Commissioner is not present at a meeting of a Redistribution Committee for the Australian Capital Territory, the senior Divisional Returning Officer for the Territory shall preside.
(5) At a meeting of a Redistribution Committee, 3 members constitute a quorum.
(6) Questions arising at a meeting of a Redistribution Committee shall be determined by a majority of the votes of the members present and voting.
(7) The member presiding at a meeting of a Redistribution Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(8) A Redistribution Committee may regulate the conduct of proceedings at its meetings as it thinks fit.
(9) A Redistribution Committee may inform itself on any matter in such manner as it thinks fit and may consult with such persons as it thinks fit.
(10) The Electoral Commission shall, on request by a Redistribution Committee, supply the Redistribution Committee with all such information, and provide the Redistribution Committee with all such assistance, as it requires for the purposes of this Part.
63 Sub‑committees
(1) A Redistribution Committee for a State or the Australian Capital Territory may, by instrument in writing, appoint sub‑committees to assist it.
(2) A sub‑committee shall consist of 3 members of the Redistribution Committee.
63A Projection time for equality of enrolments
(1) This section defines the projection time for the purpose of applying sections 66 and 73 in relation to a redistribution (the current redistribution) of a State or Territory.
(2) The projection time is the end of the period of 3 years and 6 months after the starting time for the projection, unless the Electoral Commission determines an earlier time under subsection (3) of this section.
(3) If the Electoral Commission is of the opinion that a further redistribution of the State or Territory will or may be required, as a result of a determination under section 48, sooner than 7 years after the starting time for the projection, the Electoral Commission may determine that the projection time will be a time that is half‑way between:
(a) the starting time for the projection; and
(b) the time when, in the opinion of the Electoral Commission, the further redistribution will or may be required.
(4) A determination under subsection (3) must be published in the Gazette not later than the time when a notice is published in the Gazette under subsection 64(1) in relation to the current redistribution.
(5) In this section:
starting time for the projection means the time of making the determination referred to in subsection 73(4).
64 Suggestions and comments relating to redistribution
(1) As soon as practicable after the commencement of a redistribution of a State or the Australian Capital Territory, the Electoral Commissioner must publish a notice in the Gazette and in 2 newspapers circulating throughout the State or Territory (or, if there is only 1 such newspaper, in that newspaper):
(a) inviting written suggestions relating to the redistribution of the State or Territory to be lodged with the Redistribution Committee for the State or Territory before 6 pm on the 5th Friday after publication of the notice in the Gazette; and
(b) inviting written comments on suggestions lodged under paragraph (a) to be lodged with the Redistribution Committee for the State or Territory before 6 pm on the 7th Friday after publication of the notice in the Gazette.
(2) The notice in the Gazette must be published on a Wednesday. The notice need not be published on the same day in the newspapers.
(3) The Redistribution Committee must cause copies of the suggestions lodged under paragraph (1)(a) to be made available for perusal, starting on the 5th Monday after publication of the notice in the Gazette. The copies must be made available at:
(a) the office of the Australian Electoral Officer for the State, in the case of a redistribution of a State; or
(b) the office of the senior Divisional Returning Officer for the Australian Capital Territory, in the case of a redistribution of the Australian Capital Territory.
(4) The Redistribution Committee must consider all the suggestions and comments lodged with it under subsection (1).
65 Quota
(1) For the purposes of each redistribution of a State or the Australian Capital Territory, the Electoral Commissioner shall, by instrument in writing, determine, in accordance with subsection (2), the quota of electors for the State or Territory.
(2) As soon as practicable after the redistribution commences, the quota of electors for a State or the Australian Capital Territory shall be determined by the Electoral Commissioner by dividing the number, as nearly as can be ascertained by him or her, of electors enrolled in the State or Territory at the end of the day on which the redistribution commenced by the number of members of the House of Representatives to be chosen in the State or Territory at a general election and:
(a) if the number so obtained includes a fraction that is less than one‑half—reducing that number to the nearest whole number; or
(b) if the number so obtained includes a fraction that is one‑half or more—increasing that number to the nearest whole number.
66 Redistribution Committee to make proposed redistribution
(1) A Redistribution Committee for a State or the Australian Capital Territory shall, in accordance with subsections (2), (3) and (4), make a proposed redistribution of the State or Territory.
(2) The proposed redistribution shall propose the distribution of the State or Territory into Electoral Divisions equal in number to the number of members of the House of Representatives to be chosen in the State or Territory at a general election.
(3) In making the proposed redistribution, the Redistribution Committee:
(a) shall, as far as practicable, endeavour to ensure that, if the State or Territory were redistributed in accordance with the proposed redistribution, the number of electors enrolled in each Electoral Division in the State or Territory would not, at the projection time determined under section 63A, be less than 96.5% or more than 103.5% of the average divisional enrolment of that State or Territory at that time; and
(b) subject to paragraph (a), shall give due consideration, in relation to each proposed Electoral Division, to:
(i) community of interests within the proposed Electoral Division, including economic, social and regional interests;
(ii) means of communication and travel within the proposed Electoral Division;
(iv) the physical features and area of the proposed Electoral Division; and
(v) the boundaries of existing Divisions in the State or Territory;
and subject thereto the quota of electors for the State or Territory shall be the basis for the proposed redistribution, and the Redistribution Committee may adopt a margin of allowance, to be used whenever necessary, but in no case shall the quota be departed from to a greater extent than one‑tenth more or one‑tenth less.
(3A) When applying subsection (3), the Redistribution Committee must treat the matter in subparagraph (3)(b)(v) as subordinate to the matters in subparagraphs (3)(b)(i), (ii) and (iv).
(4) In a proposed redistribution of the Australian Capital Territory, the whole of the Jervis Bay Territory shall be included in one proposed Electoral Division.
67 Reasons for proposed redistribution
A Redistribution Committee for a State or the Australian Capital Territory shall state, in writing, its reasons for the proposed redistribution made by it under subsection 66(1) and any member of the Redistribution Committee who disagrees with the proposed redistribution may state in writing the reasons for his or her disagreement.
67A Outline of proposed redistribution
At any time before the publication of the notice referred to in paragraph 68(1)(c), a Redistribution Committee for a State or the Australian Capital Territory may, whether by issuing a statement to the media or otherwise, make publicly known the outline of its plan for the proposed redistribution of the State or Territory.
68 Notice of proposed redistribution
(1) A Redistribution Committee for a State or the Australian Capital Territory shall, as soon as practicable after it has made its proposed redistribution of the State or Territory:
(a) cause a map or maps showing the names and boundaries of each proposed Electoral Division in the State or Territory to be exhibited at each office of the Electoral Commission in the State or Territory;
(b) cause copies of:
(i) the suggestions and comments lodged under subsection 64(1);
(ii) descriptions (whether by reference to a map or plan or otherwise) of the boundaries of each proposed Electoral Division;
(iii) its reasons for the proposed redistribution; and
(iv) if a member of the Redistribution Committee has stated in writing reasons for his or her disagreement with the proposed redistribution—those reasons;
to be made available for perusal at each office of the Electoral Commission in the State or Territory;
(c) by notice published in the Gazette on a Friday, invite public attention to the exhibition of the map or maps referred to in paragraph (a) and to the availability for perusal of copies of the suggestions and comments, descriptions and reasons referred to in paragraph (b); and
(d) cause to be published in:
(i) 2 newspapers circulating throughout the State or Territory; and
(ii) such regional newspapers circulating in the region or regions affected by the proposed redistribution as the Redistribution Committee determines;
a notice in writing inviting public attention to the availability for perusal of copies of the comments and suggestions, descriptions and reasons referred to in paragraph (b), together with:
(iii) in the case of a notice published in a newspaper referred to in subparagraph (i), a map or maps showing the names and boundaries of each proposed Electoral Division in the State or Territory; and
(iv) in the case of a notice published in a regional newspaper, a map or maps showing the effects of the proposed redistribution in the region or regions in which that newspaper circulates.
(2) A notice published under paragraph (1)(c) or (d) must include a statement:
(a) inviting written objections against the proposed redistribution to be lodged with the Electoral Commission before 6 pm on the 4th Friday after publication of the notice in the Gazette under paragraph (1)(c); and
(b) inviting written comments on objections lodged under subsection 69(1) to be lodged with the Electoral Commission before 6 pm on the 6th Friday after publication of the notice in the Gazette.
69 Objections against proposed redistribution
(1) A person or organization may, within the period allowed under paragraph 68(2)(a), lodge with the Electoral Commission a written objection against the proposed redistribution.
(2) The Electoral Commission must cause copies of the objections lodged under subsection (1) to be made available for perusal, starting on the 5th Monday after publication in the Gazette of the notice referred to in paragraph 68(1)(c).
(3) A person or organisation may, within the period allowed under paragraph 68(2)(b), lodge with the Electoral Commission written comments on objections lodged under subsection (1) of this section.
(4) The Electoral Commission must cause copies of the comments lodged under subsection (3) to be made available for perusal, starting on the 7th Monday after publication in the Gazette of the notice referred to in paragraph 68(1)(c).
(5) The documents required to be made available for perusal under subsections (2) and (4) must be made available at:
(a) in the case of a redistribution of a State—the office of the Australian Electoral Officer for the State; and
(b) in the case of a redistribution of the Australian Capital Territory—the office of the senior Divisional Returning Officer for the Territory.
70 Augmented Electoral Commission
(1) For the purposes of each redistribution of a State or the Australian Capital Territory, there is established by this subsection an augmented Electoral Commission for the State or Territory.
(2) The members of an augmented Electoral Commission for a State or the Australian Capital Territory shall be:
(a) the Chairperson of the Electoral Commission;
(b) the member of the Electoral Commission referred to in paragraph 6(2)(c); and
(c) the members of the Redistribution Committee for the State or Territory.
(3) Subject to subsection (4), the performance of the functions, and the exercise of the powers, of an augmented Electoral Commission for a State or the Australian Capital Territory are not affected by reason only of there being a vacancy or vacancies, or a change or changes, in the membership of the augmented Electoral Commission.
(4) Where, within any period (in paragraph (b) referred to as the relevant period) of not more than 30 days (being a period after the making under subsection 66(1) of a proposed redistribution of the State or Territory by the Redistribution Committee for the State or Territory), 2 or more persons who are members of the augmented Electoral Commission die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the augmented Electoral Commission:
(a) the augmented Electoral Commission must reconsider all objections and comments lodged with the Electoral Commission under section 69 in relation to the proposed redistribution, being objections and comments that had previously been considered by the augmented Electoral Commission;
(b) subsection 72(2) has effect as if the reference in that subsection to 60 days after the expiration of the period referred to in section 69 were a reference to 60 days after the expiration of the relevant period.
71 Proceedings at meetings of augmented Electoral Commission etc.
(1) The Chairperson of the Electoral Commission may, at any time, convene a meeting of an augmented Electoral Commission for a State or the Australian Capital Territory.
(2) The Chairperson of the Electoral Commission shall preside at all meetings of an augmented Electoral Commission at which he or she is present.
(3) If the Chairperson of the Electoral Commission is not present at a meeting of an augmented Electoral Commission:
(a) the Electoral Commissioner shall preside; or
(b) if the Electoral Commissioner is not present at the meeting—the members present shall appoint one of their number to preside.
(4) At a meeting of an augmented Electoral Commission, 4 members constitute a quorum.
(5) Subject to subsection (6), questions arising at a meeting of an augmented Electoral Commission shall be determined by a majority of the votes of the members present and voting.
(6) A determination under subsection 73(1) shall not be made unless not less than 4 members of the augmented Electoral Commission, of whom not less than 2 are members of the Electoral Commission, vote in favour of the making of the determination.
(7) Subject to subsection (8), the member presiding at a meeting of an augmented Electoral Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(8) The casting vote of the member presiding at a meeting of an augmented Electoral Commission shall not be used to vote in favour of the making of a determination under subsection 73(1).
(9) An augmented Electoral Commission may regulate the conduct of proceedings at its meetings as it thinks fit.
(10) Subject to section 72, an augmented Electoral Commission may inform itself on any matter in such manner as it thinks fit.
(11) The Electoral Commission shall, on request by an augmented Electoral Commission, supply the augmented Electoral Commission with all such information, and provide the augmented Electoral Commission with all such assistance, as it requires for the purposes of this Part.
72 Consideration of objections
(1) An augmented Electoral Commission for a State or the Australian Capital Territory shall consider all initial objections, initial comments and further objections.
(2) The augmented Electoral Commission shall complete its consideration of the initial objections as soon as is practicable and, in any event, before the expiration of the period of 60 days after the expiration of the period referred to in subsection 69(3).
(3) The augmented Electoral Commission shall hold an inquiry into an objection unless it is of the opinion that:
(a) the matters raised in the objection were raised, or are substantially the same as matters that were raised, in:
(i) suggestions relating to the redistribution lodged with the Redistribution Committee for the State or Territory in pursuance of paragraph 64(1)(a); or
(ii) comments lodged with the Redistribution Committee in pursuance of paragraph 64(1)(b); or
(b) the objection is frivolous or vexatious.
(4) The augmented Electoral Commission may hold one inquiry into a number of initial objections.
(5) Proceedings before the augmented Electoral Commission at an inquiry into an initial objection shall be held in public.
(6) At an inquiry into an initial objection, submissions in relation to the objection may be made to the augmented Electoral Commission by any person or organisation.
(7) At an inquiry into an initial objection, the augmented Electoral Commission shall consider all of the submissions made to it in relation to the objection.
(8) The augmented Electoral Commission is not bound by the legal rules of evidence and may regulate the conduct of proceedings at an inquiry into an initial objection as it thinks fit.
(9) Without limiting the generality of subsection (8), the manner in which submissions may be made to the augmented Electoral Commission, the time within which submissions may be made to the augmented Electoral Commission and the extent to which the augmented Electoral Commission may be addressed, and the persons by whom it may be addressed, on any submission are within the absolute discretion of the augmented Electoral Commission.
(10) As soon as is practicable after the augmented Electoral Commission has concluded its inquiries into initial objections, it shall:
(a) make a proposed redistribution of the State or Territory; and
(b) make a public announcement, in accordance with subsection (12), whether by the issuing of a statement to the media or by some other expeditious means.
(11) Section 66 applies to the making of a proposed redistribution under subsection (10) as if a reference in that section to a Redistribution Committee were a reference to an augmented Electoral Commission.
(12) The public announcement referred to in subsection (10) shall include:
(a) the substance of the findings or conclusions of the augmented Electoral Commission concerning the initial objections and concerning the Redistribution Committee proposal;
(b) the augmented Electoral Commission proposal;
(c) a statement whether, in the opinion of the augmented Electoral Commission, its proposal is significantly different from the Redistribution Committee proposal; and
(d) if, in the opinion of the augmented Electoral Commission, its proposal is significantly different from the Redistribution Committee proposal—a statement to the effect that:
(i) any person or organisation may, before the end of the period of 7 days beginning on the day of the announcement, lodge with the Electoral Commission a written further objection; and
(ii) subject to subsection (3), the augmented Electoral Commission will hold an inquiry into a further objection.
(13) If the public announcement made pursuant to subsection (10) includes a statement under paragraph (12)(d):
(a) any person or organisation may, before the end of the period of 7 days beginning on the day of the announcement, lodge with the Electoral Commission a written further objection; and
(b) subject to subsection (3), the augmented Electoral Commission shall hold an inquiry into a further objection; and
(ba) the augmented Electoral Commission must complete its inquiry into a further objection as soon as is practicable and, in any event, before the end of the period of 14 days after the end of the period referred to in paragraph (a); and
(c) subsections (3), (4), (5), (6), (7), (8) and (9) apply to an inquiry into a further objection as if the further objection were an initial objection.
(14) In this section:
augmented Electoral Commission proposal means the redistribution proposed by the augmented Electoral Commission under subsection (10).
initial comments means comments lodged with the Electoral Commission under subsection 69(3).
initial objection means an objection against the Redistribution Committee proposal lodged with the Electoral Commission under section 69.
further objection means an objection against the augmented Electoral Commission proposal lodged with the Electoral Commission under paragraph (13)(a).
Redistribution Committee proposal means the redistribution proposed by the Redistribution Committee under section 66.
73 Redistribution of State or Australian Capital Territory
(1) An augmented Electoral Commission for a State or the Australian Capital Territory shall, in accordance with subsections (3), (4) and (5), determine, by notice published in the Gazette, the names and boundaries of the Electoral Divisions into which the State or Territory is to be distributed and, subject to subsections (6) and (7), those Electoral Divisions shall, until altered by a determination under this subsection or subsection 76(6), be the Divisions in the State or Territory.
(2) The augmented Electoral Commission shall make a determination under subsection (1) as soon as practicable after it has considered, in accordance with section 72, all the initial objections and any further objections.
(3) The determination shall distribute the State or Territory into Electoral Divisions equal in number to the number of members of the House of Representatives to be chosen in the State or Territory at a general election.
(4) In making the determination, the augmented Electoral Commission:
(a) shall, as far as practicable, endeavour to ensure that the number of electors enrolled in each Electoral Division in the State or Territory will not, at the projection time determined under section 63A, be less than 96.5% or more than 103.5% of the average divisional enrolment of that State or Territory at that time; and
(b) subject to paragraph (a), shall give due consideration, in relation to each Electoral Division, to:
(i) community of interests within the Electoral Division, including economic, social and regional interests;
(ii) means of communication and travel within the Electoral Division;
(iv) the physical features and area of the Electoral Division; and
(v) the boundaries of existing Divisions in the State or Territory;
and subject thereto the quota of electors for the State or Territory shall be the basis for the redistribution, and the augmented Electoral Commission may adopt a margin of allowance, to be used whenever necessary, but in no case shall the quota be departed from to a greater extent than one‑tenth more or one‑tenth less.
(4A) When applying subsection (4), the augmented Electoral Commission must treat the matter in subparagraph (4)(b)(v) as subordinate to the matters in subparagraphs (4)(b)(i), (ii) and (iv).
(5) In a redistribution of the Australian Capital Territory, the whole of the Jervis Bay Territory shall be included in one Electoral Division.
(6) Until the next following expiration or dissolution of the House of Representatives, the redistribution does not affect the election of a new member to fill a vacancy happening in the House of Representatives.
(7) For the purposes of any such election, the Divisions that existed before the redistribution, and the Rolls for those Divisions, continue to have full force and effect, notwithstanding the redistribution and that new Rolls have been prepared for the new Divisions.
(8) The augmented Electoral Commission may, when it makes a determination under subsection (1), make a public announcement as to:
(a) the substance of its findings or conclusions concerning the initial objections and any further objections; and
(b) its determination.
(9) In this section:
initial objection has the same meaning as in section 72.
further objection has the same meaning as in section 72.
74 Reasons for determination made by augmented Electoral Commission
An augmented Electoral Commission for a State or the Australian Capital Territory shall state, in writing, its reasons for the determination made by it under subsection 73(1) and any member of the augmented Electoral Commission who disagrees with the determination may state in writing the reasons for his or her disagreement.
75 Copies of certain documents to be forwarded to Minister
(1) The Electoral Commission shall, as soon as practicable after an augmented Electoral Commission for a State or the Australian Capital Territory has determined under subsection 73(1) the names and boundaries of the Electoral Divisions into which the State or Territory is to be distributed, forward to the Minister a copy of:
(a) the suggestions relating to the redistribution of the State or Territory lodged with the Redistribution Committee for the State or Territory in pursuance of paragraph 64(1)(a);
(b) the comments lodged with the Redistribution Committee in pursuance of paragraph 64(1)(b);
(c) the proposed redistribution made by the Redistribution Committee and its reasons for the proposed redistribution;
(d) if a member of the Redistribution Committee has stated in writing the reasons for his or her disagreement with the proposed redistribution—those reasons;
(e) the objections and comments lodged with the Electoral Commission under section 69;
(ea) the written record (if any) of the proceedings at any inquiry held under subsection 72(3);
(f) the determination of the augmented Electoral Commission under subsection 73(1) and its reasons for the determination; and
(g) if a member of the augmented Electoral Commission has stated in writing the reasons for his or her disagreement with the determination made by the augmented Electoral Commission—those reasons.
(2) The Minister shall cause copies of the suggestions, comments, proposed redistribution, reasons, objections, written record and determination referred to in subsection (1) to be laid before each House of the Parliament within 5 sitting days of that House after receiving a copy of them.
76 Mini‑redistribution
(1) Where, on a day (in this section referred to as the relevant day) on which the Governor‑General causes writs (in this section referred to as the writs) for a general election to be issued, the number (in this section referred to as the present entitlement of the State) of members of the House of Representatives to be chosen in a State at the general election differs from the number (in this section referred to as the previous entitlement of the State) of Divisions in accordance with which the State is for the time being distributed, a redistribution of the State into Divisions shall take place under this section.
(2) For the purposes of the redistribution, the Electoral Commissioner and the Australian Electoral Officer for the State shall be the Redistribution Commissioners for the State.
(3) Forthwith after the issue of the writs, the Redistribution Commissioners for the State shall, subject to subsections (4) and (5):
(a) in a case where the present entitlement of the State is greater than the previous entitlement of the State:
(i) prepare a list of all possible pairs of contiguous Divisions in the State;
(ii) ascertain the number of electors enrolled in each possible pair of contiguous Divisions;
(iii) set aside the pair of contiguous Divisions that has the greatest number of electors enrolled;
(iv) if the difference between the present entitlement of the State and the previous entitlement of the State is 2—delete from the list all possible pairs of contiguous Divisions containing a Division included in the pair of contiguous Divisions set aside in pursuance of subparagraph (iii) and set aside the pair of contiguous Divisions remaining on the list that has the greatest number of electors enrolled; and
(v) if the difference between the present entitlement of the State and the previous entitlement of the State is greater than 2—continue successively deleting from the list all possible pairs of contiguous Divisions containing a Division included in a pair of contiguous Divisions set aside in pursuance of subparagraph (iv) or of this subparagraph, and setting aside the pair of contiguous Divisions remaining on the list that has the greatest number of electors enrolled, until the number of pairs of contiguous Divisions set aside in pursuance of this paragraph is equal to the difference between the present entitlement of the State and the previous entitlement of the State; and
(b) in a case where the present entitlement of the State is less than the previous entitlement of the State:
(i) prepare a list of all possible pairs of contiguous Divisions in the State;
(ii) ascertain the number of electors enrolled in each possible pair of contiguous Divisions;
(iii) set aside the pair of contiguous Divisions that has the smallest number of electors enrolled;
(iv) if the difference between the present entitlement of the State and the previous entitlement of the State is 2—delete from the list all possible pairs of contiguous Divisions containing a Division included in the pair of contiguous Divisions set aside in pursuance of subparagraph (iii) and set aside the pair of contiguous Divisions remaining on the list that has the smallest number of electors enrolled; and
(v) if the difference between the present entitlement of the State and the previous entitlement of the State is greater than 2—continue successively deleting from the list all possible pairs of contiguous Divisions containing a Division included in a pair of contiguous Divisions set aside in pursuance of subparagraph (iv) or of this subparagraph, and setting aside the pair of contiguous Divisions remaining on the list that has the smallest number of electors enrolled, until the number of pairs of contiguous Divisions set aside in pursuance of this paragraph is equal to the difference between the present entitlement of the State and the previous entitlement of the State.
