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Commonwealth Electoral Act 1918
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Department of Finance
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C2023C00067 (C75)
27 March 2023
-
17 October 2023
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Volume 1
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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
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Part II—Administration
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Division 1—Preliminary
5 Interpretation
5A Application of Part in relation to Northern Territory
Division 2—The Australian Electoral Commission
6 Establishment of Commission
7 Functions and Powers of Commission
7A Supply of goods and services
7B Fees for goods and services
8 Tenure and terms of office
9 Leave of absence
10 Resignation
11 Disclosure of interests
12 Termination of appointment
13 Acting Chairperson
14 Acting non judicial appointee
14A Remuneration
15 Meetings of Commission
16 Delegation by Commission
17 Reports by the Commission
17A Certain particulars not to be included in reports
Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States
18 Electoral Commissioner
19 Deputy Electoral Commissioner
20 Australian Electoral Officers for States
21 Terms and conditions of appointment etc.
22 Remuneration
23 Leave of absence
24 Resignation
25 Termination of appointment
26 Acting Electoral Commissioner
27 Acting Deputy Electoral Commissioner
28 Delegation by Electoral Commissioner
Division 4—Staff of the Commission
29 Staff
30 Australian Electoral Officer for the Australian Capital Territory
31 Assistant Australian Electoral Officers for States
32 Divisional Returning Officers
33 Assistant Returning Officers
34 Assistant Divisional Returning Officers
35 Employment of additional staff, consultants etc.
Division 5—Miscellaneous
36 Candidates not to be officers
37 AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers
38 Offices of Divisional Returning Officers
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Part III—Representation in the Parliament
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Division 1AA—Preliminary
38AA Simplified outline of this Part
38A Interpretation
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Division 1—Choosing of senators for Queensland
39 Senators to be directly chosen by people of State etc.
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Division 2—Representation of the Territories in the Senate
40 Representation of the Territories in the Senate
41 Powers, privileges and immunities of senator for Territory
42 Term of service of senator for Territory
43 Time of elections of senators for Territories
44 Casual vacancies in places of senators for Territories
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Division 3—Representation of the States and Territories in the House of Representatives
45 Interpretation
46 Ascertainment of numbers of people of Commonwealth, States and Territories
47 Supply of statistical information by Australian Statistician
48 Determination of number of members of House of Representatives to be chosen in States and Territories
48A Setting aside 2020 determination in relation to the Northern Territory
49 Notification of determination
50 Number of members of House of Representatives to be chosen in States and Territories
51 Choice of member for Territory
53 Powers, privileges and immunities of member for Territory
54 Time of elections of members for Territories
54A Review of this Division
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Part IV—Electoral Divisions
55 Interpretation
55A Application to Territories with 2 or more members
56 States 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 Redistribution 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
74 Reasons for determination made by augmented Electoral Commission
75 Copies of certain documents to be forwarded to Minister
76 Mini redistribution
77 Decisions under Part final etc.
78 Improper influence
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Part V—Subdivisions and polling places
79 Subdivisions
80 Polling places
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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
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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
96B Entitlement of Antarctic electors to vote
97 Application of Part to Australian Capital Territory and Northern Territory
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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
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Part IX—Objections
113 Interpretation
114 Objection to enrolment
115 Form and manner of objection
116 Notice of objection
118 Determination of objection
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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
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Part XI—Registration of political parties
123 Interpretation
123A Determining whether a non Parliamentary party has at least 1,500 members
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
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
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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
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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
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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
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
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Part XVA—Pre poll voting
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Division 1—Introduction
200AA Guide to this Part
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Division 2—General matters
200A Grounds of application for pre poll vote
200B Pre poll voting officers
200BA Pre poll voting offices
200C Application for pre poll vote
200D Place and time of application
200DA Scrutineers at the pre poll voting office
200DB Provisions relating to scrutineers at pre poll voting office
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Division 3—Voting by pre poll ordinary vote
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Subdivision A—Preliminary
200DC Definitions
200DD Where is pre poll ordinary voting available?
200DE Separate voting compartments
200DF Ballot boxes
Subdivision B—Voting by pre poll ordinary vote
200DG When is a person entitled to vote by pre poll ordinary vote?
200DI Questions to be put to voter
200DJ Right of voter to receive ballot paper
200DK Voter to mark vote on ballot paper
200DL Assistance to certain voters
200DM Voter not entitled to vote again etc.
