Contents
Part I—Preliminary 1
1............................ Short title............................................................................ 1
2............................ Commencement.................................................................. 1
3............................ Repeal................................................................................. 1
4............................ Interpretation....................................................................... 2
4AA...................... Meaning of electoral matter............................................. 13
4A......................... Extraterritorial operation of Act........................................ 15
4B.......................... Act to bind Crown............................................................ 15
4C.......................... Registered officer of political party................................... 15
4D......................... Application of the Criminal Code..................................... 16
Part II—Administration 17
Division 1—Preliminary 17
5............................ Interpretation..................................................................... 17
5A......................... Application of Part in relation to Northern Territory......... 18
Division 2—The Australian Electoral Commission 19
6............................ Establishment of Commission.......................................... 19
7............................ Functions and Powers of Commission............................. 20
7A......................... Supply of goods and services........................................... 21
7B.......................... Fees for goods and services.............................................. 23
8............................ Tenure and terms of office................................................ 23
9............................ Leave of absence............................................................... 23
10.......................... Resignation....................................................................... 24
11.......................... Disclosure of interests...................................................... 24
12.......................... Termination of appointment.............................................. 24
13.......................... Acting Chairperson........................................................... 25
14.......................... Acting non‑judicial appointee........................................... 25
14A....................... Remuneration.................................................................... 25
15.......................... Meetings of Commission.................................................. 26
16.......................... Delegation by Commission............................................... 27
17.......................... Reports by the Commission.............................................. 27
17A....................... Certain particulars not to be included in reports................ 29
Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States 30
18.......................... Electoral Commissioner.................................................... 30
19.......................... Deputy Electoral Commissioner....................................... 30
20.......................... Australian Electoral Officers for States............................. 31
21.......................... Terms and conditions of appointment etc.......................... 31
22.......................... Remuneration.................................................................... 31
23.......................... Leave of absence............................................................... 32
24.......................... Resignation....................................................................... 32
25.......................... Termination of appointment.............................................. 32
26.......................... Acting Electoral Commissioner........................................ 33
27.......................... Acting Deputy Electoral Commissioner............................ 33
28.......................... Delegation by Electoral Commissioner............................. 34
Division 4—Staff of the Commission 35
29.......................... Staff.................................................................................. 35
30.......................... Australian Electoral Officer for the Australian Capital Territory 35
31.......................... Assistant Australian Electoral Officers for States............. 36
32.......................... Divisional Returning Officers........................................... 36
33.......................... Assistant Returning Officers............................................ 37
34.......................... Assistant Divisional Returning Officers........................... 37
35.......................... Employment of additional staff, consultants etc................ 37
Division 5—Miscellaneous 39
36.......................... Candidates not to be officers............................................. 39
37.......................... AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers 39
38.......................... Offices of Divisional Returning Officers.......................... 40
Part III—Representation in the Parliament 42
Division 1AA—Interpretation 42
38A....................... Interpretation..................................................................... 42
Division 1—Choosing of senators for Queensland 43
39.......................... Senators to be directly chosen by people of State etc........ 43
Division 2—Representation of the Territories in the Senate 44
40.......................... Representation of the Territories in the Senate.................. 44
41.......................... Powers, privileges and immunities of senator for Territory 45
42.......................... Term of service of senator for Territory............................ 45
43.......................... Time of elections of senators for Territories..................... 45
44.......................... Casual vacancies in places of senators for Territories....... 46
Division 3—Representation of the States and Territories in the House of Representatives 49
45.......................... Interpretation..................................................................... 49
46.......................... Ascertainment of numbers of people of Commonwealth, States and Territories 49
47.......................... Supply of statistical information by Australian Statistician 50
48.......................... Determination of number of members of House of Representatives to be chosen in States and Territories.......................................................................................... 51
48A....................... Northern Territory to elect 2 members of the House of Representatives in the next election 56
49.......................... Notification of determination............................................ 57
50.......................... Number of members of House of Representatives to be chosen in States and Territories 58
51.......................... Choice of member for Territory........................................ 58
53.......................... Powers, privileges and immunities of member for Territory 58
54.......................... Time of elections of members for Territories.................... 59
Part IV—Electoral Divisions 60
55.......................... Interpretation..................................................................... 60
55A....................... Application to Northern Territory..................................... 60
56.......................... States and Australian Capital Territory to be distributed into Electoral Divisions 61
56AA.................... Inclusion of Territories in Australian Capital Territory Divisions 61
56A....................... Inclusion of Territories in Northern Territory Divisions... 61
57.......................... One member to be chosen for each Electoral Division...... 62
58.......................... Monthly ascertainment of enrolment etc........................... 62
59.......................... Times at which redistributions are to commence............... 62
60.......................... Redistribution Committee................................................. 66
62.......................... Proceedings at meetings of Redistribution Committee etc. 69
63.......................... Sub‑committees................................................................ 70
63A....................... Projection time for equality of enrolments........................ 71
64.......................... Suggestions and comments relating to redistribution........ 71
65.......................... Quota................................................................................ 72
66.......................... Redistribution Committee to make proposed redistribution 73
67.......................... Reasons for proposed redistribution................................. 74
67A....................... Outline of proposed redistribution.................................... 74
68.......................... Notice of proposed redistribution..................................... 75
69.......................... Objections against proposed redistribution....................... 76
70.......................... Augmented Electoral Commission.................................... 77
71.......................... Proceedings at meetings of augmented Electoral Commission etc. 78
72.......................... Consideration of objections.............................................. 79
73.......................... Redistribution of State or Australian Capital Territory...... 82
74.......................... Reasons for determination made by augmented Electoral Commission 84
75.......................... Copies of certain documents to be forwarded to Minister. 84
76.......................... Mini‑redistribution............................................................ 85
76A....................... Application of section 76 to Northern Territory................ 91
77.......................... Decisions under Part final etc........................................... 92
78.......................... Improper influence............................................................ 93
Part V—Subdivisions and polling places 94
79.......................... Subdivisions..................................................................... 94
80.......................... Polling places.................................................................... 94
Part VI—Electoral Rolls 96
81.......................... Electoral Rolls................................................................... 96
82.......................... Subdivision Rolls, Division Rolls and State and Territory Rolls 96
83.......................... Form of Rolls................................................................... 96
84.......................... Arrangement with States................................................... 96
85.......................... New Rolls to be prepared upon Proclamation................... 97
86.......................... New Rolls on creation of new Divisions etc..................... 98
87.......................... Additions etc. to new Rolls............................................... 99
88.......................... Objections and notices to have effect in relation to new Rolls 99
90.......................... Commission to determine manner and form of access to Rolls etc. 99
90A....................... Inspection etc. of Rolls................................................... 100
90B........................ Information on Rolls and certified lists of voters to be provided to particular people and organisations 101
91A....................... Use of information from Roll and habitation index......... 113
91B........................ Prohibition of disclosure or commercial use of Roll or habitation index 115
92.......................... Roll reviews.................................................................... 116
Part VII—Qualifications and disqualifications for enrolment and for voting 117