(4) Where, on or remaining on a list prepared in pursuance of paragraph (3)(a), there are 2 or more pairs of contiguous Divisions (in this subsection referred to as the relevant pairs of contiguous Divisions) that have the same number of electors enrolled and there is no other pair of contiguous Divisions that has a greater number of electors enrolled, the pair of contiguous Divisions to be set aside in pursuance of that paragraph shall be determined from amongst the relevant pairs of contiguous Divisions by lot.
(5) Where, on or remaining on a list prepared in pursuance of paragraph (3)(b), there are 2 or more pairs of contiguous Divisions (in this subsection referred to as the relevant pairs of contiguous Divisions) that have the same number of electors enrolled and there is no other pair of contiguous Divisions that has a smaller number of electors enrolled, the pair of contiguous Divisions to be set aside in pursuance of that paragraph shall be determined from amongst the relevant pairs of contiguous Divisions by lot.
(6) The Redistribution Commissioners shall, in accordance with subsections (8) to (12) (inclusive), determine, by instrument in writing, the names and boundaries of the Electoral Divisions into which the State is to be distributed, and those Electoral Divisions shall, until altered by a determination under this subsection or subsection 73(1), be the Divisions in the State.
(7) The Redistribution Commissioners shall make a determination under subsection (6) as soon as practicable after they have, in accordance with subsection (3), set aside a number of pairs of contiguous Divisions in the State equal to the difference between the present entitlement of the State and the previous entitlement of the State and, in any event, before the expiration of the period of 7 days after the relevant day.
(8) The names and boundaries of the Divisions not included in a pair of contiguous Divisions set aside under subsection (3) shall not be altered.
(9) Where the present entitlement of the State is greater than the previous entitlement of the State, each pair of contiguous Divisions set aside in pursuance of paragraph (3)(a) shall be distributed into 3 Electoral Divisions in the following manner:
(a) the Population Census Collection Districts in the pair of contiguous Divisions, or the parts of such Districts that are within those Divisions, in the pair of contiguous Divisions shall be the basis for the redistribution and shall be allocated amongst the 3 Electoral Divisions without alteration;
(b) each Electoral Division shall, as far as practicable, contain the same number of electors enrolled;
(c) except in so far as discontinuous or separate boundaries are necessary for the purpose of including an island in an Electoral Division, the boundaries of each Electoral Division shall form an unbroken line.
(10) The 3 Electoral Divisions so formed from the pair of contiguous Divisions shall, as far as practicable, be named in the following manner:
(a) the Electoral Division that contains the greatest number of electors who were enrolled in one of the Divisions included in the pair of contiguous Divisions shall be given the name of that Division;
(b) the Electoral Division that contains the greatest number of electors who were enrolled in the other Division included in the pair of contiguous Divisions shall be given the name of that other Division;
(c) the Electoral Division remaining to be named after the application of paragraphs (a) and (b) shall have a name consisting of the names of each Division included in the pair of contiguous Divisions arranged in alphabetical order and hyphenated.
(11) Where the present entitlement of the State is less than the previous entitlement of the State, each pair of contiguous Divisions set aside in pursuance of paragraph (3)(b) shall be distributed into one Electoral Division.
(12) The Electoral Division so formed from the pair of contiguous Divisions shall have a name consisting of the names of each Division included in the pair of contiguous Divisions arranged in alphabetical order and hyphenated.
(13) The Redistribution Commissioners shall, forthwith after the making of the determination under subsection (6):
(a) forward to the Minister a copy of the determination; and
(b) cause a copy of the determination to be published forthwith in the Gazette and in 2 newspapers circulating throughout the State.
(14) The Minister shall cause copies of the determination to be laid before each House of the Parliament within 5 sitting days of that House after he or she receives a copy of the determination.
(15) The number of electors enrolled in each pair of contiguous Divisions in the State and in each Subdivision in each Division in the State shall, in so far as it is necessary to do so for the purposes of this section, be ascertained using only the last statement published under subsection 58(1) before the relevant day.
(16) Two Divisions in a State shall be taken, for the purposes of this section, to be contiguous Divisions if the boundaries of the Divisions actually touch in at least one place.
(16A) This section applies to the Australian Capital Territory as if:
(a) a reference to a State were a reference to the Australian Capital Territory;
(b) except in subsection (2), a reference to the Australian Electoral Officer for a State were a reference to the Electoral Commissioner; and
(c) subsection (2) were omitted and the following subsections substituted:
“(2) For the purposes of the redistribution, the Electoral Commissioner and the senior Divisional Returning Officer for the Territory shall be the Redistribution Commissioners for the Territory.
“(2A) In this section, senior Divisional Returning Officer for the Territory has the same meaning as in section 60.”.
(17) In this section, Population Census Collection District means an area designated by the Australian Bureau of Statistics as a Population Census Collection District for the purposes of the taking of the Census.
76A Application of section 76 to Northern Territory
If:
(a) this Part applies to the Northern Territory because of section 55A;
(b) the Northern Territory constitutes a single Division; and
(c) a redistribution of the Territory is required by subsection 76(1);
section 76 has effect, in its application to the Northern Territory, as if:
(d) subsections (3), (4) and (5) were omitted;
(e) subsections (6) to (12) (inclusive) were omitted and the following subsections substituted:
“(6) The Redistribution Commissioners shall, by instrument in writing, determine the names and boundaries of the Electoral Divisions into which the State is to be distributed, and those Electoral Divisions shall, until altered by a determination under this subsection or subsection 73(1), be the Divisions in the State.
“(7) The Redistribution Commissioners shall make a determination under subsection (6) as soon as practicable and, in any event, within 7 days after the relevant day.
“(8) In making a redistribution under subsection (6), the Redistribution Commissioners shall observe the following requirements:
(a) the Population Census Collection Districts in the State, or the parts of such districts that are within the State, shall be the basis for the distribution;
(b) each Electoral Division shall, as far as practicable, contain the same number of electors enrolled;
(c) except where discontinuous or separate boundaries are necessary for the purpose of including an island in an Electoral Division, the boundaries of each Electoral Division shall form an unbroken line.
“(9) The name to be given to each Electoral Division is within the discretion of the Redistribution Commissioners.”; and
(f) subsections (15) and (16) were omitted.
77 Decisions under Part final etc.
(1) Notwithstanding anything contained in any other law, but subject to the Constitution and to section 39B and Part VII of the Judiciary Act 1903, a decision by the Electoral Commissioner, the Electoral Commission, a Redistribution Committee for a State or the Australian Capital Territory, an augmented Electoral Commission for a State or the Australian Capital Territory or the Redistribution Commissioners for a State or the Australian Capital Territory made, or purporting to be made, under this Part (whether in the exercise of a discretion or not):
(a) is final and conclusive;
(b) shall not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and
(c) is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground.
(2) Without limiting the generality of subsection (1), the provisions of this Part (other than sections 56, 57 and 65, subsections 71(6) and (8), 73(1) and (3) to (7) (inclusive) and 76(1) to (6) (inclusive), (8) to (12) (inclusive) and (15) and (16), section 78 and this section) are directory only and any failure to comply with them, whether in whole or in part, shall not invalidate a decision of a kind referred to in subsection (1).
(3) A reference in subsection (1) to a decision made under this Part includes a reference to a refusal or failure to make a decision under this Part.
78 Improper influence
A person shall not improperly seek to influence a member of a Redistribution Committee for a State or the Australian Capital Territory, a member of an augmented Electoral Commission for a State or the Australian Capital Territory or a Redistribution Commissioner for a State or the Australian Capital Territory in the performance of his or her duties under this Part.
Penalty: $2,000 or imprisonment for 12 months, or both.
Part V—Subdivisions and polling places
79 Subdivisions
(1) Subject to subsection (2), the Electoral Commission may, by notice published in the Gazette:
(a) divide a Division into such Subdivisions (if any) as are specified and set out the boundaries of each Subdivision so specified; and
(b) divide the Northern Territory into such Districts as are specified and set out the boundaries of each District so specified.
(2) The Territory of Cocos (Keeling) Islands shall be one District of the Division of the Northern Territory and the Territory of Christmas Island shall be one District of the Division of that Territory.
(3) If the Northern Territory is distributed into Electoral Divisions under section 73 or under section 76, as it has effect by virtue of section 76A, this section shall have effect, after the distribution, as if:
(a) a reference in paragraph (1)(a) to a Division were a reference to a Division other than a Division in the Northern Territory;
(b) the words “the Northern Territory” were omitted from paragraph (1)(b) and the words “each Division in the Northern Territory” were substituted; and
(c) subsection (2) were omitted and the following subsection substituted:
“(2) The Territory of Christmas Island and the Territory of Cocos (Keeling) Islands shall each be a District of the Division in which they are included.”.
80 Polling places
(1) The Electoral Commissioner may in writing:
(a) appoint, by name, such polling places for each Division as he or she considers necessary;
(b) declare polling places appointed under paragraph (a) in respect of a Division to be polling places for a specified Subdivision of that Division; and
(c) abolish any polling place.
(2) No polling place for a Division shall be abolished after the issue of a writ relating, in whole or in part, to the taking of a poll in that Division and before the time appointed for its return.
(2A) The Electoral Commissioner must cause to be published, on the Electoral Commission’s website and in any other way he or she considers appropriate, notice of an appointment, declaration or abolition made under subsection (1).
(2B) Failure to publish notice of an appointment, declaration or abolition made under subsection (1), as required by subsection (2A), does not affect the validity of the appointment, declaration or abolition.
(3) The Electoral Commissioner shall, on at least one occasion after the issue of a writ relating, in whole or in part, to the taking of a poll in a Division but before the date fixed for the polling, if it is practicable to do so, publish in a newspaper circulating in that Division a notice:
(a) setting out all polling places in that Division; and
(b) setting out all places that were polling places for that Division at the later of:
(i) the time of the last election for which a poll was taken in that Division; and
(ii) the time of the last referendum (within the meaning of the Referendum (Machinery Provisions) Act 1984);
but that have been abolished since that time.
Part VI—Electoral Rolls
81 Electoral Rolls
(1) There shall be a Roll of the electors for each State and for each Territory.
82 Subdivision Rolls, Division Rolls and State and Territory Rolls
(1) There shall be a Roll for each Division.
(2) There shall be a separate Roll for each Subdivision.
(3) All the Subdivision Rolls for a Division shall together form the Roll for the Division.
(4) All the Division Rolls for a State or a Territory shall together form the Roll for that State or Territory, as the case requires.
83 Form of Rolls
(1) Subject to subsection (2) and section 104, the Rolls may be in the prescribed form, and shall set out the surname, Christian or given names and place of living of each elector and such further particulars as are prescribed.
(2) Where an elector is an eligible overseas elector or an itinerant elector, the Roll shall not set out the place of living of the elector.
84 Arrangement with States
(1) The Governor‑General may arrange with the Governor of a State, the Administrator of the Northern Territory or the Chief Minister of the Australian Capital Territory for, or for the carrying out of a procedure relating to, the preparation, alteration or revision of the Rolls, in any manner consistent with the provisions of this Act, jointly by the Commonwealth and the State, jointly by the Commonwealth and the Northern Territory or jointly by the Commonwealth and the Australian Capital Territory, as the case may be, whether for the purpose of the Rolls being used as Electoral Rolls for State elections, Northern Territory elections or Australian Capital Territory elections, as the case may be, as well as for Commonwealth elections, or for any other purpose.
(2) When any such arrangement has been made, the Rolls may contain:
(a) the names and descriptions of persons who are not entitled to be enrolled thereon as electors of the Commonwealth provided that it is clearly indicated in the prescribed manner that those persons are not enrolled thereon as Commonwealth electors;
(b) distinguishing marks against the names of persons enrolled as Commonwealth electors, to show that those persons are or are not also enrolled as State electors, Australian Capital Territory electors or Northern Territory electors; and
(c) other particulars in addition to the prescribed particulars;
and for the purposes of this Act the names, descriptions, marks, and particulars so contained shall not be deemed part of the Roll.
85 New Rolls to be prepared upon Proclamation
(1) New Rolls for any Subdivision, Division, State or Territory shall be prepared whenever directed by proclamation.
(2) The proclamation may specify the manner in which the Rolls shall be prepared; and may require every person entitled to enrolment on any new Roll, otherwise than by virtue of section 94, 94A, 95 or 96, to sign and send to the proper officer in accordance with the regulations a form of claim for enrolment and otherwise to comply with the regulations relating to compulsory enrolment:
Provided that an elector enrolled for the Subdivision in which he or she lives, in pursuance of a claim signed by him or her, shall not be required to sign and send in any further claim for enrolment in connexion with the preparation of a new Roll.
86 New Rolls on creation of new Divisions etc.
(1) Where:
(a) a Division is divided into Subdivisions;
(b) a new Division or a new Subdivision is created; or
(c) the boundaries of an existing Division or of an existing Subdivision are altered;
new Rolls shall be prepared in respect of each Division or Subdivision created or otherwise affected by reason of the circumstance referred to in paragraph (a), (b) or (c) by making any necessary transfer of electors between Rolls for existing Divisions or Subdivisions or between Rolls for existing Divisions or Subdivisions and Rolls for new Divisions or Subdivisions.
(2) A transfer of electors for the purposes of subsection (1) between one Roll and another Roll shall be effected by removing the names and other particulars of the electors from the Roll on which the names of those electors are presently entered and entering the names and other particulars of those electors on the Roll to which those electors are to be transferred.
(3) Where, for the purposes of subsection (1), electors are transferred between Rolls:
(a) in a case where, in the opinion of the Electoral Commissioner, a reasonably effective notification of that transfer can be given by notice published in a newspaper—the Electoral Commissioner shall cause notice of that transfer to be so published in that newspaper; and
(b) in a case to which paragraph (a) does not apply—the Electoral Commissioner:
(i) must cause a notice of that transfer to be delivered to the address of each elector affected by the transfer; and
(ii) may cause a notice of that transfer to be delivered to other addresses.
87 Additions etc. to new Rolls
If a new Roll for a Subdivision is prepared, the Electoral Commissioner must:
(a) make additions, alterations, and corrections therein; and
(b) remove names therefrom;
pursuant to claims or notifications received, and action taken under section 103A or 103B, between the date of the proclamation directing the preparation of new Rolls pursuant to section 85, or the date upon which there occurs a circumstance necessitating the preparation of new Rolls pursuant to section 86, as the case may be, and the date of the notification that the Rolls have been prepared, where the additions, alterations or corrections have not already been made in, or the removals have not been made from, the Rolls.
88 Objections and notices to have effect in relation to new Rolls
Where objections have been lodged or notices of objection have been issued and action in respect of those objections or notices has not been completed prior to the notification of the preparation, pursuant to section 85 or 86, of new Rolls, the objections or notices shall have effect in relation to the new Rolls as if such Rolls had been in existence at the time of the lodging of the objections or the issuing of the notices.
90 Commission to determine manner and form of access to Rolls etc.
(1) The Electoral Commission may determine the manner and form in which information is to be provided under this Part.
(2) Without limiting subsection (1), the Electoral Commission may determine that the information is to be provided electronically or in electronic form.
(3) If the Electoral Commission:
(a) makes a copy of a Roll available for public inspection in a particular form; or
(b) gives a copy of a Roll to a person or organisation in a particular form;
the copy is to be a copy of the most up‑to‑date version of the Roll that is available in that form.
(4) A reference in this section to information being provided includes a reference to:
(a) a copy of a Roll being made available for public inspection; and
(b) a copy of a Roll or certified list of voters being given to a person or organisation.
90A Inspection etc. of Rolls
Access at office of Divisional Returning Officer etc.
(1) A copy of the Roll for a Division is to be available, at any time during ordinary office hours, for public inspection without fee at:
(a) the office of each Divisional Returning Officer; and
(b) the office of each Assistant Divisional Returning Officer; and
(c) such other places (if any) as the Electoral Commission determines.
Access at capital city office of the Electoral Commission
(2) A copy of the following are to be available, at any time during ordinary business hours, for public inspection without fee at each capital city office of the Electoral Commission:
(a) the Roll for each State and Territory;
(b) any other Roll specified in a direction given by the Electoral Commissioner for the purpose of this paragraph.
(3) The capital city offices of the Electoral Commission are:
(a) the principal office of the Commission in Canberra; and
(b) such other places (if any) in Canberra as the Electoral Commission determines; and
(c) the principal office of the Commission in the capital city of each State; and
(d) the principal office of the Commission in Darwin.
Other access
(4) The Electoral Commission may make a copy of a Roll available for public inspection without fee in any other way that the Electoral Commission considers appropriate.
Limitation
(5) A right of inspection under this section does not include the right to copy or record by electronic means the Roll or a part of the Roll.
90B Information on Rolls and certified lists of voters to be provided to particular people and organisations
(1) The following table sets out the persons and organisations to whom the Electoral Commission must give information in relation to the Rolls and certified lists of voters and specifies the information to be given and the circumstances in which it is to be given:
Provision of information on Rolls and certified lists of voters |
Item | Person or organisation | Information to be given | Circumstances in which information is to be given |
1 | a candidate in a House of Representatives election | a copy of the certified list of voters for the Division for which the candidate is seeking election | (a) as soon as practicable after the close of the Rolls; and (b) without charge. |
2 | a registered political party | a copy of the Roll for each State and Territory | (a) as soon as practicable after a general election; and (b) without charge; and (c) subject to subsection (3). |
3 | a registered political party | a copy of the habitation index for each Division | (a) as soon as practicable after a general election; and (b) without charge; and (c) subject to subsection (3). |
4 | a registered political party | a copy of a habitation index | (a) on request by the party; and (b) without charge; and (c) subject to subsection (3). |
4A | a registered political party | voting information (as defined in subsection (10)) in relation to the election | (a) on request by the party; and (b) without charge; and (c) subject to subsection (3). |
5 | a registered political party with a member who is a Senator or a member of the House of Representatives | a copy of a Roll See also subsection (2). | (a) on request by the party; and (b) without charge; and (c) subject to subsection (3). |
6 | any other registered political party | a copy of a Roll See also subsection (2). | (a) on request by the party; and (b) on payment of the fee (if any) payable under subsection (9); and (c) subject to subsection (3). |
7 | a Senator for a State or Territory | 3 copies of the certified list of voters for each Division in the State or Territory used in a Senate election | (a) as soon as practicable after the result of the Senate election is declared under section 283; and (b) without charge. |
8 | a Senator for a State or Territory | 3 copies of the Roll for the State or Territory | (a) as soon as practicable after a general election; and (b) without charge. |
9 | a Senator for a State or Territory | 3 copies of the certified list of voters for an election of a member of the House of Representatives for a Division in the State or Territory | (a) as soon as practicable after the member of the House of Representatives is declared elected for the Division under section 284; and (b) without charge; and (c) the Senator is not entitled to a copy of the same list under item 7. |
10 | a Senator for a State or Territory | a copy of the Roll for any Division in that State or Territory See also subsection (2). | (a) on request by the Senator; and (b) without charge. |
10A | a Senator for a State or Territory (other than a member of a registered political party) | voting information (as defined in subsection (10)) in relation to the election in which the Senator was elected | (a) on request by the Senator; and (b) without charge. |
11 | a member of the House of Representatives | 3 copies of the certified list of voters for the Division for which the member is elected | (a) as soon as practicable after the member is declared elected under section 284; and (b) without charge. |
12 | a member of the House of Representatives | 3 copies of the Roll for the Division for which the member is elected | (a) as soon as practicable after a general election; and (b) without charge. |
13 | a member of the House of Representatives | 3 copies of the certified list of voters for the Division for which the member is elected that is provided for the purposes of paragraph 203(1)(b) for a Senate election | (a) as soon as practicable after the result of the Senate election is declared under section 283; and (b) without charge; and (c) the member is not entitled to a copy of the same list under item 11. |
14 | a member of the House of Representatives | a copy of the Roll for the Division for which the member is elected See also subsection (2). | (a) on request by the member; and (b) without charge. |
14A | a member of the House of Representatives for a Division (other than a member of a registered political party) | voting information (as defined in subsection (10)) in relation to the election in which the member was elected | (a) on request by the member; and (b) without charge. |
15 | a member of the House of Representatives elected for a Division that is affected by a redistribution | a copy of the Roll for any Division that, after the redistribution, includes the Division, or a part of the Division, for which the member is elected See also subsection (2). | (a) on request by the member; and (b) without charge. |
16 | an electoral authority of a State or Territory | (a) any information on a Roll; and (b) any other information that an arrangement under section 84 allows or requires the Electoral Commission to provide to the authority | (a) an arrangement under section 84 allows or requires the information to be provided to the authority; and (b) on payment of the fee (if any) payable under subsection (9). |
Electoral Commission may provide additional information in some circumstances
(2) If the Electoral Commission provides a copy of a Roll to a person or organisation under item 5, 6, 10, 14 or 15, the Electoral Commission may also provide any additional information held by the Electoral Commission about a person whose name is included on the Roll. The additional information is to be provided without charge.
Note: For additional information, see subsection (10).
Registered political parties for a State or Territory only if the party has branch or division for that State or Territory
(3) In spite of subsection (1), the Electoral Commission need not give a registered political party information in relation to persons enrolled in a State or Territory unless a branch or division of the party is organised on the basis of that State or Territory.
Giving parliamentarians electronic copies on request
(3A) On request by the Senator or member of the House of Representatives to whom item 7, 9, 11 or 13 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:
(a) a single electronic copy of the relevant certified list; and
(b) if the Senator or member requests 1 or 2 other copies of the list, that number of other copies of the list.
(3B) On request by the Senator or member of the House of Representatives to whom item 8 or 12 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:
(a) a single electronic copy of the relevant Roll; and
(b) if the Senator or member requests 1 or 2 other copies of that Roll, that number of other copies of that Roll.
(3C) On request by the Senator or member of the House of Representatives to whom item 10, 14 or 15 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member an electronic copy of the relevant Roll.
(3D) Subsections (3A), (3B) and (3C) do not limit the operation of subsections 90(1) and (2) or the Electronic Transactions Act 1999 in relation to subsection (1) of this section.
