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Commonwealth Electoral Act 1918

  • - C2004C02871
  • In force - Superseded Version
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Act No. 27 of 1918 as amended, taking into account amendments up to Act No. 77, 1996
Registered 24 Nov 2009
Start Date 25 May 1997
End Date 28 Jun 1998

 

Commonwealth Electoral Act 1918

Act No. 27 of 1918 as amended

Consolidated as in force 28 April 1998

(includes amendments up to Act No. 77, 1996)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Contents

Part I—Preliminary                                                                                               

1............... Short title [see Note 1]                                                          

2............... Commencement [see Note 1]                                                 

3............... Repeal [see Note 2]                                                                    

4............... Interpretation............................................................................

4A............ Extraterritorial operation of Act                                

4B............ Act to bind Crown                                                                     

4C............ Registered officer of political party                         

Part II—Administration                                                                                    

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............ Commission may provide other services related to its functions            

7B............ Commission may charge fees                                            

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............ Keeping of forms                                                                     

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                             

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      

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                                                        

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     

Part IV—Electoral Divisions                                                                

55............ Interpretation.........................................................................

55A.......... Application to Northern Territory                            

56............ States and Australian Capital Territory to be distributed into Electoral Divisions............................................................................................................

56A.......... Certain Territories to be included in same Division     

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 for State                           

61............ Redistribution Committee for Australian Capital Territory            

62............ Proceedings at meetings of Redistribution Committee etc. 

63............ Sub-committees........................................................................

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 

89............ Printing of Rolls                                                                    

90............ Inspection etc. of Rolls                                                     

91............ Provision of Rolls and habitation indexes to political parties etc.         

91A.......... Use of information from Roll and habitation index       

91B.......... Prohibition of disclosure or commercial use of Roll or habitation index     

91C......... Provision of certified list of voters to candidates    

91D......... Provision of certified list of voters to members of House of Representatives      

91E.......... Provision of certified list of voters to Senators

92............ Roll reviews..............................................................................

Part VII—Qualifications and Disqualifications for Enrolment and for Voting                                                                                                            

93............ Persons entitled to enrolment and to vote [see Note 3]       

94............ Enrolled voters leaving Australia                             

95............ Eligibility of spouse or child of eligible overseas elector [see Note 4]           

95AA........ Norfolk Island electors                                                  

95AB....... Presumption about certain Norfolk Island electors

95AC....... Rolls relating to Norfolk Island electors         

96............ Itinerant electors                                                                

96A.......... Enrolment of prisoners                                                    

97............ Application of Part                                                                

Part VIII—Enrolment                                                                                        

98............ Addition of names to Rolls                                               

99............ Claims for enrolment or transfer of enrolment

99A.......... Provisional claim for enrolment by applicant for citizenship       

100.......... Claims for age 17 enrolment                                           

101.......... Compulsory enrolment and transfer                      

102.......... Action on receipt of claim                                              

103.......... Penalty on officer neglecting to enrol claimants     

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 convictions to be forwarded                    

110.......... Officers to act on receipt of information           

111.......... Computer records relating to Roll                       

111A........ Claims may be sent by fax                                                  

112.......... Application of Part                                                              

Part IX—Objections                                                                                        

113.......... Interpretation.......................................................................

114.......... Objection to enrolment                                                  

115.......... Form and manner of objection                                     

116.......... Notice of objection                                                            

117.......... Answer to objection                                                          

118.......... Determination of objection                                           

Part X—Review of Decisions                                                               

120.......... Review by Australian Electoral Officer                

121.......... Review by Administrative Appeals Tribunal            

122.......... Application of Part                                                              

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

130.......... Different levels of party may be registered     

131.......... Variation of application                                                    

132.......... Procedure for dealing with application              

133.......... Registration............................................................................

134.......... Changes to Register                                                          

135.......... Voluntary de-registration                                            

136.......... Deregistration of party failing to endorse candidates or ceasing to be a Parliamentary party                                                           

137.......... De-registration of political party on other grounds           

138.......... De-registration.....................................................................

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 [see Note 5]                                             

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 [see Note 6]            

164.......... State and Territory members not entitled to be nominated

165.......... Multiple nominations prohibited                                

166.......... Mode of nomination                                                              

167.......... To whom nominations made                                              

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                                              

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 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                                                             

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          

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        

187.......... Duty of witness.....................................................................

188.......... Issue of certificate and ballot-papers                  

189.......... Inspection of applications                                             

190.......... Numbering of applications and certificates       

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 elector to hand over marked ballot-paper 

199.......... Correction of formal errors                                     

200.......... Mistakes......................................................................................

Part XVA—Pre-Poll Voting                                                                    

200A........ Grounds of application for pre-poll vote          

200B....... Pre-poll voting officers                                                 

200C....... Application for pre-poll vote                                      

200D....... Place and time of application                                        

200E....... Pre-poll voting......................................................................

200F........ Form of pre-poll vote certificate                             

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......................................................................................

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                                                 

209.......... Ballot-papers.........................................................................

209A........ Official mark............................................................................

210.......... Printing of Senate ballot-papers                              

210A........ Form of party name on ballot-papers                      

211.......... Group voting tickets                                                         

211A........ Individual voting tickets                                                  

212.......... Ballot-papers for House of Representatives elections      

213.......... Determination of order of names                              

214.......... Printing of political party names etc. on ballot-papers       

215.......... Ballot-papers to be initialled                                      

216.......... Group voting tickets to be displayed                      

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.......... Mobile booths—hospitals that are polling places      

225.......... Mobile booths—other hospitals                                

226.......... Provisions related to sections 224 and 225         

226A........ Mobile booths—prisons                                                   

227.......... Mobile booths—Remote Divisions                                

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                                       

235.......... Provisional votes.................................................................

238.......... Spoilt ballot-papers                                                          

239.......... Marking of votes in Senate election                        

240.......... Marking of votes in House of Representatives election       

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                                                    

269.......... Formal votes according to group voting ticket

270.......... Certain votes with non-consecutive numbers to be formal            

271.......... Officers not to mark ballot-papers so that voter can be identified      

272.......... Senate ballot-papers deemed to be marked according to group voting tickets     

273.......... Scrutiny of votes in Senate elections                   

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                                                                                                    

287.......... Interpretation.......................................................................

287A........ Campaign committee to be treated as part of State branch of party      

Division 2—Agents                                                                                                               

288.......... Agents of political parties                                            

288A........ Principal agents...................................................................

289.......... Appointment of agents by candidates and groups

290.......... Requisites for appointment                                           

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 

Division 3—Election funding                                                                                           

294.......... General entitlement to funds                                     

297.......... Payment not to be made in certain circumstances

299.......... Making of payments                                                              

300.......... Death of candidate                                                              

301.......... Death of member of group                                              

302.......... Appropriation.........................................................................

Division 4—Disclosure of donations                                                                            

303.......... Interpretation.......................................................................

304.......... Disclosure of gifts                                                            

305.......... Expenditure incurred for political purposes 

305A........ Donations to candidates etc.                                       

305B....... Donations to political parties                                     

306.......... Certain gifts not to be received                                

307.......... Nil returns..............................................................................

Division 5—Disclosure of electoral expenditure                                                   

308.......... Interpretation.......................................................................

309.......... Returns of electoral expenditure                         

310.......... Returns by broadcasters                                              

311.......... Returns by publishers                                                     

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 associated entities     

314AA..... Interpretation.......................................................................

314AB..... Annual returns by registered political parties

314AC..... Amounts received.................................................................

314AD..... Amounts paid............................................................................

314AE..... Outstanding amounts                                                        

314AEA... Annual returns by associated entities                  

314AF..... Returns not to include lists of party membership      

314AG..... Regulations.............................................................................

Division 6—Miscellaneous                                                                                               

314A........ Interpretation.......................................................................

315.......... Offences....................................................................................

315A........ Recovery of payments                                                       

316.......... Investigation etc...................................................................

317.......... Records to be kept                                                             

318.......... Inability to complete returns                                      

318A........ Application of subsections 305(1) and 309(4) in certain cases          

319.......... Non-compliance with Part does not affect election  

319A........ Amendment of claims and returns                             

320.......... Inspection and supply of copies of claims and returns        

321.......... Indexation..................................................................................

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.               

328.......... Printing and publication of electoral advertisements, notices etc.     

329.......... Misleading or deceptive publications etc.           

329A........ Encouraging persons to mark ballot papers otherwise than in accordance with Act.........................................................................................................

330.......... False statements in relation to Rolls                    

331.......... Heading to electoral advertisements                    

332.......... Authors of reports etc. to be identified              

334.......... Depiction etc. of certain electoral matter        

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.

340.......... Prohibition of canvassing near polling booths

341.......... Badges or emblems in polling booths                     

342.......... Duty of witness to claim                                                  

343.......... Failure to transmit claim                                                 

344.......... Forging or uttering electoral papers                 

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.    

350.......... Defamation of candidate                                                  

351.......... Publication of matter regarding candidates     

Part XXII—Court of Disputed Returns                                 

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      

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            

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       

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                                  

Part XXIII—Miscellaneous                                                                      

381A........ Extension of time for acts by officers                   

382.......... Institution of proceedings for offences            

383.......... Injunctions..............................................................................

384.......... Prosecution of offences                                               

385.......... Certificate evidence                                                          

385A........ Evidence of authorship or authorisation of material

386.......... Disqualification for bribery and undue influence       

387.......... Electoral matters 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...........................................................................................

393.......... Collection of statistical information                    

393A........ Preservation of documents                                          

394.......... No State referendum or vote to be held on polling day       

395.......... Regulations.............................................................................

Schedule 1Forms                                                                                          

Schedule 2—Grounds of application for postal or pre-poll vote           

Schedule 3—Rules for the conduct of a preliminary scrutiny of declaration votes                                   


An Act to Consolidate and Amend the Law relating to Parliamentary Elections and for other purposes

Do not delete : Chapter placeholder

Part IPreliminary

Do not delete : Division placeholder

1  Short title [see Note 1]

This Act may be cited as the Commonwealth Electoral Act 1918.

2  Commencement [see Note 1]

The several Parts and sections of this Act shall commence on such dates as are respectively fixed by proclamation.

3  Repeal [see Note 2]

            (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, in relation to the name of a political party, includes an alternative name of the party.

Antarctic elector means an elector who is entitled under Part XVII to be treated as an Antarctic elector.

Approved means approved by the Electoral Commission by notice published in the Gazette.

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.

Compartment, in relation to a polling booth, means a compartment constructed in the polling booth in pursuance of section 206.

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 vote;

                     (c)  an absent vote; or

                     (d)  a provisional vote.

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).

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.

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.

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, an electoral visitor, a mobile polling team leader and a mobile polling team member.

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 voting officer means:

                     (a)  an Assistant Divisional Returning Officer; or

                     (b)  an officer appointed under section 200B.

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.

Special hospital means a special hospital within the meaning of section 225.

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.

            (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 17 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.

            (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.

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.

Part IIAdministration

Division 1Preliminary

5  Interpretation

In this Part:

acting Commissioner includes a person acting as the Electoral Commissioner.

appointed Commissioner means the Chairman 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 Chairman.

electoral matters means matters relating to Parliamentary elections, elections and ballots under the Conciliation and Arbitration Act 1904 or the Workplace Relations Act 1996 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 2The 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 referred to in paragraph (a) of the definition of office of Secretary in subsection 7(1) of the Public Service Act 1922; 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 Minister for Foreign Affairs and Trade, 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  Commission may provide other services related to its functions

            (1)  Subject to this section, the Commission may provide goods or services to other organisations or to individuals.

            (2)  The Commission may provide goods and services only to the extent that it can do so by using:

                     (a)  information or materiel in its possession for; or

                     (b)  the expertise that it has acquired in;

the performance of its functions under section 7.

7B  Commission may charge fees

Unless otherwise provided by or under this Act or another Act, the Commission may charge fair and reasonable fees for the goods and services that it provides.

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

            (1)  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;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

            (2)  The Governor-General may at any time terminate an appointment made under subsection (1).

            (3)  Where a person is acting as Chairperson in accordance with paragraph (1)(b) and the office of Chairperson becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

            (4)  The appointment of a person to act as Chairperson ceases to have effect if the person delivers to the Governor-General a signed notice of resignation.

            (5)  A person acting as Chairperson has, and may exercise, all the powers and shall perform all the functions of the Chairperson.

            (6)  The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed.

14  Acting non-judicial appointee

            (1)  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;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

            (2)  The Governor-General may at any time terminate an appointment made under subsection (1).

            (3)  Where a person is acting as the non-judicial appointee in accordance with paragraph (1)(b) and the office of the non-judicial appointee becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

            (4)  The appointment of a person to act as the non-judicial appointee ceases to have effect if the person delivers to the Governor-General a signed notice of resignation.

            (5)  A person acting as the non-judicial appointee has, and may exercise, all the powers and shall perform all the functions of the non-judicial appointee.

            (6)  The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed.

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 this Act, other than its powers under Part IV.

            (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.

            (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 305(1), 305A(1) or 309(4) 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 3Electoral 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.

            (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.

            (5)  A person acting as the Electoral Commissioner has, and may exercise, all the powers and shall perform all the functions of the Electoral Commissioner.

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.

            (3)  A person who has attained the age of 65 years shall not be appointed as an electoral officer and a person shall not be appointed as an electoral officer for a period that extends beyond the day on which the person will attain the age of 65 years.

            (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)  Subject to section 87E of the Public Service Act 1922, 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

            (1)  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;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

            (2)  The Governor-General may:

                     (a)  determine the terms and conditions of appointment, including remuneration and allowances, of a person acting under subsection (1); and

                     (b)  at any time terminate an appointment made under subsection (1).

            (3)  Where a person is acting as the Electoral Commissioner in accordance with paragraph (1)(b) and the office of the Electoral Commissioner becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

            (4)  The appointment of a person to act as the Electoral Commissioner ceases to have effect if the person delivers to the Governor-General a signed notice of resignation.

            (5)  A person acting as the Electoral Commissioner has, and may exercise, all the powers and shall perform all the functions of the Electoral Commissioner.

            (6)  The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed.

27  Acting Deputy Electoral Commissioner

            (1)  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;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

            (2)  The Governor-General may:

                     (a)  determine the terms and conditions of appointment, including remuneration and allowances, of a person acting under subsection (1); and

                     (b)  at any time terminate an appointment made under subsection (1).

            (3)  Where a person is acting as the Deputy Electoral Commissioner in accordance with paragraph (1)(b) and the office of the Deputy Electoral Commissioner becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

            (4)  The appointment of a person to act as the Deputy Electoral Commissioner ceases to have effect if the person delivers to the Governor-General a signed notice of resignation.

            (5)  A person acting as the Deputy Electoral Commissioner has, and may exercise, all the powers and shall perform all the functions of the Deputy Electoral Commissioner.

            (6)  The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed.

28  Delegation by Electoral Commissioner

The Electoral Commissioner may by signed instrument delegate to the Deputy Electoral Commissioner or an Australian Electoral Officer for a State or Territory all or any of the powers of the Electoral Commissioner under this Act, other than the powers conferred by Parts III and IV.

Division 4Staff of the Commission

29  Staff

            (1)  Subject to subsection (2), the staff of the Commission shall consist of:

                     (a)  persons appointed or employed under the Public Service Act 1922 for the purposes of the Commission (including such persons holding offices established by this Division); and

                     (b)  persons employed or engaged by the Commission under this Division.

            (2)  The Electoral Commissioner has all the powers of, or exercisable by, a Secretary under the Public Service Act 1922 so far as those powers relate to the branch of the Australian Public Service comprising the staff referred to in paragraph (1)(a) as if that branch were a separate Department of the Australian Public Service.

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.

            (3)  The appointment of a person to act as Australian Electoral Officer for the Australian Capital Territory ceases to have effect if the person delivers to the Commission a signed notice of resignation.

            (4)  A person acting as Australian Electoral Officer for the Australian Capital Territory has, and may exercise, all the powers and shall perform all the functions of the Australian Electoral Officer for the Territory.

            (5)  The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed.

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.

            (4)  A person acting as Australian Electoral Officer for the Australian Capital Territory has, and may exercise, all the powers and shall perform all the functions of the Australian Electoral Officer for the State.

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 Commission may, for the purposes of a particular election, appoint a person to be an Assistant Returning Officer:

                     (a)  for a portion of a Division; or

                     (b)  at a place outside Australia;

and any such appointment shall terminate upon the completion of the election.

            (2)  A person appointed to be an Assistant Returning Officer for a portion of a Division may, subject to the control of the Divisional Returning Officer, perform the functions and exercise the powers of the Divisional Returning Officer (other than those relating to postal voting) in, or in relation to, that portion of the Division.

            (3)  A person appointed to be an Assistant Returning Officer at a place outside Australia 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.

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 after consultation with the Public Service Board.

            (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.

            (5)  For the purposes of Part IV of the Public Service Act 1922, persons employed under subsection (1) shall be deemed to be employed by the Commission.

Division 5Miscellaneous

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.

37  Keeping of forms

All Divisional Returning Officers and Assistant Divisional Returning Officers shall keep forms of claim for enrolment and transfer and such other forms as are prescribed, and shall without fee supply them to the public and assist the public in their proper use.

38  Offices of Divisional Returning Officers

The office of a Divisional Returning Officer shall, unless the Commission otherwise directs, be located within the Division.

Part IIIRepresentation in the Parliament

Division 1AAInterpretation

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 1Choosing 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 2Representation 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 3Representation 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)  Where a House of Representatives has continued for a period of 9 months after the day of the first meeting of that House, the Electoral Commissioner shall, within one month after the expiration of the period of 9 months, if that House is still continuing, ascertain the numbers of the people of the Commonwealth and of the several States and Territories in accordance with the latest statistics of the Commonwealth.

            (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

The Australian Statistician shall, on request by the Electoral Commissioner, supply the Electoral Commissioner with all such statistical information as he or she requires for the purposes of this Division.

48  Determination of number of members of House of Representatives to be chosen in States and Territories

            (1)  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) and (2B), 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 subsection (2B), 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)  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)  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.

            (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.

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 numbers of the people of the Commonwealth and of the several States and Territories ascertained by him or her in accordance with section 46; and

                            (ii)  the number of members of the House of Representatives so determined by him or her; and

                     (b)  cause a copy of the certificate to be published forthwith in the Gazette.

            (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 IVElectoral Divisions

Do not delete : Division placeholder

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 10 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 10 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 for State

            (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—an officer nominated for the purpose by the Governor-General, being a senior officer of the Australian Public Service 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 officer of the Australian Public Service 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—an officer nominated for the purpose by the Governor-General, being a senior officer of the Australian Public Service 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.

            (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).

61  Redistribution Committee for Australian Capital Territory

            (1)  For the purposes of each redistribution of the Australian Capital Territory, the Electoral Commission shall, as soon as practicable after the commencement of the redistribution, appoint, by instrument in writing, a Redistribution Committee for the Territory.

            (2)  For the purposes of the redistribution, the Electoral Commission shall, by instrument in writing, determine 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.

            (3)  Subject to subsection (4), the members of a Redistribution Committee for the Australian Capital Territory shall be:

                     (a)  the Electoral Commissioner;

                     (b)  the senior Divisional Returning Officer for the Territory;

                     (c)  the Commonwealth Surveyor-General; and

                     (d)  an officer of the Australian Public Service nominated for the purpose by the Governor-General, being an officer who is, in the opinion of the Governor-General, a senior officer of the Australian Public Service.

            (4)  If the Commonwealth Surveyor-General 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 Commonwealth Surveyor-General who is available to serve as a member of the Redistribution Committee—a Deputy Commonwealth Surveyor-General who is so available; or

                     (b)  in any other case—an officer of the Australian Public Service nominated for the purpose by the Governor-General, being an officer who is, in the opinion of the Governor-General, a senior officer of the Australian Public Service;

as a member of the Redistribution Committee in lieu of the Commonwealth Surveyor-General.

            (5)  Subject to subsection (6), the performance of the functions, and the exercise of the powers, of a Redistribution Committee for the Australian Capital Territory 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 Australian Capital Territory 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 Territory in accordance with subsections (3) and (4).

            (7)  Where, in pursuance of subsection (6), the Electoral Commission revokes the appointment of a Redistribution Committee for the Australian Capital Territory and appoints another Redistribution Committee for the Territory, the provisions of this Part apply as if the first-mentioned Redistribution Committee had never been appointed.

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.

64  Suggestions and comments relating to redistribution

            (1)  A Redistribution Committee for a State or the Australian Capital Territory shall, as soon as practicable after its appointment, by notice published in the Gazette and in 2 newspapers circulating throughout the State or Territory:

                     (a)  invite written suggestions relating to the redistribution of the State or Territory to be lodged with it within the period of 30 days after the publication of the notice in the Gazette; and

                     (b)  invite written comments, being comments relating to suggestions lodged with it in pursuance of paragraph (a), to be lodged with it within the period of 14 days after the expiration of the period referred to in that paragraph.

            (2)  The Redistribution Committee shall, forthwith after the expiration of the period referred to in paragraph (1)(a), cause copies of the suggestions lodged with it in pursuance of that paragraph to be made available for perusal 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.

            (3)  The Redistribution Committee shall consider all of the suggestions and comments lodged with it in pursuance of 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)  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 expiration of the period of 14 days referred to in paragraph 64(1)(b) 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, 3 years and 6 months after the State or Territory had been redistributed, be less than 98% or more than 102% 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.

            (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, 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 in pursuance of paragraph (1)(c) or (d) shall include a statement to the effect that a person or organization may:

                     (a)  in the case of a notice published in the Gazette—within the period of 28 days after the publication of the notice; or

                     (b)  in the case of a notice published in a newspaper—within the period of 28 days after the publication of the notice published in the Gazette in pursuance of that paragraph;

lodge with the Electoral Commission a written objection against the proposed redistribution.

69  Objections against proposed redistribution

A person or organization may, within the period of 28 days after the publication in the Gazette of the notice referred to in paragraph 68(1)(c), lodge with the Electoral Commission a written objection against the proposed redistribution.

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 shall reconsider all objections against the proposed redistribution lodged with the Electoral Commission in pursuance of section 69, being objections that had previously been considered by the augmented Electoral Commission; and

                     (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 of the initial objections and any further objections.

            (2)  The augmented Electoral Commission shall complete its consideration of the initial objections and any further 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 section 69.

            (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 or on behalf of the person who, or the organization that, lodged the objection and any person who, or organization that, lodged suggestions or comments relating to the redistribution with the Redistribution Committee in pursuance of subsection 64(1).

            (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)  a person who, or an organisation that, was entitled to make submissions under subsection (6) may forthwith 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)  a person who, or an organisation that, was entitled to make submissions under subsection (6) may, forthwith upon the making of the public announcement, lodge with the Electoral Commission a written further objection;

                     (b)  subject to subsection (3), the augmented Electoral Commission shall hold an inquiry into a further objection; 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 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, 3 years and 6 months after the making of the determination, be less than 98% or more than 102% 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.

            (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 against the proposed redistribution lodged with the Electoral Commission in pursuance of 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 61.”.

          (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 VSubdivisions and Polling Places

Do not delete : Division placeholder

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 Commission may, by notice published in the Gazette:

                     (a)  appoint, by name, such polling places for each Division as it 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.

            (3)  The Electoral Commission 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, at the time of the last election for which a poll was taken in that Division, polling places for that Division but that have been abolished since that time.

Part VIElectoral 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, 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 relevant officer, a reasonably effective notification of that transfer can be given by notice published in a newspaper—the relevant officer 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 relevant officer:

                             (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.

            (4)  In subsection (3), relevant officer, in relation to an elector transferred for the purposes of subsection (1), means:

                     (a)  where the transfer is a transfer between Rolls for Divisions or Subdivisions in a State or the Northern Territory—the Australian Electoral Officer for that State or the Northern Territory; and

                     (b)  where the transfer is a transfer between Rolls for Divisions or Subdivisions in the Australian Capital Territory—the Electoral Commissioner.

87  Additions etc. to new Rolls

Upon the receipt by the Divisional Returning Officer of a new Roll for a Subdivision, the Divisional Returning Officer, or if there is an Assistant Divisional Returning Officer for the Subdivision, the Assistant Divisional Returning Officer, shall:

                     (a)  make additions, alterations, and corrections therein; and

                     (b)  remove names therefrom;

pursuant to claims or notifications received 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.

89  Printing of Rolls

            (1)  Rolls shall be printed whenever the Electoral Commission so directs but so that the Rolls are printed at least once during the period of 2 years after the commencement of the first session of the Parliament after a general election.

            (2)  Supplemental Rolls, setting out additions since the latest print of the Rolls, shall be prepared and printed at such times as the Electoral Commission directs.

90  Inspection etc. of Rolls

            (1)  Copies of the latest print of the Roll for a Division and of the Supplemental Rolls (if any) relating to that Roll shall be available for public inspection without fee:

                     (a)  at the office of the Divisional Returning Officer for that Division;

                     (b)  if there is an Assistant Divisional Returning Officer for a Subdivision of that Division—at the office of that Assistant Divisional Returning Officer; and

                     (c)  at such other places (if any) as the Electoral Commission determines;

and shall be available for purchase at that office or those offices, as the case requires, and at such other places (if any) as the Electoral Commission determines, on payment of such amounts as the Electoral Commission determines to be appropriate in relation to prints of Rolls of that kind.

            (2)  Each Roll kept by a Divisional Returning Officer or an Assistant Divisional Returning Officer shall be available for public inspection, without fee, at the office of the Divisional Returning Officer or of the Assistant Divisional Returning Officer, at any time during ordinary office hours.

            (3)  The Electoral Commission shall, at each capital city office of the Commission, keep available for inspection by members of the public, the latest microfiche of:

                     (a)  the Roll for each State and Territory; and

                     (b) any other Roll specified in a direction given by the Electoral Commissioner for the purpose of this paragraph.

            (4)  The capital city offices of the Electoral Commission are:

                     (a)  the principal office of the Commission in Canberra;

                     (b)  the principal office of the Commission in the capital city of each State; and

                     (c)  the principal office of the Commission in Darwin.

            (5)  The Divisional Returning Officer for a Division shall keep available, at his or her office, for inspection by members of the public, the latest microfiche of:

                     (a)  the Roll for the Division; and

                     (b)  any other Roll specified in a direction given by the Electoral Commissioner for the purpose of this paragraph.

            (6)  A microfiche of a Roll shall be made whenever the Electoral Commissioner so directs.

            (7)  A microfiche referred to in subsection (3) or (5) shall be available for inspection during ordinary office hours without fee.

91  Provision of Rolls and habitation indexes to political parties etc.

            (1)  In this section:

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.

Secretary of a Department has the same meaning as in the Public Service Act 1922.

supplement means, in relation to a Roll, a record of the changes to the Roll during a period of time.

            (2)  The Electoral Commission shall, after each general election:

                     (a)  provide to each registered political party a copy of the latest print of the Roll for each State and Territory;

                     (b)  provide to each Senator for a State or Territory 5 copies of the latest print of the Roll for that State or Territory;

                     (c)  provide to each member of the House of Representatives 5 copies of the latest print of the Roll for the Division for which the member was elected; and

                     (d)  provide to such other persons or organisations (if any) as the Electoral Commission determines are appropriate a copy of the latest print of such Rolls as the Electoral Commission considers appropriate.

            (3)  Instead of providing a copy or copies of the latest print of a Roll to a party or person referred to in paragraph (2)(a), (b) or (c), the Electoral Commission must, if the party or person so requests, provide a copy of the Roll on tape or disk.

            (4)  Instead of providing a copy of the latest print of a Roll to a person or organisation referred to in paragraph (2)(d), the Electoral Commission may, at its discretion, provide a copy of the Roll on tape or disk.

         (4A)  In addition to any tapes or disks provided under subsection (3) or (4), the Electoral Commission:

                     (a)  must, on request, and as far as practicable, provide to a registered political party a member of which is a Senator or a member of the House of Representatives a copy on tape or disk of any Roll or of any supplement to a Roll; and

                     (b)  must, on request, and as far as practicable, provide to any other registered political party a copy on tape or disk of any Roll or of any supplement to a Roll; and

                     (c)  must, on request, and as far as practicable, provide to a Senator for a State or Territory a copy on tape or disk of the Roll for any Division in that State or Territory or of any supplement to that Roll; and

                     (d)  must, on request, and as far as practicable, provide to a member of the House of Representatives a copy on tape or disk of the Roll for:

                             (i)  the Division for which the member was elected; or

                            (ii)  if the member was elected for a Division that has been affected by a redistribution—any Division that after the redistribution includes the Division, or a part of the Division, for which the member was elected;

                            or of any supplement to that Roll or Rolls;

                     (e)  may, on request, if it considers it appropriate, and subject to conditions (if any) determined by the Commission, provide to any person or organisation a copy on tape or disk of any Roll or of any supplement to a Roll.

            (5)  So far as practicable, the Electoral Commission shall, after each general election, provide to each registered political party a copy on tape or disk of the habitation index for each Division.

         (5A)  In addition to any tapes or disks provided under subsection (5), the Electoral Commission must, on request, and as far as practicable, provide to a registered political party a copy on tape or disk of any habitation index.

            (6)  A print, tape or disk provided to a party or person under subsection (2), (3), (4) or (5) shall be provided:

                     (a)  without charge; and

                     (b)  not later than 2 years after the commencement of the first session of the Parliament after the last general election.

         (6A)  A tape or disk provided to a party, Senator or member under paragraph (4A)(a), (c) or (d) is to be provided without charge.

         (6B)  If the Commission provides a tape or disk under paragraph (4A)(b) or (e) or subsection (5A), it may charge a fee that covers the cost to the Commission of providing the tape or disk.

            (7)  In spite of subsections (2), (4A), (5) and (5A), the Electoral Commission is not required by those subsections to provide a registered political party with:

                     (a)  a copy of the latest print of the Roll for a State or Territory; or

                     (b)  a copy on tape or disk of the Roll for a State or Territory; or

                     (c)  a copy on tape or disk of the habitation index for a Division in a State or Territory;

unless a branch or division of the party is organised on the basis of that State or Territory.

            (8)  The Electoral Commission shall not include on a tape or disk of a habitation index provided under subsection (5) or (5A) the name of a person whose address has been excluded or deleted from a Roll under section 104.

            (9)  Except as otherwise provided by this Act, the Electoral Commission shall not provide any person with any information which discloses particulars of the occupations, sex or dates of birth of electors.

          (10)  The Electoral Commission may provide a prescribed authority with a microfiche of a Roll or with information referred to in subsection (9) if the provision of the microfiche or information is authorised by the regulations.

       (10A)  Nothing in section 91C, 91D or 91E derogates from the requirement of the Electoral Commission to provide copies of the latest print of the Rolls under this section.

          (11)  In subsection (10), prescribed authority means:

                     (a)  the Secretary of a Department that is specified in the regulations for the purposes of this subsection; or

                     (b)  the chief executive officer of an authority of the Commonwealth that is so specified.

91A  Use of information from Roll and habitation index

            (1)  If a tape or disk has been provided under subsection 91(3), (4), (4A), (5) or (5A), a person must not use information obtained by means of the tape or disk except for a purpose that is a permitted purpose in relation to the person or organisation to which the tape or disk was provided.

Penalty: $1,000.

         (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

                     (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;

                     (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.

         (2A)  The permitted purposes in relation to a person or organisation other than a Senator, member of the House of Representatives or political party 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.

            (3)  In this section:

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 by means of a tape or disk provided under section 91.

            (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.

            (3)  A person shall not use protected information for a commercial purpose.

Penalty: $1,000.

91C  Provision of certified list of voters to candidates

The Electoral Commission, as soon as practicable after the close of the Rolls, must give to each candidate in a House of Representatives election a copy of the certified list of voters for the Division for which he or she is seeking election.

91D  Provision of certified list of voters to members of House of Representatives

            (1)  The Electoral Commission, as soon as practicable after a candidate in a House of Representatives election has been declared elected under section 284, must give to the successful candidate 3 copies of the certified list of voters for the Division for which he or she was elected.

            (2)  The Electoral Commission, as soon as practicable after the result of a Senate election has been declared under section 283, must give to each member of the House of Representatives 3 copies of the certified list of voters for the Division for which the member was elected that was provided for the purposes of paragraph 203(1)(b) for the Senate election.

            (3)  Subsection (2) does not, after a Senate election, entitle a member of the House of Representatives to copies of the certified list of voters for a Division if the member would have been so entitled by virtue of a House of Representatives election held at the same time as the Senate election.

91E  Provision of certified list of voters to Senators

            (1)  The Electoral Commission, as soon as practicable after the result of a Senate election has been declared under section 283, must give to each Senator 3 copies of the certified list of voters for each Division in the State or Territory that he or she represents.

            (2)  The Electoral Commission, as soon as practicable after a candidate in a House of Representatives election has been declared elected under section 284, must give to each Senator who represents the State or Territory in which the Division for which the election was held is situated 3 copies of the certified list of voters for the Division.

            (3)  Subsection (2) does not, after a House of Representatives election, entitle a Senator to copies of the certified list of voters for a Division in the State or Territory which that Senator represents if the Senator would have been so entitled by virtue of a Senate election held at the same time as the House of Representatives election.

92  Roll reviews

            (1)  All officers in the service of the Commonwealth, all police, statistical, and electoral officers in the service of any State, officers in the service or any local governing body, and all occupiers of habitations shall upon application furnish to the Electoral Commission or to any officer acting under its direction all such information as the Electoral Commission requires in connexion with the preparation, maintenance or revision of the Rolls.

            (2)  The Electoral Commission 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 Commission, out of the Consolidated Revenue Fund, amounts equal to the sum of the expenses reasonably incurred by it 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 Minister for Finance may make advances to the Electoral Commission on account of the amount that is expected to become payable under this section to the Commission.

            (8)  Amounts payable to the Electoral Commission under this section shall be paid in such amounts, and at such times, as the Minister for Finance determines.

Part VIIQualifications and Disqualifications for Enrolment and for Voting

93  Persons entitled to enrolment and to vote [see Note 3]

            (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) and (5), 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 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)  is serving a sentence of 5 years or longer for an offence against the law of the Commonwealth or of a State or Territory; or

                     (c)  has been convicted of treason or treachery and has not been pardoned;

is not entitled to have his or her name placed on or retained on any Roll or to vote at any Senate election or House of Representatives election.

         (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.