93.......................... Persons entitled to enrolment and to vote........................ 117
93A....................... Power to refuse to include in the Roll inappropriate names 119
94.......................... Enrolled voters leaving Australia.................................... 119
94A....................... Enrolment from outside Australia................................... 124
95.......................... Eligibility of spouse, de facto partner or child of eligible overseas elector 125
96.......................... Itinerant electors.............................................................. 130
96A....................... Enrolment of prisoners................................................... 134
96B........................ Entitlement of Antarctic electors to vote.......................... 135
97.......................... Application of Part to Australian Capital Territory and Northern Territory 137
Part VIII—Enrolment 138
98AA.................... Evidence of identity requirements................................... 138
98.......................... Addition of names to Rolls............................................. 138
98A....................... Refusal to include in the Roll inappropriate names......... 139
99.......................... Claims for enrolment or transfer of enrolment................ 140
99A....................... Provisional claim for enrolment by applicant for citizenship 141
99B........................ Provisional enrolment by applicant for citizenship.......... 142
100........................ Claims for age 16 enrolment........................................... 145
101........................ Compulsory enrolment and transfer................................ 145
102........................ Action on receipt of claim............................................... 147
103........................ Penalty on officer neglecting to enrol claimants.............. 149
103A..................... Updating or transferring a person’s enrolment without claim or notice from the person 149
103B...................... Enrolling unenrolled person without claim or notice from the person 151
104........................ Request for address not to be shown on Roll................. 153
105........................ Alteration of Rolls.......................................................... 156
106........................ Incorrect enrolment......................................................... 157
107........................ Alterations to be initialled............................................... 158
108........................ Lists of deaths to be forwarded....................................... 158
109........................ Lists of persons serving, or ceasing to serve, sentences of imprisonment to be forwarded 158
110........................ Electoral Commissioner to act on receipt of information. 159
111........................ Computer records relating to Roll................................... 160
112........................ Application of Part to Australian Capital Territory and Northern Territory 160
Part IX—Objections 163
113........................ Interpretation................................................................... 163
114........................ Objection to enrolment.................................................... 163
115........................ Form and manner of objection........................................ 165
116........................ Notice of objection.......................................................... 165
118........................ Determination of objection.............................................. 167
Part X—Review of decisions 170
120........................ Internal review................................................................ 170
121........................ Review by Administrative Appeals Tribunal.................. 172
122........................ Application of Part to Australian Capital Territory and Northern Territory 173
Part XI—Registration of political parties 174
123........................ Interpretation................................................................... 174
124........................ Registration of political parties........................................ 175
125........................ Register of Political Parties............................................. 175
126........................ Application for registration............................................. 175
127........................ Party not to be registered during election........................ 178
129........................ Parties with certain names not to be registered................ 178
129A..................... Certain party logos not to be entered in the Register....... 180
130........................ Different levels of party may be registered..................... 180
131........................ Variation of application................................................... 180
132........................ Procedure for dealing with application............................ 181
132A..................... Electoral Commission to give reasons for decisions under this Part 183
133........................ Registration..................................................................... 184
134........................ Changes to Register........................................................ 185
134A..................... Objection to continued use of name or logo.................... 188
135........................ Voluntary deregistration................................................. 190
136........................ Deregistration of party failing to endorse candidates or ceasing to be a Parliamentary party 191
137........................ Deregistration of political party on other grounds........... 192
138........................ Deregistration................................................................. 194
138A..................... Review of eligibility of parties to remain in the Register. 194
139........................ Inspection of Register..................................................... 195
140........................ Service of documents...................................................... 195
141........................ Review of certain decisions............................................ 196
Part XIII—Writs for elections 199
151........................ Issue of writs for election of Senators for Territories..... 199
152........................ Forms of writs................................................................ 199
153........................ Writs for election of Senators......................................... 199
154........................ Writs for election of members of House of Representatives 200
155........................ Date for close of Rolls.................................................... 202
156........................ Date of nomination......................................................... 202
157........................ Date of polling................................................................ 202
158........................ Polling to be on a Saturday............................................. 202
159........................ Date of return of writ...................................................... 202
160........................ General election to be held on same day......................... 202
161........................ Application of Part.......................................................... 203
Part XIV—The nominations 204
162........................ Candidates must be nominated........................................ 204
163........................ Qualifications for nomination......................................... 204
164........................ State and Territory members not entitled to be nominated 204
165........................ Multiple nominations prohibited..................................... 205
166........................ Mode of nomination....................................................... 205
167........................ Nominations................................................................... 209
168........................ Grouping of candidates................................................... 209
169........................ Notification of party endorsement................................... 210
169A..................... Notification of independent candidacy............................ 211
169B...................... Verification of party endorsement................................... 211
169C...................... Combination of requests and nominations...................... 212
170........................ Requisites for nomination............................................... 212
170A..................... Objects and effect of qualification checklist.................... 214
170B...................... Providing additional documents with nomination........... 216
171........................ Form of consent to act.................................................... 219
172........................ Rejection of nominations and requests............................ 219
173........................ Deposit to be forfeited in certain cases............................ 220
174........................ Place of nomination........................................................ 221
175........................ Hour of nomination........................................................ 221
176........................ Declaration of nominations............................................. 222
177........................ Withdrawal of consent to a nomination........................... 224
178........................ Return of deposit in case of candidate’s death................ 225
179........................ Proceedings on nomination day...................................... 225
180........................ Death of candidate after nomination................................ 225
181........................ Failure of election........................................................... 226
181A..................... Publication of qualification checklist etc. on website...... 226
181B...................... Delivery of qualification checklist etc. to the Parliament. 227
181C...................... Certain laws do not apply............................................... 228
Part XV—Postal voting 229
182........................ Interpretation................................................................... 229
183........................ Grounds of application for postal vote............................ 229
184........................ Application for postal vote.............................................. 229
184A..................... Application for registration as general postal voter......... 230
184AA.................. Application forms for postal votes.................................. 232
184B...................... Register of General Postal Voters................................... 232
185........................ Registration as general postal voter................................. 232
185B...................... Review of Registers........................................................ 234
185C...................... Cancellation of registration............................................. 235
186........................ Dispatch of postal voting papers to registered general postal voters 235
188........................ Issue of certificate and ballot papers............................... 235
188A..................... Dealing with application after issue of certificate and ballot paper 237
189........................ Inspection of applications............................................... 237
189A..................... Access to electronic list of postal vote applicants............ 238
189B...................... Restriction on use or disclosure of information.............. 239
192........................ Form of postal vote certificate......................................... 241
193........................ Authorised witnesses...................................................... 241
194........................ Postal voting................................................................... 241