Information on Rolls may be provided to particular people and organisations
(4) The following table sets out the persons and organisations to whom the Electoral Commission may give information in relation to the Rolls and specifies the information that may be given and the circumstances in which it may be given:
Provision of information on Rolls |
Item | Person or organisation | Information that may be given | Circumstances in which information may be given |
1 | the persons or organisations (if any) that the Electoral Commission determines are appropriate | a copy of a Roll | (a) as soon as practicable after a general election; and (b) without charge. |
2 | any person or organisation that conducts medical research or provides a health screening program | (a) a copy of a Roll (or an extract of a Roll); and (b) if the Electoral Commission wishes—information about: (i) the sex of; or (ii) the age range that covers; a person included on the Roll See also subsection (5). | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
3 | any other person or organisation | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
4 | a prescribed authority | (a) any information on a Roll; and (b) if the Electoral Commission wishes—information about: (i) the sex of; or (ii) the date of birth of; or (iii) the occupation of; a person whose name is included on the Roll | (a) the provision of the information is authorised by the regulations; and (b) on payment of the fee (if any) payable under subsection (9). |
5 | a prescribed person or organisation that verifies, or contributes to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
6 | a prescribed person or organisation that: (a) is a reporting entity or an agent of a reporting entity; and (b) carries out applicable customer identification procedures under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
7 | a prescribed person or organisation that, under an arrangement with: (a) a reporting entity; or (b) an agent of a reporting entity; provides information for the purpose of facilitating the carrying out of applicable customer identification procedures under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
Item 2 age ranges
(5) The Electoral Commission may determine the age ranges to be used for the purposes of item 2 in the table in subsection (4) in a particular case. However, each age range must cover at least 2 years.
Information about person whose address is not included on Roll
(6) The Electoral Commission must not include in information given under subsection (1) or (4) information about a person whose address has been excluded or deleted from a Roll under section 104.
Restriction on disclosure of information about occupation, sex or date of birth
(7) Except as otherwise provided by this Act, the Electoral Commission must not give a person information which discloses particulars of the occupation, sex or date of birth of an elector.
(8) If an arrangement under section 84 allows information to be given to an electoral authority of a State or Territory, the Electoral Commission may also give that electoral authority information that discloses particulars of the sex or date of birth of an elector who is enrolled in another State or Territory.
Certain information about defence and AFP personnel not to be disclosed
(8A) Nothing in this section (or in an arrangement under section 84) allows or requires the Electoral Commission to give a person or organisation information that the Electoral Commission is aware would or might enable any of the following to be ascertained:
(a) the fact that a particular person has been, is or will be serving outside Australia as:
(i) a defence member or a defence civilian; or
(ii) an AFP officer or staff member;
(b) the place where a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(c) the period of time when a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(d) without limiting any of the preceding paragraphs—the postal address of a person who is serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(e) any other information of a kind specified in the regulations, being information that relates to persons who have been, are or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii).
(8B) Paragraph (8A)(d) does not apply in relation to the postal address of a person who is a general postal voter.
Fee
(9) The Electoral Commission may charge a fee that covers the cost to the Commission of providing information under:
(a) item 6 or 16 in the table in subsection (1); or
(b) item 2, 3, 4, 5, 6 or 7 in the table in subsection (4).
Definitions
(10) In this section:
additional information about a person included on a Roll means the following:
(a) the person’s postal address;
(b) the person’s sex;
(c) the person’s date of birth;
(d) the person’s salutation;
(e) the census district in which the person lives;
(f) the most recent enrolment date and enrolment transaction number for the person;
(g) whether the person is:
(i) not entitled to be enrolled as an elector of the Commonwealth; or
(ii) not also enrolled as a State elector, Australian Capital Territory elector or Northern Territory elector; or
(iii) less than 18 years old;
(h) whether the person is a general postal voter;
(i) whether the person has only recently been enrolled;
(j) whether the person has re‑enrolled and, if so:
(i) the Division and State or Territory in which they were previously enrolled; and
(ii) the enrolment transaction number for the person’s previous enrolment;
(k) the electoral district for the purposes of State or Territory elections in which the person lives;
(l) the local government area in which the person lives;
(m) the Australia Post delivery point identifier for each address of the person.
applicable customer identification procedure has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
habitation index, in relation to a Division, means a list of electors for the Division arranged, in a manner determined by the Electoral Commission, by reference to the respective places of living of the electors whose names are on the Roll for the Division.
reporting entity has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
voting information, in relation to an election, means information that:
(a) contains the names and addresses of the electors who voted at the election (other than itinerant electors, eligible overseas electors and electors whose addresses have been excluded from the Roll under section 104); and
(b) indicates whether or not each of those electors voted at a polling place; and
(c) if the elector voted at a polling place for the Division for which the elector was enrolled, indicates the location of the polling place.
91A Use of information from Roll and habitation index
(1) If information is given to a person or organisation under section 90B, a person must not use the information except for a purpose that is a permitted purpose in relation to the person or organisation the information is given to.
Penalty: 100 penalty units.
(1A) The permitted purposes in relation to a Senator or member of the House of Representatives are:
(a) any purpose in connection with an election or referendum; and
(aa) research regarding electoral matters; and
(b) monitoring the accuracy of information contained in a Roll; and
(c) the performance by the Senator or member of his or her functions as a Senator or member in relation to a person or persons enrolled for the Division, State or Territory to which the tape or disk relates.
(2) The permitted purposes in relation to a political party are:
(a) any purpose in connection with an election or referendum; and
(aa) research regarding electoral matters; and
(b) monitoring the accuracy of information contained in a Roll; and
(c) the performance by a senator or member of the House of Representatives who is a member of the party of his or her functions as a senator or member in relation to a person or persons enrolled for the Division, State or Territory to which the tape or disk relates.
(2AA) The permitted purposes in relation to a prescribed authority are:
(a) monitoring the accuracy of information contained on a Roll; and
(b) any other purpose that is prescribed for the prescribed authority.
(2A) The permitted purposes in relation to a person or organisation other than a Senator, member of the House of Representatives, political party or prescribed authority are:
(a) any purpose in connection with an election or referendum; and
(b) monitoring the accuracy of information contained in a Roll; and
(c) any other purpose that is prescribed.
(2B) For information provided under item 16 of the table in subsection 90B(1), the only permitted purposes in relation to an electoral authority of a State or Territory are:
(a) any purpose in connection with an election or referendum; and
(b) monitoring the accuracy of information contained in a Roll; and
(c) any other purpose that is prescribed by the regulations for the purposes of this paragraph.
(2C) For information provided under item 5 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988.
(2D) For information provided under item 6 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to carry out an applicable customer identification procedure under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
(2E) For information provided under item 7 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is facilitating the carrying out of an applicable customer identification procedure under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
(3) In this section:
applicable customer identification procedure has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
election means:
(a) a Senate election;
(b) a House of Representatives election;
(c) a State election;
(d) a Territory election; or
(e) a local government election.
referendum means a referendum conducted under a law of the Commonwealth or of a State or Territory.
91B Prohibition of disclosure or commercial use of Roll or habitation index
(1) For the purposes of this section, information is protected information in relation to a person if the person knows, or has reasonable grounds for believing, that the information has been obtained under section 90B.
(2) A person must not disclose protected information unless the disclosure would be a use of the information for a permitted purpose under section 91A.
Penalty: 1,000 penalty units.
(3) A person shall not use protected information for a commercial purpose (other than information provided under item 5, 6 or 7 of the table in subsection 90B(4) that is used for a permitted purpose).
Penalty: 1,000 penalty units.
92 Roll reviews
(1) All officers in the service of the Commonwealth, a State or a Territory, officers in the service of any local governing body, and all occupiers of habitations shall upon application furnish to the Electoral Commissioner or to any officer acting under the Electoral Commissioner’s direction all such information as the Electoral Commissioner requires in connexion with the preparation, maintenance or revision of the Rolls.
(2) The Electoral Commissioner must cause reviews to be conducted of the Rolls, with a view to ascertaining such information as is required for the preparation, maintenance and revision of the Rolls.
(3) There must be paid to the Electoral Commissioner, out of the Consolidated Revenue Fund, amounts equal to the sum of the expenses reasonably incurred by him or her in respect of reviews conducted under subsection (2).
(6) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (3).
(7) The Finance Minister may make advances to the Electoral Commissioner on account of the amount that is expected to become payable under this section to the Electoral Commissioner.
(8) Amounts payable to the Electoral Commissioner under this section shall be paid in such amounts, and at such times, as the Finance Minister determines.
Part VII—Qualifications and disqualifications for enrolment and for voting
93 Persons entitled to enrolment and to vote
(1) Subject to subsections (7) and (8) and to Part VIII, all persons:
(a) who have attained 18 years of age; and
(b) who are:
(i) Australian citizens; or
(ii) persons (other than Australian citizens) who would, if the relevant citizenship law had continued in force, be British subjects within the meaning of that relevant citizenship law and whose names were, immediately before 26 January 1984:
(A) on the roll for a Division; or
(B) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 or the Northern Territory Representation Act 1922;
shall be entitled to enrolment.
(2) Subject to subsections (3), (4), (5) and (8AA), an elector whose name is on the Roll for a Division is entitled to vote at elections of Members of the Senate for the State that includes that Division and at elections of Members of the House of Representatives for that Division.
(3) An elector:
(a) whose name has been placed on a Roll in pursuance of a claim made under section 100; and
(b) who has not attained 18 years of age on the date fixed for the polling in an election;
is not entitled to vote at that election.
(4) Notwithstanding section 100 or any enrolment in pursuance of a claim made under that section, for the purposes of this Act in its application in relation to an election, a person who has not attained 18 years of age on the date fixed for the polling in that election shall not be taken to be:
(a) entitled to be enrolled on a Roll; or
(b) enrolled on a Roll.
(5) A person is not entitled to vote more than once at any Senate election or any House of Representatives election, or at more than one election for the Senate or for the House of Representatives held on the same day.
(7) A person who is:
(a) within the meaning of the Migration Act 1958, the holder of a temporary visa; or
(b) an unlawful non‑citizen under that Act;
is not entitled to enrolment under Part VIII.
(8) A person who:
(a) by reason of being of unsound mind, is incapable of understanding the nature and significance of enrolment and voting; or
(b) has been convicted of treason or treachery and has not been pardoned;
is not entitled to have his or her name placed or retained on any Roll or to vote at any Senate election or House of Representatives election.
(8AA) A person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at any Senate election or House of Representatives election.
Note: For the definition of sentence of imprisonment, see subsection 4(1A).
(8A) In subsection (1), relevant citizenship law means the Australian Citizenship Act 1948 as amended and in force immediately before the day fixed by Proclamation for the purposes of subsection 2(2) of the Australian Citizenship Amendment Act 1984 and the regulations in force immediately before that day under the Australian Citizenship Act 1948 as so amended and in force.
(10) The reference in subsection (8) to treason or treachery includes a reference to treason or treachery committed in relation to the Crown in right of a State or the Northern Territory or in relation to the government of a State or the Northern Territory.
93A Power to refuse to include in the Roll inappropriate names
(1) This section applies to the inclusion of a person’s name in a Roll under a provision of this Part.
(2) The Electoral Commissioner may refuse to include a person’s name in a Roll if the Electoral Commissioner considers that the name:
(a) is fictitious, frivolous, offensive or obscene; or
(b) is not the name by which the person is usually known; or
(c) is not written in the alphabet used for the English language.
(3) The Electoral Commissioner may refuse to include a person’s name in a Roll if including the name in the Roll would be contrary to the public interest.
(4) If the Electoral Commissioner decides under this section to refuse to include a person’s name in a Roll, the Electoral Commissioner must notify the person in writing of that decision.
94 Enrolled voters leaving Australia
(1) An elector who:
(a) is enrolled for a particular Subdivision of a Division; and
(b) has ceased to reside in Australia, or intends to cease to reside in Australia; and
(c) intends to resume residing in Australia (whether in that Subdivision or elsewhere) not later than 6 years after ceasing to reside in Australia;
may apply to be treated as an eligible overseas elector. The application must be in the approved form and signed by the elector, and must be made to the Electoral Commissioner.
(1A) An application that is made while the elector still resides in Australia must be made within 3 months before the elector intends to cease to reside in Australia.
(1B) An application that is made after the elector ceased to reside in Australia must be made within 3 years after the day on which the elector ceased to reside in Australia.
(2) Where an application is made under subsection (1):
(a) the Electoral Commissioner must annotate the Roll so as to indicate that the elector is an eligible overseas elector; and
(b) subject to this section, the elector is entitled to be treated as an eligible overseas elector from the time when the annotation is made until it is cancelled.
(3) Notwithstanding anything in subsection 99(1) or (2), while a person is entitled to be treated as an eligible overseas elector by virtue of an annotation under subsection (2) to the Roll for a Subdivision, the person is entitled to:
(a) have his or her name retained on the Roll for the Subdivision; and
(b) vote as an elector of the Subdivision.
(4) Where a person applies under subsection (1) to the Electoral Commissioner to be treated as an eligible overseas elector and the person’s name is not on the Roll for a Subdivision of the Division, the Electoral Commissioner shall refuse the application and give notice in writing of the decision to the person making the application.
(5) A person who has applied under subsection (1) shall, as soon as practicable, give written notice to the Electoral Commissioner of the occurrence of any of the following circumstances:
(a) the person does not cease to reside in Australia within 3 months after the day on which the application was made;
(b) within 6 years after ceasing to reside in Australia, the person again becomes resident in Australia;
(c) the person abandons the intention to become resident again in Australia within 6 years after ceasing to reside in Australia;
(d) the person ceases to be entitled to enrolment.
(6) Subject to subsection (13), if a person who is an eligible overseas elector does not cease to reside in Australia within 3 months after the day on which he or she applied under subsection (1) to be treated as an eligible overseas elector, the person ceases to be entitled to be treated as an eligible overseas elector.
(6A) Paragraph (5)(a) and subsection (6) do not apply to a person who is an eligible overseas elector whose application under subsection (1) was made after the person ceased to reside in Australia.
(7) If a person who is an eligible overseas elector again becomes resident in Australia within 6 years after ceasing to reside in Australia, the person ceases to be entitled to be treated as an eligible overseas elector at the end of 1 month after the day on which he or she again became resident in Australia.
(8) Where a person who is an eligible overseas elector in relation to a Subdivision by virtue of this section:
(a) ceases to have the intention to resume residing in Australia within the period (in this subsection referred to as the relevant period) of 6 years after the day on which he or she ceased to reside in Australia; and
(b) intends to resume residing in Australia at some time after the expiration of the relevant period;
and applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(9) Where a person who:
(a) is being treated as an eligible overseas elector in relation to a Subdivision for a further period (in this subsection referred to as the relevant period) of 1 year in pursuance of an application made under subsection (8) or under this subsection; and
(b) intends to resume residing in Australia;
applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(10) An application under subsection (8) or (9) shall be in writing and signed by the applicant.
(11) Where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9):
(a) resumes residing in Australia; or
(b) ceases to have the intention to resume residing in Australia;
the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a) or (b), as the case may be.
(12) Subject to subsection (13), where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) resumes residing in Australia, the person ceases to be entitled to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
(13) A person ceases to be entitled to be treated as an eligible overseas elector under this section if:
(a) the person gives notice under paragraph (5)(c) and does not make an application under subsection (8);
(b) the person gives notice under paragraph (11)(b);
(c) while the person is being so treated, a general election is held at which he or she neither votes nor applies for a postal vote;
(d) the person ceases to be entitled to enrolment;
(e) except where:
(i) the person has given notice under paragraph (5)(b); or
(ii) the person has made an application under subsection (8);
the period of 6 years commencing on the day on which the person ceased to reside in Australia expires; or
(f) in a case where:
(i) the person is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) for a further period (in this paragraph referred to as the relevant period) of 1 year; and
(ii) the person does not make an application under subsection (9) to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period;
the relevant period expires.
(14) Where the Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (2) and the Electoral Commissioner becomes aware that the person has ceased to be entitled to be treated as an eligible overseas elector under this section by virtue of subsection (6), (7), (12) or (13), the Electoral Commissioner shall:
(a) if the person ceases to be eligible otherwise than by virtue of paragraph (13)(d) and the person resides in the Division at the time when he or she ceases to be entitled to be treated as an eligible overseas elector under this section—cancel the annotation made in relation to the person under subsection (2); or
(b) in any other case—cancel the enrolment of the person on the Roll for the Subdivision.
(15) If, after an application is made by a person under subsection (1) to be treated as an eligible overseas elector and before an annotation under subsection (2) is made in relation to the person, an event occurs by reason of which, if the annotation had been made, the person would have ceased to be entitled to be treated as an eligible overseas elector under subsection (6), (7) or (13), whether immediately or otherwise, then:
(a) where the annotation was not made before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner shall not make the annotation; or
(b) where the annotation is made—the annotation or the enrolment of the person, as the case requires, ceases to be in force immediately after the annotation is made.
(16) In this section:
Australia does not include Norfolk Island.
94A Enrolment from outside Australia
(1) A person may apply to the Electoral Commissioner for enrolment for a Subdivision if, at the time of making the application:
(a) the person has ceased to reside in Australia; and
(b) the person is not enrolled; and
(c) the person is not qualified for enrolment, but would be so qualified if he or she resided at an address in a Subdivision of a Division, and had done so for at least a month; and
(d) the person intends to resume residing in Australia not later than 6 years after he or she ceased to reside in Australia.
(2) An application:
(a) must be in the approved form; and
(b) must be signed by the applicant; and
(c) must be made within 3 years of the day on which the applicant ceased to reside in Australia; and
(d) must comply with section 98AA (evidence of identity requirements).
(3) The Electoral Commissioner must add the person’s name to the Roll:
(a) for the Subdivision for which the person last had an entitlement to be enrolled; or
(b) if the person has never had such an entitlement, for a Subdivision for which any of the person’s next of kin is enrolled; or
(c) if neither paragraph (a) nor (b) applies, for the Subdivision in which the person was born; or
(d) if none of paragraphs (a), (b) and (c) applies, the Subdivision with which the person has closest connection.
(4) If:
(a) the application is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(b) the application relates to a Subdivision of that Division;
the person’s name must not be added to the Roll for the Subdivision until after the close of the poll for that election.
(5) The Electoral Commissioner must notify the person in writing:
(a) of a decision to grant or refuse the application; or
(b) of the Electoral Commissioner’s opinion that the application cannot be proceeded with because of subsection (4).
(6) If the application is granted, the Electoral Commissioner must treat the application as if it were a valid application under subsection 94(1) by the person to be treated as an eligible overseas elector.
95 Eligibility of spouse, de facto partner or child of eligible overseas elector
(1) Where a person:
(a) who is the spouse, de facto partner or child of a person who is an eligible overseas elector by virtue of section 94 in relation to a Subdivision (in this subsection referred to as the relevant Subdivision);
(b) who is living at a place outside Australia so as to be with or near the eligible overseas elector;
(c) who had not attained 18 years of age when he or she last ceased to reside in Australia;
(d) whose name is not, and has not been, on a Roll;
(e) who is not qualified for enrolment under section 93 but would be so qualified if he or she resided at an address in a Subdivision of a Division; and
(f) who intends to resume residing in Australia not later than 6 years after the day on which he or she attained 18 years of age;
applies to the Electoral Commissioner to have his or her name placed on the Roll for the relevant Subdivision and to be treated as an eligible overseas elector, the Electoral Commissioner shall, subject to subsection (4):
(g) add the name of the person to the Roll for the relevant Subdivision; and
(h) annotate the Roll for the relevant Subdivision so as to indicate that the person is an eligible overseas elector;
and, subject to subsections (7), (12) and (13), the person is entitled to be treated as an eligible overseas elector from the time when the annotation is made until it is cancelled.
(2) An application:
(a) must be in the approved form; and
(b) must be signed by the applicant; and
(c) must comply with section 98AA (evidence of identity requirements).
(3) Notwithstanding anything contained in subsection 99(1) or (2), while a person is entitled to be treated as an eligible overseas elector by virtue of an annotation under subsection (1) to the Roll for a Subdivision, the person is entitled to:
(a) have his or her name retained on the Roll for the Subdivision; and
(b) vote as an elector of the Subdivision.
(4) If:
(a) an application under this section is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(b) the application relates to a Subdivision of that Division;
the person’s name must not be added to the Roll for the Subdivision, and the annotation of the Roll under subsection (1) in relation to the person must not be made, until after the close of the poll for that election.
(5) The Electoral Commissioner must notify the person in writing:
(a) of a decision to grant or refuse the application; or
(c) of the Electoral Commissioner’s opinion that the application cannot be proceeded with because of subsection (4).
(6) Where a person who has applied under subsection (1) to be treated as an eligible overseas elector:
(a) resumes residing in Australia within 6 years after the day on which he or she attained 18 years of age;
(b) ceases to have the intention to resume residing in Australia within 6 years after the day on which he or she attained 18 years of age; or
(c) ceases to be qualified for enrolment;
the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a), (b) or (c), as the case may be.
(7) Subject to subsection (13), where a person who is being treated as an eligible overseas elector under this section resumes residing in Australia within 6 years after the day on which he or she attained 18 years of age, the person ceases to be eligible to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
(8) Where a person who is an eligible overseas elector in relation to a Subdivision by virtue of this section:
(a) ceases to have the intention to resume residing in Australia within the period (in this subsection referred to as the relevant period) of 6 years after the day on which he or she attained 18 years of age; and
(b) intends to resume residing in Australia at some time after the expiration of the relevant period;
applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(9) Where a person who:
(a) is being treated as an eligible overseas elector in relation to a Subdivision for a further period (in this subsection referred to as the relevant period) of 1 year in pursuance of an application made under subsection (8) or under this subsection; and
(b) intends to resume residing in Australia;
applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(10) An application under subsection (8) or (9) shall be in writing and signed by the applicant.
(11) Where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9):
(a) resumes residing in Australia; or
(b) ceases to have the intention to resume residing in Australia;
the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a) or (b), as the case may be.
(12) Subject to subsection (13), where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) resumes residing in Australia, the person ceases to be entitled to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
(13) A person ceases to be entitled to be treated as an eligible overseas elector under this section if:
(a) the person gives notice under paragraph (6)(b) and does not make an application under subsection (8);
(b) the person gives notice under paragraph (11)(b);
(c) while the person is being so treated, a general election is held at which the person neither votes nor applies for a postal vote;
(d) the person ceases to be entitled to enrolment;
(e) except where:
(i) the person has given notice under paragraph (6)(b); or
(ii) the person has made an application under subsection (8);
the period of 6 years commencing on the day on which the person attained the age of 18 years expires; or
(f) in a case where:
(i) the person is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) for a further period (in this paragraph referred to as the relevant period) of 1 year; and
(ii) the person does not make an application under subsection (9) to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period;
the relevant period expires.