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 3 years after ceasing to reside in Australia;

may apply in writing to be treated as an eligible overseas elector. The application must be made to the Divisional Returning Officer for that Division.

         (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 1 year after the day on which the elector ceased to reside in Australia.

            (2)  Where an application is made under subsection (1):

                     (a)  the Divisional Returning Officer 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 Divisional Returning Officer for a Division 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 Divisional Returning Officer 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 Divisional Returning Officer to whom the application was made 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 3 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 3 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 3 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 3 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 Divisional Returning Officer for the Division for which he or she is enrolled to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Divisional Returning Officer to whom the application is made 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 Divisional Returning Officer for the Division for which he or she is enrolled to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Divisional Returning Officer to whom the application is made 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.

          (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 Divisional Returning Officer for the Division for which he or she is enrolled 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 3 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 Divisional Returning Officer for the Division on the Roll for a Subdivision of which an annotation in relation to a person under subsection (2) has been made 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 DRO 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 Divisional Returning Officer to whom the application was made became aware of the happening of the event—the Divisional Returning Officer 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.

95   Eligibility of spouse or child of eligible overseas elector [see Note 4]

            (1)  Where a person:

                     (a)  who is the spouse 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 in a Subdivision of a Division; and

                     (f)  who intends to resume residing in Australia not later than 3 years after the day on which he or she attained 18 years of age;

applies to the Divisional Returning Officer for the Division that includes the relevant Subdivision to have his or her name placed on the Roll for the relevant Subdivision and to be treated as an eligible overseas elector, the Divisional Returning Officer to whom the application is made 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 under this section shall be in writing.

            (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)  Where an application under this section is received by a Divisional Returning Officer after 8 p.m. on the day of the close of the Rolls for an election to be held in the Division, the name of the applicant shall not be added to the Roll for a Subdivision, and the annotation of the Roll under subsection (1) in relation to the applicant shall not be made, until after the close of the polling at that election.

            (5)  Where a Divisional Returning Officer:

                     (a)  grants or refuses an application made under subsection (1); or

                     (b)  is of the opinion that an application cannot be proceeded with because of the operation of subsection (4);

the Divisional Returning Officer shall notify the applicant in writing of that decision or opinion, as the case may be.

            (6)  Where a person who has applied under subsection (1) to be treated as an eligible overseas elector:

                     (a)  resumes residing in Australia within 3 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 3 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 Divisional Returning Officer to whom the application under subsection (1) to be treated as an eligible overseas elector was made 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 3 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 3 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 Divisional Returning Officer for the Division for which he or she is enrolled to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Divisional Returning Officer to whom the application is made 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 Divisional Returning Officer for the Division for which he or she is enrolled to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Divisional Returning Officer to whom the application is made 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.

          (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 Divisional Returning Officer for the Division for which he or she is enrolled 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 3 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 Divisional Returning Officer for the Division on the Roll for a Subdivision of which an annotation in relation to a person under subsection (1) has been made 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 DRO 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 Divisional Returning Officer to whom the application was made became aware of the happening of the event—the Divisional Returning Officer 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.

          (16)  For the purposes of this section, where a child is adopted by a person, that child shall be taken to be the child of that person.

          (17)  In this section:

Australia does not include Norfolk Island.

child includes an ex-nuptial child.

spouse, in relation to a person (in this subsection referred to as the relevant person) includes a person who, although not legally married to the relevant person, lives with the relevant person as the spouse of the relevant person on a permanent and bona fide  domestic basis.

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 in a Subdivision and had so lived for a period of one month last past; and

                     (c)  is not entitled to be enrolled for a Subdivision under section 94 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), a Divisional Returning Officer must take the claimant to be one of those people.

95AC  Rolls relating to Norfolk Island electors

            (1)  A Divisional Returning Officer who, under section 95AA, causes the name of a person to be added to the Roll must annotate the Roll so as to indicate that the person is enrolled under that section.

            (2)  A Divisional Returning Officer for a Division must conduct a review of the Roll for a Subdivision of that Division in relation to electors to whom an annotation under subsection (1) applies if directed to do so by the Electoral Commission and, upon completion of the review, 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)  because the person does not reside in any Subdivision, is not entitled to be enrolled for any Subdivision;

may apply to the Australian Electoral Officer for a State for enrolment under this section for a Subdivision in that State.

            (2)  An application shall be in writing.

         (2A)  The Australian Electoral Officer shall cause the name of the applicant to be added 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 Australian Electoral Officer 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)  Where an application under this section is received by an Australian Electoral Officer after 8 p.m. on the day of the close of the Rolls for an election to be held in the Division to a Subdivision of which the application relates, the name of the applicant shall not be added to the Roll for the Subdivision, and the annotation of the Roll under subsection (2B) in relation to the applicant shall not be made, until after the close of the polling at that election.

            (5)  Where an Australian Electoral Officer:

                     (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 Australian Electoral Officer shall notify the applicant in writing of that decision or opinion, as the case may be.

            (6)  Where an Australian Electoral Officer notifies a person under subsection (5) of a decision to refuse an application made under subsection (1), the notice 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 he or she is dissatisfied with the decision, make an application to the Administrative Appeals Tribunal for review of the decision.

            (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;

                     (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 Australian Electoral Officer to whom the application under subsection (1) was made of the happening of the event referred to in paragraph (a), (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.

            (9)  A person ceases to be entitled to be treated as an itinerant elector under this section if:

                     (a)  while the person is being so treated, a general election is held at which the person neither votes nor applies for a postal vote;

                     (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)  Where the Australian Electoral Officer who has caused the name of a person to be added to the Roll for a Subdivision of a Division under this section 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) or (9), he or she must:

                     (a)  if the person ceases to be entitled otherwise than because of paragraph (9)(b) and the Australian Electoral Officer is aware that the person resides in the Division—cause the annotation made in relation to the person under subsection (2B) to be cancelled; or

                     (b)  in any other case—cause the enrolment of the person on the Roll for the Subdivision to be cancelled.

          (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 Australian Electoral Officer to whom the application was made became aware of the happening of the event—the Australian Electoral Officer shall not cause the name to be added to the Roll under this section or cause the annotation to be made; 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.

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

            (1)  This Part applies in relation to the Australian Capital Territory as if:

                     (a)  references in the preceding sections of this Part to a State were references to the Australian Capital Territory; and

                     (b)  references in the preceding sections of this Part to an Australian Electoral Officer for a State were references to the Electoral Commissioner.

         (1A)  This Part applies to the Northern Territory as if the Territory were a State.

            (2)  This Part applies in relation to a Subdivision in relation to which an Assistant Divisional Returning Officer is appointed as if references in the preceding sections of this Part, in relation to a Subdivision, to a Divisional Returning Officer were references to an Assistant Divisional Returning Officer.

Part VIIIEnrolment

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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 17 enrolment.

            (2)  A claim shall:

                     (a)  be in the approved form;

                     (b)  subject to subsection (3), be signed by the claimant; and

                     (c)  be attested by an elector or a person entitled to enrolment, who shall sign the claim as witness in his or her own handwriting.

            (3)  Where a person wishes to make a claim for enrolment, for transfer of enrolment or for age 17 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 the 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.

99  Claims for enrolment or transfer of enrolment

            (1)  Any person qualified for enrolment, who lives in a Subdivision, and has so lived for a period of one month last past, shall be entitled 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 in any other Subdivision, and has so lived for a period of one month last past, shall be entitled to have his or her name transferred to the Roll for the Subdivision in which he or she lives.

            (3)  Subject to sections 94, 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 in the Subdivision for a period of one month.

99A  Provisional claim for enrolment by applicant for citizenship

            (1)  A person who:

                     (a)  applies for a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948; and

                     (b)  would, if he or she were an Australian citizen, be entitled 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 in another subdivision; and

                     (b)  has lived in that subdivision 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 must be:

                     (a)  in the approved form; and

                     (b)  subject to subsection (5), signed by the claimant; and

                     (c)  attested to by an elector or a person entitled to enrolment, who must sign the claim as witness in his or her own handwriting; and

                     (d)  lodged:

                             (i)  if the claim is made under subsection (1)—together with the claimant’s application for a certificate of Australian citizenship; or

                            (ii)  if the claim is made under subsection (2)—with any Australian Electoral Officer or DRO.

            (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 Department of Immigration, Local Government and Ethnic Affairs must:

                     (a)  send to the Electoral Commissioner, as soon as practicable, any provisional claim for enrolment lodged by a person under subparagraph (4)(d)(i); and

                     (b)  inform the Electoral Commissioner, as soon as practicable, whether or not a certificate of Australian citizenship has been granted to the person.

            (7)  If a person who has made a provisional claim for enrolment for a subdivision is granted a certificate of Australian citizenship, 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 is granted the certificate of citizenship.

            (8)  If a person who has made a provisional claim for enrolment is refused a certificate of Australian citizenship, the provisional claim has no effect.

100  Claims for age 17 enrolment

            (1)  A person who:

                     (a)  is 17 years of age; and

                     (b)  would be entitled 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 any Divisional Returning Officer or Australian Electoral Officer.

            (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, 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 any Divisional Returning Officer or Australian Electoral Officer.

         (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 any Divisional Returning Officer or Australian Electoral Officer.

            (2)  Where a person sends or delivers a claim for enrolment (including a claim for age 17 enrolment), or for transfer of enrolment, to a Divisional Returning Officer for a Division other than the Division (in this subsection referred to as the proper Division) on the Roll for a Subdivision of which the person is entitled to be enrolled, the Divisional Returning Officer shall note on the claim the date of its receipt, subject to subsection 102(2A), and forthwith send the claim and any documents sent or delivered by the person with the claim to the Divisional Returning Officer for the proper Division.

            (3)  Where a person sends or delivers a claim for enrolment (including a claim for age 17 enrolment), or for transfer of enrolment, to an Australian Electoral Officer, the Australian Electoral Officer shall note on the claim the date of its receipt and, subject to subsection 102(2A), forthwith send the claim and any documents sent or delivered by the person with the claim to the Divisional Returning Officer for the Division on the Roll for a Subdivision of which the person is entitled to be enrolled.

            (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 a Divisional Returning Officer or an Australian Electoral Officer, a claim, duly filled in and signed in accordance with the directions printed thereon.

            (5)  Subject to subsection (5A), where a person enrolled for a Subdivision (including a person whose address, in pursuance of a request made under section 104, is not entered on a Roll) changes his or her place of living from one address in that Subdivision to another address in the same Subdivision, the person shall, within 21 days after the date of making the change, give notice in writing of the new address to the Divisional Returning Officer for the Division that includes that Subdivision.

         (5A)  Subsections (1), (4) and (5) do not apply to a qualified Norfolk Islander within the meaning of section 95AA.

            (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 $50.

         (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.

            (7)  Where a person sends or delivers a claim for enrolment, or for transfer of enrolment, to a Divisional Returning Officer or an Australian Electoral Officer, 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.

102  Action on receipt of claim

            (1)  Subject to subsection (4), where, pursuant to section 101, a Divisional Returning Officer for a Division receives a claim for enrolment or transfer of enrolment for that Division, the Divisional Returning Officer shall:

                     (a)  note on the claim the date of its receipt;

                     (b)  if the claim is in order and the officer is satisfied that the claimant is entitled to be enrolled for a Subdivision of that Division, forthwith:

                             (i)  enter on the Roll for the Subdivision the name of the claimant and the other particulars required by section 83;

                            (ii)  notify the claimant in writing that he or she has been enrolled for that Subdivision;

                          (iii)  in the case of a claim for transfer of an enrolment from the Roll for another Subdivision in that Division—delete the name of the claimant from the Roll for the last-mentioned Subdivision; and

                           (iv)  in the case of a claim for transfer of enrolment from a Subdivision not included in that Division—give notice of the transfer to the Divisional Returning Officer for the Division that includes the last-mentioned Sub-division; and

                   (ba)  if the claim is in order but the officer is satisfied that the claimant is already properly enrolled 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

                     (c)  if the claim is not in order or the officer is not satisfied that the claimant is entitled to be enrolled in a Subdivision of that Division—notify the claimant in writing that the claim has been rejected.

         (1A)  Before dealing with a claim under paragraph (1)(b), (ba) or (c), a Divisional Returning Officer may make any inquiries the officer thinks necessary.

            (2)  Where a Divisional Returning Officer for a Division receives notice, pursuant to subparagraph (1)(b)(iv), of the transfer of a person’s enrolment from a Subdivision in that Division, the Divisional Returning Officer shall delete the name of, and particulars relating to, the person from the Roll for the Subdivision.

         (2A)  This subsection applies during the period commencing on a public announcement that an election will be held or the issue of the writ or writs for the election, whichever is the earlier, and ending at 8 p.m. on the day on which the Rolls for the election close.

         (2B)  At any time when subsection (12) applies, a Divisional Returning Officer may, with the concurrence of the Australian Electoral Officer for the State, and in accordance with such directions (if any) as are given by the Electoral Commissioner, deal with a claim for enrolment or transfer of enrolment received by the Divisional Returning Officer or by another Divisional Returning Officer for a Division in the same State.

         (2C)  Where a claim for enrolment or transfer of enrolment for a Division is dealt with by the Divisional Returning Officer for another Division, subsection (1) applies as if the Divisional Returning Officer were the Divisional Returning Officer for the first-mentioned Division.

         (2D)  At any time when subsection (2A) applies, the Australian Electoral Officer for a State may, in accordance with such directions (if any) as are given by the Electoral Commissioner, deal with a claim for enrolment or transfer of enrolment received by the Australian Electoral Officer, by any Divisional Returning Officer in that State or by an Australian Electoral Officer or Divisional Returning Officer in another State.

         (2E)  Where a claim for enrolment or transfer of enrolment is dealt with by an Australian Electoral Officer, subsection (1) applies as if the Australian Electoral Officer were the Divisional Returning Officer for the Division for which the claim is made.

            (3)  Notice of a decision given to a claimant by a Divisional Returning Officer under subparagraph (1)(b)(v) or paragraph (1)(c) shall 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)  A claim under section 101 by a person to have his or her name placed on the Roll for a Subdivision received during the period commencing at 8 p.m. on the day on which the Rolls for an election to be held in the Subdivision close and ending on the close of polling at the election shall not be considered until after the expiration of that period.

         (4A)  This subsection applies to a claim under section 101 if:

                     (a)  the claim is received during the period referred to in subsection (4);

                     (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 commencement of the period referred to in subsection (4); and

                     (c)  the claim is included in the mail identified in the notification.

         (4B)  In spite of subsection (4):

                     (a)  a claim to which subsection (4A) applies shall be regarded as having been received before the commencement of the period referred to in subsection (4); and

                     (b)  if the claimant’s name is entered on the Roll in accordance with the claim, the enrolment shall, in relation to any vote recorded by the claimant in an election, be regarded as having been effected before the commencement of the period referred to in subsection (4).

            (5)  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

Any officer who receives a claim for enrolment or transfer of enrolment and who without just excuse 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.

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) or transfer of 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 DRO keeping the Roll for the Subdivision 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 DRO for the Division that includes the Subdivision on the Roll for which the person making the request is to be or has been enrolled, as the case may be, 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 DRO:

                     (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.

            (5)  Where a DRO grants or refuses a request made by a person under subsection (1) or (2), the DRO 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)  A DRO for a Division shall, when directed to do so by the Electoral Commission, conduct a review of the Roll for a Subdivision of that 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 DRO 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 DRO must notify the elector in writing that the DRO 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(3), 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 DRO must enter the elector’s address on the Roll. 

105  Alteration of Rolls

            (1)  In addition to other powers of alteration conferred by this Act, a Divisional Returning Officer may alter any Roll kept by the officer by:

                     (a)  correcting any mistake or omission in the particulars of the enrolment of an elector;

                     (b)  altering, on the written application of an elector, the original name or address of the elector on the same Subdivision Roll;

                     (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 officer 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.

            (2)  Where 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 the elector was entitled on that date to be enrolled for the Subdivision in which he or she was living:

                     (a)  if the 2 Subdivisions are both in the same Division, the Divisional Returning Officer 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; and

                     (b)  if the 2 Subdivisions are not in the same Division, the Australian Electoral Officer shall forward a certificate setting forth the facts to the Divisional Returning Officer for the Division for which the elector is enrolled, and the Divisional Returning Officer for the Division in which the elector is living, and thereupon the Divisional Returning Officer for the Division for which the elector is enrolled shall remove the name of the elector from that Roll and the Divisional Returning Officer for the Division in which the elector is living shall 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)  Where, at a preliminary scrutiny of declaration votes, a vote is admitted to further scrutiny because of paragraph 12 of Schedule 3, the Divisional Returning Officer shall, as soon as practicable, enter the name of the elector on the Roll for the Subdivision for which, but for an error or mistake, the name would have appeared unless, since the close of the Rolls for the election, the person has been enrolled for another Subdivision.

            (5)  Where, at a preliminary scrutiny conducted under section 89A of the Referendum (Machinery Provisions) Act 1984, a vote is admitted to further scrutiny because of paragraph 11 of Schedule 4 to that Act, the Divisional Returning Officer shall, as soon as practicable, enter the name of the elector on the Roll for the Subdivision for which, but for an error or mistake, the name would have appeared unless, since the close of the Rolls for the referendum, the person has been enrolled for another Subdivision.

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 Divisional Returning Officer for that Division, 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 Divisional Returning Officer or of the person who makes the alteration on behalf of the Divisional Returning Officer.

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 each Divisional Returning Officer in the State (either direct or through the Australian Electoral Officer for the State as may be arranged) a list of the names, addresses, occupations, ages, and sexes and dates of death of all persons of the age of 17 years or upwards whose deaths have been registered during the preceding month in respect of the Division for which the Divisional Returning Officer has been appointed;

                     (b)  forward to the Australian Electoral Officer for the State 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 convictions to be forwarded

The Controller-General of Prisons shall as soon as practicable after the beginning of each month forward to the Australian Electoral Officer a list of the names, addresses, occupations, and sexes of all persons who during the preceding month have been convicted in the State and are serving a sentence of 5 years or longer for any offence.

110   Officers to act on receipt of information

            (1)  The Australian Electoral Officer or the Divisional Returning Officer, as the case requires, shall, upon receipt of information pursuant to sections 108 and 109, take action under this Act to effect such alterations of the Rolls as are necessary.

            (2)  An officer 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, a Divisional Returning Officer 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 officer 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 a Divisional Returning Officer 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 officer 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.

            (3)  Without limiting section 90, where particulars are recorded or stored by virtue of this section, the Divisional Returning Officer responsible for the Roll on which, but for this section, those particulars would be recorded shall ensure that means are provided by which those particulars are available, without fee, for public inspection in a written form at the office of the Divisional Returning Officer during ordinary office hours.

            (4)  Where a Divisional Returning Officer who is required under this Act or the regulations to enter particulars on, vary particulars on, or remove particulars from, a Roll complies with the requirement by taking action in accordance with this section, the officer shall, for the purposes of this Act, including any provisions imposing obligations on the officer, 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.

111A  Claims may be sent by fax

            (1)  A claim under this Part that is to be sent to an Australian Electoral Officer or a DRO may be sent by fax machine. This subsection does not apply to a provisional claim under section 99A or to a claim that is accompanied by a request under section 104.

            (2)  If a claim is sent by a fax machine in accordance with subsection (1), references in this Act to the claim include references to the fax received by the Australian Electoral Officer or the DRO.

112  Application of Part

            (1)  This Part applies in relation to the Australian Capital Territory as if:

                     (a)  references in the preceding sections of this Part to a State were references to the Australian Capital Territory; and

                     (b)  references in the preceding sections of this Part to an Australian Electoral Officer for a State were references to the Electoral Commissioner.

         (1A)  This Part applies to the Northern Territory as if the Territory were a State.

            (2)  This Part applies in relation to a Subdivision in relation to which an Assistant Divisional Returning Officer is appointed as if references in the preceding sections of this Part, in relation to a Subdivision, to a Divisional Returning Officer were references to an Assistant Divisional Returning Officer.

Part IXObjections

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113  Interpretation

            (1)  In this Part:

appropriate DRO means the DRO for the Division for which the challenged elector is enrolled.

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 a DRO under subsection 114(2).

private objection means an objection under subsection 114(1).

relevant Subdivision means the Subdivision for which the challenged elector is enrolled.

            (2)  Where there is an Assistant Divisional Returning Officer for a Subdivision, a reference in this Part to the DRO for the Division that includes the Subdivision shall be read as a reference to the Assistant Divisional Returning Officer.

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 that the other person is not entitled to be enrolled for that Subdivision.

            (2)  The DRO for a Division shall object to the enrolment of a person for a Subdivision of that Division if there are reasonable grounds for believing that the person is not entitled to be enrolled for that Subdivision.

            (3)  A DRO shall not object on the ground set out in paragraph 93(8)(a).

115  Form and manner of objection

            (1)  An objection shall be in writing in the approved form.

            (2)  A private objection shall be lodged with the appropriate DRO together with an amount of $2.

            (3)  An objection on the ground that the challenged elector does not live in a Subdivision is not sufficient unless it also states that, at the date of the objection, the elector has not lived in the Subdivision for at least one month.

116  Notice of objection

            (1)  The DRO 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)  set out the steps to be taken by the elector if the elector 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 DRO as the place to which notices under this Act may be sent;

                            (ii)  if there is no such place, the place at which the DRO 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 DRO is satisfied that an objection is frivolous or vexatious, the DRO 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 DRO shall dismiss the objection without giving notice to the challenged elector.

117  Answer to objection

The challenged elector may answer an objection:

                     (a)  orally to the DRO at the office of the DRO or by telephone to the DRO; or

                     (b)  in writing.

118  Determination of objection

            (1)  A DRO shall determine an objection as soon as practicable after:

                     (a)  the receipt by the officer of the answer of the challenged elector; or

                     (b)  the end of 20 days after the giving of the notice;

whichever is the earlier.

            (2)  Before determining an objection, a DRO may make any inquiries the officer considers necessary to ascertain the facts in relation to the objection.

            (3)  If it appears to the DRO that the challenged elector is not entitled to be enrolled for the relevant Subdivision, the DRO shall remove the elector’s name from the Roll for that Subdivision.

            (4)  The DRO 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.

            (5)  The DRO shall not remove an elector’s name from the Roll for a Subdivision in accordance with the requirements of subsection (3) during the period between the issue of the writ for an election in the Subdivision and the close of the polling at the election.

            (6)  The DRO shall give to the objector and to the challenged elector written notice in the approved form of the decision of the DRO 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, an elector’s name is removed from the Roll, the amount of $2 lodged with the objection shall be repaid to the objector.

Part XReview of Decisions

120  Review by Australian Electoral Officer

            (1)  Where a Divisional Returning Officer for a Division:

                     (a)  notifies a person under section 102 that a claim by the person for enrolment, for transfer of enrolment or for age 17 enrolment has been rejected; or

                     (b)  notifies a person under section 118 that the person’s name has been removed from a Roll in pursuance of an objection;

the person may, before the expiration of the period of 28 days commencing on the day on which the notification is given, request the Divisional Returning Officer, in writing, to refer the claim or the objection, as the case may be, to the Australian Electoral Officer for the State that includes that Division for review.

            (2)  Where a Divisional Returning Officer for a Division notifies a person who has objected, under section 114, to an enrolment that the objection has been dismissed, the person objecting may, before the expiration of the period of 28 days commencing on the day on which the notification is given, request the Divisional Returning Officer, in writing, to refer the objection to the Australian Electoral Officer for the State that includes that Division for review.

            (3)  Where a Divisional Returning Officer for a Division:

                     (a)  notifies a person under subsection 95(5) that an application made by the person under subsection 95(1) has been refused; or

                     (b)  notifies a person under subsection 104(5) that a request made by the person under subsection 104(1) or (2) has been refused; or

                   (ba)  notifies a person under subsection 104(8) that the Divisional Returning Officer has decided that the person’s address should be entered on the Roll; or

                     (c)  notifies a person under subsection 185(6) that the person has not been registered as a general postal voter; or

                   (ca)  notifies a person under subsection 185C(2) that the registration of the person as a general postal voter has been cancelled;

the person may, before the expiration of the period of 28 days commencing on the day on which the notification is given, request the Divisional Returning Officer, in writing, to refer:

                     (e)  the application made by the person under subsection 95(1); or

                     (f)  the request made by the person under subsection 104(1) or (2); or

                   (fa)  the decision by the Divisional Returning Officer under subsection 104(8) that the person’s address should be entered on the Roll; or

                     (g)  the application made by the person under subsection 184A(1); or

                     (h)  the cancellation of the person’s registration as a general postal voter;

as the case may be, to the Australian Electoral Officer for the State that includes that Division for review.

            (4)  Where a Divisional Returning Officer for a Division in a State receives a request under subsection (1), (2) or (3), the officer shall forthwith forward to the Australian Electoral Officer for the State a copy of the request, together with:

                     (a)  any relevant application made under subsection 95(1); and

                     (b)  any relevant claim form lodged under section 98; and

                     (c)  any relevant notice under section 102; and

                     (d)  any relevant request made under subsection 104(1) or (2); and

                   (da)  a written statement of the reasons for the decision under subsection 104(8) that the person’s address should be entered on the Roll; and

                     (e)  any relevant objection lodged under section 114; and

                     (f)  any relevant notice given under section 116; and

                     (g)  any relevant answer to an objection under section 117; and

                     (h)  any relevant notice given under section 117; and

                     (j)  any relevant application made under section 184A, and a written statement of the reasons for not registering the person as a general postal voter; and

                    (ja)  if the request relates to the cancellation of the registration of a person as a general postal voter, a written statement of the reasons for the cancellation; and

                     (k)  such other information as the officer thinks relevant to the review of the claim or objection, as the case may be.

            (5)  Where an Australian Electoral Officer receives a copy of a request under subsection (4), the Australian Electoral Officer shall, without delay, review the decision of the Divisional Returning Officer to which the request relates.

            (6)  For the purpose of reviewing a decision made by a Divisional Returning Officer, the Australian Electoral Officer may exercise all of the powers and discretions that are conferred by this Act on the Divisional Returning Officer and shall make a decision in writing:

                     (a)  affirming the decision under review; or

                     (b)  setting aside the decision under review and making a decision in substitution for the decision so set aside.

            (7)  Where an Australian Electoral Officer makes a decision under subsection (6) in relation to a request made under subsection (1), (2) or (3), the officer shall cause a copy of the decision to be given to:

                     (a)  the person who made the request;

                     (b)  the Divisional Returning Officer in relation to whose decision the request was made;

                     (c)  in a case where an objector made the request in relation to a decision upon an objection—the person objected to; and

                     (d)  in a case where a person objected to made the request in relation to a decision upon an objection—the objector.

            (8)  Where an Australian Electoral Officer causes a copy of a decision made under subsection (6) to be given to a person under subsection (7), the copy shall be accompanied by a written statement to the effect that a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with the decision, make an application to the Administrative Appeals Tribunal for review of the decision.

            (9)  Any failure to comply with the requirement of subsection (8) in relation to a decision does not affect the validity of the decision.

121  Review by Administrative Appeals Tribunal

            (1)  Application may be made to the Administrative Appeals Tribunal for review of:

                     (a)  a decision made by an Australian Electoral Officer refusing an application made under subsection 96(1); or

                     (b)  a decision made by an Australian Electoral Officer under subsection 120(6).

            (2)  In this section, decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.

122  Application of Part

            (1)  This Part applies in relation to the Australian Capital Territory as if:

                     (a)  references in the preceding sections of this Part to a State were references to the Australian Capital Territory; and

                     (b)  references in the preceding sections of this Part to an Australian Electoral Officer were references to the Electoral Commissioner.

         (1A)  This Part applies to the Northern Territory as if the Territory were a State.

            (2)  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 XIRegistration 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.

Commission means the Electoral Commission.

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:

                     (a)  the Parliament of the Commonwealth;

                     (b)  the Parliament of a State;

                     (c)  the Legislative Assembly of the Northern Territory of Australia; or

                     (d)  the Legislative Assembly for the Australian Capital Territory.

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)  entitled to enrolment under this Act.

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 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 Commission by:

                     (a)  in the case of a Parliamentary party at least one member of which is a member of the Parliament of the Commonwealth:

                             (i)  the secretary of the party; or

                            (ii)  all the members of that Parliament who are members of, or the member of that Parliament who is a member of, the party;

                     (b)  in the case of a Parliamentary party no member of which is a member of the Parliament of the Commonwealth:

                             (i)  the secretary of the party; or

                            (ii)  all the members of a Parliament or an Assembly referred to in the definition of Parliamentary party in section 123 who are members of, or the member of a Parliament or an Assembly so referred to who is a member of, the party; or

                     (c)  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.

            (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;

                     (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.

            (3)  Upon receipt of an application for the registration of a political party, the 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 Commission that relates to such an application.

129  Parties with certain names not to be registered

The 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 Parliamentary party or a registered 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 Parliamentary party or a registered 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

                     (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 Parliamentary party or a registered political party; or

                            (ii)  matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a Parliamentary party or a registered 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.

130  Different levels of party may be registered

The 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 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 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 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 Commission; and

                     (b)  the Commission does not give a notice under subsection 131(1) in respect of that application;

the Commission must, as soon as practicable, publish in the Gazette and in each State and Territory in a newspaper circulating generally in that State or Territory a notice of the application.

            (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 Commission within 1 month after the date of the publication of the notice in the Gazette.

            (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 Commission in Canberra for inspection by members of the public.

            (5)  The 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 Commission in Canberra for inspection by members of the public.

            (7)  The 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 in the Gazette;

                     (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.

133  Registration

            (1)  Where the 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; and

                     (d)  publish in the Gazette notice of the registration of the party.

            (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 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 Commission, by:

                     (a)  in the case of a Parliamentary party—a person or persons who, if the party were not registered, would be entitled under subsection 126(1) to make an application for the registration 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 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.

         (2A)  An application under subsection (1A) shall be signed by the applicant.

            (3)  Upon receipt of an application under subsection (1) or (1A), the 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 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 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; and

                     (e)  publish in the Gazette notice of the change.

            (7)  Where the 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.

135  Voluntary de-registration

            (1)  A political party that is registered under this Part shall be de‑registered by the 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 de-registered under subsection (1), that party, or a party that has a name that so nearly resembles the name of the de-registered 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 de-registration.

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 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; and

                     (c)  cause notice of the deregistration to be published in the Gazette.

            (2)  Where a political party is de-registered under subsection (1A), that party, or a party that has a name that so nearly resembles the name of the de-registered 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 de-registration.

            (3)  A Parliamentary party shall not be de-registered under this section.

137  De-registration of political party on other grounds

            (1)  If the 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);

                     (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;

the Commission shall:

                     (d)  give the registered officer of the party notice, in writing, that it is considering de-registering 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); and

                     (e)  publish a notice in the Gazette that it is considering de‑registering the party under this section, specifying the paragraph of this subsection by reason of which it is considering doing so.

            (2)  Where a notice is given under paragraph (1)(d) 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 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 de-registered 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 paragraph (1)(d) in relation to a political party and a statement is not lodged under subsection (2) in response to that notice, the Commission shall de-register the party and publish a notice of the de-registration in the Gazette.

            (5)  Where, in response to a notice given under paragraph (1)(d) in relation to a political party, a statement is lodged under subsection (2), the Commission shall consider that statement and determine whether the political party should be de-registered for the reason set out in that notice.

            (6)  Where, under subsection (5), the Commission determines that a political party should be de-registered, it shall:

                     (a)  de-register the party;

                     (b)  give the person who was the last registered officer of the party written notice of the de-registration, setting out its reasons for rejecting the reasons set out in the statement lodged under subsection (2); and

                     (c)  publish a notice of the de-registration in the Gazette.

            (7)  Where, under subsection (5), the Commission determines that a political party should not be de-registered under this section, it shall give the registered officer of the party written notice of its determination.

138  De-registration

Where a political party is de-registered under section 135, 136 or 137, the Commission shall cause the particulars on the Register that relate to that party to be cancelled.

139  Inspection of Register

The Register shall be open for public inspection, without fee, during ordinary office hours at the principal office of the Commission in Canberra.

140  Service of documents

            (1)  Where the 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 de-registration;

                     (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 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 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:

Commission does not include a delegate of the Commission.

decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.

person includes a political party.

reviewable decision means a decision of the Commission, or of a delegate of the Commission:

                     (a)  to register a political party under this Part;

                     (b)  to refuse an application for the registration of a political party under this Part;

                     (c)  to grant an application under subsection 134(1);

                     (d)  to refuse an application under subsection 134(1); or

                     (e)  to de-register a political party under subsection 137(6).

            (2)  Where a delegate of the 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 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 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 shall, subject to subsection 23(1) of the Administrative Appeals Tribunal Act 1975, be constituted by 3 presidential members within the meaning of that Act who are Judges of the Federal Court of Australia.

            (7)  Where the 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 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 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 XIIIWrits for Elections

Do not delete : Division placeholder

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 [see Note 5]

            (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 in not less than 2 newspapers circulating generally in the State or Territory;

                     (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 in not less than 2 newspapers circulating generally in the State or Territory, as the case requires;

                     (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 shall be 7 days 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 11 days nor more than 28 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 22 days nor more than 30 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 XIVThe Nominations

Do not delete : Division placeholder

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 [see Note 6]

            (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

            (1)  Subject to subsections (1A) and (1B), a nomination may be in Form C, CA, CB, CC, D or DA in the Schedule, as the case requires, and shall:

                     (a)  set out the name, place of residence and occupation of the candidate or each candidate; and

                     (b)  be signed by:

                             (i)  not less than 6 persons entitled to vote at the election for which the candidate is, or the candidates are, nominated; or

                            (ii)  the registered officer of the registered political party by which the candidate has, or the candidates have, been endorsed for that election.

         (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.

         (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.

            (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; and

                     (c)  must deliver to the DRO for each Division for which a candidate has been so nominated, as soon as practicable after the Australian Electoral Officer advises the DRO as required under paragraph (b) but before polling day, the sum required to be deposited under section 170 in respect of that candidate.

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, having been granted a certificate of Australian citizenship or other means and provides:

                             (i)  in the case of citizenship by birth in Australia—the date and place of birth; or

                            (ii)  in the case of citizenship by reason of having been granted a certificate of Australian citizenship—the date on which the person became an Australian citizen; 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—$500; or

                     (b)  if a person is nominated as a member of the House of Representatives—$250;

in legal tender or in a banker’s cheque.

171  Form of consent to act

The consent of the person nominated to act if elected and the declaration referred to in paragraph 170(a)(ii) 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 subsection (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.

