Commonwealth Electoral Act 1918

In force

Administered by

Department of Finance

Superseded version

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View as made version

C2019C00103 C68

08 March 2019 - 30 November 2020

Table of contents

Part I—Preliminary
- 1 Short title
- 2 Commencement
- 3 Repeal
- 4 Interpretation
- 4AA Meaning of electoral matter
- 4A Extraterritorial operation of Act
- 4B Act to bind Crown
- 4C Registered officer of political party
- 4D Application of the Criminal Code
Part II—Administration
- Division 1—Preliminary
  - 5 Interpretation
  - 5A Application of Part in relation to Northern Territory
- Division 2—The Australian Electoral Commission
- Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States
- Division 4—Staff of the Commission
- Division 5—Miscellaneous
  - 36 Candidates not to be officers
  - 38 Offices of Divisional Returning Officers
Part III—Representation in the Parliament
- Division 1AA—Interpretation
  - 38A Interpretation
- Division 1—Choosing of senators for Queensland
  - 39 Senators to be directly chosen by people of State etc.
- Division 2—Representation of the Territories in the Senate
- Division 3—Representation of the States and Territories in the House of Representatives
Part IV—Electoral Divisions
- 55 Interpretation
- 55A Application to Northern Territory
- 56 States and Australian Capital Territory to be distributed into Electoral Divisions
- 56AA Inclusion of Territories in Australian Capital Territory Divisions
- 56A Inclusion of Territories in Northern Territory Divisions
- 57 One member to be chosen for each Electoral Division
- 58 Monthly ascertainment of enrolment etc.
- 59 Times at which redistributions are to commence
- 60 Redistribution Committee
- 62 Proceedings at meetings of Redistribution Committee etc.
- 63 Sub-committees
- 63A Projection time for equality of enrolments
- 64 Suggestions and comments relating to redistribution
- 65 Quota
- 66 Redistribution Committee to make proposed redistribution
- 67 Reasons for proposed redistribution
- 67A Outline of proposed redistribution
- 68 Notice of proposed redistribution
- 69 Objections against proposed redistribution
- 70 Augmented Electoral Commission
- 71 Proceedings at meetings of augmented Electoral Commission etc.
- 72 Consideration of objections
- 73 Redistribution of State or Australian Capital Territory
- 74 Reasons for determination made by augmented Electoral Commission
- 75 Copies of certain documents to be forwarded to Minister
- 76 Mini-redistribution
- 76A Application of section 76 to Northern Territory
- 77 Decisions under Part final etc.
- 78 Improper influence
Part V—Subdivisions and polling places
- 79 Subdivisions
- 80 Polling places
Part VI—Electoral Rolls
- 81 Electoral Rolls
- 82 Subdivision Rolls, Division Rolls and State and Territory Rolls
- 83 Form of Rolls
- 84 Arrangement with States
- 85 New Rolls to be prepared upon Proclamation
- 86 New Rolls on creation of new Divisions etc.
- 87 Additions etc. to new Rolls
- 88 Objections and notices to have effect in relation to new Rolls
- 90 Commission to determine manner and form of access to Rolls etc.
- 90A Inspection etc. of Rolls
- 90B Information on Rolls and certified lists of voters to be provided to particular people and organisations
- 91A Use of information from Roll and habitation index
- 91B Prohibition of disclosure or commercial use of Roll or habitation index
- 92 Roll reviews
Part VII—Qualifications and disqualifications for enrolment and for voting
- 93 Persons entitled to enrolment and to vote
- 93A Power to refuse to include in the Roll inappropriate names
- 94 Enrolled voters leaving Australia
- 94A Enrolment from outside Australia
- 95 Eligibility of spouse, de facto partner or child of eligible overseas elector
- 96 Itinerant electors
- 96A Enrolment of prisoners
- 97 Application of Part to Australian Capital Territory and Northern Territory
Part VIII—Enrolment
- 98AA Evidence of identity requirements
- 98 Addition of names to Rolls
- 98A Refusal to include in the Roll inappropriate names
- 99 Claims for enrolment or transfer of enrolment
- 99A Provisional claim for enrolment by applicant for citizenship
- 99B Provisional enrolment by applicant for citizenship