195........................ Duty of authorised witnesses etc.................................... 244
195A..................... Procedure for dealing with postal vote certificates etc..... 244
196........................ Opening of postal ballot paper........................................ 247
197........................ Failure to post or deliver postal vote application etc........ 247
198........................ Inducing person to hand over marked ballot paper......... 247
199........................ Correction of formal errors............................................. 248
200........................ Mistakes......................................................................... 248
Part XVA—Pre‑poll voting 249
Division 1—Introduction 249
200AA.................. Guide to this Part............................................................ 249
Division 2—General matters 250
200A..................... Grounds of application for pre‑poll vote......................... 250
200B...................... Pre‑poll voting officers................................................... 250
200BA................... Pre‑poll voting offices.................................................... 250
200C...................... Application for pre‑poll vote........................................... 252
200D..................... Place and time of application........................................... 253
200DA.................. Scrutineers at the pre‑poll voting office.......................... 254
200DB................... Provisions relating to scrutineers at pre‑poll voting office 254
Division 3—Voting by pre‑poll ordinary vote 256
Subdivision A—Preliminary 256
200DC................... Definitions...................................................................... 256
200DD.................. Where is pre‑poll ordinary voting available?................... 256
200DE................... Separate voting compartments........................................ 257
200DF................... Ballot‑boxes.................................................................... 257
Subdivision B—Voting by pre‑poll ordinary vote 257
200DG.................. When is a person entitled to vote by pre‑poll ordinary vote? 257
200DI.................... Questions to be put to voter............................................ 258
200DJ.................... Right of voter to receive ballot paper.............................. 259
200DK................... Voter to mark vote on ballot paper.................................. 259
200DL................... Assistance to certain voters............................................. 260
200DM.................. Voter not entitled to vote again etc.................................. 260
Subdivision C—Requirements relating to ballot‑boxes 260
200DN.................. Subdivision sets out requirements to be complied with.. 260
200DO.................. Requirements to be complied with before first use of ballot‑box 260
200DP................... Requirements to be complied with at end of each day of use of ballot‑box 261
200DQ.................. Requirements to be complied with before ballot‑box used again on later day 261
200DR................... Forwarding of ballot‑boxes for purposes of scrutiny..... 261
Division 4—Voting by pre‑poll declaration vote 263
200DS................... Persons to whom this Division applies........................... 263
200E...................... Pre‑poll declaration voting.............................................. 263
200F...................... Form of pre‑poll vote certificate for declaration voting... 264
200G..................... Record of issue of pre‑poll voting papers....................... 264
200J....................... Opening of pre‑poll voting envelope.............................. 265
200K...................... Obligations of persons present when pre‑poll vote cast.. 265
201........................ Correction of formal errors............................................. 266
202........................ Mistakes......................................................................... 266
Part XVB—Electronically assisted voting 267
202AA.................. Definitions...................................................................... 267
202AB................... Providing for voting by an electronically assisted voting method 267
202AC................... There must be a record of who has voted using the electronically assisted voting method 269
202AD.................. There must be a record of the vote.................................. 269
202AE................... How this Act applies in relation to voting using the electronically assisted voting method 269
202AF................... Electoral Commissioner may decide that electronically assisted voting method is not to be used by sight‑impaired persons.................................................... 270
Part XVI—The polling 271
202A..................... Undertaking by officers and scrutineers......................... 271
203........................ Arrangements for polling................................................ 272
204........................ Substitute........................................................................ 273
205........................ Use of licensed premises as polling booth...................... 273
206........................ Separate voting compartments........................................ 273
207........................ Ballot‑boxes.................................................................... 274
208........................ Certified lists of voters.................................................... 274
208A..................... Approved list of voters................................................... 274
209........................ Ballot papers................................................................... 275
209A..................... Official mark................................................................... 276
209B...................... Administrative markings................................................. 276
210........................ Printing of Senate ballot papers...................................... 277
210A..................... Form of party name on ballot papers.............................. 278
212........................ Ballot papers for House of Representatives elections..... 279
213........................ Determination of order of names.................................... 279
214........................ Printing of political party names etc. on ballot papers..... 281
214A..................... Printing of party logos on ballot papers.......................... 282
215........................ Ballot papers to be initialled............................................ 283
217........................ Scrutineers at the polling................................................. 283
218........................ Provisions relating to scrutineers.................................... 284
219........................ Participation by candidates in conduct of election........... 284
220........................ The polling...................................................................... 284
221........................ Elections at which electors entitled to vote...................... 285
222........................ Where electors may vote................................................. 286
223........................ Interpretation................................................................... 287
224........................ Hospitals that are polling places...................................... 287
226........................ Provisions related to section 224.................................... 288
227........................ Mobile booths................................................................. 289
228........................ Forwarding of declaration votes..................................... 292
229........................ Questions to be put to voter............................................ 296
230........................ Errors not to forfeit vote................................................. 297
231........................ Right of elector to receive ballot paper............................ 298
232........................ Voters to be recorded...................................................... 298
233........................ Vote to be marked in private........................................... 299
234........................ Assistance to certain voters............................................. 299
234A..................... Certain voters may vote outside polling place................. 300
235........................ Provisional votes............................................................ 302
238........................ Spoilt ballot papers......................................................... 303
238A..................... Discarded ballot papers................................................... 304
238B...................... Ballot‑boxes opened before close of poll........................ 304
239........................ Marking of votes in Senate election................................ 308
240........................ Marking of votes in House of Representatives election.. 309
240A..................... Temporary suspension of polling................................... 309
241........................ Adjournment of polling.................................................. 310
242........................ Adjournment in other cases............................................ 310
243........................ Voting at adjourned polling............................................ 310
244........................ Arrangement where elections held in some Divisions only 311
245........................ Compulsory voting......................................................... 311
Part XVIII—The scrutiny 316
263........................ Scrutiny.......................................................................... 316
264........................ Scrutineers at scrutiny..................................................... 316
265........................ Scrutiny, how conducted................................................ 316
266........................ Preliminary scrutiny of declaration votes........................ 317
267........................ Action on objections to ballot papers.............................. 318
268........................ Informal ballot papers..................................................... 318
268A..................... Formal votes below the line............................................ 319
269........................ Formal votes above the line............................................ 320
271........................ Officers not to mark ballot papers so that voter can be identified 322
272........................ Treatment of Senate ballot papers of voters who have voted above the line 322
273........................ Scrutiny of votes in Senate elections............................... 323
273A..................... Computerised scrutiny of votes in Senate election.......... 334
273B...................... Combination of manual and computer scrutiny permitted 336
274........................ Scrutiny of votes in House of Representatives elections. 336
275........................ Scrutiny prior to receipt of declaration ballot papers....... 341
276........................ Provisional scrutiny........................................................ 342
277........................ Scrutiny for information................................................. 342
278........................ Re‑count at Senate elections............................................ 343
279........................ Re‑count at House of Representatives elections.............. 343
279A..................... Notice of re‑count........................................................... 343
279B...................... Conduct of re‑count........................................................ 344
280........................ Powers of officer conducting re‑count............................ 345
281........................ Reservation of disputed ballot papers............................. 345