            (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) or (3), 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)  If the candidate was nominated under subsection 167(3) and 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 candidate, or to a person authorised in writing by the candidate.

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 therein.

175  Hour of nomination

The hour of nomination shall be 12 o’clock noon on the day of nomination.

176  Declaration of nominations

            (1)  Subject to subsection (3), in the case of a Senate election, the Australian Electoral Officer must, at the hour of nomination, attend at the place of nomination, 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 hour of nomination, attend at the place of nomination 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.

177  Withdrawal of consent to nomination

            (1)  A candidate may withdraw his or her consent to nomination at any time before the hour of nomination by lodging with the Australian Electoral Officer in the case of a Senate election, or with the Divisional Returning Officer for the Division in the case of a House of Representatives election, a notice of withdrawal, and thereupon the nomination shall be cancelled, and the deposit lodged shall be returned in accordance with subsection (2) or (3).

            (2)  If the candidate was nominated under subsection 167(3) and 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 candidate, or to a person authorised in writing by the candidate.

            (4)  The withdrawal of consent by a candidate who was one of a number nominated under subsection 167(3) does not affect the nomination of the other candidates so nominated.

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 candidate was nominated under subsection 167(3) and 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 who was one of a number nominated under subsection 167(3) dies before the nominations have been declared, that death does not affect the nomination of the other candidates so nominated.

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 XVPostal Voting

Do not delete : Division placeholder

182  Interpretation

In this Part:

appropriate DRO, in relation to an application or anything to be done by an elector, means the DRO for the Division for which the elector is enrolled.

Register, in relation to a Division, means the Register of General Postal Voters for the Division.

183  Grounds of application for postal vote

An elector may apply for a postal vote on any of the grounds set out in Schedule 2.

184  Application for postal vote

            (1)  An application shall be in writing in the approved form and shall:

                     (a)  contain a declaration by the applicant that he or she is an elector entitled to apply for a postal vote; and

                     (b)  be signed by the applicant in the presence of an authorised witness.

            (2)  An application made in Australia shall be made to a DRO.

            (3)  An application made outside Australia shall be made to an Assistant Returning Officer or a DRO.

            (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 shall be regarded as not having been made if it reaches the officer to whom it is directed after 6 p.m. on the day before polling day in the election.

            (6)  An elector shall not make a false statement:

                     (a)  in an application for a postal vote; or

                     (b)  in any declaration relating to such an application.

Penalty: $1,000 or imprisonment for 6 months, or both.

            (7)  A person shall not induce an elector to make a false statement:

                     (a)  in an application for a postal vote; or

                     (b)  in any declaration relating to such an application.

Penalty: $1,000 or imprisonment for 6 months, or both.

184A  Application for registration as general postal voter

            (1)  An elector may apply to the appropriate DRO for registration as a general postal voter.

            (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:

                             (i)  of any polling place; or

                            (ii)  of any place determined under paragraph 227(4)(a) to be a place that will be visited by mobile polling teams for the purposes of section 227;

                     (b)  the applicant:

                             (i)  is a patient at a hospital (other than a special hospital or 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.

            (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 shall not make a false statement:

                     (a)  in an application under this section; or

                     (b)  in any declaration relating to such an application.

Penalty: $1,000 or imprisonment for 6 months, or both.

            (6)  A person shall not induce an elector to make a false statement:

                     (a)  in an application under this section; or

                     (b)  in any declaration relating to such an application.

Penalty: $1,000 or imprisonment for 6 months, or both.

184B  Register of General Postal Voters

            (1)  The DRO for a Division shall keep a Register of General Postal Voters in respect of the Division.

            (2)  The Register shall be available at the office of the DRO during ordinary office hours for inspection, without fee, by members of the public.

185  Registration as general postal voter

            (1)  If the DRO to whom an application has been made is satisfied that the application has been made in accordance with section 184A, the DRO shall register the applicant as a general postal voter.

            (2)  Where:

                     (a)  a claim for enrolment or transfer of enrolment is made to the appropriate DRO;

                     (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;

the DRO shall register the claimant as a general postal voter.

            (3)  Where 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 matter shall be dealt with as follows:

                     (a)  when notified of the transfer of enrolment, the DRO for the original Division shall notify the DRO for the new Division that the elector was so registered;

                     (b)  the DRO for the original Division shall cancel the registration of the elector; and

                     (c)  except in the case of an elector whose address has been excluded from the Roll under section 104, the DRO for the new Division shall register the elector unless the DRO 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 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.

            (5)  A DRO who registers an elector as a general postal voter shall notify the elector in writing of the registration.

            (6)  A DRO who decides not to register an elector as a general postal voter shall notify the elector in writing of the decision and of the reasons for it.

185B  Review of Registers

The DRO for a Division shall, when so directed by the Electoral Commission, examine the Register for the Division and make such alterations to the Register 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 DRO for a Division may cancel the registration of an elector as a general postal voter for the Division if the DRO is satisfied that the ground on which the elector applied for registration no longer exists.

            (2)  The DRO shall give to the elector, personally or by post, written notice of the cancellation and of the elector’s right to request the DRO to refer the cancellation to the Australian Electoral Officer for the State for which the elector is enrolled for review under section 120.

186  Dispatch of postal voting papers to registered general postal voters

            (1)  As soon as a DRO for a Division receives ballot-papers for a Senate election or a House of Representatives election, or both, as the case may be, the DRO must send 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 addressed to the DRO; 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.

187  Duty of witness

            (1)  A person shall not witness the signature of another person (in this section called the elector) on an application for a postal vote unless:

                     (a)  the person is satisfied of the identity of the elector;

                     (b)  the person has seen the elector sign the application; and

                     (c)  either:

                             (i)  the person knows that the statements in the application are true; or

                            (ii)  the person is satisfied, on the basis of inquiries of the elector or otherwise, that the statements in the application are true.

Penalty: $500.

            (2)  The person who witnesses the signature of the elector to the application shall sign the application in his or her own handwriting and write on the application the date of signature.

188  Issue of certificate and ballot-papers

            (1)  A DRO or Assistant Returning Officer who receives an application, properly signed and witnessed, for a postal vote shall post to the applicant:

                     (a)  a postal vote certificate printed on an envelope addressed to the DRO for the Division for which the applicant declares that he or she is enrolled; 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.

            (2)  In spite of subsection (1), where the application is received after the last mail clearance at the nearest post office on the last Thursday before polling day, the DRO or Assistant Returning Officer shall not post to the applicant a postal vote certificate or ballot-paper.

189  Inspection of applications

            (1)  A DRO who issues a postal vote certificate and postal ballot-paper shall:

                     (a)  write on the application the date of issue of the certificate and ballot-paper; and

                     (b)  if the DRO is not the appropriate DRO, send the application to the appropriate DRO.

            (2)  An Assistant Returning Officer who issues a postal vote certificate and postal ballot-paper shall:

                     (a)  write on the application the date of issue of the certificate and ballot-paper; and

                     (b)  deal with the application in accordance with subsection 228(8).

            (3)  Subject to subsection (4), all applications for postal votes in relation to which a DRO is the appropriate DRO shall be open to public inspection at the office of the DRO during ordinary office hours from and including the third day after polling day until the election can no longer be questioned.

            (4)  Before a DRO makes applications for postal votes available for public inspection he or she must remove from the applications the address of any person whose address has been excluded from the Roll under section 104.

190  Numbering of applications and certificates

            (1)  A DRO or Assistant Returning Officer shall allocate a number to each application for a postal vote and shall number each postal vote certificate with a number corresponding to the number of the application.

            (2)  The DRO or Assistant Returning Officer who issues a ballot-paper shall initial the back of the paper.

192  Form of postal vote certificate

A postal vote certificate shall be in the approved form.

193  Authorised witnesses

            (1)  An elector whose name appears on a Roll is an authorised witness.

            (2)  Outside Australia, the following persons are authorised witnesses:

                     (a)  an officer of the Defence Force or of the naval, military or air forces of another part of the Queen’s dominions;

                     (b)  a member of the Australian Public Service;

                     (c)  a member of the civil or public service of a Territory or of another part of the Queen’s dominions;

                     (d)  a Justice of the Peace for a State or Territory or another part of the Queen’s dominions;

                     (e)  a minister of religion or medical practitioner resident in a State or Territory or another part of the Queen’s dominions;

                     (f)  an Australian citizen.

            (3)  A person who is a candidate at an election is not an authorised witness in relation to the casting of a postal vote in that election.

194  Postal voting

            (1)  The following requirements for postal voting shall be substantially observed:

                     (a)  the elector shall show the unsigned postal vote certificate and the unmarked postal ballot-paper to an authorised witness;

                     (b)  except in the case of an elector registered as a general postal voter on the ground set out in paragraph 184A(2)(e) or (f), the elector shall sign the postal vote certificate in the presence of the authorised witness;

                     (c)  the authorised witness shall sign the certificate as witness, adding the date and an indication of the capacity in which the witness acts;

                     (d)  the elector shall then, in the presence of the authorised witness but so that the witness cannot see the vote, mark his or her vote on the ballot-paper, fold the ballot-paper, place it in the envelope addressed to the appropriate DRO and fasten the envelope;

                     (e)  the elector shall post or deliver the envelope to the appropriate DRO;

                     (f)  if the elector cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector, complete the postal vote certificate and do for the elector any act required by paragraph (d) or (e);

                     (g)  directions under paragraph (f) may be given by reference to a how-to-vote card.

            (2)  In spite of paragraph (1)(e), where:

                     (a)  a ballot-paper, if posted before the close of the poll, would be unlikely to reach the appropriate DRO within 13 days after polling day; or

                     (b)  a ballot-paper, if it were to be delivered to the appropriate DRO, would be unlikely to reach the DRO before the close of the poll;

the envelope containing the ballot-paper may:

                     (c)  before the close of the poll be addressed to, and posted or delivered to, any other DRO or to an Assistant Returning Officer at a place outside Australia;

                     (d)  be handed to a pre-poll voting officer; or

                     (e)  be delivered, on polling day and before the close of the poll, to any presiding officer.

            (3)  A DRO, Assistant Returning Officer, presiding officer or pre-poll voting officer to whom an envelope containing a ballot-paper is posted or delivered under subsection (2) shall deal with the envelope and ballot-paper according to sections 195A and 228.

195  Duty of authorised witnesses etc.

Except at the request of the elector, a person shall not:

                     (a)  interfere with an elector in relation to the marking of a postal ballot-paper; or

                     (b)  do anything that would enable the person or any other person to find out how an elector marked a postal ballot-paper.

Penalty: $1,000.

195A  Procedure for dealing with postal vote certificates etc.

            (1)  In this section, officer means:

                     (a)  a pre-poll voting officer;

                     (b)  a presiding officer; or

                     (c)  an Assistant Returning Officer at a place outside Australia.

            (2)  Where:

                     (a)  a DRO receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper issued in respect of a Division other than the Division for which the DRO is appointed; or

                     (b)  an officer receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper;

the DRO or officer shall:

                     (c)  endorse on the envelope “Received by me” and the date and time of receipt;

                     (d)  sign the endorsement, adding the words “Divisional Returning Officer”, “Pre-poll Voting Officer”, “Presiding Officer” or “Assistant Returning Officer”, as the case may be;

                     (e)  make a record of the name of the voter and the name of the Division as shown in the postal vote certificate;

                     (f)  deal with the envelope in accordance with section 228; and

                     (g)  until the envelope is so dealt with, keep the envelope in a ballot-box.

196  Opening of postal ballot-paper

A person other than:

                     (a)  the DRO for the Division in respect of which a postal ballot-paper has been issued; or

                     (b)  an officer acting at the direction of the DRO;

shall not open an envelope that purports to contain a postal ballot-paper on which a vote has been recorded.

Penalty: $500.

197   Failure to post or deliver postal vote application etc.

A person to whom an elector entrusts:

                     (a)  an application for a postal vote; or

                     (b)  an envelope apparently containing a postal ballot-paper;

for posting or delivery to an officer shall post or deliver the application or envelope, as the case may be, as soon as practicable.

Penalty: $1,000.

198  Inducing elector to hand over marked ballot-paper

A person shall not induce an elector to hand over to the person a postal ballot-paper on which a vote has been recorded.

Penalty: $1,000.

199  Correction of formal errors

If an officer who receives:

                     (a)  an application for a postal vote; or

                     (b)  a postal vote certificate;

is satisfied that the application or certificate contains a formal error, the officer may amend the application or certificate to correct the error.

200  Mistakes

            (1)  A postal vote shall not be rejected because only the surname of a candidate has been written on the ballot-paper if no other candidate has the same surname.

            (2)  A postal vote shall not be rejected because of a mistake in spelling if the elector’s intention is clear.

Part XVAPre-Poll Voting

200A  Grounds of application for pre-poll vote

An elector may apply for a pre-poll vote on any of the grounds set out in Schedule 2.

200B  Pre-poll voting officers

The Electoral Commission may appoint a person to be a pre-poll voting officer for the purposes of this Act.

200C  Application for pre-poll vote

            (1)  An application for a pre-poll vote may be made to:

                     (a)  any Divisional Returning Officer;

                     (b)  any pre-poll voting officer; or

                     (c)  an Assistant Returning Officer at a place outside Australia.

            (2)  The application must be made by the elector in person.

            (3)  The elector making the application shall inform the officer to whom the application is made of:

                     (a)  the Division for which the elector is enrolled; and

                     (b)  any matters prescribed by the regulations.

200D  Place and time of application

            (1)  An application to a DRO shall be made at the office of the DRO during ordinary office hours or during the hours of polling on polling day.

            (2)  An application to a pre-poll voting officer shall be made:

                     (a)  at a place declared by the Electoral Commission, by notice published in the Gazette, to be a pre-poll voting office; and

                     (b)  on a day, and during the hours, fixed by the Electoral Commission, by notice published in the Gazette, for such applications.

            (3)  An application to an Assistant Returning Officer shall be made:

                     (a)  at the office of the Assistant Returning Officer; and

                     (b)  during ordinary office hours or during such other hours as the Assistant Returning Officer fixes.

            (4)  An application that relates to:

                     (a)  a Senate election; or

                     (b)  a Senate election and a House of Representatives election to be held on the same day;

cannot be made earlier than the second day after the day on which nominations for the Senate election close.

            (5)  An application that relates to a House of Representatives election that is not to be held on the same day as a Senate election cannot be made earlier than the day after the day on which nominations for the election close.

            (6)  An elector may not make an application after the close of the poll in the State or Territory in which the elector is making the application.

200E   Pre-poll voting

            (1)  The officer to whom an application for a pre-poll vote is made (in this section called the issuing officer) shall issue to the elector:

                     (a)  a pre-poll vote certificate; and

                     (b)  one ballot-paper for a Senate election or one ballot-paper for a House of Representatives election, or both, as the case requires.

            (2)  Before issuing the ballot-paper, the officer shall initial the back of the paper.

            (3)  The elector shall sign the pre-poll vote certificate in the presence of the issuing officer.

            (4)  The issuing officer shall then sign the pre-poll vote certificate as witness, adding the date.

            (5)  The elector shall then, in the presence of the issuing officer but so that the officer cannot see the vote, mark his or her vote on the ballot-paper, fold the ballot-paper and return it to the issuing officer.

            (6)  The issuing officer shall immediately place the ballot-paper in the envelope bearing the pre-poll vote certificate, fasten the envelope and, until the envelope is dealt with under section 228, keep the envelope in a ballot-box.

            (7)  If the elector satisfies the officer that the elector cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector, do any of the following acts:

                     (a)  fill in the pre-poll vote certificate with the required particulars;

                     (b)  read the certificate to the voter;

                     (c)  complete the certificate;

                     (d)  mark the elector’s vote on the ballot-paper;

                     (e)  fold the ballot-paper and return it to the officer.

            (8)  Directions under subsection (7) may be given by reference to a how-to-vote card.

            (9)  An elector to whom a pre-poll vote certificate and ballot-paper have been issued is not entitled:

                     (a)  to vote at a polling booth; or

                     (b)  to remove the certificate or ballot-paper from the office of the officer who issued it.

200F  Form of pre-poll vote certificate

A pre-poll vote certificate shall:

                     (a)  be in the approved form;

                     (b)  carry a distinguishing number that is the same as the number allocated to the record of the application for the certificate; and

                     (c)  be printed on an envelope addressed to the DRO for the Division for which the elector declares that he or she is enrolled.

200G  Record of issue of pre-poll voting papers

            (1)  Where the DRO for a Division issues a pre-poll vote certificate and ballot-paper to a person enrolled for the Division, the DRO shall make a record of the date of issue of the certificate and ballot-paper and the name of the person and shall allocate a number to the record.

            (2)  Where:

                     (a)  any other DRO;

                     (b)  a pre-poll voting officer; or

                     (c)  an Assistant Returning Officer at a place outside Australia;

issues a pre-poll vote certificate and ballot-paper, he or she shall:

                     (d)  make a record of the date of issue of the certificate and ballot-paper, the name of the person to whom the certificate and ballot-paper were issued and the name of the Division for which the person is enrolled and shall allocate a number to the record; and

                     (e)  deal with the record of the issue of the certificate and ballot-paper in accordance with section 228.

            (3)  Records made by a DRO under subsection (1) and records forwarded to the DRO under section 228 shall be open to public inspection at the office of the DRO during ordinary office hours from and including the third day after polling day until the election can no longer be questioned.

200J  Opening of pre-poll voting envelope

A person other than:

                     (a)  the DRO for the Division in respect of which a pre-poll vote ballot-paper has been issued; or

                     (b)  an officer acting at the direction of the DRO;

shall not open an envelope containing a ballot-paper given to an officer under subsection 200E(5) or (7).

Penalty: $500.

200K  Obligations of persons present when pre-poll vote cast

A person who is present when an elector signs a pre-poll vote certificate or marks a ballot-paper in the presence of an officer:

                     (a)  shall obey all directions of the officer; and

                     (b)  except at the request of the elector:

                             (i)  shall not make any communication to the elector in relation to the elector’s vote;

                            (ii)  shall not assist the elector or in any way interfere with the elector in relation to the elector’s vote; and

                          (iii)  shall not do anything that would enable the person to find out how the elector marked the ballot-paper.

Penalty: $1,000.

201  Correction of formal errors

If an officer who receives a pre-poll vote certificate under subsection 200E(5) is satisfied that the certificate contains a formal error, the officer may amend the certificate to correct the error.

202  Mistakes

            (1)  A pre-poll vote shall not be rejected because only the surname of a candidate has been written on the ballot-paper if no other candidate has the same surname.

            (2)  A pre-poll vote shall not be rejected because of a mistake in spelling if the elector’s intention is clear.

Part XVIThe Polling

202A  Undertaking by officers and scrutineers

            (1)  An officer to whom this subsection applies shall not begin the performance of his or her duties in relation to an election unless the officer has signed an undertaking in the approved form relating to that election.

            (2)  Subsection (1) applies to the following officers:

                     (a)  a Divisional Returning Officer;

                     (b)  an Assistant Returning Officer;

                     (c)  an Assistant Divisional Returning Officer;

                     (d)  a presiding officer;

                     (e)  a deputy presiding officer;

                     (f)  an assistant presiding officer;

                     (g)  a substitute presiding officer;

                     (h)  an Antarctic Returning Officer;

                     (j)  an Assistant Antarctic Returning Officer;

                     (k)  an electoral visitor;

                   (m)  a mobile polling team leader;

                     (n)  a mobile polling team member;

                    (o)  a pre-poll voting officer.

            (3)  A scrutineer shall not begin the performance of his or her duties unless the scrutineer has signed an undertaking in the approved form.

            (4)  A person employed by the Electoral Commission to perform duties in connection with the conduct of an election or a referendum held on the same day as an election, shall not begin the performance of his or her duties unless the person has signed an undertaking in the approved form.

            (5)  The failure of a person to sign an undertaking is not a ground for setting aside the result of an election or referendum.

203  Arrangements for polling

            (1)  If the proceedings on the day of nomination stand adjourned to polling day, the Divisional Returning Officer shall immediately make all necessary arrangements for taking the poll, and in particular shall:

                     (a)  provide and furnish proper polling booths and ballot-boxes; and

                     (b)  provide ballot-papers and all necessary certified lists of voters.

            (2)  If the proceedings on the day of nomination stand adjourned to polling day, the Electoral Commission, in pursuance of its powers under section 35, shall immediately appoint a presiding officer to preside at each polling place and all necessary deputy presiding officers and assistant presiding officers.

            (3)  In any emergency on polling day due to the absence of any deputy presiding officer or assistant presiding officer, or to any unforeseen and continued pressure at the polling which cannot be met by the duly appointed officers, the presiding officer may appoint any person to act as deputy presiding officer or assistant presiding officer, and the person so appointed or acting shall be deemed to have been duly appointed if the Electoral Commission afterwards ratifies the appointment by appointing that person to be deputy presiding officer or assistant presiding officer, as the case may be.

            (4)  No person under the age of 18 years shall be appointed to be a presiding officer, deputy presiding officer or assistant presiding officer.

            (5)  Any deputy presiding officer or assistant presiding officer may, subject to the direction of the presiding officer, exercise all or any of the powers of the presiding officer, and shall, in respect of the exercise of those powers, be deemed to be the presiding officer.

            (7)  The polling booths and ballot-boxes provided for the purposes of an election may be used for the purposes of any other election, or of a referendum, held on the same day, but the ballot-papers for each election and the referendum shall be distinctively coloured.

204  Substitute

Any presiding officer may appoint a substitute to perform the duties of the presiding officer during his or her temporary absence, and such substitute may, while so acting, exercise all the powers of the presiding officer, and shall, in the exercise of those powers, be deemed to be the presiding officer.

205  Use of licensed premises as polling booth

Premises licensed for the sale of intoxicating liquor may be used for the purpose of a polling booth if, and only if, the Electoral Commissioner declares, in writing, that he or she is satisfied that, during the hours of polling on polling day:

                     (a)  intoxicating liquor will not be available for sale or consumption on the part of the premises proposed for use for the purpose of a polling booth; and

                     (b)  the part of the premises proposed for use for the purpose of a polling booth will be segregated from the part of the premises where intoxicating liquor will be available for sale or consumption; and

                     (c)  access to the part of the premises proposed for use for the purpose of a polling booth will not involve passing through the part of the premises where intoxicating liquor will be available for sale or consumption.

206  Separate voting compartments

Polling booths shall have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot-papers, and each voting compartment shall be furnished with a pencil for the use of voters.

207  Ballot-boxes

            (1)  Each polling booth shall be provided with the necessary ballot-boxes.

            (2)  Each ballot-box shall be capable of being securely fastened.

208  Certified lists of voters

The certified list of voters to be used by a presiding officer at a polling place shall be the list of the electors (including persons whose names have been added to the Roll in pursuance of a claim made under section 100 and who will have attained 18 years of age on the date fixed for the polling) on the roll enrolled for the Division that includes the Subdivision for which the polling place is appointed certified by the Electoral Commissioner, and shall before the hour of commencing the poll be delivered to the presiding officer.

209  Ballot-papers

            (1)  Ballot-papers to be used in a Senate election shall be in Form E in Schedule 1.

            (2)  Ballot-papers to be used in a House of Representatives election shall be in Form F in Schedule 1.

            (3)  Ballot-papers shall be printed on green paper for House of Representatives elections and on white paper for Senate elections and shall use black type face of a kind ordinarily used in Commonwealth Government publications.

            (5)  The ballot-papers to be used for postal voting shall have the words “Postal Ballot-paper” as a heading and shall contain the following directions:

“Fold the ballot-paper, place it in the envelope addressed to the Divisional Returning Officer and fasten the envelope.”.

            (6)  Before issuing a ballot-paper for a Senate election, an officer shall, if the particulars are not already printed on the ballot-paper, write on the ballot-paper:

                     (a)  the name of the State or Territory in which the election is to be held;

                     (b)  the number of candidates to be elected;

                     (c)  the numbers required to complete the Directions on the ballot-paper;

                     (d)  the full names of all candidates arranged in the same way as would be required if the names were being printed on the ballot-paper; and

                     (e)  the information that would be required by section 214 to be printed on the ballot-paper if the ballot-paper were being printed.

            (7)  Before issuing a ballot-paper for a House of Representatives election, an officer shall, if the particulars are not already printed on the ballot-paper, write on the ballot-paper:

                     (a)  the name of the State or Territory, and the name of the Division, in which the election is to be held;

                     (b)  the numbers required to complete the Directions on the ballot-paper;

                     (c)  the full names of all candidates for the Division in the same order as would be required if the ballot-paper were being printed; and

                     (d)  the information that would be required by section 214 to be printed on the ballot-paper if the ballot-paper were being printed.

            (8)  Before issuing a ballot-paper that is to be used for postal voting, a DRO or Assistant Returning Officer shall ensure that the words and directions required by subsection (5) are printed or written on the ballot-paper.

209A  Official mark

The official mark for the authentication of ballot-papers is a water mark consisting of a representation of a shield having within it the letters “CA” intertwined.

210  Printing of Senate ballot-papers

            (1)  In printing the ballot-papers to be used in a Senate election:

                     (a)  the names of candidates by whom requests have been made under section 168 shall be printed in groups on the ballot-papers in accordance with the requests and before the names of candidates who have not made such requests;

                     (b)  the order of the names of the candidates, who have only made a request under paragraph 168(1)(a), must be determined by the Australian Electoral Officer in accordance with section 213;

                     (c)  the order of the several groups in the ballot-papers shall be determined by the Australian Electoral Officer in accordance with section 213;

                     (d)  the order of the names of the candidates whose names are not included in any group shall be determined by the Australian Electoral Officer in accordance with section 213;

                     (e)  where similarity in the names of 2 or more candidates is likely to cause confusion the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and

                     (f)  except as otherwise provided by the regulations, a square shall be printed opposite the name of each candidate.

            (2)  Where a candidate in a Senate election has given notice of intention to lodge a statement under section 211A, subsection (1) applies, and the Australian Electoral Officer shall make the determinations required by that subsection, as if the candidate were a group of candidates who had made a request under section 168.

            (3)  The names of candidates not included in a group shall be printed on the ballot-papers according to the following rules:

                     (a)  unless paragraph (b) applies, the names of the candidates must be printed in a single column;

                     (b)  if a single column would be longer than the longest column containing the names of candidates included in groups, the names of the candidates may be printed in 2 or more columns;

                     (c)  if the names of the candidates are printed in 2 or more columns, none of the columns may be longer than the longest column containing the names of candidates included in groups.

210A  Form of party name on ballot-papers

            (1)  In this section, registered abbreviation, in relation to the name of a registered political party, means the abbreviation (if any) of the name of the party entered in the Register of Political Parties.

            (2)  Subject to subsection (3), where a provision of this Part requires the name of a registered political party to be printed on ballot-papers for use in an election, the name to be so printed is the name of the party entered in the Register of Political Parties.

            (3)  Where, under section 169, the registered officer of a registered political party has requested that 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, a provision referred to in subsection (2) applies as if a reference to the name of a registered political party were a reference to the registered abbreviation of that name.

            (4)  The names of registered political parties, or abbreviations of such names, printed adjacent to the names of candidates on ballot-papers for use in an election shall be printed in capital letters in type that is uniform in size and style for all the names of those parties or abbreviations of those names.

            (5)  The names of registered political parties, or abbreviations of such names, printed adjacent to squares printed, in accordance with subsection 211(5), on ballot-papers for use in an election shall be printed in capital letters in type that is uniform in size and style for all names and abbreviations so printed.

211  Group voting tickets

            (1)  Where the names of candidates nominated in a Senate election are included in a group in accordance with a request under section 168, the candidates may, after the determinations in relation to the election required by section 210 have been made and before the expiration of 24 hours after the closing of nominations for the election, lodge with the Australian Electoral Officer a written statement that they wish voters in the election to indicate their preferences in relation to all the candidates in the election in an order specified in the statement, being an order that gives preferences to the candidates lodging the statement before any other candidate.

            (2)  Where candidates nominated for election to the Senate may lodge a statement referred to in subsection (1), they may, in lieu of lodging that statement, lodge a written statement that they wish voters in the election to indicate their preferences in relation to all the candidates in the election in either of 2 orders, or any of 3 orders, specified in the statement, being orders that:

                     (a)  give preferences to the candidates lodging the statement before any other candidate; and

                     (b)  give the preferences to the candidates lodging the statement in the same order.

            (3)  Without limiting the generality of subsection (1) or (2), a statement for the purposes of either of those subsections may specify an order of preferences by setting out the names of all the candidates in the election in the groups, and in the order, in which they would be set out in a ballot-paper with squares opposite to each name and with a number in each square showing that order of preferences.

            (4)  Where a group of candidates in a Senate election lodges a statement in accordance with subsection (1) or (2) in relation to the election, that group of candidates shall be taken to have a group voting ticket, or 2 or 3 group voting tickets, as the case requires, registered for the purposes of the election, being the order of preferences, or the orders of preferences, given in that statement, as the case may be.

            (5)  Where a group of candidates in a Senate election has a group voting ticket, or 2 or 3 group voting tickets, registered for the purposes of that election, a square shall be printed on the ballot-papers for use in the election above the names of those candidates.

            (6)  A statement under subsection (1) or (2) may be signed:

                     (a)  where all the members of the group have been endorsed by the same registered political party, by the registered officer of the party;

                     (b)  where the members of the group have been endorsed by different registered political parties, by the registered officers of all those parties;

                     (c)  in a case to which neither paragraph (a) nor paragraph (b) applies, by the candidate whose name first appears in the group on the ballot-paper; or

                     (d)  in any case, by a person authorised by all the members of the group, by written instrument given to the Australian Electoral Officer with the nomination or nominations of members of the group, to sign such a statement on behalf of the group.

            (7)  A group that lodges a statement under subsection (2) shall indicate in the statement the order in which the voting tickets of the group are to be displayed in the poster prepared for the purposes of subsection 216(1).

211A  Individual voting tickets

            (1)  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 has not joined in a request under section 168 in relation to the election;

the candidate may lodge with the Australian Electoral Officer a written statement that the candidate wishes voters in the election to indicate their preferences in relation to all the candidates in the election in an order specified in the statement, being an order that gives preference to the candidate lodging the statement before any other candidate.

            (2)  A candidate who is entitled to lodge a statement under subsection (1) may, instead of lodging that statement, lodge a written statement that the candidate wishes voters in the election to indicate their preferences in relation to all the candidates in the election in either of 2 orders, or any of 3 orders, specified in the statement, being orders that give preference to the candidate lodging the statement before any other candidate.

            (3)  A statement under subsection (1) or (2) shall:

                     (a)  be signed by the candidate; and

                     (b)  be lodged with the Australian Electoral Officer for the State or Territory in which the election to which the statement relates is to be held.

            (4)  A statement under subsection (1) or (2) shall be lodged after the determinations in relation to the election required by section 210 have been made and before the expiration of 24 hours after the closing of nominations for the election.

            (5)  A candidate is not entitled to lodge a statement under subsection (1) or (2) unless there was lodged with the nomination of the candidate written notice by the candidate that the candidate proposed to lodge a statement under this section.

            (6)  Where a candidate in a Senate election has lodged a statement under subsection (1) or (2), a square shall be printed on the ballot-papers for use in the election above the name of the candidate.

            (7)  Where:

                     (a)  a candidate has lodged a statement under subsection (1) or (2); and

                     (b)  subsection 214(1) requires that the name of a registered political party be printed adjacent to the name of the candidate on the ballot-papers;

the name of that party shall also be printed on the ballot-papers adjacent to the square printed on the ballot-papers in relation to that candidate in accordance with subsection (6).

            (8)  Where:

                     (a)  a candidate has lodged a statement under subsection (1) or (2); and

                     (b)  subsection 214(3) requires that the word “Independent” be printed adjacent to the name of the candidate on ballot-papers;

the word “Independent” and the name of the candidate must also be printed on the ballot-papers adjacent to the square printed on the ballot-papers in accordance with subsection (6).

            (9)  Without limiting the generality of subsection (1) or (2), a statement for the purposes of either of those subsections may specify an order of preferences by setting out the names of all the candidates in the election in the groups, and in the order, in which they would be set out in a ballot-paper with squares opposite to each name and with a number in each square showing that order of preferences.

          (10)  Where a candidate has lodged a statement under subsection (1) or (2), section 216 applies as if the candidate were a group that had a group voting ticket, or 2 or 3 group voting tickets, as the case requires, registered for the purposes of the election, being the order of preferences, or the orders of preferences, given in that statement, as the case may be, and as if the statement had been lodged under section 211.

          (11)  A candidate who lodges a statement under subsection (2) shall indicate in the statement the order in which the voting tickets of the candidate are to be displayed in the poster prepared for the purposes of subsection 216(1).

212  Ballot-papers for House of Representatives elections

In printing the ballot-papers to be used in a House of Representatives election:

                     (a)  the order of the names of the candidates in the ballot-papers shall be determined by the Divisional Returning Officer in accordance with section 213;

                     (b)  where similarity in the names of 2 or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and

                     (c)  except as otherwise provided by the regulations, a square shall be printed opposite the name of each candidate.

213  Determination of order of names

            (1)  Where under section 210 or 212 a person is required to determine in accordance with this section the order of the names of candidates or of groups in ballot-papers to be used in an election:

                     (a)  the person shall, immediately after the close of nominations for the election, at the place of nomination and before all persons present at that place:

                             (i)  prepare a list of the names or groups, as the case may be, in such order as the person considers appropriate;

                            (ii)  read out that list;

                          (iii)  place a number of balls equal to the number of candidates or groups, as the case may be, being balls of equal size and weight and each of which is marked with a different number, in a spherical container large enough to allow all the balls in it to move about freely when it is rotated;

                           (iv)  rotate the container and permit any other person present who wishes to do so to rotate the container;

                            (v)  cause a person who is blindfolded and has been blindfolded since before the rotation of the container in accordance with subparagraph (iv) to take the balls, or cause the balls to come, out of the container one by one and, as each ball is taken or comes out, to pass it to another person who shall call out the number on the ball;

                           (vi)  as each number is called out in accordance with subparagraph (v), write the number opposite to a name or group, as the case may be, in the list prepared in accordance with subparagraph (i) so that the number called out first is opposite to the first name or group, as the case may be, in the list and the subsequent order of the numbers in the list is the order in which they are called out;

                          (vii)  place all the balls back in the container;

                         (viii)  rotate the container and permit any other person present who wishes to do so to rotate the container;

                           (ix)  cause a person who is blindfolded and has been blindfolded since before the rotation of the container in accordance with subparagraph (viii) to take the balls, or cause the balls to come, out of the container one by one and, as each ball is taken or comes out, to pass it to another person who shall call out the number on the ball;

                            (x)  prepare a list of the numbers called out in accordance with subparagraph (ix) set out in the order in which they were called out in accordance with subparagraph (ix); and

                           (xi)  write on the list prepared in accordance with subparagraph (x) opposite to each number the name or group, as the case may be, set out opposite to that number in the list prepared in accordance with subparagraph (i); and

                     (b)  the order in which the names or groups, as the case may be, are set out in the list prepared in accordance with subparagraph (a)(x) is the order of the names or groups, as the case may be, determined by the person under this section.