- 100 Claims for age 16 enrolment
- 101 Compulsory enrolment and transfer
- 102 Action on receipt of claim
- 103 Penalty on officer neglecting to enrol claimants
- 103A Updating or transferring a person’s enrolment without claim or notice from the person
- 103B Enrolling unenrolled person without claim or notice from the person
- 104 Request for address not to be shown on Roll
- 105 Alteration of Rolls
- 106 Incorrect enrolment
- 107 Alterations to be initialled
- 108 Lists of deaths to be forwarded
- 109 Lists of persons serving, or ceasing to serve, sentences of imprisonment to be forwarded
- 110 Electoral Commissioner to act on receipt of information
- 111 Computer records relating to Roll
- 112 Application of Part to Australian Capital Territory and Northern Territory
Part IX—Objections
- 113 Interpretation
- 114 Objection to enrolment
- 115 Form and manner of objection
- 116 Notice of objection
- 118 Determination of objection
Part X—Review of decisions
- 120 Internal review
- 121 Review by Administrative Appeals Tribunal
- 122 Application of Part to Australian Capital Territory and Northern Territory
Part XI—Registration of political parties
- 123 Interpretation
- 124 Registration of political parties
- 125 Register of Political Parties
- 126 Application for registration
- 127 Party not to be registered during election
- 129 Parties with certain names not to be registered
- 129A Certain party logos not to be entered in the Register
- 130 Different levels of party may be registered
- 131 Variation of application
- 132 Procedure for dealing with application
- 132A Electoral Commission to give reasons for decisions under this Part
- 133 Registration
- 134 Changes to Register
- 134A Objection to continued use of name or logo
- 135 Voluntary deregistration
- 136 Deregistration of party failing to endorse candidates or ceasing to be a Parliamentary party
- 137 Deregistration of political party on other grounds
- 138 Deregistration
- 138A Review of eligibility of parties to remain in the Register
- 139 Inspection of Register
- 140 Service of documents
- 141 Review of certain decisions
Part XIII—Writs for elections
- 151 Issue of writs for election of Senators for Territories
- 152 Forms of writs
- 153 Writs for election of Senators
- 154 Writs for election of members of House of Representatives
- 155 Date for close of Rolls
- 156 Date of nomination
- 157 Date of polling
- 158 Polling to be on a Saturday
- 159 Date of return of writ
- 160 General election to be held on same day
- 161 Application of Part
Part XIV—The nominations
- 162 Candidates must be nominated
- 163 Qualifications for nomination
- 164 State and Territory members not entitled to be nominated
- 165 Multiple nominations prohibited
- 166 Mode of nomination
- 167 Nominations
- 168 Grouping of candidates
- 169 Notification of party endorsement
- 169A Notification of independent candidacy
- 169B Verification of party endorsement
- 169C Combination of requests and nominations
- 170 Requisites for nomination
- 170A Objects and effect of qualification checklist
- 170B Providing additional documents with nomination
- 171 Form of consent to act
- 172 Rejection of nominations and requests
- 173 Deposit to be forfeited in certain cases
- 174 Place of nomination
- 175 Hour of nomination
- 176 Declaration of nominations
- 177 Withdrawal of consent to a nomination
- 178 Return of deposit in case of candidate’s death
- 179 Proceedings on nomination day
- 180 Death of candidate after nomination
- 181 Failure of election
- 181A Publication of qualification checklist etc. on website
- 181B Delivery of qualification checklist etc. to the Parliament
- 181C Certain laws do not apply
Part XV—Postal voting
- 182 Interpretation
- 183 Grounds of application for postal vote
- 184 Application for postal vote
- 184A Application for registration as general postal voter
- 184AA Application forms for postal votes
- 184B Register of General Postal Voters
- 185 Registration as general postal voter
- 185B Review of Registers
- 185C Cancellation of registration
- 186 Dispatch of postal voting papers to registered general postal voters
- 188 Issue of certificate and ballot papers
- 188A Dealing with application after issue of certificate and ballot paper