(14) Where the Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (1) and the Electoral Commissioner becomes aware that the person has ceased to be entitled to be treated as an eligible overseas elector under this section by virtue of subsection (7), (12) or (13), the Electoral Commissioner shall:
(a) if the person ceases to be eligible otherwise than by virtue of paragraph (13)(d) and the person resides in the Division at the time when he or she ceases to be entitled to be treated as an eligible overseas elector under this section—cancel the annotation made in relation to the person under subsection (1); or
(b) in any other case—cancel the enrolment of the person on the Roll for the Subdivision.
(15) If, after an application is made by a person under subsection (1) to be treated as an eligible overseas elector and before the person’s name is added to the Roll and an annotation under paragraph (1)(h) is made in relation to the person, an event occurs by reason of which, if the name had been so added and the annotation so made, the person would have ceased to be entitled to be treated as an eligible overseas elector under subsection (7) or (13), whether immediately or otherwise, then:
(a) where the name was not added to the Roll, and the annotation was not made, before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner shall not add the name to the Roll under this section or make the annotation; or
(b) where the name is added to the Roll and the annotation is made—the person ceases to be entitled to be treated as an eligible overseas elector immediately after the name is added and the annotation is made.
(17) In this section:
Australia does not include Norfolk Island.
95AA Norfolk Island electors
(1) In this section:
exclusive Territory means an internal Territory that neither:
(a) includes another Territory; nor
(b) is included in another Territory;
under section 4 (if any).
inclusive Territory means an internal Territory that, under section 4, includes another Territory.
one‑Territory Division means:
(a) a Division that is an exclusive Territory; or
(b) a Division that is one of the Divisions into which an exclusive Territory is distributed; or
(c) a Division that:
(i) is one of the Divisions into which an inclusive Territory is distributed; and
(ii) does not include a Territory that, under section 4, is included in that inclusive Territory.
qualified Norfolk Islander means a person who:
(a) resides in Norfolk Island; and
(b) would be qualified for enrolment under section 93 if he or she lived at an address in a Subdivision and had lived at that address for a period of one month last past; and
(c) is not entitled to be enrolled for a Subdivision under section 94, 94A or 95.
State does not include a Territory.
Territory means:
(a) an internal Territory; or
(b) an external Territory.
(2) Subject to subsection (4), a qualified Norfolk Islander who is one of the people of a State for the purposes of sections 7 and 24 of the Constitution is entitled to be enrolled for:
(a) the Subdivision in that State for which he or she last had an entitlement to be enrolled; or
(b) if he or she never had such an entitlement—a Subdivision in that State for which any of his or her next of kin is enrolled; or
(c) if neither paragraph (a) nor (b) applies—the Subdivision in that State in which he or she was born; or
(d) if none of paragraphs (a), (b) and (c) applies—a Subdivision in that State with which he or she has a close connection.
(3) Subject to subsection (4), a qualified Norfolk Islander who is not one of the people of any State for the purposes of sections 7 and 24 of the Constitution is entitled to be enrolled for a Subdivision of a one‑Territory Division.
(4) A qualified Norfolk Islander is not entitled to be enrolled for more than one Subdivision at the same time.
95AB Presumption about certain Norfolk Island electors
If:
(a) a qualified Norfolk Islander (within the meaning of section 95AA) claims to be one of the people of a State for the purposes of sections 7 and 24 of the Constitution; and
(b) at least one paragraph of subsection 95AA(2) applies in relation to the claimant and the State; and
(c) there is no decision by a court that the claimant is not one of those people;
then, for the purposes of section 95AA and subsection 95AC(2), the Electoral Commissioner must take the claimant to be one of those people.
95AC Rolls relating to Norfolk Island electors
(1) If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under section 95AA, the Electoral Commissioner must annotate the Roll so as to indicate that the person is enrolled under that section.
(2) The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors to whom an annotation under subsection (1) applies. Upon completion of the review, the Electoral Commissioner may make such alterations to the Roll as he or she thinks necessary to ensure that persons on that Roll under section 95AA are entitled to be so.
96 Itinerant electors
(1) A person who:
(a) is in Australia; and
(b) is not entitled to be enrolled for any Subdivision because:
(i) the person does not reside in any Subdivision; or
(ii) the person is a homeless person;
may apply to the Electoral Commissioner for enrolment under this section for a Subdivision.
(2) An application:
(a) must be in the approved form; and
(b) must be signed by the applicant; and
(c) must comply with section 98AA (evidence of identity requirements), if that section applies to the application.
(2A) The Electoral Commissioner must add the name of the applicant to the Roll:
(a) for the Subdivision for which the applicant last had an entitlement to be enrolled;
(b) if the person has never had such an entitlement, for a Subdivision for which any of the applicant’s next of kin is enrolled;
(c) if neither paragraph (a) nor paragraph (b) applies, for the Subdivision in which the applicant was born; or
(d) if none of paragraphs (a), (b) and (c) applies, the Subdivision with which the applicant has the closest connection.
(2B) The Electoral Commissioner shall also annotate the Roll so as to indicate that the person is an itinerant elector.
(2C) Until an annotation under subsection (2B) is cancelled, the person to whom the annotation relates is entitled to be treated as an itinerant elector.
(3) Notwithstanding anything contained in subsection 99(1) or (2), while a person is entitled to be treated as an itinerant elector by virtue of an annotation under subsection (2B) to the Roll for a Subdivision, the person is entitled to:
(a) have his or her name retained on the Roll for the Subdivision; and
(b) vote as an elector of the Subdivision.
(4) If:
(a) an application under this section is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(b) the application relates to a Subdivision of that Division;
the person’s name must not be added to the Roll for the Subdivision, and the annotation of the Roll under subsection (2B) in relation to the person must not be made, until after the close of the poll for that election.
(5) Where the Electoral Commissioner:
(a) grants or refuses an application made under subsection (1); or
(b) is of the opinion that an application made under that subsection cannot be proceeded with because of the operation of subsection (4);
the Electoral Commissioner shall notify the applicant in writing of that decision or opinion, as the case may be.
(6) If the Electoral Commissioner refuses an application made by a person under subsection (1), the notice under subsection (5) must also include notice of the person’s right to apply for review under Part X.
(7) Where a person who has applied under subsection (1) to be treated as an itinerant elector:
(a) resides in a Subdivision for a period of 1 month or longer; or
(aa) if subparagraph (1)(b)(ii) applied in relation to the application—ceases to be a homeless person; or
(b) forms the intention to depart from Australia and to remain outside Australia for a period of 1 month or longer; or
(c) ceases to be entitled to enrolment;
the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a), (aa), (b) or (c), as the case may be.
(8) Subject to subsection (9), where a person who is being treated as an itinerant elector under this section resides in a Subdivision for a period of 1 month or longer, the person ceases to be eligible to be treated as an itinerant elector under this section on the expiration of that period of 1 month.
(8A) Paragraph (7)(a) and subsection (8) do not apply in relation to a homeless person.
(8B) Subject to subsection (9), if:
(a) a person is being treated as an itinerant elector under this section because the person is a homeless person; and
(b) the person ceases to be a homeless person;
the person ceases to be eligible to be treated as an itinerant elector under this section upon ceasing to be a homeless person.
(9) A person ceases to be entitled to be treated as an itinerant elector under this section if:
(b) the person ceases to be entitled to enrolment; or
(c) the person departs from Australia and remains outside Australia for a period of 1 month or longer.
(10) If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under this section and the Electoral Commissioner becomes aware that the person has ceased to be entitled to be treated as an itinerant elector under this section by virtue of subsection (8), (8B) or (9), he or she must:
(a) if the person ceases to be entitled otherwise than because of paragraph (9)(b) and the Electoral Commissioner is aware that the person resides in the Division—cancel the annotation made in relation to the person under subsection (2B); or
(b) in any other case—cancel the enrolment of the person on the Roll for the Subdivision.
(11) If, after an application is made by a person under this section to be treated as an itinerant elector and before the person’s name is added to the Roll and an annotation under subsection (2B) is made in relation to the person, an event occurs by reason of which, if the name had been so added and the annotation so made, the person would cease to be entitled to be treated as an itinerant elector under this section, whether immediately or otherwise, then:
(a) where the name was not added to the Roll, and the annotation was not made, before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner must not add the name to the Roll under this section or make the annotation; or
(b) where the name is added to the Roll and the annotation is made—the person ceases to be entitled to be treated as an itinerant elector immediately after the name is added and the annotation is made.
(12) For the purposes of this section, a person shall be taken to reside at a place if, and only if, the person has his or her real place of living at that place.
(13) In this section:
Australia does not include Norfolk Island.
homeless person includes:
(a) a person living in:
(i) crisis accommodation; or
(ii) transitional accommodation; and
(b) a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994.
96A Enrolment of prisoners
(1) Subject to section 93, a person who is serving a sentence of imprisonment is entitled to remain enrolled for the Subdivision (if any) for which the person was enrolled when he or she began serving the sentence.
(2) An eligible person who is serving a sentence of imprisonment but who was not enrolled when he or she began serving the sentence is entitled to be enrolled for:
(a) the Subdivision for which the person was entitled to be enrolled at that time;
(b) if the person was not so entitled, a Subdivision for which any of the person’s next of kin is enrolled;
(c) if neither of paragraphs (a) and (b) is applicable, the Subdivision in which the person was born; and
(d) if none of the preceding paragraphs is applicable, the Subdivision with which the person has the closest connection.
(3) In subsection (2), eligible person means a person who, under section 93, is entitled to enrolment.
97 Application of Part to Australian Capital Territory and Northern Territory
This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.
Part VIII—Enrolment
98AA Evidence of identity requirements
(1) This section applies to:
(a) an application or claim that a person makes under section 94A, 95 or 99A; or
(b) an application or claim that a person makes under section 96 or 98, if:
(i) the person is not already enrolled; or
(ii) the person is already enrolled, but the person’s name is no longer the same as the name under which he or she is enrolled.
(2) The person’s claim or application must include or be accompanied by any of the following:
(a) if the person holds a driver’s licence issued under the law of a State or Territory—the number of that driver’s licence;
(b) if the person holds an Australian passport—the number of that Australian passport;
(c) an attestation as to the person’s identity that is:
(i) in the approved form; and
(ii) signed by another person who is enrolled;
(d) any other evidence of the person’s identity that is of a kind prescribed by the regulations for the purpose of this paragraph.
98 Addition of names to Rolls
(1) Names may be added to Rolls pursuant to claims for enrolment or transfer of enrolment or claims for age 16 enrolment.
Note: Names may also be added to Rolls in some circumstances without making a claim or giving notice (see sections 103A and 103B).
(2) A claim:
(a) must be in an approved form; and
(b) subject to subsection (3), must be signed by the claimant; and
(c) must comply with section 98AA (evidence of identity requirements), if that section applies to the claim.
(3) Where a person wishes to make a claim for enrolment, for transfer of enrolment or for age 16 enrolment and a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim, another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first‑mentioned person.
(4) A claim shall be completed in accordance with the directions contained in a form approved for the purposes of subsection (2).
(5) A certificate referred to in subsection (3) shall be lodged with the claim to which it relates.
98A Refusal to include in the Roll inappropriate names
(1) This section applies to the inclusion in a Roll, or transfer to a Roll, of a person’s name under a provision of this Part.
(2) The Electoral Commissioner may refuse to include in a Roll, or transfer to a Roll, a person’s name if the Electoral Commissioner considers that the name:
(a) is fictitious, frivolous, offensive or obscene; or
(b) is not the name by which the person is usually known; or
(c) is not written in the alphabet used for the English language.
(3) The Electoral Commissioner may refuse to include in a Roll, or transfer to a Roll, a person’s name if including the name in the Roll, or transferring it to the Roll, would be contrary to the public interest.
(4) If the Electoral Commissioner decides under this section to refuse to include a person’s name in a Roll, the Electoral Commissioner must notify the person in writing of that decision.
99 Claims for enrolment or transfer of enrolment
(1) Any person qualified for enrolment, who lives at an address in a Subdivision, and has lived at that address for a period of one month last past, shall be entitled, in respect of residence at that address, to have his or her name placed on the Roll for that Subdivision.
(2) Any elector whose name is on the Roll for any Subdivision and who lives at an address in any other Subdivision, and has lived at that address for a period of one month last past, shall be entitled, in respect of residence at that address, to have his or her name transferred to the Roll for the Subdivision in which he or she lives.
(3) Subject to sections 94, 94A, 95, 95AA, 96 and 96A and Part XVII, a person is not entitled to have his or her name placed on the Roll:
(a) for more than one Subdivision;
(b) for a Subdivision other than the Subdivision in which the person lives; or
(c) in respect of an address other than the address at which the person is living when the claim is lodged.
(4) In spite of any other provision of this Act:
(a) a Senator is entitled to have his or her name placed on the Roll for any Subdivision of any Division in the State or Territory the Senator represents instead of the Subdivision in which the Senator lives;
(b) a member of the House of Representatives is entitled to have his or her name placed on the Roll for any Subdivision of the Division the member represents instead of the Subdivision in which the member lives; and
(c) a Senator or member whose name is enrolled under this subsection may vote as an elector of the Subdivision for which he or she is so enrolled.
(5) The validity of any enrolment shall not in any case be questioned on the ground that the person enrolled has not in fact lived at the relevant address in the Subdivision for a period of one month.
99A Provisional claim for enrolment by applicant for citizenship
(1) A person who:
(a) makes an application to become an Australian citizen under section 21 of the Australian Citizenship Act 2007; and
(b) would, if he or she were an Australian citizen, be entitled, in respect of residence at an address, to enrolment for a subdivision;
may make a provisional claim for enrolment for that subdivision.
(2) If a person who has made a provisional claim for enrolment for a subdivision, either under subsection (1) or under this subsection:
(a) is living at an address in another subdivision; and
(b) has lived at that address for the period of one month last past;
the person may make a provisional claim for enrolment for that other subdivision.
(3) If a person makes a provisional claim for enrolment under subsection (2), any previous provisional claim for enrolment by that person has no effect.
(4) A claim:
(a) must be in the approved form; and
(b) subject to subsection (5), must be signed by the claimant; and
(c) must be lodged:
(i) if the claim is made under subsection (1)—together with the claimant’s application to become an Australian citizen; or
(ii) if the claim is made under subsection (2)—with the Electoral Commissioner; and
(d) must comply with section 98AA (evidence of identity requirements).
(5) If:
(a) a person wishes to make a provisional claim for enrolment; and
(b) a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim;
another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first‑mentioned person.
(6) The Secretary of the Immigration Department must:
(a) send to the Electoral Commissioner, as soon as practicable, any provisional claim for enrolment lodged by a person under subparagraph (4)(c)(i); and
(b) if the person becomes an Australian citizen as a result of the person’s application to become an Australian citizen—inform the Electoral Commissioner, as soon as practicable, that the person has become an Australian citizen.
(7) If a person who has made a provisional claim for enrolment for a subdivision becomes an Australian citizen, the provisional claim is taken to be a claim for enrolment for the subdivision, made by the person on the day on which the person becomes an Australian citizen.
(8) If a person who has made a provisional claim for enrolment is refused approval to become an Australian citizen, the provisional claim has no effect.
99B Provisional enrolment by applicant for citizenship
Application by those about to become Australian citizens
(1) A person may apply to the Electoral Commissioner for provisional enrolment for a Subdivision if, at the time of making the application:
(a) either:
(i) a public announcement has been made of the proposed date for polling for an election for the Subdivision; or
(ii) a writ for an election for the Subdivision has been issued; and
(b) the person has been notified by the Immigration Department that the person will become an Australian citizen under the Australian Citizenship Act 2007 between:
(i) the date of the writ; and
(ii) the polling day for the election; and
(c) the person is not enrolled; and
(d) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.
Note: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal vote, a pre‑poll declaration vote, an absent vote or a provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the polling day (see paragraph 6 of Schedule 3).
Requirements for application
(2) An application must:
(a) be in the approved form; and
(b) be signed by the person (but see subsection (3)); and
(c) be made between the following times:
(i) the earlier of the public announcement of the proposed date for polling for the election and the date of the writ;
(ii) 8 pm on the day of the close of the Rolls for the election; and
(d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.
(3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:
(a) the applicant wishes to make the application; and
(b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.
(4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:
(a) all of the following apply:
(i) the original notification is shown to an officer;
(ii) the officer attests that he or she has sighted the notification;
(iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or
(b) all of the following apply:
(i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;
(ii) the elector attests that he or she has sighted the notification;
(iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.
Electoral Commissioner to keep records
(5) If a person makes an application in accordance with this section, then:
(a) the person is provisionally enrolled under this section for the Subdivision to which the application relates; and
(b) the Electoral Commissioner must keep a record of the details of the application.
Confirmation of citizenship
(6) If, by the first Friday following the polling day for the election, the person provides an officer with evidence that the person has become an Australian citizen, then:
(a) the provisional enrolment ceases; and
(b) the application is taken to be a claim for enrolment for the Subdivision to which the application relates; and
(c) sections 102, 103 and 104 apply to the application as if it were a claim made under section 101.
(7) Otherwise, the Electoral Commissioner must notify the person, in writing, that the person’s provisional enrolment has ceased.
100 Claims for age 16 enrolment
(1) A person who:
(a) has turned 16, but is under 18, years of age; and
(b) would be entitled, in respect of residence at an address, to be enrolled for a Subdivision if he or she were 18 years of age;
may send or deliver a claim to have his or her name placed on the Roll for that Subdivision to the Electoral Commissioner.
(2) A claim made under subsection (1) shall be treated as a claim for enrolment for the Subdivision to which the claim relates and the provisions of sections 102, 103 and 104 apply in relation to the claim as if the person making the claim were 18 years of age and the claim were made pursuant to section 101.
(3) For the purposes of sections 389 and 390, a claim made under subsection (1) shall be taken to be a claim for enrolment.
101 Compulsory enrolment and transfer
(1) Subject to subsection (5A), every person who is entitled to be enrolled for any Subdivision, otherwise than by virtue of section 94, 94A, 95, 96 or 100, whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll, shall forthwith fill in and sign a claim and send or deliver the claim to the Electoral Commissioner.
(1A) A person who is entitled to be enrolled for any Subdivision under section 95AA may fill in and sign a claim and send or deliver it to the Electoral Commissioner.
(4) Subject to subsection (5A), every person who is entitled to have his or her name placed on the Roll for any Subdivision whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll upon the expiration of 21 days from the date upon which the person became so entitled, or at any subsequent date while the person continues to be so entitled, shall be guilty of an offence unless he or she proves that the non‑enrolment is not in consequence of his or her failure to send or deliver to the Electoral Commissioner, a claim, duly filled in and signed in accordance with the directions printed thereon.
Note: A defendant bears a legal burden in relation to the defence in subsection (4) (see section 13.4 of the Criminal Code).
(5) Subject to subsection (5A), if a person enrolled for a Subdivision (including a person whose address, in accordance with a request made under section 104, is not entered on a Roll):
(a) has changed his or her place of living from one address in that Subdivision to another address in the same Subdivision; and
(b) has lived at the new address for a period of one month;
the person must, within 21 days after the end of the period referred to in paragraph (b), give written notice of the new address to the Electoral Commissioner.
(5A) Subsections (1), (4) and (5) do not apply to a qualified Norfolk Islander within the meaning of section 95AA.
Note: A defendant bears an evidential burden in relation to the defence in subsection (5A) (see subsection 13.3(3) of the Criminal Code).
(6) A person who fails to comply with subsection (1), (4) or (5) is guilty of an offence punishable on conviction by a fine not exceeding 1 penalty unit.
(6AA) An offence against subsection (6) relating to a failure to comply with subsection (1) or (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6AB) An offence against subsection (6) relating to a failure to comply with subsection (4) is an offence of absolute liability.
Note: For absolute liability, see section 6.2 of the Criminal Code.
(6A) Subsection (6) does not apply to a person who fails to comply with subsection (5) if the person has not reached the age of 18 years.
Note: A defendant bears an evidential burden in relation to the defence in subsection (6A) (see subsection 13.3(3) of the Criminal Code).
(7) Where a person sends or delivers a claim for enrolment, or for transfer of enrolment, to the Electoral Commissioner, proceedings shall not be instituted against that person for any offence against subsection (1) or (4) committed before the claim was so sent or delivered.
(8) If the Electoral Commissioner enters a person’s name or address in a Roll under section 103A or 103B, proceedings must not be instituted against the person for an offence against subsection (1), (4), (5) or (6) of this section constituted by an omission occurring before that entry.
102 Action on receipt of claim
(1) Subject to subsection (4), if, pursuant to section 101, the Electoral Commissioner receives a claim for enrolment, or transfer of enrolment, the Electoral Commissioner must:
(a) note on the claim the date of its receipt; and
(b) if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision, without delay:
(i) enter on the Roll for the Subdivision the name of the claimant and the other particulars required by section 83; and
(ii) notify the claimant in writing that he or she has been enrolled for that Subdivision; and
(iii) in the case of a claim for transfer of an enrolment from the Roll for another Subdivision—delete the name of the claimant from the Roll for that other Subdivision; and
(c) if the claim is in order but the Electoral Commissioner is satisfied that the claimant is already properly enrolled in respect of residence at the address in the Subdivision for which he or she is entitled to be enrolled—notify the claimant, in writing, that he or she has been enrolled for that Subdivision; and
(d) if the claim is not in order or the Electoral Commissioner is not satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision—notify the claimant in writing that the claim has been rejected.
(2) Before dealing with a claim under paragraph (1)(b), (c) or (d), the Electoral Commissioner may make any inquiries that he or she thinks necessary.
(3) Notice of a decision given to a claimant by the Electoral Commissioner under paragraph (1)(d) must include:
(a) a statement of the reasons for the decision; and
(b) a statement setting out the rights of the claimant to have the decision reviewed under Part X.
(4) Subject to subsection (5), if:
(a) a claim under section 101 is received by the Electoral Commissioner during the period (the suspension period):
(i) starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(ii) ending on the close of the poll for the election; and
(b) the claim relates to a Subdivision of that Division;
the claim must not be considered until after the end of the suspension period.
(5) If:
(a) a claim under section 101 is received by the Electoral Commissioner during the suspension period; and
(b) the Australian Postal Corporation has notified the Electoral Commission in writing that:
(i) the delivery of mail identified in the notification was delayed by an industrial dispute affecting a specified post office or mail exchange; and
(ii) but for the industrial dispute, that mail would, in the ordinary course of post, have been delivered before the start of the suspension period; and
(c) the claim is included in the mail identified in the notification;
then, despite subsection (4):
(d) the claim must be regarded as having been received before the start of the suspension period; and
(e) if the claimant’s name is entered on the Roll in accordance with the claim, the enrolment must, in relation to any vote recorded by the claimant in an election, be regarded as having been effected before the start of the suspension period.