            (2)  Where under subsection (1) a person is required to set out a group in a list, it is sufficient compliance with that requirement if such description of the group, by reference to the name of the first candidate in it or to the party or parties to which the candidates in the group belong or otherwise, as the person considers to be appropriate, is so set out.

            (3)  A reference in subparagraph (1)(a)(v) or (ix) to a person is a reference to a person employed by the Commonwealth or a State or by an authority of the Commonwealth or a State.

            (4)  The requirement of subparagraph (1)(a)(v) or (ix) that a person be blindfolded need not be observed if the container being used is an approved container.

            (5)  An approved container is a container in respect of which the Electoral Commissioner has certified in writing that the container is so constructed that when it is rotated no control can be exercised over the order in which balls come out of the container.

214  Printing of political party names etc. on ballot-papers

            (1)  Where a person:

                     (a)  has been endorsed as a candidate in an election by a registered political party; and

                     (b)  a request has been made in respect of the candidate under section 169;

the name of that party shall be printed adjacent to the name of the candidate on ballot-papers for use in the election.

            (2)  Where:

                     (a)  2 or more persons have been endorsed as candidates in a Senate election by a registered political party; and

                     (b)  a request has been made in respect of the candidates under section 168;

the following requirements shall be observed in the printing of the ballot-papers for use in the election:

                     (c)  the registered name of the party by which each candidate was endorsed shall be printed adjacent to the name of that candidate on the ballot-papers;

                     (d)  where all the candidates were endorsed by the same party and a square is printed, in accordance with subsection 211(5), on the ballot-papers in relation to the candidates, the registered name of that party shall be printed on the ballot-papers adjacent to that square;

                     (e)  where the request under section 169 included a request that a composite name be printed adjacent to the square printed, in accordance with subsection 211(5), on the ballot-papers in relation to the candidates, that composite name shall be printed on the ballot-papers adjacent to that square.

            (3)  Where a candidate in an election has made a request under section 169A, the word “Independent” shall be printed adjacent to the name of the candidate on the ballot-papers.

215  Ballot-papers to be initialled

            (1)  No ballot-paper shall be delivered to any voter without being first initialled on the back by the proper officer, and an exact account shall be kept of all initialled ballot-papers.

216  Group voting tickets to be displayed

            (1)  Where a group voting ticket is, or group voting tickets are, registered for the purposes of a Senate election, the Australian Electoral Officer shall cause a poster showing the ticket, or all the tickets, to be prominently displayed at each polling booth.

            (2)  A poster for the purpose of subsection (1) shall be so prepared that:

                     (a)  voting tickets are displayed in vertical columns;

                     (b)  the tickets are displayed in the columns in the same order from the top of each column as the order on the ballot-papers of the groups by which the tickets were lodged; and

                     (c)  tickets lodged by the same group are displayed in the same column.

            (3)  Where a group has more than one group voting ticket, the tickets relating to that group shall be displayed in the order indicated in the statement lodged by the group under subsection 211(2).

217  Scrutineers at the polling

            (1)  Scrutineers may be appointed by candidates to represent them at polling places during the polling, but so that not more than one scrutineer shall be allowed to each candidate at each polling booth or issuing point at a polling booth.

            (2)  Appointments of scrutineers shall be made by notice in writing or by telegram addressed to the Returning Officer or presiding officer, and such notice or telegram shall be signed by the candidate, and shall give the name and address of the scrutineer.

218  Provisions relating to scrutineers

            (1)  A scrutineer shall not:

                     (a)  interfere with or attempt to influence any elector within the polling booth; or

                     (b)  communicate with any person in the polling booth except so far as is necessary in the discharge of the scrutineer’s functions.

Penalty: $1,000 or imprisonment for 6 months, or both.

            (2)  A scrutineer shall not be prevented from entering or leaving a polling booth during the polling, and, during the absence of the scrutineer, a relieving scrutineer may act, but so that only one scrutineer for each candidate shall be entitled to be present in the polling booth or at an issuing point at the polling booth at any one time.

         (2A)  A person who is in a polling booth in the capacity of a scrutineer shall wear a badge, supplied by the Electoral Commission, that identifies the person as a scrutineer.

            (3)  A scrutineer who commits any breach of this section, or who is guilty of misconduct, or who fails to obey the lawful directions of the presiding officer, may be removed from the polling booth by any member of the Australian Federal Police or of the police force of a State or Territory or person authorized by the presiding officer to remove the scrutineer.

219  Participation by candidates in conduct of election

A candidate shall not in any way take part in the conduct of an election.

220  The polling

The polling shall be conducted as follows:

                     (a)  Before any vote is taken the presiding officer shall exhibit the ballot-box empty, and shall then securely fasten its cover;

                     (b)  The poll shall open at 8 o’clock in the morning, and shall not close until all electors present in the polling booth at 6 o’clock in the afternoon, and desiring to vote, have voted;

                     (c)  The doors of the polling booth shall be closed at 6 o’clock in the afternoon and no person shall be admitted after that hour to the polling booth for the purpose of voting;

                     (d)  At the close of the poll the presiding officer shall, in the presence of the polling officials and scrutineers who are in attendance in the booth, publicly close, fasten, seal, and take charge of the ballot-box, and with the least possible delay forward it for the purposes of scrutiny, and it shall on no account be opened except as allowed by this Act:

                   Provided that, where the scrutiny is proceeded with immediately after the close of the poll at the polling booth at which the votes are taken, it shall not be necessary for the presiding officer to publicly close, fasten, or seal the ballot-box as required by paragraph (d).

221  Elections at which electors entitled to vote

            (1)  In the case of a Senate election, an elector shall only be admitted to vote for the election of Senators for the State or Territory for which he or she is enrolled.

            (2)  In the case of a House of Representatives election, an elector shall only be admitted to vote for the election of a member for the Division for which he or she is enrolled.

            (3)  For the purposes of this section, the electoral Rolls in force at the time of the election shall be conclusive evidence of the right of each person enrolled thereon (other than a person whose name has been placed on a Roll in pursuance of a claim made under section 100 and who will not have attained 18 years of age on the date fixed for the polling in the election) to vote as an elector, unless a person shows by his or her answers to the questions prescribed by section 229 that he or she is not entitled to vote.

222  Where electors may vote

            (1)  On polling day an elector is entitled to vote at any polling place for the Division for which he or she is enrolled or to vote as an absent voter, on making a declaration in an approved form, at any other polling place within the State or Territory for which he or she is enrolled at which a polling booth is open.

            (2)  Notwithstanding subsection (1), where a hospital is a polling place, an elector is not entitled to vote at that polling place otherwise than under section 224 unless an appropriate person on the staff of the hospital has agreed to permit electors generally to vote at that polling place or unless the elector:

                     (a)  is attending the hospital as a patient or as a genuine visitor of a patient; or

                     (b)  performs functions or duties in the hospital.

            (3)  A declaration made by an absent voter under subsection (1) shall be printed on, or securely attached to, an envelope addressed to the Divisional Returning Officer for the Division for which the elector declares that he or she is enrolled.

            (4)  Nothing in this section shall authorize any elector to vote more than once at any election.

223  Interpretation

In sections 224, 225 and 226, patient, in relation to a hospital, does not include a person attending the hospital as an out-patient.

224  Mobile booths—hospitals that are polling places

            (1)  In this section, hospital means a hospital that is a polling place.

            (2)  Where:

                     (a)  a patient in a hospital is:

                             (i)  in the case of a by-election—entitled to vote in that election; or

                            (ii)  in any other case—an elector for the State or Territory in which the hospital is situated; and

                     (b)  the patient wishes to vote at the hospital;

the presiding officer shall visit the patient for the purpose of taking the patient’s vote.

            (3)  When visiting the patient, the presiding officer shall:

                     (a)  take to the patient a ballot-box, a ballot-paper, and anything else necessary to enable the patient to vote; and

                     (b)  be accompanied by a polling official and such scrutineers (if any) as wish to attend.

            (4)  The visit to the patient shall be made between 8 a.m. and 6 p.m. on polling day or a day to which polling is adjourned.

            (5)  While the presiding officer is in the same room, ward or other place as the patient, this Act applies in relation to the taking of the vote of the patient as if the room, ward or place were part of a polling booth at a polling place.

            (6)  A polling booth at a hospital shall be attended by a polling official at all times when the presiding officer is absent from the booth for the purpose of visiting a patient.

225  Mobile booths—other hospitals

            (1)  The Electoral Commission may, by notice published in the Gazette, declare the whole or a specified part of a hospital, not being a hospital that is a polling place, to be a special hospital for the purposes of taking votes under this section in a specified election.

            (2)  The Electoral Commission may appoint electoral visitors for the purposes of this section in relation to a specified election.

            (3)  Where:

                     (a)  a patient at a special hospital wishes to vote at the hospital; and

                     (b)  the patient is:

                             (i)  in the case of a by-election—entitled to vote in that election; or

                            (ii)  in any other case—an elector for the State or Territory in which the hospital is situated;

an electoral visitor shall visit the patient for the purpose of taking the patient’s vote.

            (4)  When visiting the patient, the electoral visitor shall:

                     (a)  take to the patient a ballot-box, a ballot-paper, and anything else necessary to enable the patient to vote; and

                     (b)  be accompanied by a polling official and such scrutineers (if any) as wish to attend.

         (4A)  While the electoral visitor is in the same room, ward or other place as the patient, this Act applies in relation to the taking of the patient’s vote as if the room, ward or other place were part of a polling booth at a polling place.

            (5)  A visit or visits to a special hospital shall be made at such time or times between 8 o’clock in the morning and 6 o’clock in the afternoon, and on such day or days, being any of the 5 days preceding polling day, polling day, or a day to which the polling is adjourned, as are determined by the Electoral Commission in relation to the special hospital.

            (6)  At any time when an electoral visitor is visiting a special hospital for the purposes of this section, the special hospital shall, for purposes of, and in connection with, the taking of votes under this section, be deemed to be a polling booth at a polling place and the electoral visitor shall, for those purposes, be deemed to be the presiding officer at that booth.

            (7)  Paragraph 220(a) does not apply to an electoral visitor after the first visit made by the visitor for the purposes of this section.

            (8)  At the end of the last visit made by an electoral visitor for the purposes of this section, the visitor shall, in the presence of a polling official and any scrutineers who may be in attendance, publicly close, fasten, seal and take charge of each ballot-box used by the visitor for the purposes of this section and, with the least possible delay, forward it for the purposes of scrutiny to the appropriate Assistant Returning Officer designated for the purposes of this subsection by the Divisional Returning Officer.

226  Provisions related to sections 224 and 225

            (1)  Notwithstanding any arrangement in force under section 224 or 225, a visit under that section to a patient in a hospital shall not be made if the presiding officer or electoral visitor, as the case may be, is informed by a registered medical practitioner or a member of the staff of the hospital that such a visit is forbidden, on medical grounds, by a registered medical practitioner.

            (2)  Literature relating to an election or political parties may be supplied to the general office of a hospital to which section 224 or 225 applies, and any literature so supplied shall be made available on request to patients entitled to vote under that section.

         (2A)  A presiding officer or electoral visitor who visits a patient under section 224 or 225 may, at the request of the patient, give the patient literature, including how-to-vote cards, made available for the purpose by candidates in the election.

            (3)  A presiding officer or electoral visitor who visits a patient under section 224 or 225 for the purposes of a Senate election shall display to the patient each group voting ticket registered for the purposes of the election.

            (4)  So far as is practicable, a vote under section 224 or 225 shall be taken as if it were taken under the other provisions of this Act (including such of those provisions as relate to absent voting) and, in particular, in the application of this Act for the purposes of subsection 224(5) or 225(4A), this Act has effect as if:

                     (a)  a person who, with the approval of an appropriate person on the staff of the hospital, enters or remains in a room, ward or other place in the hospital at a time when, under that subsection, it is to be treated as if it were a part of a polling booth were, for the purposes of section 219, doing so by permission of the presiding officer there present;

                     (b)  paragraph 233(a) were omitted and the following paragraph were substituted:

                           “(a)  mark his or her vote on the ballot-paper in a manner that ensures the secrecy of the vote;”;

                     (c)  paragraph 233(c) were omitted; and

                     (d)  the words “enter an unoccupied compartment of the booth with the voter, and” were omitted from subsection 234(1).

            (5)  Subject to subsection (2A) of this section, subsection 340(1) applies in relation to a hospital that is a polling place and in relation to a special hospital within the meaning of section 225 as if:

                     (a)  the reference in that subsection to polling day and to all days to which the polling is adjourned were a reference to the period commencing on the day of the issue of the writ and ending at the expiration of polling day or, if the polling is adjourned, the expiration of the last day to which the polling is adjourned; and

                     (b)  the references in that subsection to a polling booth were references to the hospital or special hospital, as the case may be.

            (6)  Where an elector has voted under section 224 or 225 in an election, any postal ballot-paper received by the Divisional Returning Officer that is, or that purports to be, a postal ballot-paper of the voter shall not be admitted in the scrutiny in relation to the election.

            (7)  The Divisional Returning Officer for a Division shall, not later than 4 p.m. on the day before polling day, display prominently in his or her office a notice specifying the hospitals in the Division that are polling places and indicating the periods during which votes will be taken under section 224 at each hospital.

         (7A)  The Divisional Returning Officer for a Division shall, at least 7 days before the day, or the first day, on which votes are to be taken under section 225 at a hospital in the Division, display prominently in his or her office a notice specifying:

                     (a)  the hospitals in the Division at which votes are to be taken under section 225; and

                     (b)  the days on which, and the times at which, votes will be taken at each of those hospitals.

         (7B)  If it is not practicable for votes to be taken under section 225 on a day, or a time, specified in a notice under subsection (7A), the electoral visitor shall inform the Divisional Returning Officer accordingly.

         (7C)  On being so informed, the Divisional Returning Officer shall:

                     (a)  take such steps as he or she thinks fit to give public notice of another day on which, or another time at which, the votes will be taken; and

                     (b)  take such steps as are reasonably practicable to inform:

                             (i)  in the case of a House of Representatives election—all of the candidates; and

                            (ii)  in the case of a Senate election—such of the candidates as have requested that they be so notified;

                            of the substituted day or time.

            (8)  As far as is reasonably practicable, votes taken under section 224 or 225 shall be taken on the day or days and at the time or times specified in the relevant notice under subsection (7), (7A) or (7C), but any failure to take those votes in that manner does not invalidate the result of the election.

226A  Mobile booths—prisons

            (1)  The Electoral Commission may make arrangements with the Controller-General of Prisons for a State or Territory for the taking of the votes of persons confined in prisons in the State or Territory.

            (2)  The Electoral Commission may appoint electoral visitors for the purposes of this section.

            (3)  Where arrangements in force under subsection (1) are applicable to a prison, an electoral visitor shall visit the prison for the purpose of taking the votes of persons confined in the prison.

            (4)  When visiting a prison, an electoral visitor shall:

                     (a)  take to the prison a ballot-box, ballot-papers and anything else necessary for the taking of votes at the prison; and

                     (b)  subject to subsection (5), be accompanied by a polling official and such scrutineers (if any) as wish to attend.

            (5)  A visit to a prison shall be made:

                     (a)  on such day;

                     (b)  at such time; and

                     (c)  in accordance with such conditions;

as are fixed by or under the arrangements applicable to the prison.

            (6)  In spite of arrangements in force under subsection (1), a visit to a prison may not be made if the electoral visitor is informed by the officer in charge of the prison or a member of the staff of the prison that the visit is forbidden by the officer in charge because of circumstances related to the security of the prison.

            (7)  At the end of a visit by an electoral visitor to a prison, the visitor shall, in the presence of the polling official and any scrutineers who are in attendance at the prison, close, fasten, seal and take charge of each ballot-box used in the visit and, without delay, forward it to the Assistant Returning Officer designated for the purposes of this subsection by the DRO.

            (8)  An electoral visitor who visits a prison may, at the request of an elector confined in the prison, give the elector literature including how-to-vote cards, made available for the purpose by candidates in the election.

227  Mobile booths—Remote Divisions

            (1)  In this section:

leader means a person appointed under this section to be the leader of a team.

station means a place at which a visit is being made by a team under this section.

team means a mobile polling team appointed under this section.

            (2)  The Electoral Commission may appoint persons to be members of mobile polling teams for the purposes of this section and, in respect of each team, a person to be the leader.

            (3)  In relation to a Division declared by the Electoral Commission, by notice published in the Gazette, to be a remote Division, the following provisions of this section apply in addition to, and without derogation from, the application of any other provision of this Act.

            (4)  The Electoral Commission:

                     (a)  may, by notice published in the Gazette, determine the places that teams will visit for the purposes of this section; and

                     (b)  must take such steps as it thinks fit to give public notice of:

                             (i)  the places determined under paragraph (a); and

                            (ii)  the days and times when teams will visit for the purposes of this section.

            (5)  A day notified under paragraph (4)(b) shall be any of the 12 days preceding polling day, polling day, or a day to which the polling is adjourned.

            (6)  A team shall make a visit or visits as notified under paragraph (4)(b), but, if, for reasonable cause, the team is unable, or the leader considers it inappropriate, to make such a visit, the leader may substitute another place, day or time for the visit and, in that event, shall:

                     (a)  take such steps as he or she thinks fit to give public notice of the substituted place, day or time; and

                     (b)  inform the Divisional Returning Officer.

            (7)  Any failure by a team to make a visit in accordance with this section does not invalidate the result of the election.

            (8)  At any time when a team is at a station for the purposes of taking votes under this section in an election:

                     (a)  the team shall have:

                             (i)  ballot-boxes, ballot-papers, group voting tickets registered for the purposes of the election and such other things as are necessary for the votes of electors to be taken at the station; and

                            (ii)  the “how-to-vote” cards (if any) supplied to it by the candidates;

                     (b)  every person at the station who is:

                             (i)  in the case of a by-election—entitled to vote in the election; or

                            (ii)  in any other case—an elector for the State or Territory in which the station is situated;

                            is entitled to have his or her vote taken under this section;

                     (c)  for purposes of, and in connection with, the taking of votes under this section:

                             (i)  the station shall be deemed to be a polling place;

                            (ii)  the building, structure, vehicle or enclosure used by the leader for the purposes of taking votes under this section shall be deemed to be a polling booth at that polling place; and

                          (iii)  the leader shall be deemed to be the presiding officer at that polling booth;

                     (d)  so far as is practicable, a vote under this section shall be taken as if it were taken under the other provisions (not being sections 224 and 225) of this Act (including such of those other provisions as relate to absent voting);

                   (da)  section 220 applies as if, for paragraph 220(b), there were substituted the following paragraph:

“(b)   the polling may be conducted:

(i)   at any time on a day before polling day; and

(ii)  on polling day, until all electors present in the polling booth at 6 p.m., and desiring to vote, have voted;”; and

                     (e)  section 340 applies as if:

                             (i)  the reference in subsection 340(1) to polling day and to all days to which the polling is adjourned were a reference to the time of the visit; and

                            (ii)  the reference in subsection 340(2) to the hours of polling were a reference to that time.

            (9)  Paragraph 220(a) does not apply to a leader after the first visit made by the leader for the purposes of this section.

          (10)  At the end of the last visit made by a leader for the purposes of this section, the leader shall, in the presence of a member of his or her team and any scrutineers who may be in attendance, publicly close, fasten, seal and take charge of each ballot-box used by the leader for the purposes of this section and, with the least possible delay, forward it for the purposes of scrutiny to the appropriate Assistant Returning Officer designated for the purposes of this subsection by the Divisional Returning Officer.

          (11)  Where an elector has voted under this section in an election, any postal ballot-paper received by the Divisional Returning Officer that is, or that purports to be, a postal ballot-paper of the voter shall not be admitted in the scrutiny in relation to the election.

228  Forwarding of declaration votes

            (1)  A presiding officer at a polling place shall forward to the Assistant Returning Officer designated for the purposes of this subsection by the Divisional Returning Officer any ballot-boxes containing envelopes bearing certificates or declarations made by persons who have cast declaration votes and which purport to contain the ballot-papers of such voters, together with records that the presiding officer has made in accordance with paragraph 195A(2)(e) and subsection 232(2).

         (1A)  A pre-poll voting officer who:

                     (a)  receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper; or

                     (b)  places a ballot-paper in an envelope under subsection 200E(6);

shall forward the envelope, together with the record made under paragraph 195A(2)(e) or subsection 200G(2), as the case may be, in relation to the receipt or issue of the envelope, to the Divisional Returning Officer for the Division for which the pre-poll voting officer is appointed.

         (1B)  Envelopes and records required to be forwarded under subsection (1A) shall be so forwarded according to the instructions of the Divisional Returning Officer.

            (2)  An Assistant Returning Officer to whom a ballot-box is forwarded under subsection (1) or subsection 225(8), 226A(7) or 227(10) shall:

                     (a)  compare the particulars on the envelopes with the particulars appearing in the presiding officer’s record made under subsection 232(2) or in any other records forwarded by the presiding officer, note the number of envelopes and report any discrepancy to the Divisional Returning Officer;

                     (b)  place in a parcel all the envelopes contained in such ballot-boxes, endorse on the parcel the number of envelopes contained in the parcel, seal up the parcel and forthwith deliver it, or cause it to be delivered, to the Divisional Returning Officer; and

                     (c)  forward to the Divisional Returning Officer advice in writing of the total number of envelopes bearing certificates or declarations enclosed in the parcel delivered or to be delivered to the Divisional Returning Officer.

            (3)  Each Divisional Returning Officer shall:

                     (a)  maintain a record of the particulars of the advices, and of the number of envelopes bearing certificates or declarations, received from each Assistant Returning Officer and pre-poll voting officer;

                     (b)  until they are dealt with under other provisions of this Act, keep the envelopes received from Assistant Returning Officers and pre-poll voting officers in one or more securely fastened ballot-boxes; and

                     (c)  compare the record referred to in paragraph (a) with the envelopes received and note any discrepancy.

            (4)  A Divisional Returning Officer shall:

                     (a)  place in a parcel all the envelopes bearing certificates or declarations and relating to a particular Division and records relating to that Division, endorse on the parcel the number of the envelopes, seal up the parcel and forthwith deliver it, or cause it to be delivered, to the Divisional Returning Officer for that Division or, with the approval of the Australian Electoral Officer for the State or Territory that includes that Division, to another person to be dealt with in accordance with subsection (5); and

                     (b)  forward to the last-mentioned Divisional Returning Officer advice in writing of the total number of envelopes bearing certificates or declarations enclosed in the parcel delivered or to be delivered to that Divisional Returning Officer.

            (5)  Each Divisional Returning Officer shall:

                     (a)  maintain a record of the particulars of the advices, and of the number of envelopes bearing certificates or declarations, received from other Divisional Returning Officers or from persons referred to in subsection (7) or (9);

                     (b)  maintain a locked and sealed ballot-box labelled so as to identify it as a declaration vote ballot-box; and

                     (c)  keep in that ballot-box, until the scrutiny, all envelopes bearing a certificate or declaration and purporting to contain a ballot-paper recording a declaration vote in relation to his or her Division, being, in the case of envelopes purporting to contain postal ballot-papers, envelopes:

                             (i)  delivered to the Divisional Returning Officer before the end of the period of 13 days after the close of the poll; or

                            (ii)  received from another Divisional Returning Officer or from a person referred to in subsection (7) or (9) where the envelope bearing the certificate bears evidence that it was received by that Divisional Returning Officer, by a pre-poll voting officer, by an Assistant Returning Officer at a place outside Australia or by a presiding officer prior to the close of the poll.

            (6)  Before placing in the ballot-box maintained under subsection (5) an envelope purporting to contain a postal ballot-paper and delivered to a Divisional Returning Officer which is received after the close of the poll and which does not bear evidence sufficient to satisfy the Divisional Returning Officer that the vote contained in the envelope was recorded before the close of the poll, the Divisional Returning Officer shall endorse on the envelope the date of its receipt and shall initial the endorsement.

            (7)  Where envelopes bearing certificates or declarations, or records, relating to a particular Division are, with the approval of the Australian Electoral Officer for the State or Territory that includes that Division, delivered to a person other than the Divisional Returning Officer for that Division, that person shall, as soon as practicable, deliver them, or cause them to be delivered, to that Divisional Returning Officer.

            (8)  An Assistant Returning Officer at a place outside Australia shall, in accordance with the written instructions of the Electoral Commissioner, forward envelopes bearing certificates or declarations, together with the relevant applications and the records made by the officer under paragraph 195A(2)(e) or subsection 200G(2), to such person as is specified in those instructions.

            (9)  Where envelopes and records relating to a particular Division are forwarded under subsection (8) to a person other than the Divisional Returning Officer for that Division, that person shall, as soon as practicable, deliver them, or cause them to be delivered, to that Divisional Returning Officer.

229  Questions to be put to voter

            (1)  The presiding officer shall put the following questions to each person attending before him and claiming to vote in an election or elections:

                     (a)  What is your full name?

                     (b)  Where do you live?

                     (c)  Have you voted before in this election? or Have you voted before in these elections? (as the case requires).

            (2)  In addition to the questions put under subsection (1), the presiding officer shall ask each person claiming to vote as an absent voter in an election to identify the Division for which the person is enrolled.

            (4)  If the answers to the questions specified in paragraphs (1)(a) and (b) that are given by a person claiming to vote are not sufficient to distinguish that person from another person on the certified list, the presiding officer may, for the purpose of distinguishing the 2 persons, ask the person claiming to vote another question or other questions relating to matters shown on the certified list in relation to those persons.

            (5)  Subject to section 235, if a person claiming to vote to whom questions are put under this section:

                     (a)  refuses to answer fully any question so put; or

                     (c)  answers a question specified in paragraph (1)(c) in the affirmative;

the person’s claim to vote shall be rejected.

230  Errors not to forfeit vote

No omission in the Roll or in the certified list of voters of any Christian or given name, or entry of a wrong Christian or given name, or address and no mistake in the spelling of any surname, shall warrant the rejection at any polling of any claim to vote if the voter is sufficiently identified in the opinion of the presiding officer, and no female elector shall be disqualified from voting under the name appearing on the Roll because her surname has been changed by marriage.

231  Right of elector to receive ballot-paper

            (1)  The presiding officer or a polling official shall at the polling hand to each person claiming to vote a ballot-paper duly initialled by the presiding officer:

                     (a)  if the name under which the person claims to vote is on the certified list of voters for the polling place and the person’s answers to the prescribed questions show that he or she is entitled to vote; or

                     (b)  if the person claims to vote under the provisions relating to absent voting and complies with those provisions.

            (2)  The presiding officer, at the request of a scrutineer, shall note any objection by the scrutineer to the right of any person to vote, and shall keep a record thereof.

232  Voters to be recorded

            (1)  The presiding officer or a polling official at a polling place shall, immediately upon handing a ballot-paper to a person whose name is on the certified list of voters for the polling place, place a mark against the person’s name on that list.

            (2)  The presiding officer at a polling place shall make a record of the name of each elector who casts a declaration vote at the polling place and, in the case of an absent voter, of the Division for which the elector declares under subsection 222(1) that he or she is enrolled, and shall, at the close of the poll, forward the record, duly certified by the presiding officer, in accordance with section 228.

233  Vote to be marked in private

            (1)  Except as otherwise prescribed the voter upon receipt of the ballot-paper shall without delay:

                     (a)  retire alone to some unoccupied compartment of the booth, and there, in private, mark his or her vote on the ballot-paper;

                     (b)  fold the ballot-paper so as to conceal his or her vote and:

                             (i)  if the voter is not an absent voter—deposit it in the ballot-box; or

                            (ii)  if the voter is an absent voter—return it to the presiding officer; and

                     (c)  quit the booth.

            (2)  A presiding officer shall enclose each ballot-paper of an absent voter returned to the presiding officer under subsection (1) in the envelope bearing the declaration made by the voter under subsection 222(1), securely fasten the envelope and place it in the ballot-box.

234  Assistance to certain voters

            (1)  If any voter satisfies the presiding officer that his or her sight is so impaired or that the voter is so physically incapacitated or illiterate that he or she is unable to vote without assistance, the presiding officer shall permit a person appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold, and deposit the voter’s ballot-paper.

         (1A)  A presiding officer who is visiting a patient under section 224 or 225 for the purpose of taking the patient’s vote must explain to the patient the effect of subsection (1) of this section.

            (2)  If any such voter fails to appoint a person in pursuance of subsection (1) the presiding officer, in the presence of such scrutineers as are present, or, if there be no scrutineers present, then in the presence of:

                     (a)  a polling official; or

                     (b)  if the voter so desires, in the presence of a person appointed by such voter, instead of a polling official;

shall mark, fold, and deposit his or her ballot-paper.

            (3)  Without limiting the generality of subsection (2), a voter to whom that subsection applies may indicate to the presiding officer the manner in which the voter wishes the presiding officer to mark his or her ballot-paper by presenting to the presiding officer a statement in writing (which may be, or include, a how-to-vote card) that specifies the manner in which the ballot-paper is to be marked.

            (4)  Where subsection (1) applies in relation to an absent or provisional voter, the presiding officer shall:

                     (a)  fill in the declaration referred to in subsection 222(1) or 235(2), as the case may be, with the required particulars as requested by the voter;

                     (b)  read the declaration to the voter;

                     (c)  complete and attest the declaration; and

                     (d)  cause the declaration to be witnessed by a scrutineer or, if no scrutineer is present, by a polling official.

235  Provisional votes

            (1)  This section applies to a person claiming to vote if:

                     (a)  the person’s name cannot be found on the certified list of voters for the Division for which the person claims to vote;

                     (b)  the person’s name is on the certified list of voters for the Division but his or her address does not appear on the list; or

                     (d)  a mark on the certified list of voters used at the polling place indicates that the person has already voted at that polling place.

            (2)  A person to whom this section applies may cast a provisional vote if the person signs a declaration in the approved form on an envelope addressed to the DRO for the Division for which the voter is, or claims to be, enrolled.

            (3)  The person shall sign the declaration in the presence of a polling official.

            (4)  The polling official shall then sign the declaration as witness, adding the date.

            (5)  Before issuing a ballot-paper to the person, a polling official shall give the person a statement in writing in the approved form explaining the effect of this section and indicating the steps that will be taken if the person casts a provisional vote.

            (6)  A person who casts a provisional vote shall fold the ballot-paper and hand it to the polling official who issued it.

            (7)  The polling official shall, in the presence of the voter, without unfolding the ballot-paper, place it in the envelope bearing the voter’s declaration, fasten the envelope and place the envelope in the ballot-box.

            (8)  The Assistant Returning Officer who opens the ballot-box shall deal with the envelope according to section 228.

238  Spoilt ballot-papers

            (1)  If any voter before depositing a ballot-paper in the ballot-box satisfies the presiding officer that he or she has spoilt the ballot-paper by mistake or accident, the voter may, on giving it up, receive a new ballot-paper from the presiding officer, who shall there and then cancel the spoilt ballot-paper.

            (2)  If any voter voting in a manner that will involve a ballot-paper being placed in an envelope satisfies the officer who issued the ballot-paper that, before the ballot-paper was placed in the relevant envelope, he or she spoilt the ballot-paper by mistake or accident, the voter may, on giving up the spoilt ballot-paper to the officer, receive a new ballot-paper from the officer, who shall there and then cancel the spoilt ballot-paper.

            (3)  An officer who has cancelled a spoilt ballot-paper shall:

                     (a)  write “spoilt” on the back of the ballot-paper;

                     (b)  place the ballot-paper in an envelope, seal the envelope and write on the envelope an indication of the type of ballot-paper enclosed and that it is spoilt; and

                     (c)  sign the envelope.

            (4)  The envelopes containing spoilt ballot-papers cancelled at a polling place shall be sealed up in a parcel which shall be given to the Divisional Returning Officer for the Division after the close of the poll.

239  Marking of votes in Senate election

            (1)  Subject to subsection (2), in a Senate election a person shall mark his or her vote on the ballot-paper by:

                     (a)  writing the number 1 in the square opposite the name of the candidate for whom the person votes as his or her first preference; and

                     (b)  writing the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of the person’s preference for them.

            (2)  A vote may be marked on a ballot-paper by writing the number 1 in a square (if any) printed on the ballot-paper under subsection 211(5) or 211A(6).

            (3)  Where a voter has marked a tick or cross in a square printed on a ballot-paper under subsection 211(5) or 211A(6), the voter shall be regarded as having written the number 1 in the square.

            (4)  Where a candidate dies between the date of nomination and polling day, and the number of candidates remaining is greater than the number of candidates to be elected, a ballot-paper shall not be informal by reason only:

                     (a)  of the inclusion on the ballot-paper of the name of the deceased candidate;

                     (b)  of the marking of any consecutive number opposite that name; or

                     (c)  of the omission to place any number opposite that name, or of any resultant failure to indicate in consecutive order the voter’s preferences.

240  Marking of votes in House of Representatives election

In a House of Representatives election a person shall mark his or her vote on the ballot-paper by:

                     (a)  writing the number 1 in the square opposite the name of the candidate for whom the person votes as his or her first preference; and

                     (b)  writing the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of the person’s preference for them.

241  Adjournment of polling

The presiding officer may adjourn the polling from day to day in any case where polling is interrupted by:

                     (a)  riot or open violence; or

                     (b)  storm, tempest, flood or an occurrence of a like kind.

242  Adjournment in other cases

If from any cause any polling booth at a polling place is not opened on polling day the presiding officer may adjourn the polling for a period not exceeding 21 days, and shall forthwith give public notice of the adjournment.