282........................ Re‑count of Senate votes to determine order of election in other circumstances 346
Part XIX—The return of the writs 348
283........................ Return of writ for election of Senators............................ 348
284........................ Declaration of poll and return of writs for House of Representatives 348
285........................ Correction of errors........................................................ 350
286........................ Extension of time............................................................ 350
Part XX—Election funding and financial disclosure 351
Division 1—Preliminary 351
286A..................... Simplified outline of this Part......................................... 351
287........................ Interpretation................................................................... 352
287AA.................. Meaning of foreign donor.............................................. 359
287AB................... Meaning of electoral expenditure................................... 360
287AC................... Implied freedom of political communication................... 361
287A..................... Campaign committee to be treated as part of State branch of party 361
287C...................... Entities that are not incorporated..................................... 362
Division 1A—Registration of political campaigners and associated entities and the Transparency Register 364
Subdivision A—Simplified outline of this Division 364
287D..................... Simplified outline of this Division.................................. 364
287E...................... Object of this Division.................................................... 364
Subdivision B—Requirement to register as a political campaigner or associated entity 365
287F...................... Requirement to register as a political campaigner............ 365
287H..................... Requirement to register as an associated entity............... 366
287J....................... Expenditure incurred by persons and entities that are not registered when required to be so 367
287K...................... Application for registration............................................. 367
287L...................... Determining an application for registration..................... 368
287M..................... Applications for deregistration........................................ 369
Subdivision C—Transparency Register 370
287N..................... Transparency Register.................................................... 370
287P...................... Obligation to notify Electoral Commissioner of changes to information on Transparency Register 371
287Q..................... Transparency Register to be made public etc.................. 371
287R...................... Entry in Transparency Register prima facie evidence of information 371
Subdivision D—Anti‑avoidance 371
287S...................... Anti‑avoidance................................................................ 371
Division 2—Agents and financial controllers 374
Subdivision A—Simplified outline of this Division 374
287V..................... Simplified outline of this Division.................................. 374
Subdivision B—Appointment of agents 374
288........................ Agents of political parties............................................... 374
289........................ Appointment of agents by candidates and groups........... 375
291........................ Register of Party Agents................................................. 375
292........................ Effect of registration etc.................................................. 376
292A..................... Evidence of appointment................................................. 376
292B...................... Responsibility for action when agent of party or branch dead or appointment vacant 377
292C...................... Revocation of appointment of agent of candidate or group 377
292D..................... Notice of death or resignation of agent of candidate or group 377
Subdivision C—Nomination of financial controllers 378
292E...................... Financial controllers of political campaigners and associated entities 378
Subdivision D—Requirements for appointment or nomination 378
292F...................... Requirements for appointment or nomination................. 378
Division 3—Election funding 380
Subdivision A—Simplified outline of this Division 380
292G..................... Simplified outline of this Division.................................. 380
Subdivision B—Election funding 380
293........................ Election funding for registered political parties............... 380
294........................ Election funding for unendorsed candidates................... 382
295........................ Election funding for unendorsed groups......................... 383
Subdivision BA—Automatic payment of election funding of $10,000 384
296........................ Automatic payment of election funding of $10,000........ 384
Subdivision C—Claims for election funding of more than $10,000 385
297........................ Need for a claim for election funding of more than $10,000 385
298........................ Electoral expenditure incurred......................................... 386
298A..................... Form of claim................................................................. 387
298B...................... Lodging of claim............................................................. 388
298BA................... Varying a claim............................................................... 388
298C...................... Determination of claim.................................................... 388
298D..................... Payment to be made following acceptance of an interim claim 389
298E...................... Payment to be made following acceptance of a final claim 390
298F...................... Refusing a final claim..................................................... 391
298G..................... Application for reconsideration of decision to refuse a final claim 391
298H..................... Reconsideration by Electoral Commission...................... 391
Subdivision D—Payments of election funding 392
299........................ Recovery of amounts that are not payable....................... 392
299A..................... Method of making payments.......................................... 392
Subdivision E—Miscellaneous 395
300........................ Death of candidates or group members........................... 395
301........................ Varying decisions accepting claims................................ 395
302........................ Appropriation................................................................. 396
Division 3A—Requirements relating to donations 397
Subdivision A—Interpretation 397
302A..................... Simplified outline of this Division.................................. 397
302B...................... Definitions...................................................................... 397
302C...................... Object of this Division.................................................... 398
302CA................... Gifts made etc. for federal purposes............................... 398
Subdivision B—Offences and civil penalty provisions relating to donations 401
302D..................... Donations to registered political parties, candidates, Senate groups and political campaigners by foreign donors............................................................................. 401
302E...................... Donations to third parties by foreign donors.................. 403
302F...................... Gifts provided for the purposes of incurring electoral expenditure etc. 405
302G..................... False affirmation or information that donor is not a foreign donor 408
302H..................... Anti‑avoidance................................................................ 409
Subdivision D—Other provisions relating to offences and civil penalty provisions 411
302P...................... Information relating to foreign donor status.................... 411
302Q..................... Debts due to the Commonwealth.................................... 413
302R...................... Physical elements of offences......................................... 414
Division 4—Disclosure of donations 415
302V..................... Simplified outline of this Division.................................. 415
303........................ Interpretation................................................................... 415
304........................ Disclosure of gifts.......................................................... 416
305A..................... Gifts to candidates etc..................................................... 418
305B...................... Gifts to political parties and political campaigners.......... 421
306A..................... Certain loans not to be received...................................... 423
306B...................... Repayment of gifts where corporations wound up etc.... 425
307........................ Nil returns....................................................................... 426
Division 5—Disclosure of electoral expenditure 427
307A..................... Simplified outline of this Division.................................. 427
309........................ Returns of electoral expenditure...................................... 427
311A..................... Annual returns of income and expenditure of Commonwealth Departments 429
313........................ Nil returns....................................................................... 430
314........................ Two or more elections on the same day.......................... 430
Division 5A—Annual returns by registered political parties and other persons 432
314AAA............... Simplified outline of this Division.................................. 432
314AA.................. Interpretation................................................................... 432
314AB................... Annual returns by registered political parties and political campaigners 432
314AC................... Amounts received........................................................... 434
314AE................... Outstanding amounts...................................................... 435
314AEA................ Annual returns by associated entities.............................. 436
314AEB................ Annual returns by third parties....................................... 437
314AEC................ Annual returns relating to gifts received by third parties for electoral expenditure 438
314AF................... Returns not to include lists of party membership............ 440
314AG.................. Regulations..................................................................... 440
Division 6—Miscellaneous 441
314A..................... Simplified outline of this Division.................................. 441
314B...................... Disclosure of amounts given etc. for federal purposes... 441
315........................ Requirement to refund payments.................................... 444
315A..................... Recovery of payments.................................................... 444
316........................ Investigation etc.............................................................. 444
317........................ Keeping records.............................................................. 450
318........................ Inability to complete returns............................................ 452
319........................ Non‑compliance with Part does not affect election......... 453
319A..................... Amendment of claims and returns.................................. 454
320........................ Requirement to publish determinations, notices and returns 456
321........................ Indexation....................................................................... 456
321A..................... Indexation of disclosure threshold.................................. 458
Part XXA—Authorisation of electoral matter 460