(6) A name may, at any time, be removed from a Roll pursuant to a notice of transfer of enrolment.
103 Penalty on officer neglecting to enrol claimants
(1) Any officer who receives a claim for enrolment or transfer of enrolment and who fails to do everything necessary on his or her part to be done to secure the enrolment of the claimant in pursuance of the claim shall be guilty of an offence.
Penalty: $1,000.
(2) Subsection (1) does not apply if the officer has a just excuse for the failure.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
103A Updating or transferring a person’s enrolment without claim or notice from the person
Application
(1) This section applies if the Electoral Commissioner:
(a) is satisfied that a person’s address is entered on a Roll (the old Roll); and
(b) is satisfied, for reasons other than a claim under section 98 and a notice under subsection 101(5), that the person lives at another address (the new address).
Notice of proposed action to update or transfer enrolment
(2) The Electoral Commissioner may give the person a notice in writing setting out the date of the notice, the new address and the fact that the Electoral Commissioner is satisfied that the person lives at the new address and stating:
(a) if the person’s residence at the new address entitles the person to have his or her name placed on the old Roll—that the Electoral Commissioner proposes to enter the new address for the person on the old Roll; and
(b) if the person’s residence at the new address entitles the person to have his or her name transferred to another Roll (the new Roll)—that the Electoral Commissioner proposes:
(i) to delete the person’s name from the old Roll; and
(ii) to enter on the new Roll the person’s name and other particulars required by section 83; and
(c) in any case—that the Electoral Commissioner will not take the proposed action if satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person does not live at the new address.
Taking action to update or transfer enrolment
(3) The Electoral Commissioner may take the proposed action described in paragraph (2)(a) or (b) unless satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person does not live at the new address.
(4) The Electoral Commissioner may take the action before the end of the 28 days if the person indicates to the Electoral Commissioner within that period that the person does live at the new address.
(5) Despite subsections (3) and (4), the Electoral Commissioner must not take the proposed action described in paragraph (2)(b) within a period:
(a) starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division to which the new Roll relates; and
(b) ending on the close of the poll for the election.
Notice of decision or decision not to take action
(6) If the Electoral Commissioner takes the proposed action described in paragraph (2)(a) or (b) or decides not to take that action, the Electoral Commissioner must give the person notice in writing of the action or the decision.
(7) If:
(a) under subsection (6) the Electoral Commissioner gives the person notice in writing of the action; and
(b) the Electoral Commissioner has received a claim for transfer of the person’s enrolment to the new address;
the Electoral Commissioner need not give the person notice under subparagraph 102(1)(b)(ii).
Electronic notification
(8) A notice may be given under this section by an electronic communication as defined in the Electronic Transactions Act 1999, whether or not the person consents as described in paragraph 9(2)(d) of that Act. This does not limit the ways in which the notice may be given.
103B Enrolling unenrolled person without claim or notice from the person
Application
(1) This section applies if the Electoral Commissioner is satisfied that a person:
(a) is entitled to enrolment; and
(b) has lived at an address (the proposed enrolment address) in a Subdivision (the relevant Subdivision) for at least one month; and
(c) the person is not enrolled.
Notice of proposed action to enrol a person
(2) The Electoral Commissioner may give the person a notice in writing setting out the date of the notice, the proposed enrolment address and the fact that the Electoral Commissioner is satisfied that the person lives at that address and stating:
(a) that the Electoral Commissioner proposes to enter the person’s name and other particulars required by section 83 on the Roll for the relevant Subdivision (the proposed action); and
(b) that the Electoral Commissioner will not take the proposed action if satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person:
(i) does not live at the proposed enrolment address; or
(ii) is not entitled to enrolment.
Taking action to enrol a person
(3) The Electoral Commissioner may take the proposed action unless satisfied by information given by the person to the Electoral Commissioner within 28 days after the notice that the person:
(a) does not live at the proposed enrolment address; or
(b) is not entitled to enrolment.
(4) The Electoral Commissioner may take the proposed action before the end of the 28 days if the person indicates to the Electoral Commissioner within that period that the person:
(a) does live at the proposed enrolment address; and
(b) is entitled to enrolment.
(5) Despite subsections (3) and (4), the Electoral Commissioner must not take the proposed action within a period:
(a) starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division to which the Roll for the relevant Subdivision relates; and
(b) ending on the close of the poll for the election.
Notice that action has or has not been taken
(6) If the Electoral Commissioner takes the proposed action, or decides not to take that action, the Electoral Commissioner must give the person notice in writing of:
(a) the action or the decision; and
(b) the person’s full name and address as entered on the Roll for the person (if applicable).
(7) If:
(a) under subsection (6) the Electoral Commissioner gives the person notice in writing of the action; and
(b) the Electoral Commissioner has received a claim for enrolment in respect of the relevant address;
the Electoral Commissioner need not give the person notice under subparagraph 102(1)(b)(ii).
Electronic notification
(8) A notice may be given under this section by an electronic communication as defined in the Electronic Transactions Act 1999, whether or not the person consents as described in paragraph 9(2)(d) of that Act. This does not limit the ways the notice may be given.
104 Request for address not to be shown on Roll
(1) Where a person considers that having his or her address shown on the Roll for a Subdivision would place the personal safety of the person or of members of the person’s family at risk, he or she may lodge with the claim for enrolment (including a provisional claim for enrolment) a request, in the approved form, that his or her address not be entered on the Roll for the Subdivision for which enrolment is claimed.
(2) Where:
(a) the address of a person is included in the particulars relating to the person that are entered on the Roll for a Subdivision; and
(b) the person considers that having his or her address so shown places the personal safety of the person or of members of his or her family at risk;
the person may lodge with the Electoral Commissioner a request, in the approved form, that his or her address be deleted from the particulars that are entered on that Roll.
(3) A request under subsection (1) or (2) shall give particulars of the relevant risk and shall be verified by statutory declaration by the person making the request or some other person.
(4) Where:
(a) a request has been made under subsection (1) or (2); and
(b) the Electoral Commissioner is satisfied that having the address of the person making the request shown on the Roll for the Subdivision would place or places the personal safety of the person or members of the person’s family at risk;
the Electoral Commissioner:
(c) in a case where the request was lodged under subsection (1)—shall not include the address of the person in the particulars relating to the person that are entered on the Roll for the Subdivision; and
(d) in a case where the request is lodged under subsection (2)—shall delete the address of the person from the particulars relating to the person that are entered on the Roll for the Subdivision.
(4A) If:
(a) the address of an elector is not shown on the Roll for a Subdivision because of this section; and
(b) the elector’s name is transferred to a Roll for another Subdivision;
the Electoral Commissioner must not enter the elector’s address on the Roll for the other Subdivision.
(5) Where the Electoral Commissioner grants or refuses a request made by a person under subsection (1) or (2), the Electoral Commissioner shall notify the person in writing of the decision.
(6) Notwithstanding anything contained in section 107, where an address is deleted from a Roll in pursuance of subsection (4), the address so deleted shall be obliterated.
(7) The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors whose addresses are not shown on the Roll by virtue of this section.
(8) If, after such a review, the Electoral Commissioner is not satisfied that the personal safety of a elector whose address is not shown on the Roll, or of the elector’s family, would be at risk if the elector’s address were shown on the Roll, the Electoral Commissioner must notify the elector in writing that the Electoral Commissioner has decided that the elector’s address should be entered on the Roll.
(9) If:
(a) the decision that the elector’s address should be entered on the Roll has not been set aside under subsection 120(5), or by the Administrative Appeals Tribunal or a court; and
(b) it is no longer possible for the decision to be so set aside;
the Electoral Commissioner must enter the elector’s address on the Roll.
(10) For the purposes of this Act, if the address of a person is not shown on the Roll for a Subdivision because of a request made by the person under subsection (1) or (2), the name of the person is taken to have been placed on the Roll:
(a) if the person has not given notice of a change of address under subsection 101(5)—in respect of the address that would have been shown on the Roll had the request not been made; or
(b) if the person gives notice of a change of address under subsection 101(5)—in respect of the new address.
(11) For the purposes of this section, the members of a person’s family are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) a child of the person, or someone of whom the person is a child, because of the definition of child in section 4;
(c) anyone else who would be a member of the person’s family because a person mentioned in paragraph (a) or (b) is taken to be a member of the family.
105 Alteration of Rolls
(1) In addition to other powers of alteration conferred by this Act, the Electoral Commissioner may alter any Roll by:
(a) correcting any mistake or omission in the particulars of the enrolment of an elector;
(c) removing the name of any deceased elector;
(d) striking out the superfluous entry where the name of the same elector appears more than once on the same Subdivision Roll;
(e) reinstating any name removed by mistake as the name of a deceased elector;
(f) where the Electoral Commissioner is satisfied that an objection against the enrolment of an elector whose name has been deleted from the Roll as a result of the objection was based on a mistake of fact and that the person objected to still retains and has continuously retained his or her right to the enrolment in respect of which the objection was made—reinstating on the Roll the name of the elector;
(g) reinstating any other name removed by mistake; and
(h) where the name of a street or any other part of an address that appears on the Roll is changed—substituting the new name or other part of the address for the name or other part of the address so appearing.
(1A) If the address of an elector is altered under paragraph (1)(h), then, after the alteration, this Act has effect as if the elector’s name had been placed on the Roll in respect of the address as altered.
(2) If:
(a) the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision (other than the Subdivision in which the elector was living at the date of the claim); and
(b) the elector was entitled on that date to be enrolled for the Subdivision in which he or she was living;
the Electoral Commissioner may remove the name of the elector from the Roll on which the elector is enrolled and place the name of the elector on the Roll for the Subdivision in which the elector is living and notify the elector of the change of enrolment.
(3) An alteration to a Roll in pursuance of subsection (1) or (2) may be made at any time.
(4) The Electoral Commissioner may enter the name of an elector who is not enrolled, and who has made a declaration vote, on the Roll for the Subdivision in which the elector was living at the time of voting if:
(a) at a preliminary scrutiny of declaration votes conducted in accordance with Schedule 3:
(i) the envelope containing the elector’s ballot paper meets the requirements of paragraph 6 of that Schedule (about ballot papers being properly issued); and
(ii) paragraph 12 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope; or
(b) at a preliminary scrutiny of declaration votes conducted in accordance with Schedule 4 to the Referendum (Machinery Provisions) Act 1984:
(i) the envelope containing the elector’s ballot paper meets the requirements of paragraph 6 of that Schedule (about ballot papers being properly issued); and
(ii) paragraph 11 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope.
106 Incorrect enrolment
Where a person, whose name has been placed on the Roll for a Division, is not entitled to enrol for that Division and that person secured enrolment pursuant to a claim in which the person made a false statement, the Electoral Commissioner, upon receipt of a certificate from the Australian Electoral Officer setting forth the facts, may, at any time between the date of the issue of the writ for an election for that Division, and before the close of the polling at that election, remove the name of that person from that Roll.
107 Alterations to be initialled
Every alteration of a Roll shall be made in such a manner that the original entry shall not be obliterated, and the reason for each alteration and the date thereof shall be set against the alteration, together with the initials of the person who makes the alteration.
108 Lists of deaths to be forwarded
The Registrar‑General shall as soon as practicable after the beginning of each month or at such other times as are arranged with the Electoral Commissioner:
(a) forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) a list of the names, addresses, occupations, ages, sexes and dates of death of all persons of the age of 16 years or upwards whose deaths have been registered during the preceding month for the State; and
(b) forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) any information that the Registrar‑General is required to forward under an agreement entered into for the purposes of this Act between the Electoral Commission and a Minister of the State or the Registrar‑General.
109 Lists of persons serving, or ceasing to serve, sentences of imprisonment to be forwarded
(1) The Controller‑General of Prisons of a State must, as soon as practicable after the beginning of each month, forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) a list of:
(a) the names, addresses, occupations and sexes of all persons who began serving a sentence of imprisonment of 3 years or longer in the State; and
(b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment of 3 years or longer in the State;
during the preceding month.
(2) Within 4 days of the day of the close of the Rolls for an election for a Division in a State, the Controller‑General of Prisons of the State must forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) a list of:
(a) the names, addresses, occupations and sexes of all persons who began serving a sentence of imprisonment of 3 years or longer in the State; and
(b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment of 3 years or longer in the State;
between the time the last list was forwarded by the Controller‑General under subsection (1) and the day of the close of the Rolls.
Note 1: For the definition of sentence of imprisonment, see subsection 4(1A).
Note 2: In this section, a reference to a State includes a reference to the Australian Capital Territory and the Northern Territory: see section 112.
110 Electoral Commissioner to act on receipt of information
(1) The Electoral Commissioner shall, upon receipt (whether by the Commissioner or by an officer nominated by the Commissioner) of information pursuant to sections 108 and 109, take action under this Act to effect such alterations of the Rolls as are necessary.
(2) The Electoral Commissioner shall not take action under subsection (1) to remove the name of an elector, other than a deceased elector, from the Roll otherwise than by way of an objection under Part IX.
111 Computer records relating to Roll
(1) Where, but for this subsection, the Electoral Commissioner is required or permitted under this Act or the regulations to record particulars (including make an annotation) in a written form on a Roll, the Electoral Commissioner may do so by recording or storing those particulars, or causing those particulars to be recorded or stored, on a mechanical, electrical or other device approved by the Commission.
(2) Where the Electoral Commissioner is required or permitted under this Act or the regulations to vary or remove particulars which, but for this section, would be on a Roll but which have been recorded or stored in accordance with this section, the Electoral Commissioner shall do so by varying or removing the particulars so recorded or stored, or causing the particulars so recorded or stored to be varied or removed, as the case may be.
(4) Where the Electoral Commissioner is required under this Act or the regulations to enter particulars on, vary particulars on, or remove particulars from, a Roll and the Electoral Commissioner complies with the requirement by taking action in accordance with this section, the Electoral Commissioner shall, for the purposes of this Act, including any provisions imposing obligations on the Electoral Commissioner, be taken to have entered those particulars on the Roll, varied those particulars or removed those particulars, as the case may be.
(5) Section 107 does not apply to alterations of a Roll made in pursuance of this section.
112 Application of Part to Australian Capital Territory and Northern Territory
This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.
Part IX—Objections
113 Interpretation
In this Part:
Antarctic elector means an elector whose name has been retained on the relevant Roll under Part XVII.
challenged elector means the person to whose enrolment an objection relates.
challenged enrolment means the enrolment to which an objection relates.
official objection means an objection by the Electoral Commissioner under subsection 114(2) or (4).
private objection means an objection under subsection 114(1), (1A) or (1B).
relevant Subdivision means the Subdivision for which the challenged elector is enrolled.
114 Objection to enrolment
(1) A person enrolled for a Subdivision may object to the enrolment of another person for that Subdivision on the ground, other than the ground specified in paragraph 93(8)(a), that the other person is not entitled to be enrolled for that Subdivision.
(1A) An elector may object to the enrolment of another person on the ground specified in paragraph 93(8)(a), whether or not the elector is enrolled in the same Subdivision as the other person.
(1B) A person enrolled for a Subdivision may object to the enrolment of another person for that Subdivision on the ground that:
(a) the other person’s name has been placed on the Roll for that Subdivision in respect of a particular address; and
(b) at the date of the objection, the other person does not live at that address, and has not lived at that address for a period of at least one month; and
(c) the other person is not an Antarctic elector.
(1C) A person must not object under subsection (1) to the enrolment of another person if the person could object under subsection (1B) to the enrolment of the other person.
(2) The Electoral Commissioner shall object to the enrolment of a person for a Subdivision of a Division if there are reasonable grounds for believing that the person is not entitled to be enrolled for that Subdivision.
(3) The Electoral Commissioner shall not object on the ground set out in paragraph 93(8)(a).
(4) The Electoral Commissioner must object to the enrolment of a person for a Subdivision of a Division if:
(a) the person’s name has been placed on the Roll for that Subdivision in respect of a particular address; and
(b) at the date of the objection, there are reasonable grounds for believing that the person does not live at that address, and has not lived at that address for a period of at least one month; and
(c) the person is not an Antarctic elector.
(5) The Electoral Commissioner must not object under subsection (2) to the enrolment of a person if the Electoral Commissioner could object under subsection (4) to the enrolment of the person.
(6) The Electoral Commissioner must not object under subsection (2) or (4) of this section to the enrolment of a person if the Electoral Commissioner has given the person a notice under subsection 103A(2) after becoming aware of the grounds mentioned in subsection (2) or (4) of this section.
115 Form and manner of objection
(1) An objection shall be in writing in the approved form.
(2) A private objection must be lodged with the Electoral Commissioner together, in the case of an objection under subsection 114(1) or (1B), with an amount of $2.
116 Notice of objection
(1) The Electoral Commissioner shall give notice of an objection to the challenged elector.
(2) A notice under subsection (1):
(a) shall be in the approved form;
(b) shall:
(i) in the case of a private objection—set out the name and address of the objector;
(ii) in the case of an official objection—set out the official title of the objector;
(iii) set out the ground or grounds of the objection; and
(iv) advise the elector of what he or she must do if he or she wishes to answer the objection; and
(c) may be given to the challenged elector by posting it to that elector at:
(i) a place notified by that elector to the Electoral Commissioner as the place to which notices under this Act may be sent;
(ii) if there is no such place, the place at which the Electoral Commissioner believes the elector to be living; or
(iii) if neither of subparagraphs (i) and (ii) applies, the place shown on the Roll as the elector’s place of residence.
(3) If the Electoral Commissioner is satisfied that an objection is frivolous or vexatious, the Electoral Commissioner may dismiss the objection without giving notice to the challenged elector.
(4) If:
(a) an objection is made on the ground specified in paragraph 93(8)(a); and
(b) the objection is not supported by a certificate of a medical practitioner;
the Electoral Commissioner shall dismiss the objection without giving notice to the challenged elector.
(5) The Electoral Commissioner must dismiss an objection under subsection 114(1) or (1B) without giving notice to the challenged elector, and repay the objector the amount of $2 lodged with the objection, if:
(a) the Electoral Commissioner gave the challenged elector a notice under subsection 103A(2) before the objection was made; and
(b) the Electoral Commissioner is satisfied that the objection does not provide any information inconsistent with the information the Electoral Commissioner considered in deciding to give the notice.
(6) The Electoral Commissioner must dismiss an objection, except one under subsection 114(1A), without giving notice to the challenged elector if the Electoral Commissioner gives the challenged elector a notice under subsection 103A(2) after the objection was made but before giving notice of the objection.
118 Determination of objection
(1) The Electoral Commissioner shall determine an objection as soon as practicable after:
(a) the receipt by the Electoral Commissioner of the answer of the challenged elector; or
(b) the end of 20 days after the giving of the notice of the objection;
whichever is the earlier.
(1A) However, the Electoral Commissioner must not determine an objection other than one under subsection 114(1A) if, after giving notice of the objection, the Electoral Commissioner gives the challenged elector a notice under subsection 103A(2).
(2) Before determining an objection, the Electoral Commissioner may make any inquiries the Electoral Commissioner considers necessary to ascertain the facts in relation to the objection.
(3) In the case of an objection under subsection 114(1), (1A) or (2), if it appears to the Electoral Commissioner that the challenged elector is not entitled to be enrolled for the relevant Subdivision, the Electoral Commissioner shall remove the elector’s name from the Roll for that Subdivision.
(4) The Electoral Commissioner shall not remove an elector’s name from the Roll on the ground specified in paragraph 93(8)(a) unless the objection is accompanied by a certificate of a medical practitioner stating that, in the opinion of the medical practitioner, the elector, because of unsoundness of mind, is incapable of understanding the nature and significance of enrolment and voting.
(4A) In the case of an objection under subsection 114(1B) or (4), if it appears to the Electoral Commissioner that:
(a) the challenged elector’s name has been placed on the Roll for the relevant Subdivision in respect of a particular address; and
(b) at the date of the objection, the challenged elector did not live at that address, and had not lived at that address for a period of at least one month; and
(c) the challenged elector is not an Antarctic elector;
the Electoral Commissioner must remove the elector’s name from the Roll for that Subdivision.
(5) During the period:
(a) starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(b) ending on the close of the poll for the election;
the Electoral Commissioner must not remove an elector’s name from the Roll for a Subdivision of that Division under subsection (3) or (4A).
(6) The Electoral Commissioner shall give to the objector and to the challenged elector written notice in the approved form of the decision of the Electoral Commissioner on an objection.
(7) Notice under subsection (6) may be given to the challenged elector by posting it to the elector at the address to which notice of the objection was posted.
(8) Where, as a result of a private objection under subsection 114(1) or (1B), an elector’s name is removed from the Roll, the amount of $2 lodged with the objection shall be repaid to the objector.
If objection is not determined because of notice under subsection 103A(2)
(9) If the Electoral Commissioner does not determine an objection because, after giving notice of the objection, the Electoral Commissioner gives the challenged elector a notice under subsection 103A(2), the Electoral Commissioner:
(a) must, if the objection is a private objection:
(i) give the objector written notice in the approved form that the Electoral Commissioner will not determine the objection; and
(ii) repay the objector the amount of $2 lodged with the objection; and
(b) must give the challenged elector notice that the Electoral Commissioner will not determine the objection; and
(c) may give the notice to the challenged elector in the same way as the Electoral Commissioner gives the notice under subsection 103A(2).
Part X—Review of decisions
120 Internal review
(1A) This section only applies in relation to decisions made by a delegate of the Electoral Commissioner who is not:
(a) the Deputy Electoral Commissioner; or
(b) an Australian Electoral Officer.
(1) A person notified of a reviewable decision made in relation to the person may apply, in writing, to the Electoral Commissioner for a review of the decision.