243  Voting at adjourned polling

Where for any reason the polling is adjourned at any polling place, those electors only:

                     (a)  who are enrolled for the Subdivision for which the polling place is prescribed; or

                     (b)  who are, by virtue of section 235, entitled to vote as electors of that Subdivision;

and who have not already voted, shall be entitled to vote at the adjourned polling at that polling place.

244  Arrangement where elections held in some Divisions only

Where an election is being held for any Division, it shall not be necessary to open polling booths at the polling places for any Division for which no election is being held.

245  Compulsory voting

            (1)  It shall be the duty of every elector to vote at each election.

            (2)  The Electoral Commissioner must, after polling day at each election, prepare for each Division a list of the names and addresses of the electors who appear to have failed to vote at the election.

            (3)  Subject to subsection (4), within the period of 3 months after the polling day at each election, each DRO must send by post to each elector whose name appears on the list prepared under subsection (2), at the address mentioned in that list, a penalty notice.

            (4)  The DRO is not required to send a penalty notice if he or she is satisfied that the elector:

                     (a)  is dead; or

                     (b)  was absent from Australia on polling day; or

                     (c)  was ineligible to vote at the election; or

                     (d)  had a valid and sufficient reason for failing to vote.

            (5)  A penalty notice is a notice in an approved form notifying the elector that:

                     (a)  the elector appears to have failed to vote at the election; and

                     (b)  it is an offence to fail to vote at an election without a valid and sufficient reason for the failure; and

                     (c)  if the elector does not wish to have the apparent failure to vote dealt with by a court, the elector may, within the prescribed time:

                             (i)  if the elector did vote as required by this Act—give the DRO particulars of the circumstances of the elector’s voting; or

                            (ii)  if the elector failed to vote—give the DRO a valid and sufficient reason for the failure; or

                          (iii)  pay to the DRO a penalty of $20.

            (6)  If an elector does not respond to a penalty notice in the manner indicated in subparagraph (5)(c)(i), (ii) or (iii), within the prescribed time, the DRO must send by post to the elector, at the address mentioned in the list prepared under subsection (2), a second penalty notice, having, subject to subsection (7), the same form as the first such notice but bearing a notation to the effect that a previous notice in the same terms was sent to the elector but that a response in the manner indicated in subparagraph (5)(c)(i), (ii) or (iii) was not received.

            (7)  The provisions of this section, other than subsection (6), apply in relation to a second penalty notice:

                     (a)  as if it were a penalty notice issued under subsection (3); and

                     (b)  as if, in the provisions of this section as so applied, references to paragraphs and subparagraphs of subsection (5) included references to those paragraphs and subparagraphs as applied by this section.

            (8)  If, within the prescribed time:

                     (a)  an elector responds to a penalty notice in the manner indicated in subparagraph (5)(c)(i) or (ii) and the DRO to whom the response has been given is satisfied:

                             (i)  in the case of a response of the kind referred to in subparagraph (5)(c)(i)—that the elector did vote as required by this Act; or

                            (ii)  in the case of a response of the kind referred to in subparagraph (5)(c)(ii)—that the reason for the failure to vote is a valid and sufficient reason; or

                     (b)  an elector responds to a penalty notice by paying the penalty of $20;

proceedings against the elector for a contravention of paragraph (15)(a) are prohibited.

            (9)  If the DRO to whom a response to a penalty notice has been given under subparagraph (5)(c)(i) or (ii) within the prescribed time is not satisfied:

                     (a)  in the case of a response of the kind referred to in subparagraph (5)(c)(i)—that the elector voted as required by this Act; or

                     (b)  in the case of a response of the kind referred to in subparagraph (5)(c)(ii)—that the reason for the failure to vote is a valid and sufficient reason;

the DRO must send by post to the elector, at the address mentioned in the list prepared under subsection (2), a notice in an approved form, notifying the elector that:

                     (c)  the DRO is not so satisfied; and

                     (d)  if the elector does not wish to have the apparent failure to vote without a valid and sufficient reason for such failure dealt with by a court, he or she may, within the prescribed time, pay to the DRO a penalty of $20.

          (10)  If, in response to a notice under subsection (9), the penalty of $20 is paid to the DRO within the prescribed time, proceedings against the elector for a contravention of paragraph (15)(a) are prohibited.

          (11)  If an elector is unable, by reason of absence from his or her place of living or physical incapacity, to respond to a penalty notice or to a notice under subsection (9) within the prescribed time, any other elector who has a personal knowledge of the facts may, subject to the regulations, respond to the notice within that time, and such response is to be treated as compliance by the first-mentioned elector with the notice.

          (12)  The DRO must prepare a list of all electors to whom a penalty notice has been sent and note on that list in relation to each elector:

                     (a)  whether there has been a response to the notice; and

                     (b)  if there has been a response:

                             (i)  whether the DRO is satisfied that the elector did in fact vote or that there was a valid and sufficient reason for the elector’s failure to vote; or

                            (ii)  whether the penalty has been paid.

          (13)  The DRO must note on the list prepared under subsection (12) in relation to each elector to whom a notice under subsection (9) has been sent:

                     (a)  the fact that a notice has been sent under subsection (9); and

                     (b)  whether there has been a response to the notice; and

                     (c)  if there has been a response—whether the penalty has been paid.

          (14)  Without limiting the circumstances that may constitute a valid and sufficient reason for not voting, the fact that an elector believes it to be part of his or her religious duty to abstain from voting constitutes a valid and sufficient reason for the failure of the elector to vote.

          (15)  Every elector who:

                     (a)  fails to vote at an election without a valid and sufficient reason for such failure; or

                     (b)  makes a statement in response to a penalty notice or to a notice under subsection (9) that is, to his or her knowledge, false or misleading in a material particular;

is guilty of an offence.

Penalty: $50.

          (16)  Proceedings for an offence against this section may be instituted only by the Electoral Commissioner or an officer authorised, in writing, for the purpose by the Electoral Commissioner.

          (17)  In this section, elector does not include:

                     (a)  an Antarctic elector; or

                     (b)  an eligible overseas elector; or

                     (c)  an itinerant elector.

          (18)  In this section, a reference to the prescribed time for a response to a penalty notice or a notice under subsection (9) is a reference to the time for response specified in the notice.

Part XVIISpecial Provisions Relating to the Polling in Antarctica

246  Interpretation

            (1)  In this Part:

Antarctica means the Australian Antarctic Territory and includes:

                     (a)  the Territory of Heard Island and McDonald Islands; and

                     (b)  Macquarie Island.

Antarctic elector means an elector who:

                     (a)  is, in the course of his or her employment, in Antarctica on the polling day for an election; and

                     (b)  has made a request under section 249 that the elector be treated, while he or she is in Antarctica, as an Antarctic elector.

research personnel means personnel who are to be, or have been, engaged in the work of a research station in Antarctica operated, whether continuously or otherwise, by the Commonwealth.

station means:

                     (a)  a research station in Antarctica that is operated by the Commonwealth and has been declared by the Electoral Commissioner, by written instrument, to be a permanent research station; or

                     (b)  in relation to a particular election, a ship that has been declared by the Electoral Commissioner, by written instrument, to be a station for the purposes of this Part in relation to that election.

transmit includes transmit by radio-telephone or telex.

            (2)  The Electoral Commissioner shall not make a declaration under paragraph (b) of the definition of station in subsection (1) in relation to a ship unless the Electoral Commissioner is satisfied that, on polling day in the election, the ship is likely to be at sea transporting research personnel to or from Antarctica.

247  Antarctic Returning Officers and Assistant Antarctic Returning Officers

            (1)  There shall be an Antarctic Returning Officer, and an Assistant Antarctic Returning Officer, for each station.

            (2)  Antarctic Returning Officers and Assistant Antarctic Returning Officers shall be appointed by the Electoral Commission by instrument in writing.

            (3)  The person in charge of a station shall not be appointed to be the Antarctic Returning Officer, or Assistant Antarctic Returning Officer, for that station.

            (4)  The person in charge of a station may, by instrument in writing, appoint a person (including the Assistant Antarctic Returning Officer) to act as the Antarctic Returning Officer for the station during any period, or during all periods, when the Antarctic Returning Officer for the station is absent from duty at the station, is absent from Antarctica, or is for any other reason unable to perform the functions of the office.

            (5)  The person in charge of a station may, by instrument in writing, appoint a person to act as the Assistant Antarctic Returning Officer for the station during any period, or during all periods, when the Assistant Antarctic Returning Officer for the station is acting as Antarctic Returning Officer for the station, is absent from duty at the station, is absent from Antarctica, or is for any other reason unable to perform the functions of the office.

            (6)  A person acting as Antarctic Returning Officer or Assistant Antarctic Returning Officer for a station has and may exercise all the powers, and shall perform all the functions, of the Antarctic Returning Officer, or the Assistant Antarctic Returning Officer, for the station, as the case requires.

248  Application of Part XVI to polling in Antarctica

            (1)  Except as provided by this Part, the provisions of Part XVI (other than subsections 221(1) and (2) and 222(4), and sections 234, 238, 239 and 240) do not apply to the taking of a poll in Antarctica.

            (2)  In the application, by virtue of this Part, of a provision of Part XVI to the taking of a poll in Antarctica:

                     (a)  a reference in that provision to the presiding officer in relation to a polling place shall be read as a reference to the Antarctic Returning Officer in relation to a station; and

                     (b)  a reference in that provision to a polling official in relation to a polling place shall be read as a reference to the Assistant Antarctic Returning Officer in relation to a station.

249  Antarctic electors

            (1)  An elector who is, or expects to be, in the course of employment, in Antarctica may, by notice given to the Divisional Returning Officer for the Division for which the elector is enrolled, request that he or she be treated, while in Antarctica, as an Antarctic elector in relation to any election the polling day of which occurs while the elector is in Antarctica.

            (2)  A notice under subsection (1) shall be given to a Divisional Returning Officer by lodging it with or sending it by post to the Divisional Returning Officer.

            (3)  A notice under subsection (1) is not effective, in relation to an election, unless it is received by a Divisional Returning Officer before the hour of nomination for the election.

            (4)  Upon the receipt of a request made by an elector under subsection (1), the Divisional Returning Officer shall:

                     (a)  annotate the Roll for the Subdivision for which the elector is enrolled so as to indicate that the elector is an Antarctic elector; and

                     (b)  cause the certified list of voters for each election the polling day of which occurs while the elector is in Antarctica to be annotated so as to indicate that the elector is an Antarctic elector.

            (5)  Notwithstanding anything in subsection 99(1) or (2), while a person is entitled to be treated as an Antarctic elector by virtue of an annotation under subsection (4) 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.

            (6)  A Divisional Returning Officer shall delete an annotation made under subsection (4) in relation to an elector immediately after he or she becomes aware that the elector has ceased to be in Antarctica.

250   Arrangements for the polling in Antarctica

            (1)  If, in the case of a Senate election, the proceedings stand adjourned to polling day, an Australian Electoral Officer for a State on the Roll for which there is an Antarctic elector in relation to the election shall immediately cause to be transmitted to the Antarctic Returning Officer at whose station the elector is based:

                     (a)  directions for the preparation by the Antarctic Returning Officer of ballot-papers for use in relation to the election to be held in the State; and

                     (b)  the name of the elector and the particulars relating to the elector that are entered on the Roll for the State.

            (2)  If, in the case of a House of Representatives election, the proceedings on the day of nomination stand adjourned to polling day, a Divisional Returning Officer on the Roll for whose Division there is an Antarctic elector in relation to the election shall immediately cause to be transmitted to the Antarctic Returning Officer at whose station the elector is based:

                     (a)  directions for the preparation by the Antarctic Returning Officer of ballot-papers for use in relation to the election to be held in the Division; and

                     (b)  the name of the elector and the particulars relating to the elector that are entered on the Roll for the Division.

            (3)  Where information is transmitted by an Australian Electoral Officer or a Divisional Returning Officer to an Antarctic Returning Officer in pursuance of this section, both the Australian Electoral Officer or the Divisional Returning Officer, as the case may be, and the Antarctic Returning Officer shall, immediately after the transmission, cause a statement in writing of the information transmitted to be prepared.

            (4)  Sections 209, 210, 212, 213 and 214 apply in relation to ballot-papers prepared under this section as if a reference in sections 210, 212 and 214 to the printing of ballot-papers were a reference to such preparation.

251  Ballot-papers to be initialled

Section 215 applies to the polling at a station in Antarctica as if the reference in that section to the proper officer were a reference to the Antarctic Returning Officer for that station.

252  Candidates not to take part in polling

A candidate shall not take part in any way in the conduct of the polling in Antarctica.

253  The polling in Antarctica

            (1)  The polling at a station in Antarctica shall be conducted as follows:

                     (a)  before any vote is taken, the Antarctic Returning Officer for the station shall exhibit the ballot-box empty, and shall then securely fasten its cover;

                     (b)  the poll shall be open during such hours on such days as the Antarctic Returning Officer, subject to subsection (2), directs; and

                     (c)  the Antarctic Returning Officer or the Assistant Antarctic Returning Officer shall, at all times at which the poll is open, be present in that part of the station at which the polling is taking place.

            (2)  The polling at a station in relation to an election shall not continue beyond 6 o’clock in the afternoon by standard time in the Australian Capital Territory on the day of polling in the election.

254  Entitlement of Antarctic electors to vote

An Antarctic elector whose name has been transmitted to the Antarctic Returning Officer for a station in pursuance of paragraph 250(1)(b) or (2)(b), as the case may be, is entitled to vote at the station during the period when the poll is open at that station.

255  Questions to be put to voter at Antarctic station

            (1)  The Antarctic Returning Officer for a station shall put to each person claiming to vote at the station such questions as the officer thinks necessary to enable the person’s identity and place of living to be established.

            (2)  If a person claiming to vote refuses to answer fully a question put to him or her under this section, the person’s claim to vote at the station shall be rejected.

256  Right of Antarctic elector to receive ballot-paper

The Antarctic Returning Officer or the Assistant Antarctic Returning Officer for a station shall, at the polling, give to each person claiming to vote at the station a ballot-paper for the Division or State, as the case requires, for which the person is enrolled, duly initialled by the Antarctic Returning Officer, if the name under which the person claims to vote has been transmitted to the Antarctic Returning Officer in pursuance of paragraph 250(1)(b) or (2)(b), as the case may be, and the person’s claim to vote is not rejected.

257  List of Antarctic electors to be marked

Immediately upon giving a ballot-paper to the person claiming to vote, the Antarctic Returning Officer or the Assistant Antarctic Returning Officer shall record on the statement prepared by the officer under subsection 250(3) the fact that the ballot-paper has been given to that person.

258  Application of sections 233 and 234

Sections 233 and 234 apply to the polling at a station as if:

                     (a)  each reference in those sections to an unoccupied compartment of the booth were a reference to an unoccupied part of the station; and

                     (b)  paragraph 233(c) were omitted.

259  Proceedings by Antarctic Returning Officer on close of poll

At the close of the poll, the Antarctic Returning Officer shall, in the presence of the Assistant Antarctic Returning Officer:

                     (a)  open the ballot-box; and

                     (b)  transmit to the Australian Electoral Officer designated by the Electoral Commissioner for the purpose of this paragraph:

                             (i)  particulars of each elector enrolled for a State who has voted in elections held in the State in the poll taken at the station;

                            (ii)  unless subparagraph (iii) applies—particulars of the marking of each ballot-paper; and

                          (iii)  if the Antarctic Returning Officer is unable clearly to read or understand the particulars referred to in subparagraph (ii)—a statement to that effect together with such information relating to those particulars as the Antarctic Returning Officer thinks sufficient to explain that inability; and

                     (c)  cause a statement in writing of the information transmitted to be prepared.

260  Result of the polling in Antarctica

            (1)  Upon receipt of the particulars referred to in subparagraph 259(b)(ii), an Australian Electoral Officer shall forthwith:

                     (a)  initial the back of a postal ballot-paper appropriate for the State or Division for which the vote was cast; and

                     (b)  cause those particulars to be transcribed onto the postal ballot-paper;

                     (c)  seal the postal ballot-paper in an envelope;

                     (d)  sign the envelope; and

                     (e)  cause to be sent to the Divisional Returning Officer for the Division to which the ballot-paper relates the envelope containing the postal ballot-paper.

            (2)  An officer shall not mark a postal ballot-paper under this section in a manner that is likely to enable the ballot-paper to be identified as representing the vote of an Antarctic elector.

            (3)  Upon receipt of information under subsection (1), an Australian Electoral Officer shall forthwith:

                     (a)  cause a statement in writing of that information to be prepared; and

                     (b)  cause to be sent to each Divisional Returning Officer for a Division to which a ballot-paper referred to in paragraph (1)(b) relates particulars of the Antarctic electors who have voted in the election in relation to the Division.

            (4)  A reference in Part XVIII to scrutiny:

                     (a)  includes a reference to scrutiny of any act or thing done in pursuance of paragraphs (1)(a) to (d) (inclusive); and

                     (b)  does not include a reference to scrutiny of:

                             (i)  any act or thing done in Antarctica; or

                            (ii)  the transmission of any information to or from Antarctica.

            (5)  For the purposes of subsections 273(4) and 274(4), a ballot-paper marked in accordance with paragraph (1)(b) shall be deemed to have been used for voting in pursuance of Part XV.

261  Preservation of ballot-papers etc.

            (1)  As soon as practicable after the close of the poll for an election, the Antarctic Returning Officer for each station shall forward to the Electoral Commission a copy of the statements prepared by the officer under subsection 250(3) and paragraph 259(c) and the ballot-papers used for voting at the station.

            (2)  The documents to which this subsection applies that are used at or in connection with an election shall be preserved in accordance with directions of the Commission for the purposes of this subsection until:

                     (a)  the election can no longer be questioned; or

                     (b)  the expiration of the period of 6 months commencing on the date of the declaration of the poll;

whichever last occurs.

            (3)  Subsection (2) applies to the following documents:

                     (a)  the statements referred to in subsection 250(3), paragraph 259(c) and paragraph 260(3)(a);

                     (b)  the postal ballot-papers referred to in paragraph 260(1)(b); and

                     (c)  the ballot-papers prepared by an Antarctic Returning Officer and used for voting in Antarctica.

262  Application of Part

This Part applies in relation to a Territory as if a reference in this Part to a State were a reference to a Territory.

Part XVIIIThe Scrutiny

263  Scrutiny

The result of the polling shall be ascertained by scrutiny.

264  Scrutineers at scrutiny

            (1)  A candidate may appoint scrutineers to represent the candidate at the scrutiny.

            (2)  A candidate is not entitled to be represented at the scrutiny at a particular counting centre by a number of scrutineers that is greater than the number of officers who are engaged in a scrutiny or counting of ballot-papers at that centre.

            (3)  The appointment of a scrutineer under this section to represent a candidate at a counting centre:

                     (a)  shall be made by notice in writing signed by the candidate, or by telegram signed by the candidate before it is tendered for transmission, given or sent to the officer who is to conduct, or is conducting, the scrutiny at the counting centre; and

                     (b)  shall specify the name and address of the scrutineer.

         (3A)  A person who is present at the scrutiny in the capacity of a scrutineer shall wear a badge, supplied by the Electoral Commission, that identifies the person as a scrutineer.

            (4)  In this section, counting centre means any premises at which a scrutiny or counting of ballot-papers is to be, or is being, conducted.

265  Scrutiny, how conducted

            (1)  The scrutiny shall be conducted as follows:

                     (a)  It shall commence as soon as practicable after the closing of the poll;

                     (b)  Such scrutineers as have been duly appointed pursuant to section 264, and any persons approved by the officer conducting the scrutiny, may be present;

                     (c)  All the proceedings at the scrutiny shall be open to the inspection of the scrutineers;

                     (d)  The scrutiny may be adjourned from time to time as may be necessary until the counting of the votes is complete.

            (2)  During a scrutiny, the scrutineers must be allowed to inspect, in addition to the preference votes being counted in the scrutiny, any other preference vote given for a candidate unless, in the opinion of the assistant Returning Officer or DRO, as the case may be, this would unreasonably delay the scrutiny.

266  Preliminary scrutiny of declaration votes

            (1)  After the close of the poll for a Division, the DRO shall conduct such preliminary scrutinies as he or she considers necessary until:

                     (a)  all written applications for postal votes have been produced;

                     (b)  all envelopes received by the DRO before the end of 13 days after the close of the poll and purporting to contain postal ballot-papers have been dealt with under this section; and

                     (c)  all other envelopes received by officers prior to the close of the poll and purporting to contain ballot-papers bearing declaration votes have been dealt with under this section.

            (2)  The DRO shall give notice of the commencement of a preliminary scrutiny as follows:

                     (a)  a notice specifying the date, time and place of commencement shall be displayed in a prominent place in the DRO’s office;

                     (b)  the notice shall be displayed not later than 4 p.m. on the day before the day of commencement.

            (3)  A preliminary scrutiny for a Division shall be conducted according to the rules set out in Schedule 3.

            (4)  The DRO may, from time to time, adjourn a preliminary scrutiny to a specified date, time and place.

            (5)  For the purposes of this Part, anything done under this section in relation to an election shall be taken to be part of the scrutiny in relation to the election.

267  Action on objections to ballot-papers

            (1)  If a scrutineer objects to a ballot-paper as being informal, the officer conducting the scrutiny shall mark the ballot-paper admitted or rejected according to the officer’s decision to admit or reject the ballot-paper.

            (2)  Nothing in this section shall prevent the officer conducting the scrutiny from rejecting any ballot-paper as being informal although it is not objected to.

268  Informal ballot-papers

            (1)  A ballot-paper shall (except as otherwise provided by section 239, and by the regulations relating to voting by post) be informal if:

                     (a)  subject to subsection (2), it is not authenticated by the initials of the presiding officer or by the presence of the official mark;

                     (b)  subject to section 269 and subsection 270(1), in a Senate election, it has no vote indicated on it, or it does not indicate the voter’s first preference for 1 candidate and the order of his or her preference for all the remaining candidates;

                     (c)  subject to subsection 270(2), in a House of Representatives election, it has no vote indicated on it, or it does not indicate the voter’s first preference for 1 candidate and an order of preference for all the remaining candidates:

Provided that, where the voter has indicated a first preference for 1 candidate and an order of preference for all the remaining candidates except 1 and the square opposite the name of that candidate has been left blank, it shall be deemed that the voter’s preference for that candidate is the voter’s last and that accordingly the voter has indicated an order of preference for all the candidates:

Provided further that, where there are 2 candidates only and the voter has indicated his or her vote by placing the figure 1 in the square opposite the name of 1 candidate and has left the other square blank or placed a figure other than 2 in it, the voter shall be deemed to have indicated an order of preference for all the candidates;

                     (d)  it has upon it any mark or writing (not authorized by this Act or the regulations to be put upon it) by which, in the opinion of the Divisional Returning Officer, the voter can be identified:

Provided that paragraph (d) shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of this Act; or

                     (e)  in the case of an absent vote—the ballot-paper is not contained in an envelope bearing a declaration made by the elector under subsection 222(1).

            (2)  A ballot-paper to which paragraph (1)(a) applies shall not be informal by virtue of that paragraph if the Divisional Returning Officer responsible for considering the question of the formality of the ballot-paper is satisfied that it is an authentic ballot-paper on which a voter has marked a vote.

            (3)  A ballot-paper shall not be informal for any reason other than the reasons specified in this section, but shall be given effect to according to the voter’s intention so far as that intention is clear.

269  Formal votes according to group voting ticket

            (1)  A ballot-paper in a Senate election shall not be informal by virtue of paragraph 268(1)(b) if the voter has marked a vote on the ballot-paper in accordance with subsection 239(2).

            (2)  If a ballot-paper in a Senate election:

                     (a)  has been marked in accordance with subsection 239(2); and

                     (b)  has been marked in accordance with paragraph 239(1)(a) so that, if it were not marked in accordance with subsection 239(2), it would not be informal by virtue of paragraph 268(1)(b);

the ballot-paper shall, for the purposes of sections 272 and 273, be deemed not to have been marked in accordance with subsection 239(2).

            (3)  For the purposes of this section and sections 272 and 273, a voter shall not be taken to have marked a vote in accordance with subsection 239(2) if the voter has placed a preference mark in 2 or more of the squares printed on the ballot-paper in accordance with subsection 211(5) or 211A(6).

            (4)  In this section, preference mark means a tick, a cross or the figure 1.

270  Certain votes with non-consecutive numbers to be formal

            (1)  Where a ballot-paper in a Senate election:

                     (a)  has the number 1 in the square opposite to the name of a candidate and does not have that number in the square opposite to the name of another candidate;

                     (b)  has:

                             (i)  in a case where there are more than 9 candidates in the election—in not less than 90% of the squares opposite to the names of candidates, numbers in a sequence of consecutive numbers commencing with the number 1 or numbers that with changes to no more than 3 of them would be in such a sequence; or

                            (ii)  in any other case—in all the squares opposite to the names of candidates or in all those squares except one square that is left blank, numbers in a sequence of consecutive numbers commencing with the number 1 or numbers that with changes to no more than 2 of them would be in such a sequence; and

                     (c)  but for this subsection, would be informal by virtue of paragraph 268(1)(b);

then:

                     (d)  the ballot-paper shall not be informal by virtue of that paragraph;

                     (e)  the number 1 shall be taken to express the voter’s first preference;

                     (f)  where numbers in squares opposite to the names of candidates are in a sequence of consecutive numbers commencing with the number 1—the voter shall be taken to have expressed a preference by the other number, or to have expressed preferences by the other numbers, in that sequence; and

                     (g)  the voter shall not be taken to have expressed any other preference.

            (2)  Where a ballot-paper in a House of Representatives election in which there are 3 or more candidates:

                     (a)  has the number 1 in the square opposite to the name of a candidate;

                     (b)  has other numbers in all the other squares opposite to the names of candidates or in all those other squares except one square that is left blank; and

                     (c)  but for this subsection, would be informal by virtue of paragraph 268(1)(c);

then:

                     (d)  the ballot-paper shall not be informal by virtue of that paragraph;

                     (e)  the number 1 shall be taken to express the voter’s first preference;

                     (f)  where numbers in squares opposite to the names of candidates are in a sequence of consecutive numbers commencing with the number 1—the voter shall be taken to have expressed a preference by the other number, or to have expressed preferences by the other numbers, in that sequence; and

                     (g)  the voter shall not be taken to have expressed any other preference.

            (3)  In considering, for the purposes of subsection (1) or (2), whether numbers are in a sequence of consecutive numbers, any number that is repeated shall be disregarded.

271  Officers not to mark ballot-papers so that voter can be identified

Except as authorized by this Act or the regulations, an officer shall not place upon any ballot-paper any mark or writing which would enable any person to identify the voter by whom it is used.

Penalty: $1,000.

272  Senate ballot-papers deemed to be marked according to group voting tickets

            (1)  For the purposes of section 273, where:

                     (a)  a ballot-paper in a Senate election has been marked in accordance with subsection 239(2) by a mark having been placed in a square printed above the names of candidates in a group; and

                     (b)  the candidates in that group have only one group voting ticket registered for the purposes of that election;

that ballot-paper shall be deemed to have been marked in accordance with that ticket.

            (2)  For the purposes of section 273, where:

                     (a)  in a Senate election, a ballot-paper has, or ballot-papers have, been marked in accordance with subsection 239(2) by a mark having been placed in a square printed above the names of candidates in a group; and

                     (b)  the candidates in that group have 2 group voting tickets registered for the purposes of that election;

then:

                     (c)  if the number of ballot-papers is an even number—half of the ballot-papers shall be taken to have been marked in accordance with one of the tickets and the other half in accordance with the other ticket; or

                     (d)  if the number of ballot-papers is not an even number:

                             (i)  one of the ballot-papers shall be deemed to have been marked in accordance with whichever of the 2 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory; and

                            (ii)  half the remainder (if any) of the ballot-papers shall be deemed to have been marked in accordance with one of the tickets and the other half in accordance with the other ticket.

            (3)  For the purposes of section 273 where:

                     (a)  in a Senate election a ballot-paper has, or ballot-papers have, been marked in accordance with subsection 239(2) by a mark having been placed in a square printed above the names of candidates in a group; and

                     (b)  the candidates in that group have 3 group voting tickets registered for the purposes of that election;

then:

                     (c)  if the number of ballot-papers is a number divisible by 3 without any remainder—one-third of the ballot-papers shall be taken to have been marked in accordance with one of the tickets, one-third of the ballot-papers shall be taken to have been marked in accordance with another one of the tickets and the other one-third in accordance with the other ticket;

                     (d)  if there is only one ballot-paper or the number of ballot-papers is a number divisible by 3 with a remainder of 1:

                             (i)  the ballot-paper or one of the ballot-papers shall be deemed to have been marked in accordance with whichever of the 3 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory; and

                            (ii)  one-third of the remainder of the ballot-papers (if any) shall be deemed to have been marked in accordance with one of the tickets, one-third of that remainder shall be deemed to have been marked in accordance with another one of the tickets and the other one-third of that remainder shall be deemed to have been marked in accordance with the other ticket; or

                     (e)  if there are 2 ballot-papers or the number of ballot-papers is a number divisible by 3 with a remainder of 2:

                             (i)  one of the ballot-papers shall be taken to have been marked in accordance with whichever of the 3 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory;

                            (ii)  one of the ballot-papers shall be taken to have been marked in accordance with whichever of the other 2 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory; and

                          (iii)  one-third of the remainder of the ballot-papers (if any) shall be deemed to have been marked in accordance with one of the tickets, one-third of that remainder shall be deemed to have been marked in accordance with another one of the tickets and the other one-third of that remainder shall be deemed to have been marked in accordance with the other ticket.

            (4)  Subsection (5) applies if, and only if, effect cannot be given to subsection (2) or (3), as the case requires, for any reason.

            (5)  For the purposes of section 273, where:

                     (a)  a ballot-paper in a Senate election has been marked in accordance with subsection 239(2) by a mark having been placed in a square printed above the names of candidates in a group; and

                     (b)  the candidates in that group have 2 or 3 group voting tickets registered for the purposes of that election;

then, to the extent that the preferences shown in each ticket commencing with the first preference are the same, the voter shall be taken to have marked the ballot-paper so as to express those preferences and the voter shall be taken not to have expressed any further preferences.

            (6)  Where, in a Senate election, a ballot-paper has, or ballot-papers have, been marked in accordance with subsection 239(2) by a mark having been placed in a square printed above the name of a candidate who has lodged a statement under section 211A, this section applies to that ballot-paper or those ballot-papers as if:

                     (a)  a reference to the candidates in a group were a reference to the candidate;

                     (b)  a reference to the names of the candidates in a group were a reference to the name of the candidate; and

                     (c)  a reference to a group voting ticket or group voting tickets registered for the purposes of the election were a reference to the order of preferences, or the orders of preferences, given in that statement, as the case may be.

273  Scrutiny of votes in Senate elections

            (1)  In a Senate election the scrutiny shall, subject to section 266, be conducted, and the several vacancies shall be filled, in the manner set out in this section.

            (2)  Each Assistant Returning Officer shall, in the presence of a polling official, and of such authorized scrutineers as may attend:

                     (a)  exhibit for the inspection of the scrutineers each ballot-box received from a presiding officer, electoral visitor or mobile polling team leader;

                   (aa)  record the condition of the ballot-box when it was received;

                   (ab)  check the accuracy of the statement forwarded with the ballot-box by the presiding officer, electoral visitor or mobile polling team leader by:

                             (i)  removing the ballot-papers from the box;

                            (ii)  counting, but not inspecting, them; and

                          (iii)  recording the number of ballot-papers removed from the box;

                     (b)  reject all informal ballot-papers, and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate;

                     (c)  count the first preference votes given for each candidate on all unrejected ballot-papers;

                     (d)  make out and sign a statement (which may be countersigned by a polling official, and, if they so desire, by such scrutineers as are present) setting out the number of first preference votes given for each candidate, and the number of informal ballot-papers;

                     (e)  place in a separate parcel all the ballot-papers which have been rejected as informal;

                     (f)  transmit the following information, by telegram or in some other expeditious manner, to the Divisional Returning Officer:

                             (i)  the number of first preference votes given for each candidate; and

                            (ii)  the total number of ballot-papers rejected as informal;

                     (g)  seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement; and

                     (h)  transmit the parcels to the Divisional Returning Officer with the least possible delay, together with the statement specified in paragraph (d).

            (3)  The Divisional Returning Officer shall open all ballot-boxes not opened by an Assistant Returning Officer, and shall conduct the scrutiny of the ballot-papers contained therein in the manner aforesaid as far as applicable.

            (4)  The Divisional Returning Officer shall, in the manner prescribed by this Act or the Regulations, examine, count, and deal with all ballot-papers used for casting declaration votes.

            (5)  The Divisional Returning Officer for a Division shall:

                     (a)  open the sealed parcels of ballot-papers received from the Assistant Returning Officers in or for the Division, and shall make a fresh scrutiny of the ballot-papers contained in the parcels, and for this purpose the officer shall have the same powers as if the fresh scrutiny were the original scrutiny, and may reverse any decision given by an Assistant Returning Officer in relation to the original scrutiny;

                     (b)  reject all informal ballot-papers and place them in a separate parcel, together with all informal ballot-papers rejected under subsections (3) and (4);

                     (c)  arrange the unrejected ballot-papers so scrutinized, together with the ballot-papers scrutinized pursuant to subsections (3) and (4), under the names of the respective candidates by placing in one parcel under the name of each candidate all the ballot-papers marked in accordance with subsection 239(2) on which a first preference is indicated for that candidate and in another parcel under the name of that candidate all the other ballot-papers on which a first preference is indicated for that candidate;

                     (d)  count the first preference votes given for each candidate on such ballot-papers, and transmit the following information, by telegram or in some other expeditious manner, to the Australian Electoral Officer:

                             (i)  the number of first preference votes given for each candidate:

                                        (A)  on ballot-papers marked in accordance with subsection 239(2); and

                                        (B)  on all other ballot-papers; and

                            (ii)  the total number of ballot-papers rejected as informal;

                     (e)  seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement; and

                     (f)  transmit with the least possible delay the parcels of unrejected ballot-papers marked otherwise than in accordance with subsection 239(2) to the Australian Electoral Officer and inform the Australian Electoral Officer, by telegram or in some other expeditious manner, of the transmission.

            (6)  Nothing in this section shall be taken to require the Australian Electoral Officer to retain in separate parcels ballot-papers received from different Divisional Returning Officers indicating first preferences for a particular candidate.