Division 1—Preliminary 460
321B...................... Definitions...................................................................... 460
321C...................... Objects of this Part......................................................... 462
Division 2—Authorisation of certain electoral matter 464
321D..................... Authorisation of certain electoral matter.......................... 464
321E...................... Extended geographical application of section 321D........ 469
Division 3—Information‑gathering powers 471
321F...................... Electoral Commissioner may obtain information and documents from persons 471
321G..................... Copies of documents...................................................... 472
321H..................... Retention of documents.................................................. 472
Part XXI—Electoral offences 473
322........................ Interpretation................................................................... 473
323........................ Officers and scrutineers to observe secrecy.................... 473
324........................ Officers not to contravene Act etc................................... 473
325........................ Officers not to influence vote.......................................... 473
325A..................... Influencing votes of hospital patients etc........................ 474
326........................ Bribery............................................................................ 474
327........................ Interference with political liberty etc............................... 475
329........................ Misleading or deceptive publications etc......................... 476
330........................ False statements in relation to Rolls................................ 477
335........................ Cards in polling booth.................................................... 477
336........................ Signature to electoral paper............................................. 477
337........................ Witnessing electoral papers............................................. 478
338........................ Unlawfully marking ballot papers................................... 479
339........................ Other offences relating to ballot papers etc..................... 479
339A..................... Officers not to interfere with etc. ballot‑boxes or ballot papers 480
340........................ Prohibition of certain behaviour near polling booths and pre‑poll voting places 481
341........................ Badges or emblems in polling booths............................. 483
342........................ Duty of witness to claim................................................. 483
343........................ Failure to transmit claim.................................................. 484
345........................ Employers to allow employees leave of absence to vote. 484
346........................ Protection of the official mark......................................... 484
347........................ Disorderly behaviour at meeting..................................... 485
348........................ Control of behaviour at polling booths etc...................... 486
351........................ Publication of matter regarding candidates...................... 487
Part XXII—Court of Disputed Returns 490
Division 1—Disputed Elections and Returns 490
352........................ Interpretation................................................................... 490
353........................ Method of disputing elections......................................... 490
354........................ The Court of Disputed Returns....................................... 491
355........................ Requisites of petition...................................................... 492
356........................ Deposit as security for costs........................................... 493
357........................ Petition by Electoral Commission................................... 493
358........................ No proceedings unless requirements complied with....... 493
359........................ Right of Electoral Commissioner to be represented........ 494
360........................ Powers of Court............................................................. 494
361........................ Inquiries by Court........................................................... 495
362........................ Voiding election for illegal practices etc.......................... 495
363........................ Court to report cases of illegal practices.......................... 496
363A..................... Court must make its decision quickly............................. 496
364........................ Real justice to be observed.............................................. 496
364A..................... Provision for Court to have regard to certain rejected ballot papers 497
365........................ Immaterial errors not to vitiate election........................... 497
365A..................... Election not affected by failure of delivery arrangement. 497
366........................ Errors relating to printing of party affiliations................. 498
367........................ Evidence that person not permitted to vote...................... 498
367A..................... Disposal of petition where election cannot be decided.... 499
368........................ Decisions to be final....................................................... 499
369........................ Copies of petition and order of Court to be sent to House affected, Governor‑General and Speaker 499
370........................ Representation of parties before Court............................ 499
371........................ Costs............................................................................... 500
372........................ Deposit applicable for costs............................................ 500
373........................ Other costs...................................................................... 500
374........................ Effect of decision............................................................ 500
375........................ Power to make Rules of Court........................................ 500
375A..................... Right of Electoral Commission to have access to documents 501
Division 2—Qualifications and vacancies 502
376........................ Reference of question as to qualification or vacancy....... 502
377........................ President or Speaker to state case................................... 502
378........................ Parties to the reference.................................................... 502
379........................ Powers of Court............................................................. 502
380........................ Order to be sent to House affected.................................. 503
381........................ Application of certain sections........................................ 503
Part XXIII—Miscellaneous 504
381A..................... Extension of time for acts by officers............................. 504
382........................ General provisions about enrolment‑related claims etc... 504
383........................ Injunctions...................................................................... 506
384........................ Prosecution of offences.................................................. 510
384A..................... Application of Regulatory Powers Act........................... 510
385........................ Certificate evidence......................................................... 511
385A..................... Evidence of authorship or authorisation of material........ 512
386........................ Disqualification for bribery and undue influence............ 512
386A..................... Immunity from suit......................................................... 512
387........................ Electoral papers to be sent free by post........................... 513
387A..................... Service of process by mail.............................................. 513
388........................ Averments deemed to be proved..................................... 513
389........................ Defendant may be called upon to give evidence.............. 514
390........................ Production of claims for enrolment etc........................... 514
390A..................... Claims for enrolment etc. not to be subject to warrants... 514
391........................ Record of claims for enrolment etc................................. 515
392........................ Forms............................................................................. 515
393A..................... Preservation of documents.............................................. 517
394........................ No State or Territory vote to be held on polling day....... 518
395........................ Regulations..................................................................... 519
Schedule 1—Forms 520
Schedule 2—Grounds of application for postal or pre‑poll vote 548
Schedule 3—Rules for the conduct of a preliminary scrutiny of declaration votes 550
Endnotes 557
Endnote 1—About the endnotes 557
Endnote 2—Abbreviation key 559
Endnote 3—Legislation history 560
Endnote 4—Amendment history 581
Endnote 5—Editorial changes 629
Endnote 6—Miscellaneous 631
An Act to Consolidate and Amend the Law relating to Parliamentary Elections and for other purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Commonwealth Electoral Act 1918.
2 Commencement
The several Parts and sections of this Act shall commence on such dates as are respectively fixed by proclamation.
3 Repeal
(1) The several Parts and sections of the following Acts, namely: the Commonwealth Electoral Act 1902, the Commonwealth Electoral Act 1905, the Commonwealth Electoral Act 1906, the Disputed Elections and Qualifications Act 1907, the Commonwealth Electoral Act 1909, the Commonwealth Electoral Act 1911, the Commonwealth Franchise Act 1902, and the Electoral Divisions Act 1903, are repealed as from such dates as are respectively fixed by proclamation.
(2) All appointments, divisions, subdivisions, polling places, electoral rolls, regulations, notices, proceedings, and all other matters and things duly appointed, made, commenced, or done under the Acts hereby repealed and in force, current, operative, or pending at the commencement of this Act shall, subject to this Act, be of the same force or effect in all respects as if this Act had been in force when they were so appointed, made, commenced, or done, and they had been respectively appointed, made, commenced, or done hereunder.
4 Interpretation
(1) In this Act unless the contrary intention appears:
abbreviation of the name of a political party means a shortened version, or an acronym, of the party’s name and does not include an alternative name of the party.
above the line: a square is printed above the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(ii).
AFP officer or staff member means:
(a) a member or special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979; or
(b) a special protective service officer, within the meaning of that Act; or
(c) an AFP employee, within the meaning of that Act; or
(d) a person assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act.
answers: a person answers a mandatory question in the qualification checklist if the person marks one (and only one) box that is:
(a) directly under the question; and
(b) adjacent to the word “Yes” or “No”, or (if applicable) “Unknown” or “N/A”.
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 is, in the course of the elector’s employment:
(a) in Antarctica; or
(b) on a ship at sea in transit to or from Antarctica.
approved form means:
(a) a form that:
(i) is approved by the Electoral Commissioner in writing; and
(ii) has been published by the Electoral Commissioner; or
(b) a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described).
Note 1: An approved form under paragraph (a) might be published by the Electoral Commissioner on the Electoral Commission’s website.