(2) For the purposes of this section, a decision by the Electoral Commissioner mentioned in an item in the following table is a reviewable decision in relation to the person mentioned in that item:
Reviewable decisions |
Item | Reviewable decision |
1 | A decision under section 93A to refuse to include a person’s name in a Roll. |
1A | A decision under section 94A to refuse an application under subsection 94A(1) by a person for enrolment for a Subdivision from outside Australia. |
2 | A decision under section 95 to refuse an application under subsection 95(1) by a person to have his or her name placed on a Roll and be treated as an eligible overseas elector. |
2A | A decision under section 96 to refuse an application under subsection 96(1) by a person for enrolment as an itinerant elector. |
3 | A decision under section 98A to refuse to include in a Roll, or transfer to a Roll, a person’s name. |
4 | A decision under subsection 102(1) to reject a person’s claim for enrolment, for transfer of enrolment, or for age 16 enrolment. |
5 | A decision under subsection 103A(3) or (4) to take action to update or transfer a person’s enrolment. |
6 | A decision under subsection 103B(3) or (4) to take action to enrol a person. |
7 | A decision under subsection 104(4) to refuse a request under subsection 104(1) or (2) that a person’s address not be entered on a Roll or that it be deleted from a Roll. |
8 | A decision under subsection 104(8) that a person’s address should be entered on the Roll. |
9 | A decision under section 105 to alter an entry on the Roll for a person (including a decision to add or remove a person’s name from a Roll). |
10 | A decision under section 116 or 118 to dismiss an objection made by a person or, because of subsection 118(1A), not to determine an objection made by a person. |
11 | A decision under section 118, on an objection, to remove a person’s name from the Roll. |
12 | A decision under section 185 to refuse to register a person as a general postal voter. |
13 | A decision under subsection 185C(1) to cancel a person’s registration as a general postal voter. |
(3) An application under subsection (1) may only be made before the end of the period of 28 days starting on the day on which notice is given as mentioned in that subsection.
(4) After receiving an application under subsection (1), the Electoral Commissioner must:
(a) personally review the reviewable decision; or
(b) cause the reviewable decision to be reviewed by a person to whom the Commissioner’s powers and functions under this section are delegated and who was not involved in making the reviewable decision.
(5) After the person mentioned in paragraph (4)(a) or (b) (the reviewer) has reviewed the reviewable decision, the reviewer must make a decision (an internal review decision):
(a) confirming the reviewable decision; or
(b) varying the reviewable decision; or
(c) setting aside the reviewable decision and substituting a new decision.
Note: An internal review decision is reviewable by the Administrative Appeals Tribunal (see section 121). Under the Administrative Appeals Tribunal Act 1975, notice must be given to persons whose interests are affected by an internal review decision.
(6) For the purpose of the review, the reviewer may exercise all the powers and discretions conferred by this Act on the person who made the reviewable decision.
121 Review by Administrative Appeals Tribunal
(1A) Except for decisions described in paragraph (1)(k), this section only applies in relation to:
(a) a decision made by the Electoral Commissioner personally; or
(b) a decision made by a delegate of the Electoral Commissioner who is:
(i) the Deputy Electoral Commissioner; or
(ii) an Australian Electoral Officer.
(1) Application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision under section 93A or 98A to refuse to include in a Roll, or transfer to a Roll, a person’s name; or
(b) a decision to refuse an application made under subsection 94A(1), 95(1) or 96(1); or
(c) a decision under section 102 to reject a claim for enrolment, for transfer of enrolment or for age 16 enrolment; or
(d) a decision to refuse a request made under subsection 104(1) or (2); or
(e) a decision under subsection 104(8) that a person’s address should be entered on a Roll; or
(f) a decision under section 105 to alter a Roll (including a decision to add or remove a person’s name from the Roll); or
(g) a decision under section 116 or 118 to dismiss an objection or not to determine an objection because of subsection 118(1A); or
(h) a decision under section 118 to remove a person’s name from a Roll pursuant to an objection; or
(i) a decision to refuse an application made under subsection 184A(1); or
(j) a decision to cancel a person’s registration as a general postal voter; or
(k) an internal review decision made under subsection 120(5).
(2) In this section, decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.
122 Application of Part to Australian Capital Territory and Northern Territory
This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.
Part XI—Registration of political parties
123 Interpretation
(1) In this Part, unless the contrary intention appears:
address does not include a postal address that consists of a post office box number.
eligible political party means a political party that:
(a) either:
(i) is a Parliamentary party; or
(ii) has at least 500 members; and
(b) is established on the basis of a written constitution (however described) that sets out the aims of the party.
Parliamentary party means a political party at least one member of which is a member of the Parliament of the Commonwealth.
secretary, in relation to a political party, means the person who holds the office (however described) the duties of which involve responsibility for the carrying out of the administration, and for the conduct of the correspondence, of the party.
(2) For the purposes of this Part, 2 political parties shall be taken to be related if:
(a) one is a part of the other; or
(b) both are parts of the same political party.
(3) A reference in this Part to a member of a political party is a reference to a person who is both:
(a) a member of the political party or a related political party; and
(b) an elector.
124 Registration of political parties
Subject to this Part, an eligible political party may be registered under this Part for the purposes of this Act.
125 Register of Political Parties
The Electoral Commission shall establish and maintain a Register, to be known as the Register of Political Parties, containing a list of the political parties that are registered under this Part.
126 Application for registration
(1) An application for the registration of an eligible political party may be made to the Electoral Commission by:
(a) in the case of a Parliamentary party:
(i) the secretary of the party; or
(ii) the member, or all the members, of the Commonwealth Parliament who is a member, or who are members, of the party; or
(b) in the case of a political party other than a Parliamentary party—10 members of the party, of whom one is the secretary of the party.
However, where a member of a Parliamentary party:
(c) who is a member of the Commonwealth Parliament; and
(d) who has previously made an application for the registration of that Parliamentary party (the first party);
makes an application for the registration of another party, the Commission must not proceed with the application for the registration of that other party unless the Commission is satisfied that the member is no longer a member of the first party. If the Commission is so satisfied, the Commission must take any action required by section 136 immediately.
(2) An application for the registration of an eligible political party shall be in writing, signed by the applicant or applicants and by the person who is to be the registered officer of the party, and shall:
(a) set out the name of the party;
(b) if the party wishes to be able to use for the purposes of this Act an abbreviation of its name—set out that abbreviation;
(c) set out the name and address of the person who is to be the registered officer of the party for the purposes of this Act;
(ca) include a list of the names of the 500 members of the party to be relied on for the purposes of registration;
(d) state whether or not the party wishes to receive moneys under Division 3 of Part XX;
(e) set out the name and address of the applicant or the names and addresses of the applicants and particulars of the capacity in which the applicant or each applicant makes the application; and
(f) be accompanied by a copy of the constitution of the party; and
(g) be accompanied by a fee of $500.
(2A) Two or more parties cannot rely on the same member for the purpose of qualifying or continuing to qualify as an eligible political party. The following provisions apply accordingly:
(a) a member who is relied on by 2 or more parties may nominate the party entitled to rely on the member, but if a party is not nominated after the Electoral Commission has given the member at least 30 days to do so, the member is not entitled to be relied on by any of those parties;
(b) the members on whom a registered party relies may be changed at any time by an amendment of the Register of Political Parties;
(c) the registration of a party is not to be cancelled because of this subsection unless the Electoral Commission has taken action to determine whether the party should be deregistered because of paragraph 137(1)(a), (b) or (c).
(3) Upon receipt of an application for the registration of a political party, the Electoral Commission shall deal with the application in accordance with this Part and determine whether the party can be registered.
127 Party not to be registered during election
During the period commencing on the day of the issue of the writ for a Senate election or a House of Representatives election and ending on the day on which the writ is returned, no action shall be taken in relation to any application for the registration of a political party, including any action by the Administrative Appeals Tribunal in respect of a decision of the Electoral Commission that relates to such an application.
129 Parties with certain names not to be registered
(1) The Electoral Commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or the abbreviation of its name that it wishes to be able to use for the purposes of this Act (if any):
(a) comprises more than 6 words;
(b) is obscene;
(c) is the name, or is an abbreviation or acronym of the name, of another political party (not being a political party that is related to the party to which the application relates) that is a recognised political party;
(d) so nearly resembles the name, or an abbreviation or acronym of the name, of another political party (not being a political party that is related to the party to which the application relates) that is a recognised political party that it is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be; or
(da) is one that a reasonable person would think suggests that a connection or relationship exists between the party and a registered party if that connection or relationship does not in fact exist; or
(e) comprises the words “Independent Party” or comprises or contains the word “Independent” and:
(i) the name, or an abbreviation or acronym of the name, of a recognised political party; or
(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a recognised political party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be.
(2) In this section:
recognised political party means a political party that is:
(a) a Parliamentary party; or
(b) a registered party; or
(c) registered or recognised for the purposes of the law of a State or a Territory relating to elections and that has endorsed a candidate, under the party’s current name, in an election for the Parliament of the State or Assembly of the Territory in the previous 5 years.
130 Different levels of party may be registered
The Electoral Commission may register an eligible political party notwithstanding that a political party that is related to it has been registered.
131 Variation of application
(1) Where, after initial consideration of an application for the registration of a political party, the Electoral Commission is of the opinion that it is required to refuse the application but that the applicant or applicants might be prepared to vary the application in such a way that it would not be so required, the Commission shall give the applicant or applicants written notice that it is of that opinion, setting out the reasons for its opinion and the terms of the provisions of subsections (2) and (3).
(2) Where notice is given under subsection (1) in relation to an application, the Electoral Commission is not required to give further consideration to the application unless and until notice is lodged with it under subsection (3).
(3) Where notice is given under subsection (1) in relation to an application for the registration of a political party, the applicant or applicants may lodge with the Electoral Commission a written request, signed by the applicant or applicants, to:
(a) vary the application in a manner specified in the request; or
(b) proceed with the application in the form in which it was lodged;
and the Commission shall comply with the request.
(4) If a request is made under subsection (3) to vary an application, the application as varied is to be treated for the purposes of this section as if it were a new application.
132 Procedure for dealing with application
(1) If:
(a) an application for registration is lodged with the Electoral Commission; and
(b) the Commission does not give a notice under subsection 131(1) in respect of that application;
the Electoral Commissioner:
(c) must publish a notice of the application:
(i) in a newspaper circulating generally in each State and Territory; and
(ii) on the Electoral Commission’s website; and
(d) may publish the notice in any other way the Electoral Commissioner considers appropriate.
(2) A notice under subsection (1) in relation to an application shall:
(a) set out the particulars specified in the application in accordance with subsection 126(2); and
(b) invite any persons who believe that the application:
(i) does not relate to an eligible political party;
(ii) is not in accordance with section 126; or
(iv) should be refused under section 129;
to submit written particulars of the grounds for that belief to the Electoral Commission within 1 month after the date of the publication of the notice on the Electoral Commission’s website.
(3) Particulars submitted by a person under subsection (2) shall be signed by, and specify an address of, that person.
(4) Particulars submitted under paragraph (2)(b) shall, as soon as practicable, be made available at the principal office of the Electoral Commission in Canberra for inspection by members of the public.
(5) The Electoral Commission shall:
(a) give a copy of all of the particulars (if any) submitted under paragraph (2)(b) to the person who is to be the registered officer of the party concerned; and
(b) at the same time, give to the person a notice inviting the person to submit a reply to the particulars to the Commission within the time specified in the notice.
(6) A reply submitted under subsection (5) shall, as soon as practicable, be made available at the principal office of the Electoral Commission in Canberra for inspection by members of the public.
(7) The Electoral Commission shall not register a political party unless:
(a) it has published notice of the application for registration in accordance with this section;
(b) a period of at least one month has elapsed after the date of publication of notice of the application on the Electoral Commission’s website;
(c) where particulars have been submitted under paragraph (2)(b), either:
(i) the time specified in a notice under subsection (5) has expired; or
(ii) a reply to the particulars has been received; and
(d) the Commission has considered those particulars (if any) and any reply to the particulars.
132A Electoral Commission to give reasons for decisions under this Part
(1) The Electoral Commission must:
(a) give the parties to an application under section 126 written notice of the reasons for its decision in relation to the application if it decides not to register the party concerned; and
(b) take such steps as the Commission considers appropriate to publicise those reasons.
(2) For the purposes of subsection (1), the parties to the application are:
(a) the applicant; and
(b) any person who submits particulars in relation to the application under subsection 132(2).
133 Registration
(1) Where the Electoral Commission determines that a political party an application for the registration of which has been made should be registered, it shall:
(a) register the party by entering in the Register:
(i) the name of the party;
(ii) if an abbreviation of the name of the party was set out in the application—that abbreviation;
(iii) the name and address of the person who has been nominated as the registered officer of the party for the purposes of this Act; and
(iv) where the party has in its application stated that it wishes to receive moneys under Division 3 of Part XX—a statement indicating that the party so wishes;
(b) give written notice to the applicant or applicants that it has registered the party;
(c) if any person or persons submitted particulars in response to the invitation referred to in paragraph 132(2)(b) in relation to the application—give written notice to that person or those persons that it has registered the party, setting out in the notice to each person the reasons for rejecting the reasons particulars of which were so submitted by the person.
(1A) If the Electoral Commission makes a determination under subsection (1) that a political party should be registered, the Electoral Commissioner:
(a) must publish notice of the registration of the party on the Electoral Commission’s website; and
(b) may publish notice of the registration in any other way the Electoral Commissioner considers appropriate.
(2) Where a statement is entered in the Register that a political party wishes to receive moneys under Division 3 of Part XX, that party shall, for the purposes of Part XX, be taken to have been registered for public funding.
(3) Where the Electoral Commission determines that an application for the registration of a political party should be refused, it shall give the applicant or applicants written notice that it has refused the application, setting out the reasons for its so refusing.
134 Changes to Register
(1) Where a political party is registered under this Part, an application may be made to the Electoral Commission, by:
(a) in the case of a Parliamentary party—either the secretary of the party or all the members of the Commonwealth Parliament who are members of, or the member of that Parliament who is a member of, the party; or
(b) in the case of a political party other than a Parliamentary party—3 members of the party;
to change the Register by:
(c) changing the name of the party to a name specified in the application;
(d) if an abbreviation of the name of the party is entered in the Register—changing that abbreviation to an abbreviation specified in the application;
(e) if an abbreviation of the name of the party is not entered in the Register—entering in the Register an abbreviation of the name of the party, being an abbreviation specified in the application;
(f) entering in, or removing from, the Register a statement that the party wishes to receive moneys under Division 3 of Part XX; or
(g) substituting for the name of the registered officer entered in the Register the name of a person specified in the application.
(1A) Where a political party is registered under this Part, the registered officer of the party may apply to the Electoral Commission to change the Register by substituting for the address of the registered officer entered in the Register the address specified in the application.
(2) An application under subsection (1):
(a) shall be in writing, signed by the applicant or applicants;
(b) in the case of an application to substitute the name of a person as the name of the registered officer of a political party, shall be signed by that person and may be signed by the registered officer; and
(c) shall set out the name and address of the applicant or the names and addresses of the applicants and particulars of the capacity in which the applicant or each applicant makes the application; and
(d) for the purposes of paragraph (1)(c), (d) or (e)—must be accompanied by a fee of $500.
(2A) An application under subsection (1A) shall be signed by the applicant.
(3) Upon receipt of an application under subsection (1) or (1A), the Electoral Commission shall deal with the application in accordance with this Part and determine whether the change requested in the application should be made.
(4) In respect of an application under subsection (1) for a change referred to in paragraph (1)(c), (d) or (e), sections 127, 129, 131 and 132 apply in relation to the application as if:
(a) a reference in those sections to an application for registration were a reference to an application for that change;
(b) subparagraph (2)(b)(i) were omitted from section 132; and
(c) a reference in subparagraph 132(2)(b)(ii) to section 126 were a reference to this section.
(5) Where an application under subsection (1) to substitute the name of a person for the name of the registered officer of a political party is not signed by the registered officer, the Electoral Commission shall:
(a) give the registered officer written notice of the application for the change and invite the registered officer, if he or she considers that there are reasons why the change should not be made, to submit written particulars of those reasons to the Commission within 7 days after the date on which the notice was given; and
(b) consider any particulars submitted in response to the invitation referred to in paragraph (a).
(6) Where the Electoral Commission determines that an application under subsection (1) or (1A) should be granted, it shall:
(a) change the Register accordingly;
(b) give the applicant or applicants written notice that it has made the change;
(c) in the case of a change referred to in paragraph (1)(c), (d) or (e) in respect of which any person or persons submitted particulars in response to the invitation referred to in paragraph 132(2)(b) in its application by virtue of subsection (4)—give written notice to that person or those persons that it has made the change, setting out in the notice to each person the reasons for rejecting the reasons particulars of which were so submitted by the person;
(d) in the case of an application to substitute the name of a person for the name of the registered officer of the party, being an application in respect of which the registered officer submitted particulars under paragraph (5)(a)—give written notice to that registered officer that it has made the change setting out the reasons for rejecting the reasons particulars of which were so submitted.
(6A) If the Register is changed in accordance with paragraph (6)(a), the Electoral Commissioner:
(a) must publish notice of the change on the Electoral Commission’s website; and
(b) may publish notice of the change in any other way the Electoral Commissioner considers appropriate.
(7) Where the Electoral Commission determines that an application under subsection (1) or (1A) should be refused it shall give the applicant or applicants written notice that it has so determined.
(8) The Electoral Commission must:
(a) give an applicant who makes an application under subsection (1) to change the Register in the way referred to in paragraph (1)(c), (d) or (e) written notice of the reasons for its decision in relation to the application if it refuses to grant the application; and
(b) take such steps as the Commission considers appropriate to publicise those reasons.
134A Objection to continued use of name
(1) If:
(aa) one registered political party (the parent party) was registered under section 126 before another registered party (the second party); and
(a) the Electoral Commission is satisfied that:
(i) the name of the parent party is the same as, or relevantly similar to, the name of the second party and the parties are not related at the time of the objection; or
(ii) the name of the second party is one that a reasonable person would think suggests that a connection or relationship exists between the second party and the parent party and that connection or relationship does not in fact exist; and
(iii) the second party was registered after the commencement of this section; and
(b) the registered officer of the parent party objects in writing to the continued use of the name by the second party;
the Commission must:
(d) uphold the objection; and
(e) notify the registered officer of the second party, at the address specified in the Register, that the second party will be deregistered under section 137 if:
(i) it does not make an application under section 134 for a change of name within 1 month of the date of the notice; or
(ii) it makes such an application, but the application is refused.
(2) For the purposes of paragraph (1)(a), the name of a party is relevantly similar to the name of another party if, in the opinion of the Electoral Commission, the name so nearly resembles the name of the other party that it is likely to be confused with or mistaken for that name.
(2A) The Electoral Commission must:
(a) give the parties to an objection under this section written notice of the reasons for its decision in relation to the objection if it upholds the objection; and
(b) take such steps as the Commission considers appropriate to publicise those reasons.
(2B) For the purposes of subsection (2A), the parties to the objection are:
(a) the registered officer of the parent party; and
(b) the registered officer of the second party.
(3) In this section:
name, in relation to a registered political party, means:
(a) the name of the party that is entered in the Register; or
(b) the abbreviation, entered in the Register, of the name of the party.
135 Voluntary deregistration
(1) A political party that is registered under this Part shall be deregistered by the Electoral Commission if an application to do so is made to the Commission by a person or persons who are entitled to make an application for a change to the Register under section 134 in relation to the party.
(2) An application under subsection (1) shall:
(a) be in writing, signed by the applicant or applicants; and
(b) set out the name and address of the applicant or the names and addresses of the applicants and particulars of the capacity in which the applicant or each applicant makes the application.
(3) Where a political party is deregistered under subsection (1), that party, or a party that has a name that so nearly resembles the name of the deregistered party that it is likely to be confused with or mistaken for that name, is ineligible for registration under this Part until after the general election next following the deregistration.
136 Deregistration of party failing to endorse candidates or ceasing to be a Parliamentary party
(1) A registered political party is liable to deregistration if:
(aa) the party has been registered for more than 4 years and during that time has not endorsed a candidate for any election; or
(a) a period of 4 years has elapsed since the polling day in the last election for which the party endorsed a candidate; or
(b) in the case of a party that was a Parliamentary party when it was registered:
(i) the party has ceased to be a Parliamentary party; and
(ii) the party has fewer than 500 members.
(1A) If a party becomes liable to deregistration, the Electoral Commission shall:
(a) deregister the party;
(b) give written notice of the deregistration to the person who was the registered officer of the party immediately before the deregistration.
(1B) If a political party is deregistered under subsection (1A), the Electoral Commissioner:
(a) must publish notice of the deregistration on the Electoral Commission’s website; and
(b) may publish notice of the deregistration in any other way the Electoral Commissioner considers appropriate.
(2) Where a political party is deregistered under subsection (1A), that party, or a party that has a name that so nearly resembles the name of the deregistered party that it is likely to be confused with or mistaken for that name, is ineligible for registration under this Part until after the general election next following the deregistration.
(3) A Parliamentary party shall not be deregistered under this section.
137 Deregistration of political party on other grounds
(1) If the Electoral Commission is satisfied on reasonable grounds that:
(a) a political party registered under this Part has ceased to exist (whether by amalgamation with another political party or otherwise); or
(b) a political party so registered, not being a Parliamentary party, has ceased to have at least 500 members; or
(c) the registration of a political party so registered was obtained by fraud or misrepresentation; or
(ca) an objection against the continued use of a name (within the meaning of section 134A) by a political party so registered has been upheld under section 134A, but an application to change the party’s name:
(i) was not made under section 134 within one month of the upholding of the objection; or
(ii) was so made within one month of the upholding of the objection, but was later refused; or
(cb) the registered officer of a registered political party has failed to comply with a notice under section 138A (Review of eligibility of parties to remain in the Register);
the Commission must give the registered officer of the party notice, in writing, that it is considering deregistering the party under this section, setting out its reasons for considering doing so and the terms of the provisions of subsections (2), (3), (4) and (5).
(1A) If the Electoral Commission gives a notice under subsection (1), the Electoral Commissioner:
(a) must publish a notice, on the Electoral Commission’s website:
(i) stating that the Commission is considering deregistering the party under this section; and
(ii) specifying the paragraph of subsection (1) by reason of which it is considering doing so; and
(b) may publish a notice covered by paragraph (a) of this subsection in any other way the Electoral Commissioner considers appropriate.
(2) Where a notice is given under subsection (1) in relation to a political party, the registered officer of the party or 10 members of the party may, within 1 month after the date on which the notice was given, lodge with the Electoral Commission a statement, in writing, signed by the registered officer or by those members of the party, as the case may be, setting out reasons why the party should not be deregistered under this section.
(3) Where a statement lodged under subsection (2) is signed by 10 members of a political party, the statement shall set out the names and addresses of those members and contain a statement that they are members of that party.
(4) Where a notice is given under subsection (1) in relation to a political party and a statement is not lodged under subsection (2) in response to that notice, the Electoral Commission shall deregister the party.
(5) Where, in response to a notice given under subsection (1) in relation to a political party, a statement is lodged under subsection (2), the Electoral Commission shall consider that statement and determine whether the political party should be deregistered for the reason set out in that notice.
(6) Where, under subsection (5), the Electoral Commission determines that a political party should be deregistered, it shall:
(a) deregister the party;
(b) give the person who was the last registered officer of the party written notice of the deregistration, setting out its reasons for rejecting the reasons set out in the statement lodged under subsection (2).