            (7)  Where, for the purposes of the succeeding provisions of this section:

                     (a)  the number of ballot-papers or votes in any category is required to be ascertained;

                     (b)  a quota, a transfer value or the order of standing of continuing candidates in a poll is required to be determined; or

                     (c)  a candidate is required to be identified;

the Australian Electoral Officer for the State shall ascertain the number, determine the quota, transfer value or order, or identify the candidate, as the case may be.

            (8)  The number of first preference votes given for each candidate and the total number of all such votes shall be ascertained and a quota shall be determined by dividing the total number of first preference votes by 1 more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by 1, and any candidate who has received a number of first preference votes equal to or greater than the quota shall be elected.

            (9)  Unless all the vacancies have been filled, the number (if any) of votes in excess of the quota (in this section referred to as surplus votes) of each elected candidate shall be transferred to the continuing candidates as follows:

                     (a)  the number of surplus votes of the elected candidate shall be divided by the number of first preference votes received by the candidate and the resulting fraction shall be the transfer value;

                     (b)  the total number of ballot-papers of the elected candidate that express the first preference vote for that candidate and the next available preference for a particular continuing candidate shall be multiplied by the transfer value, the number so obtained (disregarding any fraction) shall be added to the number of first preference votes of the continuing candidate and all those ballot-papers shall be transferred to the continuing candidate;

and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer shall be elected.

          (10)  Unless all the vacancies have been filled, the surplus votes (if any) of any candidate elected under subsection (9), or elected subsequently under this subsection, shall be transferred to the continuing candidates in accordance with paragraphs (9)(a) and (b), and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer shall be elected.

          (11)  Where a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under subsection (9) or (10) of the surplus votes of a particular elected candidate, no votes of any other candidate shall be transferred to the continuing candidate.

          (12)  For the purposes of the application of paragraphs (9)(a) and (b) in relation to a transfer under subsection (10) or (14) of the surplus votes of an elected candidate, each ballot-paper of the elected candidate that was obtained by the candidate on a transfer under this section shall be dealt with as if any vote it expressed for the elected candidate were a first preference vote, as if the name of any other candidate previously elected or excluded had not been on the ballot-paper and as if the numbers indicating subsequent preferences had been altered accordingly.

          (13)  Where, after the counting of first preference votes or the transfer of surplus votes (if any) of elected candidates, no candidate has, or fewer than the number of candidates required to be elected have, received a number of votes equal to the quota:

                     (a)  the candidate who stands lowest in the poll must be excluded; or

                     (b)  if a bulk exclusion of candidates may be effected under subsection (13A), those candidates must be excluded;

and the ballot papers of the excluded candidate or candidates must be distributed in accordance with subsection (13AA).

    (13AA)  Where a candidate is, or candidates are, excluded in accordance with this section, the ballot papers of the excluded candidate or candidates must be transferred as follows:

                     (a)  the total number of ballot papers:

                             (i)  expressing a first preference for an excluded candidate; or

                            (ii)  received by an excluded candidate on distribution from another excluded candidate at a transfer value of 1 vote;

                            being ballot papers expressing the next available preference for a particular continuing candidate must be transferred at a transfer value of 1 vote to the continuing candidate and added to the number of votes of the continuing candidate;

                     (b)  the total number (if any) of other ballot papers obtained by an excluded candidate or the excluded candidates, as the case may be, must be transferred beginning with the ballot papers received by that candidate or those candidates at the highest transfer value and ending with the ballot papers received at the lowest transfer value, as follows:

                             (i)  the total number of ballot papers received by the excluded candidate or candidates, as the case may be, at a particular transfer value and expressing the next available preference for a particular continuing candidate must be multiplied by that transfer value;

                            (ii)  the number so obtained (disregarding any fraction) must be added to the number of votes of the continuing candidate;

                          (iii)  all those ballot papers must be transferred to the continuing candidate.

       (13A)  The procedure for a bulk exclusion, and the circumstances in which such an exclusion may be made, are as follows:

                     (a)  a continuing candidate (in this subsection called Candidate A) shall be identified, if possible, who, of the continuing candidates who each have a number of notional votes equal to or greater than the vacancy shortfall, stands lower or lowest in the poll;

                     (b)  a continuing candidate (in this subsection called Candidate B) shall be identified, if possible, who:

                             (i)  stands lower in the poll than Candidate A, or if Candidate A cannot be identified, has a number of notional votes that is fewer than the vacancy shortfall;

                            (ii)  has a number of notional votes that is fewer than the number of votes of the candidate standing immediately higher than him or her in the poll; and

                          (iii)  if 2 or more candidates satisfy subparagraphs (i) and (ii)—is the candidate who of those candidates stands higher or highest in the poll;

                     (c)  in a case where Candidate B has been identified and has a number of notional votes fewer than the leading shortfall—Candidate B and any other continuing candidates who stand lower in the poll than that candidate may be excluded in a bulk exclusion; and

                     (d)  in a case where Candidate B has been identified and has a number of notional votes equal to or greater than the leading shortfall:

                             (i)  a continuing candidate (in this subsection called Candidate C) shall be identified who:

                                        (A)  has a number of notional votes that is fewer than the leading shortfall; and

                                        (B)  if 2 or more candidates satisfy sub-subparagraph (A)—is the candidate who of those candidates stands higher or highest in the poll; and

                            (ii)  Candidate C and all other continuing candidates who stand lower in the poll than that candidate may be excluded in a bulk exclusion.

       (13B)  Where, apart from this subsection, the number of continuing candidates after a bulk exclusion under subsection (13A) would be fewer than the number of remaining unfilled vacancies, subsection (13A) shall operate to exclude only the number of candidates, beginning with the candidate who stands lowest in the poll, that would leave sufficient continuing candidates to fill the remaining unfilled vacancies.

       (13C)  Notwithstanding any other provision of this section (other than subsection (18)), where a candidate or candidates has or have been elected and there are surplus votes as a result of that election, paragraphs (13A)(a), (b), (c) and (d) may be applied as if references in those paragraphs to notional votes were references to adjusted notional votes.

          (14)  Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of a transfer under subsection (13) or (15) of ballot-papers of an excluded candidate or candidates, as the case may be, shall be elected, and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected shall be transferred in accordance with paragraphs (9)(a) and (b), except that, where the candidate so elected is elected before all the ballot-papers of the excluded candidate or candidates, as the case may be, have been transferred, the surplus votes (if any) of the candidate so elected shall not be transferred until the remaining ballot-papers of the excluded candidate or candidates, as the case may be, have been transferred in accordance with paragraphs (13AA)(a) and (b) to continuing candidates.

          (15)  Subject to subsection (17) where, after the transfer of all of the ballot papers of an excluded candidate or the excluded candidates, as the case may be, no continuing candidate has received a number of votes greater than the quota:

                     (a)  the continuing candidate who stands lowest in the poll must be excluded; or

                     (b)  if a bulk exclusion of candidates may be effected under subsection (13A), those candidates must be excluded;

and the ballot papers of the excluded candidate or candidates must be transferred in accordance with subsection (13AA).

          (16)  Where a candidate is elected during a transfer of ballot-papers under subsection (13) or (15), no other ballot-papers of an excluded candidate or candidates, as the case may be, shall be transferred to the candidate so elected.

          (17)  In respect of the last vacancy for which two continuing candidates remain, the continuing candidate who has the larger number of votes shall be elected notwithstanding that that number is below the quota, and if those candidates have an equal number of votes the Australian Electoral Officer for the State shall have a casting vote but shall not otherwise vote at the election.

          (18)  Notwithstanding any other provision of this section, where the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates shall be elected.

          (19)  At the conclusion of the scrutiny, the Australian Electoral Officer shall place in parcels all the ballot-papers transmitted to the officer under subsection (5), seal up the parcels and indorse on each parcel a description of the contents thereof.

          (20)  For the purposes of this Act and the Representation Act 1983:

                     (a)  the order of election of candidates in a Senate election shall be taken to be in accordance with the order of the count as a result of which they were elected, the candidates (if any) elected on the count of first preference votes being taken to be the earliest elected; and

                     (b)  where 2 or more candidates are elected as a result of the same count, the order in which they shall be taken to have been elected shall be in accordance with the relative numbers of their votes, the candidate with the largest number of votes being taken to be the earliest elected, but if any 2 or more of those candidates each have the same number of votes, the order in which they shall be taken to have been elected shall be taken to be in accordance with the relative numbers of their votes at the last count before their election at which each of them had a different number of votes, the candidate with the largest number of votes at that count being taken to be the earliest elected, and if there has been no such count the Australian Electoral Officer for the State shall determine the order in which they shall be taken to have been elected.

          (21)  Subject to subsections (22) and (23), where, after any count under this section, 2 or more candidates have surplus votes, the order of any transfers of the surplus votes of those candidates shall be in accordance with the relative sizes of the surpluses, the largest surplus being transferred first.

          (22)  Subject to subsection (23), where, after any count under this section, 2 or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates shall be in accordance with the relative numbers of votes of those candidates at the last count at which each of those candidates had a different number of votes, the surplus of the candidate with the largest number of votes at that count being transferred first, but if there has been no such count the Australian Electoral Officer for the State shall determine the order in which the surpluses shall be dealt with.

          (23)  Where, after any count under this section, a candidate obtains surplus votes, those surplus votes shall not be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count.

          (25)  Where a candidate is elected by reason that the number of first preference votes received by the candidate, or the aggregate of first preference votes received by the candidate and all other votes obtained by the candidate on transfers under this section, is equal to the quota, all the ballot-papers expressing those votes shall be set aside as finally dealt with.

          (26)  A ballot-paper shall be set aside as exhausted where on a transfer it is found that the paper expresses no preference for any continuing candidate.

          (27)  In any case to which subsection 239(4) applies, a vote indicated on a ballot-paper opposite the name of a deceased candidate shall be counted to the candidate next in the order of the voter’s preference, and the numbers indicating subsequent preferences shall be deemed to be altered accordingly.

          (28)  For the purposes of this section:

                     (a)  a transfer under subsection (9), (10) or (14) of all the surplus votes of an elected candidate;

                     (b)  a transfer under paragraph (13AA)(a) of all ballot papers of an excluded candidate or excluded candidates, received by that candidate, or one of those candidates:

                             (i)  as the first preference vote; or

                            (ii)  on distribution from another excluded candidate at a transfer value of 1 vote; or

                     (c)  a transfer under paragraph (13AA)(b) of all ballot-papers received by the excluded candidate or candidates, as the case may be, at a particular transfer value;

each constitutes a separate transfer.

          (29)  In this section:

adjusted notional vote, in relation to a continuing candidate, means, in a case where a candidate or candidates has or have been elected, the sum of:

                     (a)  the number of notional votes of the continuing candidate; and

                     (b)  the number, before the transfer of any of the surplus votes, of those surplus votes.

continuing candidate means a candidate not already elected or excluded from the count.

leading shortfall, in relation to a particular stage during the scrutiny in a Senate election, means the shortfall of the continuing candidate standing highest in the poll at that stage.

notional vote, in relation to a continuing candidate, means the aggregate of the votes obtained by that candidate and the votes obtained by each other candidate who stands lower in the poll than him or her.

shortfall, in relation to a continuing candidate at a particular stage during the scrutiny in a Senate election, means the number of votes that the candidate requires at that stage in order to reach the quota referred to in subsection (8).

State includes Territory.

vacancy shortfall, in relation to a particular stage during the scrutiny in a Senate election, means the aggregate of the shortfalls of that number of leading candidates equal to the number of remaining unfilled vacancies, the leading candidates being ascertained by taking the continuing candidate who stands highest in the poll, the continuing candidate who stands next highest in the poll, and so on in the order in which the continuing candidates stand in the poll.

          (30)  In this section, a reference to votes, or ballot-papers, as the case may be, of or obtained or received by a candidate includes votes, or ballot-papers, as the case may be, obtained or received by the candidate on any transfer under this section.

          (31)  For the purposes of this section, at any time after the counting of first preference votes the order of standing of the continuing candidates in the poll shall be determined as follows:

                     (a)  subject to paragraph (b), the continuing candidates shall stand in the poll in the order of the relative number of votes of each continuing candidate, with the continuing candidate with the greatest number of votes standing highest in the poll and the continuing candidate with the fewest number of votes standing lowest in the poll;

                     (b)  if 2 or more continuing candidates have the same number of votes, those candidates shall stand in the poll in the order of the relative number of votes of each of those candidates at the last count at which each of them had a different number of votes, with the continuing candidate with the greater or greatest number of votes at that count standing higher in the poll and the continuing candidate with the fewer or fewest number of votes at that count standing lower in the poll, but if there has been no such count the Australian Electoral Officer for the State shall determine the order of standing of those candidates in the poll.

          (32)  When the last vacancy is filled, the scrutiny shall immediately cease and any exclusion in progress shall not be completed.

274   Scrutiny of votes in House of Representatives elections

            (1)  In a House of Representatives election the scrutiny shall, subject to section 266, be conducted in the manner set out in this section.

            (2)  Each Assistant Returning Officer shall, in the presence of a polling official, and of such authorized scrutineers as may attend:

                     (a)  exhibit for the inspection of the scrutineers each ballot-box received from a presiding officer, electoral visitor, or mobile polling team leader;

                   (aa)  record the condition of the ballot-box when it was received;

                   (ab)  check the accuracy of the statement of the presiding officer, electoral visitor or mobile polling team leader by:

                             (i)  removing the ballot-papers from the box;

                            (ii)  counting, but not inspecting, them; and

                          (iii)  recording the number of ballot-papers removed from the box;

                     (b)  reject all informal ballot-papers, and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate;

                     (c)  count the first preference votes given for each candidate on all unrejected ballot-papers;

                     (d)  make out and sign a statement (which may be countersigned by a polling official, and, if they so desire, by such scrutineers as are present) setting out the number of first preference votes given for each candidate, and the number of informal ballot-papers;

                     (e)  place in a separate parcel all the ballot-papers which have been rejected as informal;

                     (f)  transmit the following information, by telegram or in some other expeditious manner, to the Divisional Returning Officer:

                             (i)  the number of first preference votes given for each candidate; and

                            (ii)  the total number of ballot-papers rejected as informal;

                     (g)  seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement; and

                     (h)  transmit the parcels to the Divisional Returning Officer with the least possible delay, together with the statement specified in paragraph (d).

         (2A)  If, in a House of Representatives election, there are more than 2 candidates for a Division, the Australian Electoral Officer for the State or Territory that includes the Division must, in writing, direct the Assistant Returning Officers for the Division also to count such preference votes (other than first preference votes), on such of the ballot papers, as, in the opinion of the Australian Electoral Officer, will provide an indication of which candidate is most likely to be elected for the Division.

         (2B)  An Assistant Returning Officer to whom a direction is given under subsection (2A) must:

                     (a)  count the preference votes in accordance with the direction; and

                     (b)  transmit to the Divisional Returning Officer any information required by the direction;

in the manner specified in the direction.

            (3)  The Divisional Returning Officer shall open all ballot-boxes not opened by an Assistant Returning Officer, and shall conduct the scrutiny of the ballot-papers contained therein in the manner aforesaid as far as applicable.

            (4)  The Divisional Returning Officer shall, in the manner prescribed by this Act or the Regulations, examine, count, and deal with all ballot-papers used for casting declaration votes.

            (7)  The; Divisional Returning Officer:

                     (a)  shall open the sealed parcels of ballot-papers received from the Assistant Returning Officers in or for the Division;

                     (b)  shall make a fresh scrutiny of the ballot-papers contained in the parcels, and, for the purpose of that scrutiny, shall have the same powers as if it were the original scrutiny, and may reverse any decision given by an Assistant Returning Officer in relation to the original scrutiny;

                     (c)  from the result of the scrutiny of the votes counted under the provisions of subsections (3) and (4), and the fresh scrutiny conducted under the provisions of this subsection, shall ascertain the total number of first preference votes given for each candidate and the number of informal ballot-papers; and

                     (d)  shall proceed with the scrutiny and the counting of the votes as follows:

                             (i)  the candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to the candidate shall be counted to the candidate next in the order of the voter’s preference;

                            (ii)  the process of excluding the candidate who has the fewest votes, and counting each of his or her ballot-papers to the unexcluded candidate next in the order of the voter’s preference, shall be repeated until only 2 candidates remain in the count; and

                          (iii)  if, following the ascertainment of the first preference votes given for each candidate or the exclusion of candidates under this paragraph, a candidate has an absolute majority of votes, that candidate shall be elected.

         (7A)  The fresh scrutiny referred to in paragraph (7)(b) shall, if the Australian Electoral Officer for the State or Territory that includes the relevant Division so directs in writing, include a scrutiny of such preferences (other than first preferences), on such of the ballot-papers, as are required by the direction, and shall be conducted in the manner specified in the direction.

            (8)  A ballot-paper shall be set aside as exhausted where on a count it is found that the ballot-paper expresses no preference for any unexcluded candidate.

            (9)  If, on any count, 2 or more candidates have an equal number of votes and one of them has to be excluded, the Divisional Returning Officer shall decide which of them shall be excluded.

         (9A)  If, in the final count, 2 or more candidates have an equal number of votes, the Divisional Returning Officer shall make a fresh scrutiny of the votes scrutinised under subsection (7) and a fresh scrutiny of all declaration ballot-papers rejected at the preliminary scrutiny.

         (9B)  If, after the fresh scrutinies referred to in subsection (9A), a candidate has received an absolute majority of votes, that candidate shall be elected.

         (9C)  If, after the fresh scrutinies referred to in subsection (9A), 2 or more candidates have an equal number of votes, the Divisional Returning Officer shall give to the Electoral Commissioner written notice that the election cannot be decided.

          (10)  Subject to subsection (11), in this section an absolute majority of votes means a greater number than one-half of the whole number of ballot-papers other than informal ballot-papers.

          (11)  For the purposes of subsection (10), if at any stage of a count, ballot-papers have been set aside under subsection (8), the whole number of ballot-papers, at that stage, shall be taken to be reduced by the number of those ballot-papers set aside.

          (12)  The Divisional Returning Officer shall:

                     (a)  place in a separate parcel all the ballot-papers which have been rejected as informal;

                     (b)  place in a separate parcel all the unrejected ballot-papers; and

                     (c)  seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement.

          (13)  The Divisional Returning Officer for a Division shall not vote in a House of Representatives election for the Division.

275  Scrutiny prior to receipt of declaration ballot-papers

Where the Australian Electoral Officer, in the case of a Senate election, or the Divisional Returning Officer, in the case of a House of Representatives election, is satisfied that the votes:

                     (a)  on any ballot-papers issued at some remote polling place in connexion with the election which have not been received by the Divisional Returning Officer; or

                     (b)  on ballot-papers used for casting declaration votes and not dealt with under section 266;

cannot, having regard to the number of those ballot-papers, possibly affect the result of the election, the Australian Electoral Officer, in the case of a Senate election, or the Divisional Returning Officer, in the case of a House of Representatives election, may, subject to the concurrence of the Electoral Commissioner, proceed with the scrutiny without awaiting the receipt of the ballot-papers, or completing the action, as the case may be.

276  Provisional scrutiny

Where a Divisional Returning Officer in a House of Representatives election has counted all votes on ballot-papers (other than ballot-papers referred to in paragraph 275(b)) and section 275 does not apply, he or she may, if directed to do so by the Australian Electoral Officer, proceed, in a manner specified in the directions, with a scrutiny of second and later preferences shown on the ballot-papers.

277  Scrutiny for information

After a candidate is elected in accordance with subsection 274(7) in a House of Representatives election, the Electoral Commission may, for the purpose of obtaining information, give the Divisional Returning Officer who conducted the scrutiny directions for the examination of the second and later preferences of candidates and for the distribution of those preferences in a manner specified in the directions, and the Divisional Returning Officer shall comply with those directions.

278  Re-count at Senate elections

            (1)  At any time before the declaration of the result of a Senate election the Australian Electoral Officer may, on the written request of any candidate setting forth the reasons for the request, or of the officer’s own motion, direct or conduct a re‑count of the ballot-papers contained in any parcel or in any other category determined by the Australian Electoral Officer.

            (2)  If the Australian Electoral Officer refuses a request of a candidate under subsection (1), the candidate may, in writing, appeal to the Electoral Commissioner to direct a re-count of the ballot-papers to which the request relates, and the Electoral Commissioner has a discretion either to direct a re-count of the ballot-papers or refuse to direct a re-count.

279  Re-count at House of Representatives elections

At any time before the declaration of the result of a House of Representatives election the Divisional Returning Officer may, on the request of any candidate setting forth the reasons for the request, or of the officer’s own motion, and shall, if so directed by the Electoral Commissioner or the Australian Electoral Officer, re-count the ballot-papers contained in any parcel or in any other category determined by the Australian Electoral Officer or the Electoral Commissioner.

279A  Notice of re-count

Before re-counting any ballot-papers, the DRO shall send to each candidate notice of the date, time and place fixed for the re-count.

279B  Conduct of re-count

            (1)  At the time and place fixed for the re-count and in the presence of any scrutineers who attend and of an officer of the Australian Public Service, the DRO shall open every sealed parcel of ballot-papers to be re-counted and count the votes in the parcel.

            (2)  A parcel containing ballot-papers to be re-counted shall be opened without destroying or rendering illegible any writing on the parcel and the contents of the parcel shall not be allowed to become mixed with ballot-papers from any other parcel.

            (3)  After the votes in a parcel have been counted, the DRO shall replace the ballot-papers in their original cover, reseal and refasten the cover, place the resealed parcel in a new cover, and seal and fasten the new cover.

            (4)  The DRO shall write on the new cover a statement of the fact and date of the re-count of the votes in the cover and, along with such of the persons present who choose to add their signatures, shall sign the statement.

            (5)  The DRO shall place any ballot-papers reserved for the decision of the Australian Electoral Officer in a sealed and fastened parcel bearing the signatures of the DRO and the scrutineers who choose to add their signatures and a note of the number of ballot-papers in the parcel, the name of the Division and the date.

            (6)  The DRO shall place the parcel in a sealed and fastened outer cover addressed to the Australian Electoral Officer and, without delay, send the parcel to the Australian Electoral Officer by hand, registered post or courier service.

            (7)  The Australian Electoral Officer shall open the parcel in the presence of an officer of the Australian Public Service and of any scrutineer who attends and shall:

                     (a)  scrutinise the ballot-papers; and

                     (b)  mark each ballot-paper “admitted” or “rejected” according to his or her decision.

            (8)  After scrutinising all the ballot-papers, the Australian Electoral Officer shall restore them to their original cover, refasten and reseal the cover, and write on the cover:

                     (a)  the number of ballot-papers contained in the cover; and

                     (b)  a statement that all ballot-papers have been the subject of decisions by him or her.

            (9)  The Australian Electoral Officer shall sign the cover, along with such other persons present when the ballot-papers were scrutinised as choose to add their signatures.

          (10)  The Australian Electoral Officer shall then enclose the parcel in a new cover, fasten and seal the cover and send the parcel to the DRO by hand, registered post or courier service.

          (11)  The Australian Electoral Officer shall inform the DRO in writing of the numbers of ballot-papers admitted or rejected by him or her, and the DRO shall complete the re-count on the basis of the Australian Electoral Officer’s decision.

          (12)  The receipt of a parcel of ballot-papers by the DRO or the Australian Electoral Officer shall be acknowledged in writing.

280  Powers of officer conducting re-count

The officer conducting a re-count shall have the same powers as if the re-count were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance and admission or disallowance and rejection of any ballot-paper.

281  Reservation of disputed ballot-papers

            (1)  The officer conducting a re-count may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Australian Electoral Officer.

            (2)  The Australian Electoral Officer shall decide whether any ballot-paper so reserved is to be allowed and admitted or disallowed and rejected.

            (3)  In the event of the validity of the election being disputed, the Court of Disputed Returns may consider any ballot-papers which were reserved for the decision of the Australian Electoral Officer, but shall not order any further re-count of the whole or any part of the ballot-papers in connexion with the election unless it is satisfied that the re-count is justified.

282  Re-count of Senate votes to determine order of election in other circumstances

            (1)  Where the scrutiny in an election of Senators for a State held following a dissolution of the Senate under section 57 of the Constitution has been completed, the Australian Electoral Officer for that State shall conduct a re-count of the ballot-papers in the election in accordance with subsections 273(7) to (30) (inclusive) as if:

                     (a)  in subsection 273(8) “half” were inserted before “the number of candidates”; and

                     (b)  the only names of candidates appearing on the ballot-papers were the names of the candidates elected at the election and the numbers indicating preferences had been altered accordingly.

            (2)  Sections 280 and 281 do not apply in relation to a re-count under subsection (1).

            (3)  The result obtained in a re-count under subsection (1) in relation to a Senate election shall not affect the result of that election.

            (4)  Where, in a Senate election:

                     (a)  an elector has marked a ballot-paper according to subsection 239(2); and

                     (b)  the elector has also marked the ballot-paper in such a way that, had it not been marked according to subsection 239(2), the ballot-paper would have been informal;

the ballot-paper shall be treated, for the purposes of this section, as if the only marking on the ballot-paper were the marking according to subsection 239(2).

Part XIXThe Return of the Writs

Do not delete : Division placeholder

283  Return of writ for election of Senators

            (1)  In elections for the Senate, the Australian Electoral Officer shall, as soon as conveniently may be after the result of the election has been ascertained:

                     (a)  at the place of nomination declare the result of the election and the names of the candidates elected;

                     (b)  by a signed indorsement on the writ certify the names of the candidates elected, and return the writ to the Governor of the State in respect of which it was issued or, if it was not issued in respect of a State, to the Governor-General.

284  Declaration of poll and return of writs for House of Representatives

            (1)  As soon as practicable after it has been ascertained that a candidate in a House of Representatives election has been elected, the Divisional Returning Officer shall, at the place of nomination, publicly declare the name of the candidate.

            (2)  Where the Divisional Returning Officer:

                     (a)  is satisfied that certain ballot-papers, issued at some remote polling place in connexion with the election, cannot reach the Divisional Returning Officer for the purpose of the scrutiny without unduly delaying the declaration of the poll, or

                     (b)  cannot complete the inquiries required by section 266 without unduly delaying the declaration of the poll, and

                     (c)  in either case, is satisfied that the votes recorded on those ballot-papers could not possibly affect the result of the election;

the Divisional Returning Officer may, subject to the concurrence of the Electoral Commissioner, declare the result of the election without awaiting the receipt of the ballot-papers or the completion of inquiries, as the case may be.

         (2A)  As soon as practicable after all votes cast in a House of Representatives election have been dealt with, the Divisional Returning Officer shall send to the Electoral Commissioner a written statement setting out the number of votes received by each candidate in the election.

            (3)  Where, in the case of a general election, all DROs for a State or Territory have made declarations under subsection (1), other than a DRO who has given notice to the Electoral Commissioner under subsection 274(9C), the Electoral Commissioner must certify in writing on the writ for the election the name of each candidate elected for each Division in the State or Territory, other than a Division for which notice under subsection 274(9C) has been given, and return the writ to the Governor-General.

            (4)  Where, in the case of a House of Representatives election, the DRO for the Division in which an election was held has made a declaration under subsection (1), the Electoral Commissioner must certify in writing on the writ for the election the name of the candidate elected for the Division and return the writ to the Speaker or Governor-General, as the case requires.

285  Correction of errors

Any delay, error, or omission in the printing, preparation, issue, transmission, or return of any roll, writ, ballot-papers, or certified list of voters, may be remedied, removed, rectified, and supplied by proclamation specifying the matter dealt with, and providing for the course to be followed, and such course shall be valid and sufficient.

286  Extension of time

Notwithstanding any other provision of this Act, before or after the day appointed for any election the person causing the writ to be issued may, by notice published in the Gazette, provide for extending the time for holding the election, or for holding the election in a specified Division, or for returning the writ, or meeting any difficulty which might otherwise interfere with the due course of the election; and any provisions so made shall be valid and sufficient and any date provided for in lieu of a date fixed by the writ shall be deemed to be the date so fixed:

Provided that:

                     (a)  public notice shall be immediately given in the State, Territory or Division for which the election is to be held of any extension of the time for holding the election.

Part XXElection Funding and Financial Disclosure

Division 1Preliminary

287  Interpretation

            (1)  In this Part, unless the contrary intention appears:

associated entity means an entity that:

                     (a)  is controlled by one or more registered political parties; or

                     (b)  operates wholly or mainly for the benefit of one or more registered political parties.

broadcast includes televise.

broadcaster means:

                     (a)  the Australian Broadcasting Corporation constituted under the Australian Broadcasting Corporation Act 1983;

                     (b)  the Special Broadcasting Service Corporation preserved and continued in existence under section 5 of the Special Broadcasting Service Act 1991;

                     (c)  the holder of a licence under the Broadcasting Services Act 1992; or

                     (d)  the provider of a broadcasting service under a class licence under that Act.

disclosure period, in relation to an election, means the period that commenced:

                     (b)  in the case of a candidate in the election (including a member of a group) who had been a candidate in a general election or by-election the polling day in which was within 4 years before polling day in the election or in a Senate election the polling day in which was within 7 years before polling day in the election—at the end of 30 days after polling day in the last such general election, by-election or Senate election in which the person was a candidate;

                     (c)  in the case of a candidate in the election (including a member of a group) who had not been a candidate in a general election or by-election the polling day in which was within 4 years before polling day in the relevant election or in a Senate election the polling day in which was within 7 years before polling day in the relevant election—on the day on which the person announced that he or she would be a candidate in the election or on the day on which the person nominated as a candidate, whichever was the earlier;

                     (d)  in the case of a person who, when he or she became a candidate in the relevant election, was a Senator holding office under section 15 of the Constitution but was not a person who had been a candidate in a general election or by-election the polling day in which was within 4 years before polling day in the relevant election or in a Senate election the polling day in which was within 7 years before polling day in the relevant election—on the day on which the person was chosen or appointed under section 15;

                     (e)  in the case of a group—on the day on which the members made a request under section 168; and

                     (f)  in the case of a person or organisation to which subsection 305(1) or 305A(1) applies—at the end of 30 days after the polling day in the last general election or election of Senators for a State or Territory;

and ended 30 days after polling day in the election.

disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes:

                     (a)  the allotment of shares in a company;

                     (b)  the creation of a trust in property;

                     (c)  the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;

                     (d)  the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property;

                     (e)  the exercise by a person of a general power of appointment of property in favour of any other person; and

                     (f)  any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of any other person.

division, in relation to a State branch of a political party, includes a branch of the State branch of the political party.

election means an election of a member of the House of Representatives or an election of senators for a State or Territory.

election period, in relation to an election, means the period commencing on the day of issue of the writ for the election and ending at the latest time on polling day at which an elector in Australia could enter a polling booth for the purpose of casting a vote in the election.

eligible vote means a vote in respect of which, by virtue of section 294, a payment under Division 3 may be made.

entitlement means an entitlement under section 294 in respect of an election.

entity means:

                     (a)  an incorporated or unincorporated body;

                     (b)  the trustee of a trust.

financial controller, in relation to an associated entity, means:

                     (a)  if the entity is a company—the secretary of the company;

                     (b)  if the entity is the trustee of a trust—the trustee;

                     (c)  in other cases—the person responsible for maintaining the financial records of the entity.

gift means any disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money’s worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration, but does not include:

                     (a)  a payment under Division 3; or

                     (b)  an annual subscription paid to a political party, to a State branch of a political party or to a division of a State branch of a political party by a person in respect of the person’s membership of the party, branch or division.

group means a group of 2 or more candidates nominated for election to the Senate who have their names grouped in the ballot-papers in accordance with section 168.

journal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.

polling day, in relation to an election, means the day fixed for polling in the election.

property includes money.

registered, in relation to an election, means registered, before the day of issue of the writ for the election, under Part XI.

registered industrial organisation means an organisation registered under the Workplace Relations Act 1996 or under a law of a State or Territory concerning the registration of industrial organisations.

State branch, in relation to a political party, means a branch or division of the party that is organized on the basis of a particular State or Territory.

            (2)  Where, under this Part, a claim is to be lodged, a notice is to be given or a return is to be furnished to the Electoral Commission, the claim, notice or return shall be taken to be so lodged, given or furnished if it is lodged at the principal office of the Electoral Commission in Canberra.

            (3)  A reference in this Part to things done by or with the authority of a political party, a State branch of a political party or a division of a State branch of a political party shall, if the party, branch or division is not a body corporate, be read as a reference to things done by or with the authority of members or officers of the party, branch or division on behalf of the party, branch or division.

            (4)  A reference in this Part to a political party, other than a reference to the endorsement of a candidate or group in an election, shall be read as not including a reference to a part of the political party.

         (4A)  In relation to a political party that does not have State branches or that only carries on activities in one State or Territory:

                     (a)  a reference in another Division of this Part (other than Division 2) to a State branch of a political party is a reference to the party; and

                     (b)  a reference to the agent of a State branch of a political party is:

                             (i)  a reference to the agent of the party in respect of the relevant State or Territory; or

                            (ii)  if the party does not have an agent in respect of that State or Territory—a reference to the agent of the party.

            (5)  For the purposes of this Part, the amount or value of a gift consisting of or including a disposition of property other than money shall, if the regulations so provide, be determined in accordance with principles set out or referred to in the regulations.

            (6)  For the purposes of this Part:

                     (a)  a body corporate and any other body corporate that is related to the first-mentioned body corporate shall be deemed to be the same person; and

                     (b)  the question whether a body corporate is related to another body corporate shall be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Companies Act 1981.

            (7)  For the purposes of this Part, an advertisement relates to an election if it contains electoral matter, whether or not consideration was given for the publication or broadcasting of the advertisement.

287A  Campaign committee to be treated as part of State branch of party

            (1)  Divisions 4, 5 and 5A apply as if a campaign committee of an endorsed candidate or endorsed group were a division of the relevant State branch of the political party that endorsed the candidate or the members of the group.

            (2)  In subsection (1):

campaign committee, in relation to a candidate or group, means a body of persons appointed or engaged to form a committee to assist the campaign of the candidate or group in an election.

endorsed candidate means a candidate who is endorsed by a registered political party.

endorsed group means a group all of the members of which are endorsed by the same registered political party.

relevant State branch, in relation to a political party, means:

                     (a)  if the party has 2 or more State branches—the State branch of the party for the State or Territory in which the election is held; and

                     (b)  in any other case—the party.

Division 2Agents

288  Agents of political parties

            (1)  A political party shall have an agent for the purposes of this Part.