Note 2: An example of an approved form under paragraph (b) is giving a notice by using a specified web portal.
approved list of voters for a Division means a list in electronic form that:
(a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b) is approved by the Electoral Commissioner for use in connection with voting under this Act.
Australia includes:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
Australian Capital Territory includes Norfolk Island and the Jervis Bay Territory.
Australian passport means a passport issued under the Australian Passports Act 2005.
below the line: a square is printed below the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(i).
bulk nomination has the meaning given by subsection 167(3).
capital city office of the Electoral Commission has the meaning given by subsection 90A(3).
carriage service provider has the meaning given by section 87 of the Telecommunications Act 1997.
Census means a Census of the population taken under section 8 of the Census and Statistics Act 1905.
certified list of voters, in respect of a Division, means a list prepared and certified under subsection 208(1).
child of a person includes:
(a) an ex‑nuptial child of the person; and
(b) a child adopted by the person; and
(c) a child of the person within the meaning of the Family Law Act 1975.
civil penalty order has the meaning given by subsection 82(4) of the Regulatory Powers Act.
civil penalty provision has the meaning given by the Regulatory Powers Act.
compartment means:
(a) in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 206; and
(b) in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 200DE.
Note: For the places at which pre‑poll ordinary voting is available, see section 200DD.
Controller‑General of Prisons:
(a) of a State, the Australian Capital Territory (not including a non‑self‑governing Territory) or the Northern Territory (not including a non‑self‑governing Territory)—means the principal officer (however described) having control of the prisons and gaols of the State or Territory; and
(b) of a non‑self‑governing Territory—means the principal officer (however described) having control of the prisons and gaols of the non‑self‑governing 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 time has the meaning given by subsection 175(2).
declaration vote means:
(a) a postal vote;
(b) a pre‑poll declaration vote;
(c) an absent vote; or
(d) a provisional vote.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
defence civilian has the same meaning as in the Defence Force Discipline Act 1982.
defence member has the same meaning as in the Defence Force Discipline Act 1982.
Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19.
dividing line means the line on a ballot paper that separates the voting method described in subsection 239(1) from the voting method described in subsection 239(2).
Division means an Electoral Division for the election of a member of the House of Representatives.
DRO means Divisional Returning Officer.
election and ballot matters means matters relating to Parliamentary elections, elections, ballots under the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009, and referendums.
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 has the meaning given by section 4AA.
Eligible overseas elector means an elector who is entitled under section 94 or 95 to be treated as an eligible overseas elector.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
General election means a general election of the members of the House of Representatives.
Hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.
House of Representatives election means an election of a member of the House of Representatives.
how‑to‑vote card means a card, handbill or pamphlet:
(a) that:
(i) is, or includes, a representation of a ballot paper or part of a ballot paper for an election (or something apparently intended to represent a ballot paper or part of a ballot paper for an election); and
(ii) is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or
(b) that lists the names of 2 or more of the candidates or registered political parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or
(c) that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet:
(i) that only relates to first preference votes; or
(ii) that only relates to last preference votes.
Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.
Issuing point, in relation to a polling booth, means a place within the polling booth at which ballot papers are issued to persons voting at the booth.
Itinerant elector means an elector who is entitled under section 96 to be treated as an itinerant elector.
Justice of the Peace means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State.
listed carriage service has the meaning given by section 16 of the Telecommunications Act 1997.
mandatory question in the qualification checklist means a question to which the answer is “Yes” or “No”, or (if applicable) “Unknown” or “N/A”.
next of kin has a meaning affected by subsection (11).
non‑self‑governing Territory means Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.
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, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre‑poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 28.
Organization includes:
(a) a body corporate;
(b) an association or other body of persons;
(c) an association that consists of 2 or more organizations within the meaning of the preceding paragraphs; and
(d) a part of an organization within the meaning of a preceding paragraph.
Part, in relation to an organization, includes:
(a) a branch or division of the organization; and
(b) a part of a part of the organization.
police officer means a member of the Australian Federal Police or of the police force of a State or Territory.
political entity means any of the following:
(a) a registered political party;
(b) a State branch (within the meaning of Part XX) of a registered political party;
(c) a candidate (within the meaning of that Part) in an election (including a by‑election);
(d) a member of a group (within the meaning of that Part).
Note: For candidates and groups, see subsection 287(9).
Political party means an organization the object or activity, or one of the objects or activities, of which is the promotion of the election to the Senate or to the House of Representatives of a candidate or candidates endorsed by it.
Polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, in pursuance of paragraph 203(1)(a), for the purpose of taking votes during polling.
polling official means a deputy presiding officer or an assistant presiding officer.
Polling place means a place appointed as a polling place in pursuance of section 80.
pre‑poll declaration vote: see subsection 200AA(2).
pre‑poll ordinary vote: see subsection 200AA(2).
pre‑poll voting office for an election means a place declared by the Electoral Commissioner under subsection 200BA(1) to be a pre‑poll voting office for the election.
pre‑poll voting officer means:
(a) an Assistant Divisional Returning Officer; or
(b) an officer appointed under section 200B.
prescribed authority means:
(a) the Agency Head of an Agency (within the meaning of the Public Service Act 1999) that is specified in regulations made for the purposes of this definition; or
(b) the chief executive officer of an authority of the Commonwealth that is specified in regulations made for the purposes of this definition.
provisionally enrolled has the meaning given by subsection (1B).
provisional vote means a vote cast under section 235.
qualification checklist means the checklist in Form DB of Schedule 1.
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:
(a) of a State, the Australian Capital Territory (not including a non‑self‑governing Territory) or the Northern Territory (not including a non‑self‑governing Territory)—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the State or Territory; and
(b) of a non‑self‑governing Territory—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the non‑self‑governing Territory.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
Returning Officer includes Divisional Returning Officer, Assistant Returning Officer and Assistant Divisional Returning Officer.
Roll means an Electoral Roll under this Act.
Senate election means an election of Senators for a State or Territory.
sentence of imprisonment has the meaning given subsection (1A).
Subdivision means a subdivision of a Division.
substitute presiding officer means a person holding an appointment under section 204.
Territory means the Australian Capital Territory or the Northern Territory.
video recording includes a video recording that is recorded on means other than a videotape.
(1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if:
(a) the person is in detention on a full‑time basis for an offence against a law of the Commonwealth or a State or Territory; and
(b) that detention is attributable to the sentence of imprisonment concerned.
(1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B.
(2) For the purposes of this Act, an organization shall be taken to endorse a candidate in an election if a part of the organization, or an organization of which the first‑mentioned organization is a part, endorses the candidate in that election.
(3) A reference in this Act to age 16 enrolment shall be read as a reference to enrolment in pursuance of section 100.
(4) Where a Division is not divided into Subdivisions, a reference in this Act to a Subdivision shall, in relation to that Division, be read as a reference to that Division.
(5) In this Act, unless the contrary intention appears:
(a) a reference to a Division shall be read as including a reference to the Northern Territory; and
(b) a reference to a Subdivision shall be read as including a reference to a District of that Territory specified in a notice published under subsection 79(1).