(6A) If the Electoral Commission deregisters a party under subsection (4) or (6), the Electoral Commissioner:
(a) must publish a notice of the deregistration on the Electoral Commission’s website; and
(b) may publish a notice of the deregistration in any other way the Electoral Commissioner considers appropriate.
(7) Where, under subsection (5), the Electoral Commission determines that a political party should not be deregistered under this section, it shall give the registered officer of the party written notice of its determination.
138 Deregistration
Where a political party is deregistered under section 135, 136 or 137, the Electoral Commission shall cause the particulars on the Register that relate to that party to be cancelled.
138A Review of eligibility of parties to remain in the Register
(1) The Electoral Commission may review the Register to determine whether one or more of the parties included in the Register:
(a) is an eligible political party; or
(b) should be deregistered under section 136 or 137.
(2) The Electoral Commission may do so at any time other than during the period that:
(a) starts on the day of the issue of a writ for a Senate election or House of Representatives election; and
(b) ends on the day on which the writ is returned.
(3) For the purposes of reviewing the Register, the Electoral Commission may give a written notice to the registered officer of a registered political party requesting specified information on the party’s eligibility to be registered under this Part.
(4) The notice must specify a period within which the information must be provided. The period must be at least 2 months.
(5) The registered officer must comply with the notice within the specified period. However, the Electoral Commission may extend that period.
Note: A failure to comply with the notice may lead to deregistration (see paragraph 137(1)(cb)).
139 Inspection of Register
The Register shall be open for public inspection, without fee, during ordinary office hours at the principal office of the Electoral Commission in Canberra.
140 Service of documents
(1) Where the Electoral Commission is required by this Part to give a written notice to:
(a) an applicant or applicants for registration;
(b) the registered officer of a political party;
(c) the person who was the registered officer of a political party immediately before its deregistration;
(d) a person who submitted particulars to it; or
(e) a person who made an application under subsection 141(2);
that notice shall be given by being posted by pre‑paid post as a letter addressed to:
(f) the person nominated as the registered officer in the application for registration at his or her address shown in the application;
(g) the registered officer of the political party at his or her address set out in the Register;
(h) the last registered officer of the party at his or her address shown in the Register;
(j) the person who submitted the particulars at the address specified in the particulars; or
(k) the person who made the application under subsection 141(2) at the address specified in the application;
as the case may be.
(2) Where a person is, or persons are, entitled by this Part to make an application to the Electoral Commission, the person or persons shall do so by causing the application to be lodged at the principal office of the Commission in Canberra, in the capital city of a State or in Darwin.
(3) Where a person is, or persons are, entitled by this Part to lodge a document (other than an application) with the Electoral Commission, the person or persons shall do so by causing the documents to be lodged at the principal office of the Commission in Canberra.
141 Review of certain decisions
(1) In this section:
decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.
Electoral Commission does not include a delegate of the Electoral Commission.
person includes a political party.
reviewable decision means a decision of the Electoral Commission, or of a delegate of the Electoral Commission:
(a) to register a political party under this Part; or
(b) to refuse an application for the registration of a political party under this Part; or
(c) to grant an application under subsection 134(1); or
(ca) to uphold an objection under subsection 134A(1); or
(cb) to refuse to uphold an objection under subsection 134A(1); or
(d) to refuse an application under subsection 134(1); or
(e) to deregister a political party under subsection 137(6).
(2) Where a delegate of the Electoral Commission makes a reviewable decision, a person affected by the decision who is dissatisfied with the decision may, within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Commission (either before or after the expiration of that period) allows, make a written application to the Commission for the review of the decision by the Commission, specifying in the application an address of the applicant.
(3) There shall be set out in the application under subsection (2) the reasons for making the application.
(4) Upon the receipt of an application under subsection (2) for the review of a reviewable decision, the Electoral Commission shall review that decision and shall make a decision:
(a) affirming the decision under review;
(b) varying the decision under review; or
(c) setting aside the decision under review and making a decision in substitution for the decision so set aside.
(5) Application may be made to the Administrative Appeals Tribunal for review of a reviewable decision made by the Electoral Commission or a decision under subsection (2) or (4).
(6) For the purposes of a review referred to in subsection (5), the Administrative Appeals Tribunal is to be constituted by 3 members, at least one of whom is a Judge of the Federal Court of Australia.
(6A) Subsection 21(1AA) of the Administrative Appeals Tribunal Act 1975 does not apply in relation to a review referred to in subsection (5) of this section.
(7) Where the Electoral Commission makes a decision under subsection (4), it shall give written notice of that decision to:
(a) the person, or each person, to whom written notice of the reviewable decision to which the decision of the Commission relates was given under this Part; and
(b) the person who made the application for the review of that reviewable decision.
(8) Where a delegate of the Electoral Commission makes a reviewable decision, a written notice of the decision given to a person or persons under this Part shall include a statement to the effect that:
(a) a person affected by the decision may, if dissatisfied with the decision, seek a review of the decision by the Commission in accordance with subsection (2); and
(b) a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with a decision made by the Commission upon that review make application to the Administrative Appeals Tribunal for review of the decision made by the Commission.
(9) Where the Electoral Commission makes a reviewable decision or a decision under subsection (2) or (4), a written notice of the decision given to a person or persons under this Part shall include a statement to the effect that a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with the decision, make an application to the Administrative Appeals Tribunal for review of the decision.
(10) Any failure to comply with the requirement of subsection (8) or (9) in relation to a decision does not affect the validity of the decision.
Part XIII—Writs for elections
151 Issue of writs for election of Senators for Territories
(1) The Governor‑General may cause writs to be issued for elections of Senators for Territories.
(2) The writs for the elections of Senators for Territories in accordance with section 43 shall be issued within 10 days from the expiry of the House of Representatives or from the proclamation of a dissolution of the House of Representatives.
152 Forms of writs
(1) Writs for the election of Senators for States, Senators for Territories or Members of the House of Representatives may be in the Form A, Form AA or Form B respectively in Schedule 1, shall be signed by the Governor of a State, the Governor‑General or the Speaker, as the case requires, and shall fix the date for:
(a) the close of the Rolls;
(b) the nomination;
(c) the polling; and
(d) the return of the writ.
(2) For the purposes of this Act a writ shall be deemed to have been issued at the hour of 6 o’clock in the afternoon of the day on which the writ was issued.
153 Writs for election of Senators
(1) A writ for the election of Senators shall be addressed to the Australian Electoral Officer for the State or Territory for which the election is to be held.
(2) Where a writ for an election of Senators is received by the Australian Electoral Officer for a State or Territory under subsection (1), the officer shall:
(a) endorse on the writ the date of its receipt;
(b) advertise receipt of, and particulars of, the writ:
(i) in not less than 2 newspapers circulating generally in the State or Territory; or
(ii) if there is only one newspaper circulating generally in the State or Territory—in that newspaper;
(c) take such steps as the officer considers appropriate to advise each Divisional Returning Officer in the State or Territory of the dates fixed by the writ; and
(d) give such directions as the officer considers appropriate to each Divisional Returning Officer in relation to the holding of the election.
154 Writs for election of members of House of Representatives
(1) A writ for the election of a Member of the House of Representatives or for a general election for the House of Representatives shall be addressed to the Electoral Commissioner.
(2) Only 8 writs shall be issued for each general election, namely:
(a) a writ that relates to the members to be elected from New South Wales;
(b) a writ that relates to the members to be elected from Victoria;
(c) a writ that relates to the members to be elected from Queensland;
(d) a writ that relates to the members to be elected from South Australia;
(e) a writ that relates to the members to be elected from Western Australia;
(f) a writ that relates to the members to be elected from Tasmania;
(g) a writ that relates to the members to be elected from the Australian Capital Territory; and
(h) a writ that relates to the member to be elected from the Northern Territory.
(2A) If, under subsection 48(2A), the Electoral Commissioner makes a determination that the number of members of the House of Representatives to be chosen in the Northern Territory at a general election is 2 or a greater number, subsection (2) of this section shall have effect, after the making of that determination, as if the word “member” were omitted from paragraph (2)(h) and the word “members” substituted.
(3) The 8 writs issued for a general election shall be issued on the same day.
(4) Where a writ for an election to be held in a Division, or each Division, in a State or Territory is received by the Electoral Commissioner under subsection (1), the Commissioner shall:
(a) endorse on the writ the date of its receipt;
(b) advertise receipt of, and particulars of, the writ:
(i) in not less than 2 newspapers circulating generally in the State or Territory; or
(ii) if there is only one newspaper circulating generally in the State or Territory—in that newspaper;
(c) take such steps as the Commissioner considers appropriate to advise the Divisional Returning Officer or each Divisional Returning Officer, as the case requires, of the particulars of the writ, including the dates fixed by the writ; and
(d) give such directions as the Commissioner considers appropriate to the Divisional Returning Officer or each Divisional Returning Officer, as the case requires, in relation to the holding of the election.
(5) Where a writ for an election to be held in a Division or Divisions is received by the Electoral Commissioner under subsection (1), the Commissioner may, where he or she considers it appropriate, advertise receipt of, and particulars of, the writ, in a newspaper or newspapers circulating in the Division or in some or all of the Divisions, as the case requires.
155 Date for close of Rolls
The date fixed for the close of the Rolls is the seventh day after the date of the writ.
156 Date of nomination
(1) Subject to subsection (2), the date fixed for the nomination of the candidates shall not be less than 10 days nor more than 27 days after the date of the writ.
(2) Where a candidate for an election dies, after being nominated and before 12 o’clock noon on the day fixed by the writ as the date of nomination for the election, the day fixed as the date of nomination for the election shall, except for the purposes of section 157, be taken to be the day next succeeding the day so fixed.
157 Date of polling
The date fixed for the polling shall not be less than 23 days nor more than 31 days after the date of nomination.
158 Polling to be on a Saturday
The day fixed for the polling shall be a Saturday.
159 Date of return of writ
The date fixed for the return of the writ shall not be more than 100 days after the issue of the writ.
160 General election to be held on same day
In the case of a general election for the House of Representatives the same day shall be fixed for the polling in each Division, and all writs shall be made returnable on the same day.
161 Application of Part
This Part applies in relation to a Subdivision in relation to which an Assistant Divisional Returning Officer is appointed as if references in this Part, in relation to a Subdivision, to a Divisional Returning Officer were references to an Assistant Divisional Returning Officer.
Part XIV—The nominations
162 Candidates must be nominated
No person shall be capable of being elected as a Senator or a Member of the House of Representatives unless duly nominated.
163 Qualifications for nomination
(1) A person who:
(a) has reached the age of 18 years;
(b) is an Australian citizen; and
(c) is either:
(i) an elector entitled to vote at a House of Representatives election; or
(ii) a person qualified to become such an elector;
is qualified to be elected as a Senator or a member of the House of Representatives.
(2) A person is not entitled to be nominated for election as a Senator or a member of the House of Representatives unless the person is qualified under subsection (1).
164 State and Territory members not entitled to be nominated
A person who is, at the hour of nomination, a member of:
(a) the Parliament of a State;
(b) the Legislative Assembly of the Northern Territory of Australia; or
(c) the Legislative Assembly for the Australian Capital Territory;
is not capable of being nominated as a Senator or as a Member of the House of Representatives.
165 Multiple nominations prohibited
(1) Where:
(a) a day is fixed as the polling day for 2 or more elections under this Act; and
(b) at the hour of nomination there exist nominations of a person for 2 or more of those elections;
each of those nominations is invalid.
(2) For the purposes of subsection (1), where a person has consented to act if elected in relation to a nomination in relation to an election and the person withdraws that consent under section 177 before the hour of nomination, the nomination of the person for the election shall be taken to have ceased to have effect at the time when the person withdrew that consent.
166 Mode of nomination
Nominations of single candidates as Senators or members
(1) Subject to subsections (1A), (1AA), (1B) and (1C), a nomination may be in Form C, CA, D or DA in Schedule 1, as the case requires, and must:
(a) set out the name, place of residence and occupation of the candidate; and
(b) be signed by:
(i) not less than 100 electors entitled to vote at the election for which the candidate is nominated; or
(ii) the registered officer of the registered political party by which the candidate has been endorsed for that election.
(1AAAA) If:
(a) 2 or more candidates in a Senate election make a joint request under section 168; and
(b) a person signs, under subparagraph (1)(b)(i), a nomination for more than one of the candidates;
the person’s signature must not be counted for any of the candidates for the purposes of that subparagraph.
Nominations of 2 or more candidates as Senators
(1AAA) Subject to subsections (1A), (1AA) and (1B), a nomination may be in Form CC in Schedule 1, and must:
(a) set out the name, place of residence and occupation of each candidate; and
(b) be signed by the registered officer of the registered political party by which the candidates have been endorsed for that election.
Other matters relating to nominations
(1A) Where:
(a) a candidate in a Senate election is:
(i) a Senator; or
(ii) in the case of an election following a dissolution of the Senate, a person who was, immediately before the dissolution, a Senator; and
(b) the candidate’s name is, under subsection 99(4), enrolled on the Roll for any Subdivision of a Division of the State or Territory that he or she represents or represented;
the candidate may set out in his or her nomination the address recorded in that enrolment rather than his or her place of residence.
(1AA) For a House of Representatives election for a particular Division, the registered officer of a particular registered political party must not sign nominations under subparagraph 166(1)(b)(ii) for that election for more than one candidate.
Note: This does not prevent an amendment of a nomination under section 177 (withdrawal of consent to a nomination) or 180 (death of candidate after nomination).
(1B) Where:
(a) a candidate in an election for the House of Representatives was, immediately before the dissolution or expiration of the House of Representatives that preceded the election, a member of the House of Representatives; and
(b) the candidate’s name is, under subsection 99(4), enrolled on the Roll for any Subdivision of the Division that he or she represented;
the candidate may set out in his or her nomination the address recorded in that enrolment rather than his or her place of residence.
(1C) A nomination form need only be signed by at least one other person entitled to vote at the election (the new election) for which the candidate is nominated if the candidate:
(a) is a sitting independent in relation to the new election; and
(b) is not endorsed by a registered political party in the new election at the close of nominations.
(1D) For the purposes of subsection (1C), a candidate for election to the Senate for a State or Territory is a sitting independent for the new election if:
(a) the candidate was elected as a Senator for that State or Territory in an election (the previous election); and
(b) the candidate was not endorsed by a registered political party in the previous election; and
(c) the candidate continues to be a Senator for that State or Territory as a result of the previous election until:
(i) the writ for the new election is issued; or
(ii) if the writ for the new election is issued in relation to a dissolution of the Senate—that dissolution of the Senate.
(1E) For the purposes of subsection (1C), a candidate for election to the House of Representatives for a Division (the seat being contested) is a sitting independent for the new election if:
(a) the candidate was elected as a member of the House of Representatives in an election (the previous election) for a particular Division (the existing seat); and
(b) the candidate was not endorsed by a registered political party in the previous election; and
(c) the candidate continues to be a member of the House of Representatives for the existing seat as a result of the previous election until:
(i) the writ for the new election is issued; or
(ii) if the writ for the new election is issued in relation to a dissolution of the House of Representatives—that dissolution of the House of Representatives; and
(d) the existing seat is either the same as, or has territory in common with, the seat being contested.
(2) A nomination may name a candidate only by specifying:
(a) the surname and the Christian or given name, or one or more of the Christian or given names, under which the candidate is enrolled; or
(b) in a case where the candidate is not enrolled—a surname and the Christian or given name, or one or more of the Christian or given names, under which the candidate is entitled to be enrolled.
(3) For the purposes of subsection (2), a Christian or given name may be specified by specifying:
(a) an initial standing for that name; or
(b) a commonly accepted variation of that name (including an abbreviation or truncation of that name or an alternative form of that name).
(4) A nomination shall include a statement of the form in which the candidate’s name or candidates’ names, as the case may be, is or are to be printed on the ballot papers for the election.
(5) Where:
(a) persons to be nominated as candidates in a Senate election wish to have their names grouped in the ballot papers; and
(b) those persons have been endorsed for that election by different registered political parties;
the nominations of the candidates may be combined in such manner as the Electoral Commission approves.
(6) Nothing in this Act is to be taken as requiring a person:
(a) who is a candidate or the nominator of a candidate; and
(b) whose address is not shown on the Roll because of section 104;
to set out his or her address on a nomination paper.
(7) A candidate who does not set out his or her address on a nomination form must provide the Divisional Returning Officer or Australian Electoral Officer, as the case may be, with an address for correspondence.
167 To whom nominations made
(1) Nominations of candidates for election to the Senate must be made to the Australian Electoral Officer.
(2) Subject to subsection (3), nominations of candidates for election to the House of Representatives must be made to the DRO.
(3) A nomination of all of the candidates endorsed by a registered political party for election to the House of Representatives in respect of the Divisions situated in a particular State or Territory may be made by the registered officer of the party to the Australian Electoral Officer for that State or Territory.
(4) If a nomination for a House of Representatives election is made to the Australian Electoral Officer, the Australian Electoral Officer:
(a) must deliver to the DRO for each Division for which a candidate has been so nominated, as soon as practicable before the hour of nomination, a facsimile of the nomination paper; and
(b) must advise the DRO for each Division for which a candidate has been so nominated, forthwith after a sum is deposited with the Australian Electoral Officer under section 170, being a sum that is, or includes an amount, in respect of that candidate, that it was so deposited.
168 Grouping of candidates
(1) Two or more candidates for election to the Senate may make a joint request:
(a) that their names be grouped in the ballot papers; or
(b) that their names be grouped in the ballot papers in a specified order.
(2) A request under subsection (1) shall be in writing, signed by the candidates, and shall be given to the Australian Electoral Officer with the nomination or nominations of the candidates.
(3) A candidate’s name may not be included in more than one group.
169 Notification of party endorsement
(1) The registered officer of a registered political party may request that the name, or the registered abbreviation of the name, of that party be printed on the ballot papers for an election adjacent to the name of a candidate who has been endorsed by that party.
(3) A request under subsection (1) shall be in writing, signed by the person making the request, and shall:
(a) in the case of a Senate election, be given to the Australian Electoral Officer before the close of nominations; and
(b) in the case of an election for a Member of the House of Representatives for a Division, be given to the Divisional Returning Officer with the nomination of the candidate or to the Australian Electoral Officer for the State or Territory in which the Division is situated before the close of nominations.
(4) Where:
(a) a request has been made under subsection (1) in respect of candidates in a Senate election; and
(b) the candidates propose to have a group voting ticket registered for the purposes of that election;
the request may include a further request that the name of the registered political party that endorsed the candidates, or a composite name formed from the registered names of the registered political parties that endorsed the candidates, be printed on the ballot papers adjacent to the square printed in relation to the group in accordance with subsection 211(5).
(5) In this section, registered abbreviation, in relation to the name of a registered political party, has the same meaning as in section 210A.
169A Notification of independent candidacy
(1) A candidate in an election may request that the word “Independent” be printed adjacent to the candidate’s name on the ballot papers for use in that election.
(2) A request under subsection (1) shall be in writing, signed by the candidate, and shall be given to the Australian Electoral Officer or the Divisional Returning Officer, as the case requires, with the nomination of the candidate.
(3) A candidate may not make requests under both this section and section 168.
169B Verification of party endorsement
(1) For the purposes of this Act, subject to subsection (2), a person shall be taken to have been endorsed as a candidate in an election by a registered political party if:
(a) the candidate is nominated by the registered officer of the party;
(b) the name of the candidate is included in a statement, signed by the registered officer of the party, setting out the names of the candidates endorsed by the party in the election and lodged:
(i) in the case of a Senate election, with the Australian Electoral Officer; and
(ii) in the case of an election of a member of the House of Representatives for a Division, with the Australian Electoral Officer for the State or Territory in which that Division is situated;
before the close of nominations for the election; or
(c) the Electoral Commission is satisfied, after making such inquiries as it thinks appropriate of the registered officer of the party or otherwise, that the candidate is so endorsed.
(2) For the purposes of section 214, if a person would, apart from this subsection, be taken to have been endorsed as a candidate in an election by more than one registered political party, the person is taken to have been endorsed:
(a) if the person is nominated by the registered officer of one, and only one, of the parties—by that party; or
(b) if paragraph (a) does not apply and a request is made under section 169 by the registered officer of one, and only one, of the parties—by that party; or
(c) if neither paragraph (a) nor (b) applies and the person specifies one, and only one, of the parties, in a written notice given to the Australian Electoral Officer or Divisional Returning Officer, as the case requires—by that party; or
(d) if none of paragraph (a), (b) or (c) applies—by the party that the Electoral Commission decides, after making such enquiries as it thinks appropriate of the registered officers of the parties or otherwise, is the appropriate party.
169C Combination of requests and nominations
A request required by a provision of this Part or Part XVI to be given to the Australian Electoral Officer or a Divisional Returning Officer may:
(a) be written on the same paper as the nomination of the candidate to whom the request relates; and
(b) if 2 or more such requests are to be made by the same person, may be combined with the other requests.
170 Requisites for nomination
(1) A nomination is not valid unless, in the nomination paper, the person nominated:
(a) consents to act if elected; and
(b) declares that:
(i) the person is qualified under the Constitution and the laws of the Commonwealth to be elected as a Senator or a member of the House of Representatives, as the case may be; and
(ii) the person is not, and does not intend to be, a candidate in any other election to be held on the same day as the election to which the nomination relates; and
(c) states whether the person is an Australian citizen by reason of birth in Australia or other means and provides:
(i) in the case of citizenship by birth in Australia—the date and place of birth; or
(iii) in the case of citizenship by any other means—particulars of those means.
(2) A nomination is not valid unless:
(a) the nomination paper or a facsimile of it:
(i) if it is a nomination for a Senate election—is received by the Australian Electoral Officer after the issue of the writ and before the hour of nomination; or
(ii) if it is a nomination for a House of Representatives election made to the Australian Electoral Officer—is received by the Australian Electoral Officer after the issue of the writ and not less than 48 hours before the hour of nomination; or
(iii) if it is a nomination for a House of Representatives election made to the DRO—is received by the DRO after the issue of the writ and before the hour of nomination; and
(b) if, for the purpose of the nomination, a nomination paper is delivered to the Australian Electoral Officer or the DRO—the person nominated, or some person on his or her behalf, deposits with that officer, at the time of delivery of the nomination paper, a sum determined under subsection (3); and
(c) if, for the purpose of the nomination, a facsimile of a nomination paper is received by the Australian Electoral Officer or the DRO—the person nominated, or some person on his or her behalf deposits with that officer, before the latest time at which such a facsimile could have been received so that the nomination is valid, a sum determined under subsection (3).
(3) For the purposes of paragraphs (2)(b) and (c), the sum to be deposited by or on behalf of a person nominated is:
(a) if a person is nominated as a Senator—$2,000; or
(b) if a person is nominated as a member of the House of Representatives—$1,000;
in legal tender or in a cheque drawn by a bank or other financial institution on itself.