Subdivision C—Requirements relating to ballot boxes
200DN Subdivision sets out requirements to be complied with
200DO Requirements to be complied with before first use of ballot box
200DP Requirements to be complied with at end of each day of use of ballot box
200DQ Requirements to be complied with before ballot box used again on later day
200DR Forwarding of ballot boxes for purposes of scrutiny
Division 4—Voting by pre poll declaration vote
200DS Persons to whom this Division applies
200E Pre poll declaration voting
200F Form of pre poll vote certificate for declaration voting
200G Record of issue of pre poll voting papers
200J Opening of pre poll voting envelope
200K Obligations of persons present when pre poll vote cast
201 Correction of formal errors
202 Mistakes
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Part XVB—Electronically assisted voting
202AA Definitions
202AB Providing 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 by sight impaired persons
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Part XVC—Designated electors
202AG Simplified outline of this Part
202AH Electoral Commissioner may declare designated electors
202AJ Review by Electoral Commissioner
202AK Review by Administrative Appeals Tribunal
202AL Voting by designated electors at elections
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Part XVI—The polling
202A Undertaking by officers and scrutineers
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
209B Administrative markings
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
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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
273AA Assurance of security of computer systems for scrutiny of votes in Senate election
273AB Assurance of accuracy of counting software for scrutiny of votes in Senate election
273AC Ballot paper sampling assurance throughout 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
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Part XIX—The return of the writs
283 Return of writ for election of Senators
283A Publication of Senate election data
284 Declaration of poll and return of writs for House of Representatives
285 Correction of errors
286 Extension of time
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Volume 2
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Part XX—Election funding and financial disclosure
Division 1—Preliminary
286A Simplified outline of this Part
287 Interpretation
287AA Meaning of foreign donor
287AB Meaning of electoral expenditure
287AC Implied freedom of political communication
287A Campaign committee to be treated as part of State branch of party
287C Entities that are not incorporated
Division 1A—Registration of significant third parties and associated entities and the Transparency Register
Subdivision A—Simplified outline of this Division
287D Simplified outline of this Division
287E Object of this Division
Subdivision B—Requirement to register as a significant third party or associated entity
287F Requirement to register as a significant third party
287H Requirement to register as an associated entity
287J Expenditure incurred by persons and entities that are not registered when required to be so
287K Application for registration
287L Determining an application for registration
287M Applications for deregistration
Subdivision C—Transparency Register
287N Transparency Register
287P Obligation to notify Electoral Commissioner of changes to information on Transparency Register
287Q Transparency Register to be made public etc.
287R Entry in Transparency Register prima facie evidence of information
Subdivision D—Anti avoidance
287S Anti avoidance
Division 2—Agents and financial controllers
Subdivision A—Simplified outline of this Division
287V Simplified outline of this Division
Subdivision B—Appointment of agents
288 Agents of political parties
289 Appointment of agents by candidates and groups
291 Register of Party Agents
292 Effect of registration etc.
292A Evidence of appointment
292B Responsibility for action when agent of party or branch dead or appointment vacant
292C Revocation of appointment of agent of candidate or group
292D Notice of death or resignation of agent of candidate or group
Subdivision C—Nomination of financial controllers
292E Financial controllers of significant third parties and associated entities
Subdivision D—Requirements for appointment or nomination
292F Requirements for appointment or nomination
Division 3—Election funding
Subdivision A—Simplified outline of this Division
292G Simplified outline of this Division
Subdivision B—Election funding
293 Election funding for registered political parties
294 Election funding for unendorsed candidates
295 Election funding for unendorsed groups
Subdivision BA—Automatic payment of election funding of $10,000
296 Automatic payment of election funding of $10,000
Subdivision C—Claims for election funding of more than $10,000
297 Need for a claim for election funding of more than $10,000
298 Electoral expenditure incurred
298A Form of claim
298B Lodging of claim
298BA Varying a claim
298C Determination of claim
298D Payment to be made following acceptance of an interim claim
298E Payment to be made following acceptance of a final claim
298F Refusing a final claim
298G Application for reconsideration of decision to refuse a final claim
298H Reconsideration by Electoral Commission
Subdivision D—Payments of election funding
299 Recovery of amounts that are not payable
299A Method of making payments
Subdivision E—Miscellaneous
300 Death of candidates or group members
301 Varying decisions accepting claims
302 Appropriation
Division 3A—Requirements relating to donations
Subdivision A—Interpretation
302A Simplified outline of this Division
302B Definitions
302C Object of this Division
302CA Gifts made etc. for federal purposes
Subdivision B—Offences and civil penalty provisions relating to donations
302D Donations to members of the House of Representatives, Senators, registered political parties, candidates, Senate groups, significant third parties and associated entities by foreign donors
302E Donations to third parties by foreign donors
302F Gifts provided for the purposes of incurring electoral expenditure etc.