(5A) If Part IV commences to apply to the Northern Territory in accordance with section 55A, subsection (5) shall, on and from the day of the first determination in relation to the Northern Territory under section 73 or 76 after that commencement, have effect as if:
(a) paragraph (a) were omitted; and
(b) the words “of that Territory” were omitted from paragraph (b).
(6) This Act extends to:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
(7) In relation to a Senate election, a provision of this Act that:
(a) provides for the giving of a document to; or
(b) confers a power or function on;
the Australian Electoral Officer shall be taken to refer to the Australian Electoral Officer for the State or Territory in which the election is to be conducted.
(7A) Unless the contrary intention appears, a reference in this Act to an election or poll in, for or in relation to, a Division or Subdivision, includes a reference to a Senate election, or a poll for a Senate election, for the State or Territory that includes the Division or Subdivision.
(8) In relation to an election of a member of the House of Representatives for a Division, a provision of this Act that:
(a) provides for the giving of a document to; or
(b) confers a power or function on;
the Divisional Returning Officer shall be taken to refer to the Divisional Returning Officer for that Division.
(10) In this Act, a reference to the principal office of the Electoral Commission in a place is a reference to the office for the time being declared by the Electoral Commissioner, by notice published in the Gazette, to be the principal office of the Commission in that place.
(11) In determining whether a person is next of kin of another person, the following persons are also to be taken into account:
(a) a de facto partner of the person;
(b) a child of the person, or someone of whom the person is a child, because of the definition of child in this section;
(c) anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account.
4AA Meaning of electoral matter
(1) Electoral matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote in an election (a federal election) of a member of the House of Representatives or of Senators for a State or Territory, including by promoting or opposing:
(a) a political entity, to the extent that the matter relates to a federal election; or
(b) a member of the House of Representatives or a Senator.
Note: Communications whose dominant purpose is to educate their audience on a public policy issue, or to raise awareness of, or encourage debate on, a public policy issue, are not for the dominant purpose of influencing the way electors vote in an election (as there can be only one dominant purpose for any given communication).
(2) For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is electoral matter.
Note: For example, matter that is covered by an exception under subsection (5) when originally communicated may become electoral matter if recommunicated for the dominant purpose referred to in subsection (1).
Rebuttable presumption for matter that expressly promotes or opposes political entities etc.
(3) Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes:
(a) a political entity, to the extent that the matter relates to a federal election; or
(b) a member of the House of Representatives or a Senator, to the extent that the matter relates to a federal election;
is presumed to be the purpose referred to in subsection (1), unless the contrary is proved.
Matters to be taken into account
(4) Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter:
(a) whether the communication or intended communication is or would be to the public or a section of the public;
(b) whether the communication or intended communication is or would be by a political entity or political campaigner (within the meaning of Part XX);
(c) whether the matter contains an express or implicit comment on a political entity, a member of the House of Representatives or a Senator;
(d) whether the communication or intended communication is or would be received by electors near a polling place;
(e) how soon a federal election is to be held after the creation or communication of the matter;
(f) whether the communication or intended communication is or would be unsolicited.
Exceptions
(5) Despite subsections (1) and (3), matter is not electoral matter if the communication or intended communication of the matter:
(a) forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or
(b) is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or
(c) is or would be a private communication by a person to another person who is known to the first person; or
(d) is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code) in that person’s capacity as such an official; or
(e) is or would be a private communication to a political entity (who is not a Commonwealth public official) in relation to public policy or public administration; or
(f) occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
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 and of the Northern Territory, 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.
Note: A person must not be the registered officer or a deputy registered officer of more than one registered political party at a particular time (see subsection 126(2B)).
(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) must be in writing, signed by the registered officer and lodged with the Commission; and
(b) must specify the name and address of the person nominated and bear the signature of that person; and
(ba) must include a signed declaration by the person nominated that subsection 126(2B) is not contravened by lodging the nomination of the person as the deputy registered officer; and
(c) may be revoked at any time by the registered officer by written notice lodged with the Commission.
(4) A nomination of a person as a deputy registered officer under subsection (2) is invalid if subsection 126(2B) is contravened by lodging the nomination of the person as the deputy registered officer.
4D Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part II—Administration
Division 1—Preliminary
5 Interpretation
In this Part:
acting Commissioner includes a person acting as the Electoral Commissioner.
appointed Commissioner means the Chairperson or the non‑judicial appointee.
Chairperson means the Chairperson of the Commission.
Commission means the Commission established by section 6.
Commissioner means a member of the Commission, and includes the Chairperson.
electoral officer means the Electoral Commissioner, the Deputy Electoral Commissioner or an Australian Electoral Officer for a State.
eligible Judge means:
(a) a Judge, other than the Chief Justice, of the Federal Court of Australia who has been a Judge of that Court for a period of at least 3 years; or
(b) a former Judge of that Court who was such a Judge for a period of at least 3 years.
non‑judicial appointee means the Commissioner referred to in paragraph 6(2)(c).
Parliamentary matters includes matters relating to the role and functions of the Parliament.
5A Application of Part in relation to Northern Territory
This Part has effect as if a reference to a State included a reference to the Northern Territory.
Division 2—The Australian Electoral Commission
6 Establishment of Commission
(1) There is established by this section a Commission by the name of the Australian Electoral Commission.
(2) The Commission shall consist of:
(a) a Chairperson;
(b) the Electoral Commissioner; and
(c) one other member.
(2A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) the Commission is a listed entity; and
(b) the Electoral Commissioner is the accountable authority of the Commission; and
(c) the following persons are officials of the Commission:
(i) the Electoral Commissioner;
(ii) the Deputy Electoral Commissioner;
(iii) the Australian Electoral Officer for a State or Territory;
(iv) the staff of the Commission referred to in section 29; and
(d) the purposes of the Commission include:
(i) the functions of the Commission referred to in section 7; and
(ii) the functions of the Electoral Commissioner referred to in subsection 18(2).
(3) The Chairperson and the non‑judicial appointee shall be appointed by the Governor‑General and shall hold office on a part‑time basis.
(4) The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor‑General for the purposes of this section by the Chief Justice of the Federal Court of Australia.
(5) A person shall not be appointed as the non‑judicial appointee unless the person is the holder of:
(a) an office of Agency Head (within the meaning of the Public Service Act 1999); or
(b) an office established by or under an Act and having, in the opinion of the Governor‑General, a status equivalent to that of an office referred to in paragraph (a).
(6) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of there being one vacancy in the membership of the Commission.
7 Functions and Powers of Commission
(1) The functions of the Commission are:
(a) to perform functions that are permitted or required to be performed by or under this Act, not being functions that:
(i) a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; or
(ii) consist of the appointment of a person to an office; and
(b) to consider, and report to the Minister on, election and ballot matters referred to it by the Minister and such other election and ballot matters as it thinks fit; and
(c) to promote public awareness of election and ballot matters, 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 election and ballot matters to the Parliament, the Government, Departments and authorities of the Commonwealth; and
(e) to conduct and promote research into election and ballot matters and other matters that relate to its functions; and
(f) to publish material on matters that relate to its functions; and
(fa) to provide, in cases approved by the Foreign Affairs Minister, assistance in matters relating to elections and referendums (including the secondment of personnel and the supply or loan of materiel) to authorities of foreign countries or to foreign organisations; and
(g) to perform such other functions as are conferred on it by or under any law of the Commonwealth.