            (2)  A political party that carries on activities in 2 or more States or Territories shall also have an agent for the purposes of this Part in respect of each of those States or Territories.

            (3)  The agent of a political party in respect of a State or Territory in which the party has a State branch shall be appointed by the State branch.

288A  Principal agents

            (1)  For the purposes of Division 3, the political party registered as Australian Democrats may appoint a principal agent.

            (2)  A principal agent is to be appointed by the registered officer of the registered political party. Written notification of this appointment is to be given to the Electoral Commission.

            (3)  Where a principal agent is appointed under this section, he or she is:

                     (a)  to receive any amount payable under section 299; and

                     (b)  to report expenditure of funds received under section 299 as if the expenditure were electoral expenditure under section 309.

            (4)  Subject to subsection (5), a principal agent is not to be taken to be an agent for the purposes of this Act.

            (5)  A principal agent is to be taken to be an agent for the purposes of Division 2 other than sections 288, 289 and 292B.

289  Appointment of agents by candidates and groups

            (1)  A candidate in an election (including a member of a group of candidates) may appoint a person to be the agent of the candidate, for the purposes of this Part, in relation to the election.

            (2)  Subject to subsection (2A), the members of a group of candidates in an election may appoint a person to be the agent of the group, for the purposes of this Part, in relation to the election.

         (2A)  Where all the members of a group of candidates in a Senate election have been endorsed by the same registered political party, the agent of the State branch of the party organised on the basis of the State or Territory in which the election is to be held is the agent of the group, for the purposes of this Part, in relation to the election.

            (3)  During any period during which there is no appointment in force under subsection (1) of an agent of a candidate, the candidate shall be taken to be his or her own agent for the purposes of this Part.

            (4)  During any period during which there is no appointment in force under subsection (2) of an agent of a group, the candidate whose name is to appear first in the group in the ballot-papers shall be taken to be the agent of the group for the purposes of this Part.

290  Requisites for appointment

            (1)  An appointment of an agent under section 288 or 289 has no effect unless:

                     (a)  the person appointed is a natural person who has attained the age of 18 years;

                     (b)  written notice of the appointment is given to the Electoral Commission:

                             (i)  where the appointment is made by a political party or a State branch of a political party—by the party or branch, as the case may be; and

                            (ii)  in any other case—by the candidate, or each member of the group, making the appointment;

                     (c)  the name and address of the person appointed are set out in the notice; and

                     (d)  the person appointed:

                             (i)  has signed a form of consent to the appointment; and

                            (ii)  has signed a declaration that he or she is eligible for appointment.

         (1A)  A consent or declaration under subsection (1) may be incorporated in, or written on the same paper as, a notice under that subsection.

            (2)  Where a person who is the agent of a political party, of a candidate or of a group is convicted of an offence against this Part in relation to a particular election, the person is not eligible to be appointed or to hold office as an agent for the purposes of this Part for the purposes of any subsequent election.

            (3)  An appointment (other than an appointment by a political party or a State branch of a political party) is not effective in relation to anything required by this Part to be done:

                     (a)  in respect of a return under this Part in relation to an election; or

                     (b)  during a specified period after polling day in an election;

if notice of the appointment was given to the Commission after the close of nominations for the election.

291  Register of Party Agents

            (1)  The Electoral Commission shall keep a register called the Register of Party Agents.

            (2)  There shall be entered in the Register the name and address of every person appointed to be an agent of a political party for the purposes of this Part.

292  Effect of registration etc.

            (1)  The appointment of an agent by a political party:

                     (a)  takes effect on the entry of the name and address of the agent in the Register of Party Agents; and

                     (b)  ceases to have effect if the name and address of the agent are removed from the Register.

            (2)  The name and address of a person shall not be removed from the Register unless:

                     (a)  the person gives to the Electoral Commission written notice that he or she has resigned the appointment as agent;

                     (b)  the political party or State branch that appointed the person gives to the Electoral Commission written notice that the person has ceased to be an agent of the party and also gives notice under subsection 290(1) of the appointment of another person as agent of the party; or

                     (c)  the person is convicted of an offence against this Part.

            (3)  If a person who is an agent of a political party dies, the party or the State branch by which the person was appointed shall, within 28 days after the death of the person, give to the Electoral Commission:

                     (a)  written notice of the death; and

                     (b)  notice under subsection 290(1) of the appointment of a person as agent in place of the first-mentioned person.

            (4)  Where a person who is an agent of a political party is convicted of an offence against this Part, the party or State branch that appointed the person shall give notice under subsection 290(1) of a fresh appointment within 28 days after the conviction or, if an appeal against the conviction is instituted and the conviction is affirmed, within 28 days after the appeal is determined.

292A  Evidence of appointment

An entry in the Register of Party Agents is, for all purposes, conclusive evidence that the person described in the entry is the agent, for the purposes of this Part, of the political party named in the entry.

292B  Responsibility for action when agent of party or branch dead or appointment vacant

Where:

                     (a)  Division 4, 5 or 5A imposes an obligation on the agent of a political party or of a State branch of the party; and

                     (b)  there is no agent of the party or branch, as the case may be;

the obligation rests upon each member of the executive committee of the party or branch, and this Act applies to each such member as if the obligation rested upon that member alone.

292C  Revocation of appointment of agent of candidate or group

            (1)  A candidate or the members of a group may, by giving written notice to the Electoral Commission, revoke the appointment of a person as the agent of the candidate or group, as the case may be.

            (2)  A notice under subsection (1) has no effect unless it is signed by the candidate or by each member of the group, as the case requires.

292D  Notice of death or resignation of agent of candidate or group

If the agent of a candidate or group dies or resigns, the candidate or a member of the group shall, without delay, give to the Electoral Commission notice in writing of the death or resignation.

Division 3Election funding

294  General entitlement to funds

            (1)  Subject to this Division, $1.50 is payable for each first preference vote given for a candidate in a House of Representatives election.

            (2)  Subject to this Division, $1.50 is payable for each first preference vote given for a candidate or group in a Senate election.

            (4)  A reference in this section to a first preference vote shall be read as not including a reference to a vote that has been rejected as informal in the poll concerned.

297  Payment not to be made in certain circumstances

            (1)  A payment under this Division shall not be made in respect of votes given in an election for a candidate unless the total number of eligible votes polled in the candidate’s favour is at least 4% of the total number of eligible votes polled in favour of all of the candidates in the election.

            (2)  A payment under this Division shall not be made in respect of votes given in an election for a group unless the total number of eligible votes polled in favour of the group is at least 4% of the total number of formal first preference votes cast in the election.

299  Making of payments

            (1)  Where an amount is payable under this Division in respect of votes given in an election or elections for a candidate or candidates endorsed by a registered political party, the Electoral Commission shall make the payment to the agent of the State branch of the party that is organized on the basis of the State or Territory in which the candidate or candidates stood for election or, where section 288A applies, to the principal agent of the party.

            (2)  Where an amount is payable under this Division in respect of votes given in an election for a candidate, the Electoral Commission shall make the payment to the agent of the candidate.

            (3)  Where an amount is payable under this Division in respect of votes given in a Senate election for a group, the Electoral Commission shall make the payment to the agent of the group.

            (4)  Where an amount is payable under this Division in respect of votes given in a Senate election for a group, the Electoral Commission shall:

                     (a)  where the members of the group were endorsed by one registered political party—make the payment to the agent of the State branch of the party that is organized on the basis of the State or Territory in which the members of the group stood for election or where section 288A applies, to the principal agent of the party; or

                     (b)  where the members of the group were endorsed by 2 registered political parties:

                             (i)  divide the payment into such shares as are agreed upon between the agents of the State branches of those parties that are organized on the basis of the State or Territory in which the members of the group stood for election or, in the absence of agreement, into such shares as the Electoral Commission determines; and

                            (ii)  pay to each of those agents the share applicable to the agent in accordance with that agreement or that determination, as the case may be.

            (5)  An agreement referred to in subparagraph (4)(b)(i) does not have effect unless a copy of the agreement signed by the agents referred to in that subparagraph is lodged with the Electoral Commission before the 20th day after the polling day in the election.

         (5A)  A notice may be lodged with the Electoral Commission for the purposes of this section requesting that payments that would otherwise be made to the agent of a party specified in the notice are to be paid instead to the agent of another party specified in the notice. In this subsection, party means a registered political party or a State branch of a registered political party.

         (5B)  A notice under subsection (5A):

                     (a)  must be signed by the agent of each of the parties specified in the notice; and

                     (b)  can only be withdrawn by a notice lodged with the Electoral Commission and signed by the agent of each of those parties.

         (5C)  If a notice is lodged under subsection (5A), payments under this section must be made in accordance with the notice for any election for which the polling day is:

                     (a)  after the day on which the notice was lodged; and

                     (b)  before the day (if any) on which the notice is withdrawn.

         (5D)  Where the Electoral Commission is required to make a payment under this section in respect of an entitlement:

                     (a)  at least 95% of the entitlement (calculated on the basis of the votes counted as at the 20th day after the polling day in the election) must be paid as soon as possible after that 20th day; and

                     (b)  any balance must be paid as soon as possible after the amount of the full entitlement is known.

            (6)  Where a payment is made under this Division and the recipient is not entitled to receive the whole or a part of the amount paid, that amount or that part of that amount may be recovered by the Commonwealth as a debt due to the Commonwealth by action against the person in a court of competent jurisdiction.

300  Death of candidate

Where a candidate for whom eligible votes were given in an election dies, a payment under this Division in respect of the eligible votes given for the candidate may be made notwithstanding the death of the candidate and, if the candidate was not endorsed in the election by a registered political party and was his or her own agent for the purposes of this Part, the payment may be made to the legal personal representative of the candidate.

301  Death of member of group

Where a member of a group for whom eligible votes were given in a Senate election dies, a payment under this Division in respect of the eligible votes given for the group may be made notwithstanding the death of the member and, if:

                     (a)  the group was not a group the members of which were endorsed by a registered political party or by registered political parties; and

                     (b)  the candidate was the agent of the group for the purposes of this Part;

the payment may be made to another member of the group as if the other member were the agent of the group for the purposes of this Part.

302  Appropriation

Amounts payable under this Division are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Division 4Disclosure of donations

303  Interpretation

            (1)  In this Division, unless the contrary intention appears:

by-election means an election of a member of the House of Rep-resentatives that is not part of a general election.

election means a general election or an election of Senators for a State or Territory.

            (2)  A reference in this Division to a gift made to or received by a group shall be read as a reference to a gift made to or received by a member of the group for the benefit of all of the members of the group.

            (3)  A reference in this Division to a gift made to or received by a candidate shall be read as not including a reference to a gift made to or received by the candidate for the benefit of a group of which the candidate is a member.

304  Disclosure of gifts

            (2)  The agent of each person (including a member of a group) who was a candidate in an election or by-election shall, within 15 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form, setting out the total amount or value of all gifts, the number of persons who made gifts, and the relevant details of each gift, received by the person during the disclosure period for the election.

            (3)  Subject to subsection (3A), the agent of each group shall, within 15 weeks after the polling day in the election in relation to which the members of the group had their names grouped in the ballot-papers, furnish to the Electoral Commission a return, in an approved form, setting out the total amount or value of all gifts, the number of persons who made gifts, and the relevant details of each gift, received by the group during the disclosure period for the election.

         (3A)  In the case of a group all of whose members were endorsed by the same registered political party, a gift received by the group shall be taken to have been received:

                     (a)  if the party has 2 or more State branches—by the relevant State branch of the party; and

                     (b)  in any other case—by the party.

            (4)  For the purposes of this section, a reference to the relevant details, in relation to a gift, shall be read as a reference to the amount or value of the gift, the date on which the gift was made and:

                     (a)  in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation:

                             (i)  the name of the association; and

                            (ii)  the names and addresses of the members of the executive committee (however described) of the association;

                     (b)  in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation:

                             (i)  the names and addresses of the trustees of the fund or of the funds of the foundation; and

                            (ii)  the title or other description of the trust fund or the name of the foundation, as the case requires; and

                     (c)  in any other case—the name and address of the person who made the gift.

            (5)  Notwithstanding subsections (2) and (3), the agent of a candidate or group is not required, in a return under subsection (2) or (3), as the case may be, to set out the relevant details of a gift if:

                     (b)  in the case of a gift made to a candidate (including a member of a group):

                             (i)  the gift was made in a private capacity to the candidate for his or her personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election or a by-election; or

                            (ii)  the amount or value of the gift is less than $200; or

                     (c)  in the case of a gift made to a group—the amount or value of the gift is less than $1,000.

            (6)  Subparagraph (5)(b)(ii) or paragraph (5)(c) does not apply in relation to a return under subsection (2) or (3), as the case may be, in relation to a gift made by a person if:

                     (b)  in the case of a gift made to a candidate (including a member of a group)—the sum of the amount or value of that gift and of all other gifts (not being gifts of the kind referred to in subparagraph (5)(b)(i)) made by that person to that candidate during the period to which the return relates is equal to or exceeds $200; or

                     (c)  in the case of a gift made to a group—the sum of the amount or value of that gift and of all other gifts made by that person to that group during the period to which the return relates is equal to or exceeds $1,000.

            (8)  Notwithstanding subsection (2), the agent of a person is not required, in a return under subsection (2), to set out the total amount or value of, or the number of persons who made, gifts of the kind referred to in subparagraph (5)(b)(i).

305  Expenditure incurred for political purposes

            (1)  Where a person (not being a registered political party or a branch or division of a registered political party, an associated entity, a candidate or a member of a group), during the disclosure period in relation to an election, incurs expenditure for a political purpose, the person shall, before the expiration of 15 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form, setting out the relevant details of all gifts received by the person during that disclosure period, being gifts:

                     (a)  the whole or a part of each of which was used by the person to enable the person to incur expenditure for a political purpose or to reimburse the person for incurring expenditure for a political purpose; and

                     (b)  the amount or value of each of which is equal to or exceeds $1,000.

            (2)  Subsection (1) does not apply to a person in respect of the disclosure period in relation to an election if the total amount of expenditure incurred by the person for political purposes during the disclosure period is less than $1,000.

         (2A)  For the purposes of this section, a person is taken to have incurred expenditure for a political purpose if, during the disclosure period in relation to an election, the person incurs the expenditure in relation to that election or any other election.

            (3)  In this section:

                     (a)  a reference to the incurring of expenditure for a political purpose shall be read as a reference to the incurring of expenditure in connection with or by the way of:

                             (i)  publication by any means (including radio or television) of electoral matter;

                            (ii)  by any other means publicly expressing views on an issue in an election;

                          (iii)  the making of a gift to a political party or a State branch of a political party;

                           (iv)  the making of a gift to a candidate in an election or a group; or

                            (v)  the making of a gift to a person on the understanding that that person or another person will apply, either directly or indirectly, the whole or a part of the gift as mentioned in subparagraph (i), (ii), (iii) or (iv); and

                     (b)  the reference to the relevant details, in relation to a gift, is a reference to the amount or value of the gift, the date on which the gift was made and:

                             (i)  in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation:

                                        (A)  the name of the association; and

                                        (B)  the names and addresses of the members of the executive committee (however described) of the association;

                            (ii)  in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation:

                                        (A)  the names and addresses of the trustees of the fund or of the funds of the foundation; and

                                        (B)  the title or other description of the trust fund or the name of the foundation, as the case requires; and

                          (iii)  in any other case—the name and address of the person who made the gift.

            (4)  For the purposes of subsection (1), 2 or more gifts made, during the disclosure period in relation to an election, by the same person to another person are taken to be one gift.

            (5)  This section does not apply in relation to a gift made before 1 July 1992 unless this section as in force before the commencement of the Political Broadcasts and Political Disclosures Act 1991 would have applied in relation to the gift.

305A  Donations to candidates etc.

            (1)  If a person (other than a registered political party, a State branch of a registered political party, an associated entity, a candidate in an election or a member of a group) makes a gift, during the disclosure period in relation to an election, to:

                     (b)  any candidate in an election or member of a group; or

                     (c)  any person or body (whether incorporated or not) specified by the Electoral Commission by notice in the  Gazette;

the person must, within 15 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form, setting out the required details of all gifts made during the disclosure period.

            (2)  A person need not make a return under subsection (1) if:

                     (b)  the total amount or value of gifts referred to in paragraph (1)(b) was less than the amount prescribed for the purpose of this paragraph or, if no amount is prescribed, $200; and

                     (c)  the total amount or value of gifts referred to in paragraph (1)(c) was less than the amount prescribed for the purpose of this paragraph or, if no amount is prescribed, $1,000.

            (3)  If subsection (2) does not apply to a person but a paragraph of that subsection does apply, the return need not include the required details of gifts referred to in that paragraph.

            (4)  For the purposes of this section, the required details of a gift are its amount or value, the date on which it was made and:

                     (a)  if the gift was made to an unincorporated association, other than a registered industrial organisation:

                             (i)  the name of the association; and

                            (ii)  the names and addresses of the members of the executive committee (however described) of the association; or

                     (b)  if the gift was purportedly made to a trust fund or paid into the funds of a foundation:

                             (i)  the names and addresses of the trustees of the fund or of the foundation; and

                            (ii)  the title or other description of the trust fund, or the name of the foundation, as the case requires; or

                     (c)  in any other case—the name and address of the person or organisation.

            (5)  This section does not apply to a gift made before 1 July 1992.

305B  Donations to political parties

            (1)  If, in a financial year, a person makes gifts totalling $1,500 or more to:

                     (a)  the same registered political party; or

                     (b)  the same State branch of a registered political party;

the person must furnish a return to the Electoral Commission within 20 weeks after the end of the financial year, covering all the gifts that the person made to that political party or branch during the financial year.

            (2)  If a person makes a gift to any person or body with the intention of benefiting a particular registered political party or State branch of a registered political party, the person is taken for the purposes of subsection (1) to have made that gift directly to that registered political party or branch.

            (3)  For each gift, the return must set out the following:

                     (a)  the amount of the gift;

                     (b)  the date on which it was made;

                     (c)  the name and address of the registered political party or branch.

            (4)  The return must be in the approved form.

            (5)  This section does not apply to gifts made by any of the following:

                     (a)  a registered political party;

                     (b)  a State branch of a registered political party;

                     (c)  an associated entity;

                     (d)  a candidate in an election;

                     (e)  a member of a group.

306  Certain gifts not to be received

            (1)  It is unlawful for a political party or a State branch of a political party or a person acting on behalf of a political party or a State branch of a political party to receive a gift made to or for the benefit of the party or branch by another person, being a gift the amount or value of which is equal to or exceeds $1,000, unless:

                     (a)  the name and address of the person making the gift are known to the person receiving the gift or, at the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

            (2)  It is unlawful for a candidate or a member of a group or a person acting on behalf of a candidate or group to receive a gift made to or for the benefit of the candidate or the group, as the case may be, being a gift the amount or value of which is equal to or exceeds:

                     (a)  in the case of a gift made to a candidate—$200; and

                     (b)  in the case of a gift made to a group—$1,000;

unless the name and address of the person making the gift are known to the person receiving the gift or, at the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

         (2A)  The references in subsections (1) and (2) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.

         (2B)  A reference in subsection (1) or (2) to the name and address of a person making a gift is:

                     (a)  in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—a reference to:

                             (i)  the name of the association; and

                            (ii)  the names and addresses of the members of the executive committee (however described) of the association; and

                     (b)  in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation—a reference to:

                             (i)  the names and addresses of the trustees of the fund or of the funds of the foundation; and

                            (ii)  the title or other description of the trust fund or the name of the foundation, as the case requires.

         (2C)  For the purpose of subsection (2), a person who is a candidate in an election shall be taken to remain a candidate for 30 days after the polling day in the election.

         (2D)  For the purpose of subsection (2), persons who constituted a group in an election shall be taken to continue to constitute the same group for 30 days after the polling day in the election.

            (3)  For the purposes of this section, 2 or more gifts made by the same person to or for the benefit of a political party, a State branch of a political party, a candidate or a group shall be deemed to be one gift.

            (5)  Where a person receives a gift that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Commonwealth and may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against:

                     (a)  in the case of a gift to or for the benefit of a political party or a State branch of a political party:

                             (i)  if the party or branch, as the case may be is a body corporate—the party or branch, as the case may be; or

                            (ii)  in any other case—the agent of the party or branch, as the case may be; or

                     (b)  in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.

307  Nil returns

            (1)  Where no details are required to be included in a return under this Division in respect of a candidate, the return shall nevertheless be lodged and shall include a statement to the effect that no gifts of a kind required to be disclosed were received.

            (2)  Where no details are required to be included in a return under this Division in respect of a group, the return shall nevertheless be lodged and shall include a statement to the effect that no gifts were received.

Division 5Disclosure of electoral expenditure

308  Interpretation

            (1)  In this Division, electoral expenditure, in relation to an election, means expenditure incurred (whether or not incurred during the election period) on:

                     (a)  the broadcasting, during the election period, of an advertisement relating to the election; or

                     (b)  the publishing in a journal, during the election period, of an advertisement relating to the election; or

                     (c)  the display, during the election period, at a theatre or other place of entertainment, of an advertisement relating to the election; or

                     (d)  the production of an advertisement relating to the election, being an advertisement that is broadcast, published or displayed as mentioned in paragraph (a), (b) or (c); or

                     (e)  the production of any material (not being material referred to in paragraph (a), (b) or (c)) that is required under section 328 or 332 to include the name and address of the author of the material or of the person authorizing the material and that is used during the election period; or

                     (f)  the production and distribution of electoral matter that is addressed to particular persons or organisations and is distributed during the election period; or

                     (g)  the carrying out, during the election period, of an opinion poll, or other research, relating to the election.

            (2)  For the purposes of this Division, electoral expenditure incurred by or with the authority of a division of a State branch of a political party shall be deemed to have been incurred by that State branch.

            (3)  A reference in this Division to a participant in an election shall be read as a reference to:

                     (a)  a political party, a State branch of a political party, a division of a State branch of a political party or a candidate; or

                     (b)  a person (not being a political party, a State branch of a political party, a division of a State branch of a political party or a candidate) by whom or with the authority of whom electoral expenditure in relation to an election was incurred.

309   Returns of electoral expenditure

            (1)  Where electoral expenditure in relation to an election is incurred by or with the authority of a registered political party or a State branch of a registered political party, the agent of the party or branch must, before the end of 15 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form, setting out details of the expenditure.

         (1A)  Where electoral expenditure in relation to an election is incurred by or with the authority of members of a group all the members of which are endorsed by the same registered political party, this section applies as if the expenditure had been incurred by or with the authority of:

                     (a)  if the party has 2 or more State branches—the relevant State branch of the party; and

                     (b)  in any other case—the party.

            (2)  The agent of each person who was a candidate in an election (not being a member of a group) shall, before the expiration of 15 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form, setting out details of all electoral expenditure in relation to the election incurred by or with the authority of the candidate.

            (3)  The agent of each group shall, before the expiration of 15 weeks after the polling day in an election in relation to which the members of the group have their names grouped in the ballot-papers, furnish to the Electoral Commission a return, in an approved form, setting out details of all electoral expenditure in relation to the election incurred by or with the authority of members of the group.

            (4)  Where electoral expenditure in relation to an election was incurred by or with the authority of a person and that expenditure was not incurred with the written authority of a registered political party, a State branch of a registered political party, an associated entity, a candidate in the election or a member of a group, the person shall, before the expiration of 15 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form, setting out details of that electoral expenditure.

            (5)  A person is not required to furnish a return under subsection (4) in respect of an election if the total amount of the electoral expenditure incurred in relation to the election by or with the authority of the person does not exceed $200.

310  Returns by broadcasters

            (1)  Where an election has taken place, each broadcaster who, during the election period, broadcast an advertisement or advertisements relating to the election with the authority of a participant or participants in the election shall, before the expiration of 8 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form, setting out particulars of that advertisement or each of those advertisements, being particulars:

                     (a)  identifying the broadcasting service as part of which that advertisement or each of those advertisements was broadcast;

                   (aa)  identifying the person at whose request the advertisement or each of those advertisements was broadcast;

                     (b)  identifying the participant in the election with whose authority that advertisement or each of those advertisements was broadcast;

                     (c)  specifying the date or dates on which, and the times between which, that advertisement or each of those advertisements was broadcast; and

                     (d)  showing whether or not, on each occasion when that advertisement or each of those advertisements was broadcast, a charge was made by the broadcaster for the broadcasting of that advertisement or each of those advertisements and, where a charge was made, specifying the amount of the charge.

            (2)  Where, in a return under subsection (1), the amount of a charge is specified by a broadcaster in relation to an advertisement, the broadcaster shall, in the return, state whether or not the charge is a charge at less than normal commercial rates having regard to the length of the advertisement and the day or days on which, and the times between which, the advertisement was broadcast.

            (4)  A broadcaster who is required to make a return under this section in respect of an advertisement must retain the record made for the purpose of the relevant provision until the end of the period of one month commencing on the day on which the return is furnished to the Electoral Commission.

            (5)  The requirement of subsection (4) is in addition to the requirements of the relevant provision for the retention of such a record.

            (6)  In subsections (4) and (5), the relevant provision means:

                     (a)  in relation to the Australian Broadcasting Corporation—section 79B of the Australian Broadcasting Corporation Act 1983; or

                     (b)  in relation to the Special Broadcasting Service—section 70B of the Special Broadcasting Service Act 1991; or

                     (c)  in any other case—clause 5 of Schedule 2 to the Broadcasting Services Act 1992.

311  Returns by publishers

            (1)  Where an election has taken place, each publisher of a journal who, during the election period, published in the journal an advertisement or advertisements relating to the election with the authority of a participant or participants in the election shall, before the expiration of 8 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form, setting out particulars of that advertisement or each of those advertisements, being particulars:

                     (a)  identifying the journal in which that advertisement or each of those advertisements was published;

                   (aa)  identifying the person at whose request the advertisement or each of those advertisements was published;

                     (b)  identifying the participant in the election with whose authority that advertisement or each of those advertisements was published;

                     (c)  specifying the date or dates on which that advertisement or each of those advertisements was published;

                     (d)  identifying the page in the journal on which that advertisement or each of those advertisements was published and the space in the journal occupied by that advertisement or each of those advertisements; and

                     (e)  showing whether or not a charge was made by the publisher for the publication of that advertisement or each of those advertisements and, where a charge was made, specifying the amount of the charge.

            (2)  Where, in a return under subsection (1), the amount of a charge is specified by a publisher in relation to an advertisement, the publisher shall, in the return, state whether or not the charge was a charge at less than normal commercial rates having regard to the space in the journal occupied by the advertisement and the nature of the journal.

            (3)  A publisher is not required to furnish a return under subsection (1) in respect of an election if the total amount of the charge or charges made by the publisher in respect of the publication of the advertisement or advertisements referred to in that subsection and any other advertisement or advertisements relating to an election or elections that took place on the same day as the first-mentioned election does not exceed $1,000.

311A  Annual returns of income and expenditure of Commonwealth Departments

            (1)  Subject to this section, the principal officer of each Commonwealth Department must attach a statement to its annual report setting out particulars of all amounts paid by, or on behalf of, the Commonwealth Department during the financial year to:

                     (a)  advertising agencies;

                     (b)  market research organisations;

                     (c)  polling organisations;

                     (d)  direct mail organisations; and

                     (e)  media advertising organisations;

and the persons or organisations to whom those amounts were paid.

            (2)  Nothing in subsection (1) requires particulars of a payment made by a Commonwealth Department in a financial year to be included in a return if the value of the payment is less than $1,500.

            (3)  The first return under this section need only contain particulars in relation to the period starting on the commencement of this section and ending on the next 30 June.

            (4)  In this section:

Commonwealth Department means:

                     (a)  a Department of State of the Commonwealth; or

                     (b)  a Department of the Parliament; or

                     (c)  a branch or part of the Australian Public Service in relation to the staff of which a person has, under an Act, the powers of, or exercisable by, a Secretary under the Public Service Act 1922.

principal officer means:

                     (a)  in relation to a Department—the person holding, or performing the duties of, the office of Secretary of the Department; and

                     (b)  in relation to a branch or part of the Australian Public Service referred to in paragraph (c) of the definition of Commonwealth Department, the person who has, under an Act, the powers of, or exercisable by, a Secretary under the Public Service Act 1922.

313  Nil returns

            (1)  Where no electoral expenditure in relation to an election was incurred by or with the authority of a particular candidate or the members of a particular group, a return under this Division in respect of the candidate or group shall nevertheless be lodged and shall include a statement to the effect that no expenditure of that kind was incurred by or with the authority of the candidate or the members of the group.

            (2)  If no electoral expenditure in relation to an election was incurred by or with the authority of a particular registered political party or State branch of a registered political party that endorsed a candidate in the election, a return under this Division in respect of the party or branch must nevertheless be lodged and must include a statement to the effect that no electoral expenditure was incurred in relation to the election by or with the authority of the party or branch.

314  Two or more elections on the same day

            (1)  Where:

                     (a)  the polling at 2 or more elections took place on the same day; and

                     (b)  a person would, but for this subsection, be required to furnish 2 or more returns under this Division relating to those elections;

the person may, in lieu of furnishing those returns, furnish one return, in an approved form, setting out the particulars that the person would have been required to set out in those returns.

            (2)  Where:

                     (a)  a return is furnished by a person pursuant to subsection (1); and

                     (b)  particular electoral expenditure details of which are required to be set out in the return relates to more than one election;

it is sufficient compliance with this Division if the return sets out details of the expenditure without showing the extent to which it relates to any particular election.

Division 5AAnnual returns by registered political parties and associated entities

314AA  Interpretation

            (1)  In this Division:

amount includes the value of a gift or bequest.

314AB  Annual returns by registered political parties

Subject to this Division, the agent of each registered political party and of each State branch of each registered political party must, within 16 weeks after the end of each financial year beginning on or after 1 July 1992, furnish to the Electoral Commission a return, in an approved form, setting out:

                     (a)  the total amount received by, or on behalf of, the party during the financial year, together with the details required by section 314AC; and

                     (b)  the total amount paid by, or on behalf of, the party during the financial year, together with the details required by section 314AD; and

                     (c)  the total outstanding amount, as at the end of the financial year, of all debts incurred by, or on behalf of, the party, together with the details required by section 314AE.

314AC  Amounts received

            (1)  If the sum of all amounts received by, or on behalf of, the party from a person or organisation during a financial year is $1,500 or more, the return must include the particulars of that sum.

            (2)  In calculating the sum, an amount of less than $500 need not be counted.

            (3)  The particulars of the sum required to be furnished under subsection (1) are the amount of the sum and:

                     (a)  if the sum was received from an unincorporated association, other than a registered industrial organisation:

                             (i)  the name of the association; and

                            (ii)  the names and addresses of the members of the executive committee (however described) of the association; or

                     (b)  if the sum was purportedly paid out of a trust fund or out of the funds of a foundation:

                             (i)  the names and addresses of the trustees of the fund or of the foundation; and

                            (ii)  the title or other description of the trust fund, or the name of the foundation, as the case requires; or

                     (c)  in any other case—the name and address of the person or organisation.

314AD  Amounts paid

            (1)  If the sum of all amounts paid by, or on behalf of, the party to a person or an organisation during a financial year is $1,500 or more, the return must include the particulars of that sum.

            (2)  In calculating the sum:

                     (a)  an amount of less than $500; or

                     (b)  an amount paid under a contract of employment or an award specifying terms and conditions of employment;

need not be counted.

            (3)  The particulars of a sum required to be furnished under subsection (1) are the amount of the sum and:

                     (a)  if the sum was paid to an unincorporated association, other than a registered industrial organisation:

                             (i)  the name of the association; and

                            (ii)  the names and addresses of the members of the executive committee (however described) of the association; or

                     (b)  if the sum was purportedly paid into a trust fund or into the funds of a foundation:

                             (i)  the names and addresses of the trustees of the fund or of the foundation; and

                            (ii)  the title or other description of the trust fund, or the name of the foundation, as the case requires; or

                     (c)  in any other case—the name and address of the person or organisation.

314AE  Outstanding amounts

            (1)  If the sum of all outstanding debts incurred by, or on behalf of, the party to a person or an organisation during a financial year is $1,500 or more, the return must include the particulars of that sum.

            (2)  The particulars of a sum required to be furnished under subsection (1) are the amount of the sum and:

                     (a)  if the sum was owed to an unincorporated association, other than a registered industrial organisation:

                             (i)  the name of the association; and

                            (ii)  the names and addresses of the members of the executive committee (however described) of the association; or

                     (b)  if the sum was purportedly incurred as a debt to a trust fund or to a foundation:

                             (i)  the names and addresses of the trustees of the fund or of the foundation; and

                            (ii)  the title or other description of the trust fund, or the name of the foundation, as the case requires; or

                     (c)  in any other case—the name and address of the person or organisation.

314AEA  Annual returns by associated entities

            (1)  If an entity is an associated entity at any time during a financial year, the entity’s financial controller must furnish a return to the Electoral Commission, in the approved form, within 16 weeks after the end of the financial year, setting out:

                     (a)  the total amount received by, or on behalf of, the entity during the financial year, together with the details required by section 314AC; and

                     (b)  the total amount paid by, or on behalf of, the entity during the financial year, together with the details required by section 314AD; and

                     (c)  if the entity is an associated entity at the end of the financial year—the total outstanding amount, as at the end of the financial year, of all debts incurred by or on behalf of the entity, together with the details required by section 314AE.

            (2)  Amounts received or paid at a time when the entity was not an associated entity are not to be counted for the purposes of paragraphs (1)(a) and (b).

            (3)  If any amount required to be set out under paragraph (1)(b):

                     (a)  was paid to or for the benefit of one or more registered political parties; and

                     (b)  was paid out of funds generated from capital of the associated entity;

the return must also set out the following details about each person who contributed to that capital after the commencement of this section:

                     (c)  the name and address of the person;

                     (d)  the total amount of the person’s contributions to that capital, up to the end of the financial year.

            (4)  Subsection (3) does not apply to contributions that have been set out in a previous return under this section.

            (5)  Sections 314AC, 314AD and 314AE apply for the purposes of paragraphs (1)(a), (b) and (c) of this section to a return for an associated entity in the same way as they apply for the purposes of paragraphs 314AB(1)(a), (b) and (c) to a return for a registered political party.

314AF  Returns not to include lists of party membership

Returns provided in accordance with this Division are not to include lists of party membership.

314AG  Regulations

            (1)  The regulations may require greater detail to be provided in returns than is required by this Division.