- 189 Inspection of applications
- 189A Access to electronic list of postal vote applicants
- 189B Restriction on use or disclosure of information
- 192 Form of postal vote certificate
- 193 Authorised witnesses
- 194 Postal voting
- 195 Duty of authorised witnesses etc.
- 195A Procedure for dealing with postal vote certificates etc.
- 196 Opening of postal ballot paper
- 197 Failure to post or deliver postal vote application etc.
- 198 Inducing person to hand over marked ballot paper
- 199 Correction of formal errors
- 200 Mistakes
Part XVA—Pre-poll voting
- Division 1—Introduction
  - 200AA Guide to this Part
- Division 2—General matters
- Division 3—Voting by pre-poll ordinary vote
- Division 4—Voting by pre-poll declaration vote
Part XVB—Electronically assisted voting for sight-impaired people
- 202AA Definitions
- 202AB Regulations may provide for voting by an electronically assisted voting method
- 202AC There must be a record of who has voted using the electronically assisted voting method
- 202AD There must be a record of the vote
- 202AE How this Act applies in relation to voting using the electronically assisted voting method
- 202AF Electoral Commissioner may decide that electronically assisted voting method is not to be used
Part XVI—The polling
- 202A Undertaking by officers and scrutineers
- 202B Officers may act as Divisional Returning Officers in relation to declaration votes
- 203 Arrangements for polling
- 204 Substitute
- 205 Use of licensed premises as polling booth
- 206 Separate voting compartments
- 207 Ballot-boxes
- 208 Certified lists of voters
- 208A Approved list of voters
- 209 Ballot papers
- 209A Official mark
- 210 Printing of Senate ballot papers
- 210A Form of party name on ballot papers
- 212 Ballot papers for House of Representatives elections
- 213 Determination of order of names
- 214 Printing of political party names etc. on ballot papers
- 214A Printing of party logos on ballot papers
- 215 Ballot papers to be initialled
- 217 Scrutineers at the polling
- 218 Provisions relating to scrutineers
- 219 Participation by candidates in conduct of election
- 220 The polling
- 221 Elections at which electors entitled to vote
- 222 Where electors may vote
- 223 Interpretation
- 224 Hospitals that are polling places
- 226 Provisions related to section 224
- 227 Mobile booths
- 228 Forwarding of declaration votes
- 229 Questions to be put to voter
- 230 Errors not to forfeit vote
- 231 Right of elector to receive ballot paper
- 232 Voters to be recorded
- 233 Vote to be marked in private
- 234 Assistance to certain voters
- 234A Certain voters may vote outside polling place
- 235 Provisional votes
- 238 Spoilt ballot papers
- 238A Discarded ballot papers
- 238B Ballot-boxes opened before close of poll
- 239 Marking of votes in Senate election
- 240 Marking of votes in House of Representatives election
- 240A Temporary suspension of polling
- 241 Adjournment of polling
- 242 Adjournment in other cases
- 243 Voting at adjourned polling
- 244 Arrangement where elections held in some Divisions only
- 245 Compulsory voting
Part XVII—Special provisions relating to the polling in Antarctica
- 246 Interpretation
- 247 Antarctic Returning Officers and Assistant Antarctic Returning Officers
- 248 Application of Part XVI to polling in Antarctica
- 249 Antarctic electors
- 250 Arrangements for the polling in Antarctica
- 251 Ballot papers to be initialled
- 252 Candidates not to take part in polling
- 253 The polling in Antarctica
- 254 Entitlement of Antarctic electors to vote
- 255 Questions to be put to voter at Antarctic station
- 256 Right of Antarctic elector to receive ballot paper
- 257 List of Antarctic electors to be marked
- 258 Application of sections 233 and 234
- 259 Proceedings by Antarctic Returning Officer on close of poll
- 260 Result of the polling in Antarctica
- 261 Preservation of ballot papers etc.
- 262 Application of Part
Part XVIII—The scrutiny
- 263 Scrutiny
- 264 Scrutineers at scrutiny
- 265 Scrutiny, how conducted
- 266 Preliminary scrutiny of declaration votes
- 267 Action on objections to ballot papers
- 268 Informal ballot papers
- 268A Formal votes below the line
- 269 Formal votes above the line