171 Form of consent to act
The consent of the person nominated to act if elected and the declaration referred to in paragraph 170(1)(b) shall be sufficient if the person signs the form of consent and declaration at the foot of the nomination paper, but the Australian Electoral Officer or Divisional Returning Officer receiving the nomination may accept any other form of consent and declaration whether accompanying the nomination paper or not that the officer deems satisfactory, and such acceptance shall be final.
172 Rejection of nominations and requests
(1) Subject to subsections (1A) and (2), a nomination shall be rejected by the officer to whom it is made if, and only if, the provisions of section 166, 167, 170 or 171 have not been complied with in relation to the nomination.
(1A) If:
(a) contrary to subsection 166(1AA), the registered officer of a party signs nominations for 2 or more candidates (the same Division candidates) for a single Division; and
(b) the same Division candidates are nominated by the registered officer under subsection 167(3) together with a number of other candidates for other Divisions;
then:
(c) the nomination of the same Division candidates must be rejected; but
(d) the nomination of the other candidates must not be rejected merely because subsection 166(1AA) was not complied with in relation to the same Division candidates.
(2) No nomination shall be rejected by reason of any formal defect or error in the nomination if the officer to whom the nomination is made is satisfied that the provisions of sections 166, 167, 170 and 171 have been substantially complied with.
(3) A request under this Part is not ineffective because of any formal defect or error in the request if the requirements of this Act have been substantially complied with.
173 Deposit to be forfeited in certain cases
(1) The deposit made by or on behalf of a candidate at a Senate election or at a House of Representatives election shall be retained pending the election, and after the election shall be returned in accordance with subsection (2), if the candidate is elected, or:
(a) in the case of a Senate election:
(i) if the total number of votes polled in the candidate’s favour as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences; or
(ii) in a case where the name of the candidate is included, in ballot papers used in the election, in a group in pursuance of section 168—if the sum of the votes polled in favour of each of the candidates included in the group as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences; or
(b) in the case of a House of Representatives election, if the total number of votes polled in the candidate’s favour as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences;
otherwise it shall be forfeited to the Commonwealth.
(2) The deposit must be returned to the person who paid it, or to a person authorised in writing by the person who paid it.
174 Place of nomination
(1) In an election of Senators for a State or Territory the office of the Australian Electoral Officer for that State or Territory shall be the place of nomination for the election.
(2) In elections for the House of Representatives the office of the Divisional Returning Officer for the Division shall be the place of nomination.
175 Hour of nomination
(1) The hour of nomination shall be 12 o’clock noon on the day of nomination.
(2) The declaration time for an election is 12 noon on the day after the day on which nominations for the election close.
176 Declaration of nominations
(1) Subject to subsection (3), in the case of a Senate election, the Australian Electoral Officer must, at the declaration time, attend at the place of nomination, or at the declaration place for the relevant State or Territory, publicly produce all nomination papers received by him or her, and, in respect of each candidate, declare:
(a) the name of the candidate; and
(b) either:
(i) if an address has been specified by the candidate under subsection 166(1A)—that address; or
(ii) in any other case—the place of residence of the candidate.
(2) Subject to subsection (3), in the case of a House of Representatives election, the DRO must, at the declaration time, attend at the place of nomination for the Division, or at the declaration place for the Division, publicly produce all nomination papers received by him or her, and, in respect of each candidate, declare:
(a) the name of the candidate; and
(b) either:
(i) if an address has been specified by the candidate under subsection 166(1B)—that address; or
(ii) in any other case—the place of residence of the candidate.
(3) The Australian Electoral Officer or the DRO, as the case requires, must not declare:
(a) the address specified by a candidate under subsection 166(1A) or (1B); or
(b) the place of residence of a candidate;
if the candidate’s address has been excluded from the Roll under section 104.
(4) In this section:
declaration place means:
(a) for a Senate election for a State or Territory—a place determined in relation to that State or Territory by the Australian Electoral Officer for that State or Territory; and
(b) for a House of Representatives election for a Division—a place determined in relation to that Division by the Australian Electoral Officer for the relevant State or Territory.
177 Withdrawal of consent to a nomination
Withdrawal by candidate in Senate election
(1) A candidate for a Senate election for a State or Territory may withdraw his or her consent to a nomination by lodging a notice of withdrawal with the Australian Electoral Officer for the State or Territory. The withdrawal must be made before the hour of nomination.
Withdrawal by candidate in House of Representatives election (general rule)
(2) Subject to subsection (3), a candidate for a House of Representatives election for a Division may withdraw his or her consent to a nomination by lodging a notice of withdrawal with the Divisional Returning Officer for the Division. The withdrawal must be made before the hour of nomination.
Withdrawal by candidate in House of Representatives election (bulk nomination)
(3) If a candidate for a House of Representatives election for a Division is nominated by the registered officer of a party under subsection 167(3) together with a number of other candidates (the other bulk nomination candidates), the candidate may withdraw his or her consent to a nomination by lodging a notice of withdrawal with the Australian Electoral Officer for the State or Territory in which the Division is located. The withdrawal must be made before the hour of nomination.
(4) If a candidate withdraws his or her consent to a nomination under subsection (3):
(a) the Australian Electoral Officer must deliver a fax of the withdrawal notice to the Divisional Returning Officer for the Division for which a candidate has been nominated, as soon as practicable before the hour of nomination; and
(b) the withdrawal does not affect the nomination of the other bulk nomination candidates; and
(c) the registered officer may amend the nomination, at any time before the hour of nomination, to substitute another candidate for that Division.
(5) An amendment under paragraph (4)(c) must:
(a) be made by notice in writing to the Australian Electoral Officer; and
(b) be in the approved form and signed by the registered officer.
Return of deposit
(6) If a candidate withdraws his or her consent to a nomination under subsection (1), (2) or (3), the deposit lodged in relation to the nomination must be returned to:
(a) the person who paid it; or
(b) a person authorised in writing by the person who paid it.
Effect of withdrawal of consent on nomination
(7) If a candidate withdraws his or her consent to a nomination under this section, the nomination ceases to have effect.
178 Return of deposit in case of candidate’s death
(1) In the case of the death of any candidate before the date of election the deposit lodged by the candidate shall be returned in accordance with subsection (2) or (3).
(2) If the deposit was paid by a person other than the candidate, the deposit must be returned to the person who paid it, or to a person authorised in writing by the person who paid it.
(3) In all other cases, the deposit must be returned to the personal representative of the candidate.
179 Proceedings on nomination day
(1) In the case of a Senate election, if the number of candidates nominated is not greater than the number of candidates required to be elected, the Australian Electoral Officer shall declare the candidate or candidates nominated duly elected.
(2) In the case of a House of Representatives election, if one candidate only is nominated, the Divisional Returning Officer shall declare that candidate duly elected.
(3) If in any election the number of candidates nominated is greater than the number required to be elected, the proceedings shall, subject to the provisions of this Act, and the regulations relating to voting before polling day, stand adjourned to polling day.
180 Death of candidate after nomination
(1) If after the nominations for an election for the Senate have been declared and before polling day any candidate dies and the candidates remaining are not greater in number than the candidates required to be elected, they shall forthwith be declared to be elected and the writ returned.
(2) If after the nominations for an election for the House of Representatives have been declared, and before polling day, any candidate dies, the election shall be deemed to have wholly failed.
(3) If a candidate dies before the hour of nomination and the candidate was one of a number of candidates nominated by the registered officer of a registered political party under subsection 167(3):
(a) the death does not affect the nomination of those other candidates; and
(b) the registered officer may amend the nomination, at any time before the hour of nomination (as affected by subsection 156(2)), to substitute another candidate.
An amendment must be in the approved form and signed by the registered officer.
181 Failure of election
(1) Whenever an election wholly or partially fails a new writ shall forthwith be issued for a supplementary election:
Provided that where the election has failed in consequence of the death of a candidate after the declaration of the nominations and before polling day, the supplementary election shall be held upon the roll which was prepared for the purpose of the election which failed.
(2) An election shall be deemed to have wholly failed if no candidate is nominated or returned as elected.
(3) An election shall be deemed to have partially failed whenever one or more candidates is returned as elected, but not the full number required to be elected.
Part XV—Postal voting
182 Interpretation
(1) In this Part:
Register, in relation to a Division, means the Register of General Postal Voters for the Division.
(2) In this Part (other than in sections 184A to 186) and in Schedule 2, a reference to the Division for which a person is enrolled includes:
(a) in the case of a person who is provisionally enrolled—a reference to the Division for which the person is provisionally enrolled; and
(b) in the case of a person who is not enrolled—a reference to the Division for which the person would be enrolled if the person were an elector.
183 Grounds of application for postal vote
A person may apply for a postal vote on any of the grounds set out in Schedule 2.
184 Application for postal vote
(1) An application must be in writing in the approved form and must contain a declaration by the applicant that he or she is entitled to apply for a postal vote.
(2) An application made in Australia shall be made to the Electoral Commissioner.
(3) An application made outside Australia shall be made to an Assistant Returning Officer or the Electoral Commissioner.
(4) An application for a postal vote may not be made until after the issue of the writ for the election in relation to which a postal vote is sought or the public announcement of the proposed date for the polling, whichever is the earlier.
(5) An application for a postal vote fails to meet the deadline if it is not received by the Electoral Commissioner or the Assistant Returning Officer until after 6 pm on the Wednesday that is 3 days before polling day in the election.
(6) If an application for a postal vote fails to meet the deadline, the Electoral Commissioner or the Assistant Returning Officer must make, or arrange for the making of, reasonable efforts to advise the applicant that his or her application for a postal vote failed to meet the deadline, and that the applicant will have to vote by other means.
(7) The Electoral Commissioner must cause a number to be allocated to each application for a postal vote.
184A Application for registration as general postal voter
(1) An elector may apply to the Electoral Commissioner for registration as a general postal voter for a Division.
(2) An application shall be made on one of the following grounds:
(a) the applicant’s real place of living is not within 20 kilometres, by the shortest practicable route, of any polling place;
(b) the applicant:
(i) is a patient at a hospital (other than a hospital that is a polling place); and
(ii) because of serious illness or infirmity, is unable to travel from the hospital to a polling place;
(c) because of serious illness or infirmity, the applicant is unable to travel from the place where he or she lives to a polling place;
(ca) because the applicant will be at a place (other than a hospital) caring for a person who is seriously ill or infirm, the applicant is unable to travel from that place to a polling place;
(d) the applicant is detained in custody;
(e) the enrolment of the applicant was obtained by means of a claim signed under subsection 98(3);
(f) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated as to be incapable of signing his or her name;
(g) the applicant’s address has been excluded from the Roll under section 104;
(h) because of the applicant’s religious beliefs or membership of a religious order, the applicant:
(i) is precluded from attending a polling booth; or
(ii) for the greater part of the hours of polling on polling day, is precluded from attending a polling booth;
(i) the applicant is a defence member, or defence civilian, who is serving outside Australia;
(j) the applicant is an AFP officer or staff member who is serving outside Australia;
(k) the applicant is an eligible overseas elector.
(3) An application in respect of an elector to whom paragraph (2)(e) or (f) applies may be made by another person on behalf of the elector.
(4) The certificate referred to in paragraph (2)(f) shall be lodged with an application made on the ground set out in that paragraph.
(5) An elector may apply on the ground referred to in paragraph (2)(i) or (j) before he or she has left Australia.
(6) The regulations may specify whether a particular situation does, or does not, constitute serving outside Australia for the purposes of paragraph (2)(i) or (j). The regulations have effect accordingly.
184AA Application forms for postal votes
(1) An application form for a postal vote may be physically attached to, or form part of, other written material issued by any person or organisation.
(2) For the purposes of the Copyright Act 1968, if a person other than the owner of the copyright in the application form for a postal vote reproduces the application form, the person is not taken to have infringed the copyright in the application form.
184B Register of General Postal Voters
(1) The Electoral Commissioner must, for each Division, keep a Register of General Postal Voters for the Division.
(2) The Register for a Division must be available for inspection, without fee, by members of the public at the office of the DRO for the Division during ordinary office hours.
185 Registration as general postal voter
(1) Subject to subsection (1A), if the Electoral Commissioner is satisfied that an application has been made in accordance with section 184A, the Electoral Commissioner must register the applicant as a general postal voter for the Division to which the application relates.
(1A) If, as permitted by subsection 184A(5), an elector applies to be registered as a general postal voter on the ground referred to in paragraph 184A(2)(i) or (j) before he or she has left Australia, the Electoral Commissioner must not register the applicant as a general postal voter until the Electoral Commissioner believes, on reasonable grounds, that the elector has left Australia.
(1B) For the purposes of subsection (1A), in considering whether he or she believes, on reasonable grounds, that an elector has left Australia, the Electoral Commissioner:
(a) may have regard to information included in the elector’s application relating to his or her likely date of departure; and
(b) is not required to obtain, or have regard to, other information, but may obtain, and have regard to, other information if the Electoral Commissioner considers it appropriate to do so.
(2) If:
(a) a claim for enrolment or transfer of enrolment is made to the Electoral Commissioner; and
(b) the claim is signed under subsection 98(3); and
(c) the claim indicates that the claimant wishes to be registered as a general postal voter for a Division;
the Electoral Commissioner must register the claimant as a general postal voter for the Division.
(3) If an elector who is registered as a general postal voter for a Division (in this subsection called the original Division) makes a claim for transfer of enrolment to another Division (the new Division), the Electoral Commissioner must:
(a) cancel the registration of the elector as a general postal voter for the original Division; and
(b) register the elector as a general postal voter for the new Division, unless the Electoral Commissioner is satisfied that the elector would not be entitled to registration on application under subsection 184A(1).
(4) Registration of an elector as a general postal voter for a Division is effected by entering in the Register for the Division the following particulars of the elector:
(a) full name;
(b) except in the case of an elector whose address has been excluded from the Roll under section 104, the address shown in the Roll as the real place of living of the elector;
(c) such other particulars (if any) as the Electoral Commission determines.
(4A) Nothing in paragraphs (4)(b) and (c) allows or requires the Electoral Commissioner to include in the Register for a Division information that the Electoral Commissioner is aware would or might enable any of the following to be ascertained:
(a) the fact that a particular person has been, is or will be serving outside Australia as:
(i) a defence member or a defence civilian; or
(ii) an AFP officer or staff member;
(b) the place where a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(c) the period of time when a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(d) without limiting any of the preceding paragraphs—the postal address of a person who is serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(e) any other information of a kind specified in the regulations, being information that relates to persons who have been, are or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii).
(5) If the Electoral Commissioner registers an elector as a general postal voter for a Division, the Electoral Commissioner must notify the elector, in writing, of the registration.
(6) If the Electoral Commissioner decides not to register an elector as a general postal voter for a Division, the Electoral Commissioner must notify the elector, in writing, of the decision and of the reasons for it.
185B Review of Registers
The Electoral Commissioner may review the Register for a Division and make such alterations as are necessary to ensure that:
(a) only electors entitled to be registered as general postal voters for the Division are so registered; and
(b) the particulars entered in the Register are accurate.
185C Cancellation of registration
(1) The Electoral Commissioner may cancel the registration of an elector as a general postal voter for a Division if the Electoral Commissioner is satisfied that the ground on which the elector applied for registration no longer exists.
(2) The Electoral Commissioner must give the elector written notice of the cancellation and of the elector’s right to apply for review under Part X.
186 Dispatch of postal voting papers to registered general postal voters
(1) As soon as ballot papers for an election for a Division are available, the Electoral Commissioner must send or arrange for the delivery of postal voting papers to each registered general postal voter for the Division.
(2) In this section:
postal voting papers means:
(a) a postal vote certificate printed on an envelope; and
(b) one postal ballot paper for a Senate election or one postal ballot paper for a House of Representatives election, or both, as the case requires; and
(c) if the envelope on which the postal vote certificate is printed is not itself addressed to the DRO for the Division for which the general postal voter is registered—an envelope addressed to that DRO.
188 Issue of certificate and ballot papers
Material to be sent to postal vote applicant
(1) If the Electoral Commissioner or an Assistant Returning Officer receives an application for a postal vote that is in accordance with subsection 184(1), he or she must (unless the application fails to meet the deadline as mentioned in subsection 184(5)) send, or arrange for the sending, to the applicant in accordance with whichever of subsections (2), (3) and (4) of this section applies:
(a) a postal vote certificate printed on an envelope; and
(b) one postal ballot paper for a Senate election or one postal ballot paper for a House of Representatives election, or both, as the case requires; and
(c) if the envelope on which the postal vote certificate is printed is not itself addressed to:
(i) if the application is provided to an Assistant Returning Officer outside Australia—the Assistant Returning Officer or to the DRO for the Division for which the applicant is enrolled; or
(ii) otherwise—the DRO for the Division for which the applicant is enrolled;
an envelope addressed to that Assistant Returning officer or DRO.
Dealing with certificates and ballot papers before sending
(1A) Before a postal vote certificate and postal ballot paper are sent to an applicant under subsection (1):
(a) the date of issue of the certificate and ballot paper must be recorded; and
(b) the certificate must be numbered with the same number allocated to the application under subsection 184(7); and
(c) the top of the front of the ballot paper must be marked with the initials of the officer who issued the ballot paper, or caused it to be issued.
How material is to be sent
(2) Subject to subsection (3), if the Electoral Commissioner or Assistant Returning Officer receives the application for a postal vote at or before 6 pm on the Friday that is 8 days before polling day in the election, the material required by subsection (1) must be sent to the applicant by post or by another means (not being an electronic means, such as fax or email).
(3) If:
(a) the Electoral Commissioner or Assistant Returning Officer receives the application for a postal vote at or before 6 pm on the Friday that is 8 days before polling day in the election; and
(b) in accordance with the approved form referred to in subsection 184(1), the applicant has requested a particular means of delivery (not being an electronic means such as fax or email); and
(c) the Electoral Commissioner or Assistant Returning Officer considers that that means is reasonable and practicable in the circumstances;
the material required by subsection (1) must be sent to the applicant by that means.
(4) If the Electoral Commissioner or Assistant Returning Officer receives the application for a postal vote after 6 pm on the Friday that is 8 days before polling day in the election and at or before 6 pm on the Wednesday that is 3 days before polling day in the election, the material required by subsection (1) must be sent to the applicant by the means (not being an electronic means such as fax or email) that the Electoral Commissioner or Assistant Returning Officer considers is the most reasonable and practicable in the circumstances.
Note: If the application is received after 6 pm on the Wednesday that is 3 days before polling day in the election, it fails to meet the deadline (see subsection 184(5)), and therefore no material is required by subsection (1) to be sent to the applicant.
188A Dealing with application after issue of certificate and ballot paper
(1) This section applies if a postal vote certificate and postal ballot paper are sent to an applicant for a postal vote under subsection 188(1).
(2) If the application for the postal vote is made to the Electoral Commissioner, the Electoral Commissioner must send, or arrange for the sending of, the application to the DRO for the Division for which the applicant is enrolled.
(3) If the application for the postal vote is made to an Assistant Returning Officer, the application must be dealt with in accordance with subsection 228(8).
189 Inspection of applications
(1) A list of applications for postal votes for a Division must be available for public inspection at the office of the DRO for the Division.
(2) The list must:
(a) be available during ordinary office hours from and including the third day after polling day until the election can no longer be questioned; and
(b) set out, for each applicant:
(i) the applicant’s full name; and
(ii) except in the case of an applicant whose address has been excluded from the Roll under section 104—the address of the applicant; and
(iii) such other particulars (if any) as the Electoral Commissioner determines.
(3) The list may be kept in electronic or other form.
(4) A right of inspection under this section does not include the right to copy or record by electronic means the list of applications (in whole or in part).
(5) If the Electoral Commissioner determines particulars under subparagraph (2)(b)(iii) in writing, the instrument is not a legislative instrument.
189A Access to electronic list of postal vote applicants
(1) A request for a list, in electronic form, of the postal vote applicants may be made to the Electoral Commissioner by:
(a) a candidate in a Senate election if the postal vote applications are in respect of any Division in the State or Territory for which the candidate stood for election; or
(b) a candidate in a House of Representatives election if the postal vote applications are in respect of the Division for which the candidate stood for election; or
(c) a registered political party if the postal vote applications are in respect of a Division in a State or Territory on the basis of which a branch or division of the party is organised.
The request may be made on or after the third day after polling day and before the election can no longer be questioned.
(2) The Electoral Commissioner must, as soon as practicable, comply with such a request.
(3) The list may include the name, date of birth and address of a postal vote applicant.
(4) However, before providing the list to a person or party, the Electoral Commissioner must remove from it all information concerning a person whose address has been excluded from the Roll under section 104, other than the person’s name.
189B Restriction on use or disclosure of information
Use of information
(1) A person is guilty of an offence if the person:
(a) uses information obtained from an electronic list of postal vote applicants provided by the Electoral Commissioner under section 189A; and
(b) the use of the information is not for a permitted purpose (see subsections (4) and (5)).
Maximum penalty: 100 penalty units.
Disclosure of information
(2) A person is guilty of an offence if:
(a) the person discloses information; and
(b) the person knows that, or is reckless as to whether, the information has been obtained from an electronic list of postal vote applicants provided by the Electoral Commissioner under section 189A; and
(c) the disclosure would not be a use of the information for a permitted purpose (see subsections (4) and (5)).
Maximum penalty: 1,000 penalty units.
Use of information for a commercial purpose
(3) A person is guilty of an offence if:
(a) the person uses information for a commercial purpose; and
(b) the person knows that, or is reckless as to whether, the information has been obtained from an electronic list of postal vote applicants provided by the Electoral Commissioner under section 189A.
Maximum penalty: 1,000 penalty units.
Permitted purposes
(4) If the list was provided by the Electoral Commissioner to a candidate in a Senate or House of Representatives election, the permitted purposes are:
(a) any purpose connected with an election or referendum; and
(b) research about electoral matters; and
(c) the monitoring of the accuracy of information contained in a Roll; and
(d) the performance by the candidate of his or her functions if elected as a Senator or member in relation to a person included in the list.
(5) If the list was provided by the Electoral Commissioner to a registered political party, the permitted purposes are:
(a) any purpose connected with an election or referendum; and
(b) research about electoral matters; and
(c) the monitoring of the accuracy of information contained in a Roll; and
(d) the performance by a Senator or member of the House of Representatives, who is a member of the party, of his or her functions as a Senator or member in relation to a person included in the list.
Definitions
(6) In this section:
election means:
(a) a Senate election; or
(b) a House of Representatives election; or
(c) a State or Territory election; or
(d) a local government election.
referendum means a referendum conducted under a law of the Commonwealth or of a State or Territory.