            (2)  Without limiting subsection (1), the regulations may require that the total amounts referred to in section 314AB be broken down in the way specified in the regulations.

            (3)  The regulations may reduce the amount of information to be provided in returns under section 314AEA.

Division 6Miscellaneous

314A  Interpretation

Except in section 318, a reference in this Division to a return under Division 4, 5 or 5A or to a return under this Part includes a reference to particulars under subsection 318(2).

315  Offences

            (1)  Where a person fails to furnish a return that the person is required to furnish under Division 4, 5 or 5A within the time required by this Part, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding:

                     (a)  in the case of a return required to be furnished by the agent of a political party or of a State branch of a political party—$5,000; or

                     (b)  in any other case—$1,000.

            (2)  Where a person:

                     (a)  furnishes a return that is incomplete, being a return that the person is required to furnish under Division 4, 5 or 5A; or

                     (b)  fails to retain records in accordance with section 317;

the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $1,000.

            (3)  Where the agent of a political party or of a State branch of a political party lodges a claim under Division 3, or furnishes a return that the agent is required to furnish under Division 4, 5 or 5A, that contains particulars that are, to the knowledge of the agent, false or misleading in a material particular, the agent is guilty of an offence punishable, upon conviction, by a fine not exceeding $10,000.

            (4)  Where a person (not being the agent of a political party or of a State branch of a political party) lodges a claim under Division 3, or furnishes a return that the person is required to furnish under Division 4 or 5, that contains particulars that are, to the knowledge of the person, false or misleading in a material particular, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $5,000.

            (5)  Where a person is convicted of an offence against subsection (3) or (4), the court may, in addition to imposing a penalty under that subsection, order the person to refund to the Commonwealth the amount of any payment wrongfully obtained by the person under Division 3.

            (6)  Where a court has made an order under subsection (5), a certificate signed by the appropriate officer of the court specifying the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.

         (6A)  A person shall not give to another person, for the purpose of the making by that other person of a claim under Division 3, information that is, to the knowledge of the first-mentioned person, false or misleading in a material particular.

Penalty: $1,000.

            (7)  A person shall not furnish to another person who is required to furnish a return under Division 4, 5 or 5A information that relates to the return and that is, to the knowledge of the first-mentioned person, false or misleading in a material particular.

Penalty: $1,000.

            (8)  Where:

                     (a)  a person is required to furnish a return under Division 4, 5 or 5A within a particular period; and

                     (b)  the person fails to furnish the return within that period;

the following provisions of this subsection have effect:

                     (c)  the obligation to furnish the return continues notwithstanding that that period has expired;

                     (d)  where the person is convicted of an offence that is constituted by failure to furnish the return within that period, that person is guilty of a separate and further offence in respect of each day after the day of the conviction during which the failure to furnish the return continues; and

                     (e)  the penalty applicable to each separate and further offence is a fine not exceeding $100.

            (9)  Charges against the same person for any number of offences under paragraph (8)(d) may be joined in the same information or complaint.

          (10)  If a person is convicted of more than one offence under paragraph (8)(d), the court may impose one penalty in respect of all offences of which the person is so convicted but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.

          (11)  A prosecution in respect of an offence against a provision of this section (being an offence committed on or after the commencement of this subsection) may be started at any time within 3 years after the offence was committed.

315A  Recovery of payments

            (1)  An action in a court to recover an amount due to the Commonwealth under subsection 299(6) or 306(5) may be brought in the name of the Commonwealth by the Electoral Commissioner.

            (2)  Any process in the action required to be served on the Commonwealth may be served on the Electoral Commissioner.

            (3)  Nothing in this section is intended to limit the operation of section 61 or 63 of the Judiciary Act 1903.

316  Investigation etc.

            (1)  In this section:

authorised officer means a person authorised by the Electoral Commission under subsection (2).

prescribed person means a person whose name is included in a list in a report mentioned in subsection 17(2A).

            (2)  The Electoral Commission may, by instrument in writing signed by the Electoral Commissioner on behalf of the Electoral Commission, authorize a person or a person included in a class of persons to perform duties under this section.

         (2A)  An authorised officer may, for the purpose of finding out whether a prescribed person, the financial controller of an associated entity or the agent of a registered political party has complied with this Part, by notice served personally or by post on:

                     (a)  the agent or any officer of the political party; or

                   (aa)  the financial controller of the associated entity or any officer of the associated entity; or

                     (b)  the prescribed person or, if the prescribed person is a body corporate, any of its officers;

as the case may be, require the agent, financial controller, person or officer:

                     (c)  to produce, within the period and in the manner specified in the notice, the documents or other things referred to in the notice; or

                     (d)  to appear, at a time and place specified in the notice, before the authorised officer to give evidence, either orally or in writing, and to produce the documents or other things referred to in the notice.

         (2B)  If a notice under paragraph (2A)(a) requires an officer of a political party (other than the agent) to appear before an authorised officer under paragraph (2A)(d), then the agent of the political party is entitled:

                     (a)  to attend at the proceeding under paragraph (2A)(d); or

                     (b)  to nominate another person in writing to attend on behalf of the agent.

         (2C)  Failure of the agent or nominee to attend under subsection (2B) does not affect the powers of the authorised officer to conduct the proceeding under paragraph (2A)(d).

            (3)  Where an authorized officer has reasonable grounds to believe that a person is capable of producing documents or other things or giving evidence relating to a contravention, or possible contravention, of section 315, or relating to matters that are set out in, or are required to be set out in, a claim or return under this Part, the authorized officer may, by notice served personally or by post on that person, require that person:

                     (a)  to produce, within the period and in the manner specified in the notice, such documents or other things as are referred to in the notice; or

                     (b)  to appear, at a time and place specified in the notice, before the authorized officer to give evidence, either orally or in writing, and to produce such documents or other things as are referred to in the notice.

            (4)  An authorized officer may require any evidence that is to be given to him or her in compliance with a notice under subsection (2A) or (3) to be given on oath or affirmation and for that purpose the authorized officer may administer an oath or affirmation.

            (5)  A person shall not, without reasonable excuse, refuse or fail to comply with a notice under subsection (2A) or (3) to the extent that the person is capable of complying with the notice.

Penalty: $1,000.

            (6)  A person shall not, in purported compliance with a notice under subsection (2A) or (3), give evidence that is, to the knowledge of the person, false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 6 months, or both.

            (7)  Where:

                     (a)  an authorized officer has reasonable grounds for suspecting that there may be, at any time within the next following 24 hours, upon any land or upon or in any premises, vessel, aircraft or vehicle, a document or other thing that may afford evidence relating to a contravention of section 315; and

                     (b)  the authorized officer has reasonable grounds to believe that, if a notice under this section were issued for the production of the document or other thing, the document or other thing might be concealed, lost, mutilated or destroyed;

the authorized officer may make an application to a magistrate for the issue of a warrant under subsection (8).

            (8)  Subject to subsection (9), where an application under subsection (7) is made by an authorized officer to a magistrate, the magistrate may issue a warrant authorizing the authorized officer or any other person named in the warrant, with such assistance as the officer or person thinks necessary and if necessary by force:

                     (a)  to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;

                     (b)  to search the land, premises, vessel, aircraft or vehicle for documents or other things that may afford evidence relating to a contravention of section 315, being documents or other things of a kind described in the warrant; and

                     (c)  to seize any documents or other things of the kind referred to in paragraph (b).

            (9)  A magistrate shall not issue a warrant under subsection (8) unless:

                     (a)  an affidavit has been furnished to the magistrate setting out the grounds on which the issue of the warrant is being sought;

                     (b)  the authorized officer applying for the warrant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

                     (c)  the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

          (10)  Where a magistrate issues a warrant under subsection (8), the magistrate shall state on the affidavit furnished in accordance with subsection (9) which of the grounds specified in that affidavit he or she has relied on to justify the issue of the warrant and particulars of any other grounds so relied on.

          (11)  A warrant issued under subsection (8) shall:

                     (a)  include a statement of the purpose for which the warrant is issued, which shall include a reference to the contravention of section 315 in relation to which the warrant is issued;

                     (b)  state whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night;

                     (c)  include a description of the kind of documents or other things authorized to be seized; and

                     (d)  specify a date, not being later than one month after the date of issue of the warrant, upon which the warrant ceases to have effect.

          (12)  Where a document or other thing is seized by a person pursuant to a warrant issued under subsection (8):

                     (a)  the person may retain the document or other thing so long as is reasonably necessary for the purposes of the investigation to which the document or other thing is relevant; and

                     (b)  when the retention of the document or other thing by the person ceases to be reasonably necessary for those purposes, the person shall cause the document or other thing to be delivered to the person who appears to the first-mentioned person to be entitled to possession of the document or other thing.

317  Records to be kept

Where, on or after the commencement of Part 3 of the Political Broadcasts and Political Disclosures Act 1991, a person makes or obtains a document or other thing that is or includes a record relating to a matter particulars of which are, or could be, required to be set out in a claim or return under this Part relating to an election, not being a record that, in the normal course of business or administration, would be transferred to another person, the first-mentioned person must retain that record for a period of at least 3 years commencing on the polling day in that election.

318  Inability to complete returns

            (1)  Where a person who is required to furnish a return under Division 4, 5 or 5A considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may:

                     (a)  prepare the return to the extent that it is possible to do so without those particulars;

                     (b)  furnish the return so prepared; and

                     (c)  give to the Electoral Commission notice in writing:

                             (i)  identifying the return;

                            (ii)  stating that the return is incomplete by reason that he or she is unable to obtain certain particulars;

                          (iii)  identifying those particulars;

                           (iv)  setting out the reasons why he or she is unable to obtain those particulars; and

                            (v)  if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person;

and a person who complies with this subsection shall not, by reason of the omission of those particulars, be taken, for the purposes of subsection 315(2), to have furnished a return that is incomplete.

            (2)  Where the Electoral Commission has been informed under paragraph (1)(c) or (3)(c) that a person can supply particulars that have not been included in a return, the Electoral Commission may, by notice in writing served on that person, require the person to furnish to the Electoral Commission, within the period specified in the notice and in writing, those particulars and, subject to subsection (3), the person shall comply with that requirement.

            (3)  If a person who is required to furnish particulars under subsection (2) considers that he or she is unable to obtain some or all of the particulars, the person shall give to the Electoral Commission a written notice:

                     (a)  setting out the particulars (if any) that the person is able to give;

                     (b)  stating that the person is unable to obtain some or all of the particulars;

                     (c)  identifying the particulars the person is unable to obtain;

                     (d)  setting out the reasons why the person considers he or she is unable to obtain those particulars; and

                     (e)  if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—setting out the name and address of that other person and the reasons why he or she believes that that other person is able to give those particulars.

         (3A)  A person who complies with subsection (3) shall not, because of the omission of particulars required under subsection (2), be taken, for the purpose of subsection 315(2), to have furnished a return that is incomplete.

318A  Application of subsections 305(1) and 309(4) in certain cases

            (1)  If subsection 305(1) or 309(4) applies to a person, the fact that the person’s name is not included in a list of the kind mentioned in subsection 17(2A) does not affect that application.

            (2)  Subsection 305(1) or 309(4) is not taken to apply to a person merely because the person’s name is included in a list of the kind mentioned in subsection 17(2A).

319  Non-compliance with Part does not affect election

            (1)  A failure of a person to comply with a provision of this Part in relation to an election does not invalidate that election.

            (2)  Without limiting the generality of subsection (1), where:

                     (a)  a political party endorsed a candidate in an election; and

                     (b)  the candidate was elected at the election;

any failure by the agent of the political party or by the agent of any State branch of the political party to comply with a provision of this Part in relation to the election does not invalidate the election of the candidate.

            (3)  Without limiting the generality of subsection (1), if the agent of a candidate who is elected at an election fails to comply with a provision of this Part in relation to the election, that failure does not invalidate the election of the candidate.

            (4)  Without limiting the generality of subsection (1), if the agent of a group, being a group one or more of the members of which is or are elected at an election, fails to comply with a provision of this Part in relation to the election, that failure does not invalidate the election of the member or members.

319A  Amendment of claims and returns

            (1)  Where the Electoral Commissioner is satisfied that a claim or return under this Part contains a formal error or is subject to a formal defect, the Commissioner may amend the claim or return to the extent necessary to correct the error or remove the defect.

            (2)  A person who has lodged a claim or furnished a return under this Part may request the permission of the Electoral Commission to make a specified amendment of the claim or return for the purpose of correcting an error or omission.

         (2A)  If the claim was lodged, or the return was furnished, by a person as the agent of a registered political party, the request under subsection (2) may be made either by:

                     (a)  the person who lodged the claim or return; or

                     (b)  the person who is currently registered as the agent of the political party.

            (3)  A request under subsection (2) shall:

                     (a)  be by notice in writing signed by the person making the request; and

                     (b)  be lodged with the Electoral Commission.

            (4)  Where:

                     (a)  a request has been made under subsection (2); and

                     (b)  the Electoral Commission is satisfied that there is an error in, or omission from, the claim or return to which the request relates;

the Commission shall permit the person making the request to amend the claim or return in accordance with the request.

            (5)  Where the Electoral Commission decides to refuse a request under subsection (2), the Commission shall give to the person making the request written notice of the reasons for the decision.

            (6)  An officer authorised for the purpose by the Electoral Commission may exercise the power of the Commission under subsection (4).

            (7)  Where an officer acting under subsection (6) decides to refuse a request under subsection (2):

                     (a)  subsection (5) applies as if the officer were the Electoral Commission; and

                     (b)  the person who made the request may, by notice in writing lodged with the Commission within 28 days after notice of the refusal was given, request the Commission to review the decision.

            (8)  Where a request is made under subsection (7), the Electoral Commission shall review the decision to which the request relates and make a fresh decision.

            (9)  The amendment of a claim or return under this section does not affect the liability of a person to be convicted of an offence against subsection 315(2), (3) or (4) arising out of the lodging of the claim or the furnishing of the return.

320  Inspection and supply of copies of claims and returns

            (1)  The Electoral Commission shall keep, at its principal office in Canberra, a copy of:

                     (a)  each claim under Division 3; and

                     (b)  each return under Division 4 or 5; and

                     (c)  each return under Division 5A.

            (2)  Any person is entitled to peruse, at the principal office of the Electoral Commission in Canberra, a copy of a claim or return referred to in subsection (1).

         (2A)  The Electoral Commission shall, on request, make a copy of a claim or return referred to in subsection (1) available for inspection by a person at the principal office of the Commission in the capital city of a State or in Darwin.

            (3)  A person is entitled, on payment of a fee determined by the Electoral Commission to cover the cost of copying, to obtain a copy of a claim or return referred to in subsection (1).

            (4)  A person is not entitled under this section to peruse, or obtain a copy of, a return under Division 4 or 5 (other than section 305B) until after the end of 24 weeks after the polling day in the election to which the return relates.

            (5)  A person is not entitled under this section to peruse, or obtain a copy of:

                     (a)  a return under section 305B; or

                     (b)  a return under Division 5A;

until February in the calendar year after the return is furnished.

321  Indexation

            (1)  In this section:

index number, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter.

relevant amount means the amount specified in subsection 294(1) or (2).

relevant period means the period of 6 months commencing on 1 July 1995 and each subsequent period of 6 months.

            (2)  Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.

            (3)  If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.

            (4)  Where the factor ascertained under subsection (5) in relation to a relevant period is greater than 1, this Part has effect in relation to any election the polling day in which occurs during that relevant period as if for each relevant amount there were substituted an amount, calculated to 3 decimal places, ascertained by multiplying by that factor:

                     (a)  in a case to which paragraph (b) does not apply—the relevant amount; or

                     (b)  if, by virtue of another application or other applications of this section, this Part has had effect as if another amount was substituted, or other amounts were substituted, for the relevant amount—the substituted amount or the last substituted amount, as the case may be.

            (5)  The factor to be ascertained for the purposes of subsection (4) in relation to a relevant period is the number, calculated to 3 decimal places, ascertained:

                     (a)  if the relevant period commences on 1 July—by dividing the index number for the last preceding March quarter by the index number for the last preceding September quarter; or

                     (b)  if the relevant period commences on 1 January—by dividing the index number for the last preceding September quarter by the index number for the last preceding March quarter.

            (6)  Where an amount or factor, if calculated to 4 decimal places, would end with a number greater than 4, the amount or factor shall be taken to be the amount or factor calculated to 3 decimal places and increased by 0.001.

Part XXIElectoral Offences

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322  Interpretation

In this Part, relevant period, in relation to an election under this Act, means the period commencing on the issue of the writ for the election and expiring at the latest time on polling day at which an elector in Australia could enter a polling booth for the purpose of casting a vote in the election.

323  Officers and scrutineers to observe secrecy

A person who is, or has been, an officer or a scrutineer shall not, except for the purposes of Part XVII, either directly or indirectly, divulge or communicate any information with respect to the vote of an elector acquired by him or her in the performance of functions, or in the exercise of powers, under this Act or the regulations in a manner that is likely to enable the identification of the elector.

Penalty: $1,000 or imprisonment for 6 months, or both.

324  Officers not to contravene Act etc.

A person who, being an officer, contravenes:

                     (a)  a provision of this Act for which no other penalty is provided; or

                     (b)  a direction given to him or her under this Act;

is guilty of an offence punishable on conviction by a fine not exceeding $1,000.

325  Officers not to influence vote

            (1)  A person who, being an officer other than an Antarctic officer, does any act or thing for the purpose of influencing the vote of another person, is guilty of an offence punishable on conviction by a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.

            (2)  A person who, being an Antarctic officer, during the relevant period in relation to an election under this Act, does any act or thing for the purpose of influencing the vote of another person, is guilty of an offence punishable on conviction by a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.

            (3)  In this section, Antarctic officer means:

                     (a)  an Antarctic Returning Officer;

                     (b)  an Assistant Antarctic Returning Officer; or

                     (c)  a person appointed to act as an Antarctic Returning Officer or as an Assistant Antarctic Returning Officer.

325A  Influencing votes of hospital patients etc.

            (1)  A person who is the proprietor of, or an employee of the proprietor of, a hospital or nursing home shall not do anything for the purpose of influencing the vote of a patient in, or resident at, the hospital or nursing home.

Penalty: $1,000 or imprisonment for 6 months, or both.

            (2)  The reference in subsection (1) to the proprietor of a hospital or nursing home includes a reference to a person who is a member or officer of a body corporate that is the proprietor of a hospital or nursing home.

326  Bribery

            (1)  A person shall not ask for, receive or obtain, or offer or agree to ask for, or receive or obtain, any property or benefit of any kind, whether for the same or any other person, on an understanding that:

                     (a)  any vote of the first-mentioned person;

                     (b)  any candidature of the first-mentioned person;

                     (c)  any support of, or opposition to, a candidate, a group of candidates or a political party by the first-mentioned person;

                     (d)  the doing of any act or thing by the first-mentioned person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of an elector; or

                     (e)  the order in which the names of candidates nominated for election to the Senate whose names are included in a group in accordance with section 168 appear on a ballot paper;

will, in any manner, be influenced or affected.

Penalty: $5,000 or imprisonment for 2 years, or both.

            (2)  A person shall not, in order to influence or affect:

                     (a)  any vote of another person;

                     (b)  any candidature of another person; or

                     (c)  any support of, or opposition to, a candidate, a group of candidates or a political party by another person;

                     (d)  the doing of any act or thing by another person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of an elector; or

                     (e)  the order in which the names of candidates for election to the Senate whose names are included in a group in accordance with section 168 appear on a ballot paper;

give or confer, or promise or offer to give or confer, any property or benefit of any kind to that other person or to a third person.

Penalty: $5,000 or imprisonment for 2 years, or both.

            (3)  This section does not apply in relation to a declaration of public policy or a promise of public action.

327  Interference with political liberty etc.

            (1)  A person shall not hinder or interfere with the free exercise or performance, by any other person, of any political right or duty that is relevant to an election under this Act.

Penalty: $1,000 or imprisonment for 6 months, or both.

            (2)  A person must not discriminate against another person on the ground of the making by the other person of a donation to a political party, to a State branch or a division of a State branch of a political party, to a candidate in an election or by-election or to a group:

                     (a)  by denying him or her access to membership of any trade union, club or other body;

                     (b)  by not allowing him or her to work or to continue to work;

                     (c)  by subjecting him or her to any form of intimidation or coercion;

                     (d)  by subjecting him or her to any other detriment.

Penalty:

                     (a)  if the offender is a natural person—$5,000 or imprisonment for 2 years, or both; or

                     (b)  if the offender is a body corporate—$20,000.

328  Printing and publication of electoral advertisements, notices etc.

            (1)  A person shall not print, publish or distribute or cause, permit or authorize to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice unless:

                     (a)  the name and address (not being a post-office box) of the person who authorized the advertisement, handbill, pamphlet or notice appears at the end thereof; and

                     (b)  in the case of an electoral advertisement, handbill, pamphlet or notice that is printed otherwise than in a newspaper—the name and place of business of the printer appears at the end thereof.

         (1A)  A person must not produce, publish or distribute or cause, permit or authorise to be produced, published or distributed an electoral video recording unless the name and address (not being a post office box) of the person who authorised the video recording appears at the end of it.

      (1AB)  Subject to subsection (1AC), a person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed an electoral advertisement that takes up the whole or part of each of 2 opposing pages of a newspaper unless, in addition to fulfilling the requirement under paragraph (1)(a) that the name and address of the person who authorised the electoral advertisement appear at the end of it, such name and address also appears on the other page, or the part of the other page, taken up by the electoral advertisement.

      (1AC)  Subsection (1AB) does not apply to an advertisement of the kind referred to in that subsection:

                     (a)  that is contained within:

                             (i)  a broken or unbroken border; or

                            (ii)  broken or unbroken lines extending across, or partly across, the top and bottom of the advertisement; or

                          (iii)  a broken or unbroken line extending along, or partly along, each side of the advertisement; or

                     (b)  that is printed so that to read one or more lines of the text of the advertisement it is necessary to read across both pages.

            (2)  A person who contravenes subsection (1), (1A) or (1AB) is guilty of an offence punishable on conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $1,000; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $5,000.

            (3)  Subsection (1) does not apply in relation to:

                     (a)  a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon; or

                     (b)  an article included in a prescribed class of articles.

            (4)  Nothing in paragraph (3)(a) shall be taken, by implication, to limit the generality of regulations that may be made by virtue of paragraph (3)(b).

            (5)  In this section, electoral advertisement, handbill, pamphlet or notice, means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting.

            (6)  In this section, electoral video recording means a video recording that contains electoral matter.

329  Misleading or deceptive publications etc.

            (1)  A person shall not, during the relevant period in relation to an election under this Act, print, publish or distribute, or cause, permit or authorize to be printed, published or distributed, any matter or thing that is likely to mislead or deceive an elector in relation to the casting of a vote.

            (3)  A person shall not, during the relevant period in relation to an election under this Act, print, publish or distribute, or cause, permit or authorize to be printed, published or distributed, an advertisement, handbill, pamphlet or notice that contains a representation or purported representation of a ballot-paper for use in that election that is likely to induce an elector to mark his or her vote otherwise than in accordance with the directions on the ballot-paper.

            (4)  A person who contravenes subsection (1) or (3) is guilty of an offence punishable on conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $5,000.

            (5)  In a prosecution of a person for an offence against subsection (4) by virtue of a contravention of subsection (1), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead an elector in relation to the casting of a vote.

            (6)  In this section, publish includes publish by radio or television.

329A  Encouraging persons to mark ballot papers otherwise than in accordance with Act

            (1)  A person must not, during the relevant period in relation to a House of Representatives election under this Act, print, publish or distribute, or cause, permit or authorise to be printed, published or distributed, any matter or thing with the intention of encouraging persons voting at the election to fill in a ballot paper otherwise than in accordance with section 240.

Penalty: Imprisonment for 6 months.

            (2)  In this section:

publish includes publish by radio or television.

330  False statements in relation to Rolls

A person who, on polling day, makes a statement to an elector, either orally or in writing, with respect to the enrolment of the elector that, to the knowledge of the first-mentioned person, is false or misleading in a material respect, is guilty of an offence punishable on conviction by a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.

331  Heading to electoral advertisements

            (1)  Subject to subsection (2), where an article or a paragraph in a newspaper:

                     (a)  contains electoral matter; and

                     (b)  is inserted for reward or compensation of any kind or promise of such reward or compensation;

the proprietor of the newspaper must cause the word “advertisement” to be printed as a headline in letters not smaller than 10 point to the article or paragraph:

                     (c)  if the article or paragraph takes up one page or part of one page—on that page; or

                     (d)  if the article or paragraph takes up the whole or part of each of 2 opposing pages—on each page.

            (2)  Where an article or paragraph of the kind referred to in paragraphs (1)(a) and (b) that takes up the whole or part of each of 2 opposing pages of a newspaper:

                     (a)  is contained within:

                             (i)  a broken or unbroken border; or

                            (ii)  broken or unbroken lines extending across, or partly across, the top and bottom of the article or paragraph; or

                          (iii)  a broken or unbroken line extending along, or partly along, each side of the article or paragraph; or

                     (b)  is printed so that to read one or more lines of the text of the article or paragraph it is necessary to read across both pages;

the proprietor of the newspaper must cause the word “advertisement” to be printed as a headline in letters not smaller than 10 point to the article or paragraph on one of the pages.

Penalty: $500.

332  Authors of reports etc. to be identified

            (1)  A person shall not, during the relevant period in relation to an election under this Act, print, publish or distribute, or cause, permit or authorize to be printed, published or distributed, a newspaper, circular, pamphlet or “dodger” containing an article, report, letter or other matter containing electoral matter unless the author’s name and address, or the authors’ names and addresses, as the case may be, are set out at the end of the article, report, letter or other matter, or where part only of the article, report, letter or matter appears in any issue of a newspaper, circular, pamphlet or “dodger”, at the end of that part.

Penalty:

                     (a)  if the offender is a natural person—$500; or

                     (b)  if the offender is a body corporate—$2,500.

            (2)  This section shall not apply to the publication in a newspaper of:

                     (a)  a leading article; or

                     (b)  an article that consists solely of a report of a meeting and does not contain electoral matter, other than comment made by a speaker at the meeting.

            (3)  In this section, address does not include a post-office box.

334  Depiction etc. of certain electoral matter

            (1)  A person shall not write, draw or depict any electoral matter directly on any roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water or in the air).

Penalty: $1,000.

            (2)  It is hereby declared that the application of subsection (1) extends in relation to an election although the writ for that election has not been issued.

            (3)  Nothing in this section shall prohibit:

                     (a)  the writing, drawing or depicting of a sign on or at the office or committee room of a candidate or political party indicating only that the office or room is the office or committee room of the candidate or party, and specifying the name of the candidate, or the names of the candidates, or the name of the party, concerned; or

                     (b)  the projection, by means of a cinematograph or other similar apparatus, of electoral matter on to a screen in a public theatre, hall or premises used for public entertainment.

335  Cards in polling booth

            (1)  A person shall not, except for the purposes of section 234, wilfully exhibit or leave in any polling booth any card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting.

Penalty: $500.

            (2)  This section shall not apply to any official instructions exhibited by proper authority at any polling booth.

336  Signature to electoral paper

            (1)  Every electoral paper which by this Act or the regulations has to be signed by any person shall be signed by that person with his or her personal signature.

            (2)  Where a person who is unable to sign his or her name in writing makes a mark as his or her signature to an electoral paper, the mark shall be deemed to be his or her personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the electoral paper as such witness:

Provided that nothing in this section shall authorize any person to sign any electoral paper by a mark or otherwise than in his or her own handwriting in cases where the Act or the regulations require that the electoral paper be signed in the persons’ own handwriting.

            (3)  A person shall not make the signature of any other person on an electoral paper.

Penalty: $1,000.

            (4)  Subsection (3) shall not affect the liability of any person to be proceeded against for forgery, but so that a person shall not be liable to be punished twice in respect of the same offence.

            (5)  In this section, electoral paper includes a prescribed form and an approved form.

337  Witnessing electoral papers

            (1)  A person shall not:

                     (a)  sign as witness any blank electoral paper; or

                     (b)  sign as witness any electoral paper which has been wholly or partly filled up unless it has been signed by the person intended to sign it; or

                     (c)  sign as witness any electoral paper unless he or she has seen the person, whose signature he or she purports to witness, sign it; or

                     (d)  write on any electoral paper as his or her own name:

                             (i)  the name of another person; or

                            (ii)  any name not being his or her own name.

Penalty: $1,000.

            (2)  In this section, electoral paper includes a document in a prescribed or approved form or in a form in Schedule 1.

338  Unlawfully marking ballot-papers

Except where expressly authorized by this Act, a person (other than the elector to whom the ballot-paper has been lawfully issued) shall not mark a vote or make any mark or writing on the ballot-paper of any elector.

Penalty: $1,000 or imprisonment for 6 months, or both.

339  Other offences relating to ballot-papers etc.

            (1)  A person shall not:

                     (a)  impersonate any person for the purpose of securing a ballot-paper to which the impersonator is not entitled;

                     (b)  impersonate any person for the purpose of voting;

                     (c)  fraudulently destroy or deface any nomination paper or ballot-paper;

                     (d)  fraudulently put any ballot-paper or other paper into the ballot-box;

                     (e)  fraudulently take any ballot-paper out of any polling booth or counting centre;

                     (f)  forge any nomination paper or ballot-paper or utter any nomination paper or ballot-paper knowing it to be forged;

                     (g)  supply ballot-papers without authority;

                     (h)  unlawfully destroy, take, open or otherwise interfere with ballot-boxes or ballot-papers;

                     (j)  wilfully vote more than once at the same election; or

                     (k)  make a statement:

                             (i)  in any claim, application, return or declaration (not being a statement made by the person in the person’s nomination paper); or

                            (ii)  in an answer to a question;

                            under this Act (other than Part XX) or the regulations that, to his or her knowledge, is false or misleading in a material particular.

Penalty: Imprisonment for 6 months.

            (2)  A person shall not wilfully deface, mutilate, destroy or remove any notice, list or other document affixed by, or by the authority of, any Divisional Returning Officer.

Penalty for contravention of this subsection: $500.

            (3)  A person must not:

                     (a)  make a statement in his or her nomination paper that is false or misleading in a material particular; or

                     (b)  omit from a statement in his or her nomination paper any matter or thing without which the statement is misleading in a material particular.

Penalty: Imprisonment for 6 months.

            (4)  In a prosecution of a person for an offence against subsection (3), it is a defence if the person proves that he or she:

                     (a)  did not know; and

                     (b)  could not reasonably be expected to have known;

that the statement to which the prosecution relates was false or misleading.

            (5)  In this section, a reference to a nomination paper includes a reference to a facsimile of a nomination paper.

340  Prohibition of canvassing near polling booths

            (1)  The following acts are, on polling day, and on all days to which the polling is adjourned, prohibited at an entrance of or within a polling booth, or in any public or private place within 6 metres of an entrance of a polling booth, namely:

                     (a)  canvassing for votes; or

                     (b)  soliciting the vote of any elector; or

                     (c)  inducing any elector not to vote for any particular candidate; or

                     (d)  inducing any elector not to vote at the election; or

                     (e)  exhibiting any notice or sign (other than an official notice) relating to the election.

Penalty: $500.

            (2)  Where:

                     (a)  a building used as a polling booth is situated in grounds within an enclosure; and

                     (b)  the appropriate Divisional Returning Officer causes to be displayed throughout the hours of polling at each entrance to those grounds a notice signed by the Divisional Returning Officer stating that those grounds are, for the purposes of subsection (1), part of the polling booth;

those grounds shall, for the purposes of that subsection, be deemed to be part of the polling booth.

341  Badges or emblems in polling booths

Any officer or scrutineer who wears or displays in a polling booth on polling day any badge or emblem of a candidate or political party shall be guilty of an offence.

Penalty: $1,000.

342  Duty of witness to claim

The person witnessing any claim for age 17 enrolment or any claim for enrolment or transfer of enrolment shall, before signing the claim as witness, satisfy himself or herself, by inquiry from the claimant or otherwise, that the statements contained in the claim are true unless he or she knows that the statements contained in the claim are true.

Penalty: $1,000.

343  Failure to transmit claim

Any person who accepts, for transmission to a Divisional Returning Officer, the custody of, a claim for age 17 enrolment or a claim for enrolment or transfer of enrolment shall forthwith transmit the claim to the Divisional Returning Officer.

Penalty: $1,000.

344   Forging or uttering electoral papers

            (1)  A person shall not:

                     (a)  forge any electoral paper, or

                     (b)  utter any forged electoral paper, knowing it to be forged.

Penalty: $1,000 or imprisonment for 6 months, or both.

            (2)  In this section the words electoral paper include any prescribed form.

345  Employers to allow employees leave of absence to vote

            (1)  If an employee who is an elector notifies his or her employer before the polling day that the employee desires leave of absence for the purpose of voting at any election, the employer shall, if the absence desired is necessary to enable the employee to vote at the election, allow the employee leave of absence without any penalty or disproportionate deduction of pay for such reasonable period not exceeding 2 hours as is necessary to enable the employee to vote at the election.

            (2)  No employee shall under pretence that he or she intends to vote at the election, but without the bona fide intention of doing so, obtain leave of absence under this section.

            (3)  This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he or she is engaged.

Penalty:

                     (a)  if the offender is a natural person—$500; or

                     (b)  if the offender is a body corporate—$2,500.

346  Protection of the official mark

            (1)  A person shall not, without lawful authority, proof whereof shall lie upon the person:

                     (a)  make any official mark on or in any paper;

                     (b)  be in possession of any paper bearing any official mark; or

                     (c)  make use of or be in possession of any instrument capable of making on or in any paper an official mark.

Penalty: $1,000.

            (2)  A person who, without lawful authority, proof whereof shall lie upon the person, makes on or in any ballot-paper, or on or in any paper purporting to be a ballot-paper, an official mark, shall be deemed to have a forged ballot-paper, and shall be punishable accordingly.

            (3)  All paper bearing an official mark, and all instruments capable of making on or in paper an official mark, made, used, or in the possession of any person without lawful authority (proof whereof shall lie upon the person) shall be forfeited to the Commonwealth, and may without warrant be seized by a member of the Australian Federal Police or a member of the police force of a State or Territory and destroyed or dealt with as prescribed.

            (4)  In this section the words official mark mean any prescribed mark to be placed or made on or in any electoral paper, and include any mark so nearly resembling an official mark as to be likely to deceive.

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