- 271 Officers not to mark ballot papers so that voter can be identified
- 272 Treatment of Senate ballot papers of voters who have voted above the line
- 273 Scrutiny of votes in Senate elections
- 273A Computerised scrutiny of votes in Senate election
- 273B Combination of manual and computer scrutiny permitted
- 274 Scrutiny of votes in House of Representatives elections
- 275 Scrutiny prior to receipt of declaration ballot papers
- 276 Provisional scrutiny
- 277 Scrutiny for information
- 278 Re-count at Senate elections
- 279 Re-count at House of Representatives elections
- 279A Notice of re-count
- 279B Conduct of re-count
- 280 Powers of officer conducting re-count
- 281 Reservation of disputed ballot papers
- 282 Re-count of Senate votes to determine order of election in other circumstances
Part XIX—The return of the writs
- 283 Return of writ for election of Senators
- 284 Declaration of poll and return of writs for House of Representatives
- 285 Correction of errors
- 286 Extension of time
Part XX—Election funding and financial disclosure
- Division 1—Preliminary
- Division 1A—Registration of political campaigners and associated entities and the Transparency Register
- Division 2—Agents and financial controllers
- Division 3—Election funding
- Division 3A—Requirements relating to donations
- Division 4—Disclosure of donations
- Division 5—Disclosure of electoral expenditure
- Division 5A—Annual returns by registered political parties and other persons
- Division 6—Miscellaneous
Part XXA—Authorisation of electoral matter
- Division 1—Preliminary
  - 321B Definitions
  - 321C Objects of this Part
- Division 2—Authorisation of certain electoral matter
  - 321D Authorisation of certain electoral matter
  - 321E Extended geographical application of section 321D
- Division 3—Information-gathering powers
Part XXI—Electoral offences
- 322 Interpretation
- 323 Officers and scrutineers to observe secrecy
- 324 Officers not to contravene Act etc.
- 325 Officers not to influence vote
- 325A Influencing votes of hospital patients etc.
- 326 Bribery
- 327 Interference with political liberty etc.
- 329 Misleading or deceptive publications etc.
- 330 False statements in relation to Rolls
- 335 Cards in polling booth
- 336 Signature to electoral paper
- 337 Witnessing electoral papers
- 338 Unlawfully marking ballot papers
- 339 Other offences relating to ballot papers etc.
- 339A Officers not to interfere with etc. ballot-boxes or ballot papers
- 340 Prohibition of certain behaviour near polling booths and pre-poll voting places
- 341 Badges or emblems in polling booths
- 342 Duty of witness to claim
- 343 Failure to transmit claim
- 345 Employers to allow employees leave of absence to vote
- 346 Protection of the official mark
- 347 Disorderly behaviour at meeting
- 348 Control of behaviour at polling booths etc.
- 351 Publication of matter regarding candidates
Part XXII—Court of Disputed Returns
- Division 1—Disputed Elections and Returns
- Division 2—Qualifications and vacancies
Part XXIII—Miscellaneous
- 381A Extension of time for acts by officers
- 382 General provisions about enrolment-related claims etc.
- 383 Injunctions
- 384 Prosecution of offences
- 384A Application of Regulatory Powers Act
- 385 Certificate evidence
- 385A Evidence of authorship or authorisation of material
- 386 Disqualification for bribery and undue influence
- 386A Immunity from suit
- 387 Electoral papers to be sent free by post
- 387A Service of process by mail
- 388 Averments deemed to be proved
- 389 Defendant may be called upon to give evidence
- 390 Production of claims for enrolment etc.
- 390A Claims for enrolment etc. not to be subject to warrants
- 391 Record of claims for enrolment etc.
- 392 Forms
- 393A Preservation of documents
- 394 No State or Territory vote to be held on polling day
- 395 Regulations
Schedule 1—Forms
Schedule 2—Grounds of application for postal or pre-poll vote
Schedule 3—Rules for the conduct of a preliminary scrutiny of declaration votes
- Endnotes

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Commonwealth Electoral Act 1918

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Commonwealth Electoral Act 1918

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