302G False affirmation or information that donor is not a foreign donor
302H Anti avoidance
Subdivision D—Other provisions relating to offences and civil penalty provisions
302P Information relating to foreign donor status
302Q Debts due to the Commonwealth
302R Physical elements of offences
Division 4—Disclosure of donations
302V Simplified outline of this Division
303 Interpretation
304 Disclosure of gifts
305A Gifts to candidates etc.
305B Gifts to political parties and significant third parties
306 Gifts to members of the House of Representatives and Senators
306A Certain loans not to be received
306B Repayment of gifts where corporations wound up etc.
307 Nil returns
Division 5—Disclosure of electoral expenditure
307A Simplified outline of this Division
309 Returns of electoral expenditure
311A Annual returns of income and expenditure of Commonwealth Departments
313 Nil returns
314 Two or more elections on the same day
Division 5A—Annual returns by registered political parties and other persons
314AAA Simplified outline of this Division
314AA Interpretation
314AB Annual returns by registered political parties and significant third parties
314AC Amounts received
314AE Outstanding amounts
314AEA Annual returns by associated entities
314AEB Annual returns by third parties
314AEC Annual returns relating to gifts received by third parties for electoral expenditure
314AED Annual returns relating to gifts received by members of the House of Representatives or Senators
314AF Returns not to include lists of party membership
314AG Regulations
Division 5B—Electoral expenditure by foreign campaigners
314AH Simplified outline of this Division
314AI Objects of this Division
314AJ Prohibition on foreign campaigners incurring electoral expenditure or fundraising for that purpose
314AK Anti avoidance
Division 6—Miscellaneous
314A Simplified outline of this Division
314B Disclosure of amounts given etc. for federal purposes
315 Requirement to refund payments
315A Recovery of payments
316 Investigation etc.
317 Keeping records
318 Inability to complete returns
319 Non compliance with Part does not affect election
319A Amendment of claims and returns
320 Requirement to publish determinations, notices and returns
321 Indexation
321A Indexation of disclosure threshold
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Part XXA—Authorisation of electoral matter
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Division 1—Preliminary
321B Definitions
321C Objects of this Part
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Division 2—Authorisation of certain electoral matter
321D Authorisation of certain electoral matter
321DA Prohibition on foreign campaigners authorising certain electoral matter
321E Extended geographical application of sections 321D and 321DA
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Division 3—Information gathering powers
321F Electoral Commissioner may obtain information and documents from persons
321G Copies of documents
321H Retention of documents
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Part XXI—Electoral offences
322 Interpretation
323 Officers and scrutineers to observe secrecy
323A Officers and scrutineers not to divulge or communicate Senate election results before close of adjourned polling
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
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Part XXII—Court of Disputed Returns
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Division 1—Disputed Elections and Returns
352 Interpretation
353 Method of disputing elections
354 The Court of Disputed Returns
355 Requisites of petition
356 Deposit as security for costs
357 Petition by Electoral Commission
358 No proceedings unless requirements complied with
359 Right of Electoral Commissioner to be represented
360 Powers of Court
361 Inquiries by Court
362 Voiding election for illegal practices etc.
363 Court to report cases of illegal practices
363A Court must make its decision quickly
364 Real justice to be observed
364A Provision for Court to have regard to certain rejected ballot papers
365 Immaterial errors not to vitiate election
365A Election not affected by failure of delivery arrangement
366 Errors relating to printing of party affiliations
367 Evidence that person not permitted to vote
367A Disposal of petition where election cannot be decided
368 Decisions to be final
369 Copies of petition and order of Court to be sent to House affected, Governor General and Speaker
370 Representation of parties before Court
371 Costs
372 Deposit applicable for costs
373 Other costs
374 Effect of decision
375 Power to make Rules of Court
375A Right of Electoral Commission to have access to documents
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Division 2—Qualifications and vacancies
376 Reference of question as to qualification or vacancy
377 President or Speaker to state case
378 Parties to the reference
379 Powers of Court
380 Order to be sent to House affected
381 Application of certain sections
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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
396 Modifications by legislative instrument in the event of an emergency
Schedule 1—Forms
Schedule 2—Grounds of application for postal or pre poll vote
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Schedule 3—Rules for the conduct of a preliminary scrutiny of declaration votes
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Miscellaneous