(2) The Commission may perform any of the functions referred to in paragraphs (1)(b) to (f) (inclusive) in conjunction with the electoral authorities of a State, of the Australian Capital Territory or of the Northern Territory.
(3) The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.
7A Supply of goods and services
(1) Subject to this section, the Commission may make arrangements for the supply of goods or services to any person or body. The arrangements that may be made by the Commission include an arrangement under which an authorised person enters into an agreement, on behalf of the Commonwealth, for the supply of goods or services to a person or body. For this purpose, authorised person means a person who is authorised in writing by the Commission to enter into agreements under this subsection.
(1A) The arrangements the Commission may make under subsection (1) may cover the same matters that may be covered by a section 84 arrangement.
(1B) An arrangement under subsection (1) may supplement a section 84 arrangement.
(1C) The use by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken to be authorised by this Act.
Note: The effect of this subsection includes (but is not limited to) an authorisation for the purposes of paragraph 6.2(b) of Australian Privacy Principle 6.
(1D) To avoid doubt, the disclosure by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken:
(a) to be authorised by this Act; and
(b) not to contravene any provision of this Act.
Note: The effect of paragraph (a) includes (but is not limited to) an authorisation for the purposes of paragraph 6.2(b) of Australian Privacy Principle 6.
(1E) A law of a State or Territory has no effect to the extent to which the law in any way prohibits a person or body from, or penalises or discriminates against a person or body for:
(a) entering into, or proposing to enter into, an arrangement under subsection (1); or
(b) taking part in or assisting with, or proposing to take part in or assist with, the conduct of an activity (such as a plebiscite) to which an arrangement under subsection (1) relates.
(1F) If the operation of subsection (1E) would, but for this subsection, exceed the legislative powers of the Commonwealth, it is the intention of the Parliament that it operate to the extent that the law of the State or Territory would be inconsistent with Article 19, or paragraph (a) of Article 25, of the International Covenant on Civil and Political Rights.
Note: Articles 19 and 25 of the International Covenant on Civil and Political Rights are set out in Schedule 2 to the Australian Human Rights Commission Act 1986.
(1G) Subsection (1F) does not limit the operation of section 15A of the Acts Interpretation Act 1901.
(2) The Commission may make arrangements for the supply of goods or services only to the extent that it can do so by using:
(a) information or materiel in its possession or in the possession of its officers or members of its staff, either under this Act or any other law; or
(b) expertise that it has acquired or that has been acquired by its officers or members of its staff, either under this Act or any other law.
7B Fees for goods and services
Unless otherwise provided by or under this Act or another Act, reasonable fees may be charged for goods or services supplied under section 7A.
8 Tenure and terms of office
(1) Subject to this Division, an appointed Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(3) Where:
(a) at any time, a person who is the non‑judicial appointee holds an office of a kind referred to in paragraph 6(5)(a);
(b) the person ceases to be the holder of that office; and
(c) the person does not, immediately upon ceasing to hold that office, commence to hold another such office;
the person shall cease to be a Commissioner.
(4) Where:
(a) a person who was appointed as the non‑judicial appointee by virtue of holding an office referred to in paragraph 6(5)(b) ceases to hold that office; and
(b) the person does not, immediately upon ceasing to hold that office, commence to hold an office of a kind referred to in paragraph 6(5)(a);
the person shall cease to be a Commissioner.
(5) An appointed Commissioner holds office on such terms and conditions not provided for by this Act as are determined by the Governor‑General.
9 Leave of absence
The Commission may grant the non‑judicial appointee leave of absence from a meeting of the Commission.
10 Resignation
An appointed Commissioner may resign by delivering to the Governor‑General a signed notice of resignation.
11 Disclosure of interests
(1) A Commissioner or an acting Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Commission.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission and the Commissioner or acting Commissioner shall not, unless the Minister otherwise determines:
(a) be present during any deliberation of the Commission with respect to that matter; or
(b) take part in any decision of the Commission with respect to that matter.
(3) This section applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
12 Termination of appointment
If the non‑judicial appointee:
(a) is absent, except on leave granted by the Commission in accordance with section 9, from 3 consecutive meetings of the Commission; or
(b) fails, without reasonable excuse, to comply with his or her obligations under section 11;
the Governor‑General shall terminate the appointment of the non‑judicial appointee.
13 Acting Chairperson
The Governor‑General may appoint a person to act as Chairperson:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
14 Acting non‑judicial appointee
The Governor‑General may appoint a person to act as the non‑judicial appointee:
(a) during a vacancy in the office of the non‑judicial appointee, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the non‑judicial appointee is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
14A Remuneration
(1A) This section applies to:
(a) a person who is acting as Chairperson or as the non‑judicial appointee; or
(b) the Chairperson, if he or she is a former Judge of the Federal Court of Australia.
(1) A person to whom this section applies is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the person shall be paid such remuneration as is prescribed.
(2) The person shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
15 Meetings of Commission
(1) The Chairperson may, at any time, convene a meeting of the Commission.
(2) The Chairperson shall convene such meetings of the Commission as, in his or her opinion, are necessary for the efficient performance of its functions.
(3) At a meeting of the Commission, 2 Commissioners constitute a quorum.
(4) The Chairperson shall preside at all meetings of the Commission at which he or she is present.
(5) If the Chairperson is not present at a meeting of the Commission, the Commissioners present shall elect one of their number to preside at that meeting.
(6) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting.
(7) The person presiding at a meeting of the Commission has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.
(8) If, at any meeting of the Commission at which 2 Commissioners only are present, not being a meeting from which a Commissioner is absent by reason of section 11, the Commissioners differ in opinion on any matter, the determination of that matter shall be postponed to a full meeting of the Commission.
(9) The Commission may regulate the conduct of proceedings at its meetings as it thinks fit.
(10) In this section:
(a) a reference to the Chairperson shall, if a person is acting as Chairperson, be construed as a reference to the person so acting; and
(b) a reference to a Commissioner shall, if a person is acting as the Chairperson, the non‑judicial appointee or the Electoral Commissioner, be construed as including a reference to the person so acting.
16 Delegation by Commission
(1) The Commission may by resolution delegate to an appointed Commissioner, an electoral officer or a member of the staff of the Commission all or any of its powers under:
(a) this Act, other than its powers under Part IV; or
(b) any other law.
(2) A certificate signed by the Chairperson stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.
(3) A document purporting to be a certificate under subsection (2) shall, unless the contrary is established, be taken to be such a certificate.
17 Reports by the Commission
(1A) A report prepared by the Electoral Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars for the period of:
(a) each person or organisation to whom the Commission has provided a copy of a Roll under subsection 90B(1); and
(b) each person or organisation to whom the Commission has given a copy of a Roll, or an extract of a Roll, under subsection 90B(4).
(2) The Commission shall, as soon as practicable after the polling day in:
(a) a general election and any Senate election that had the same polling day as that general election; or
(b) a Senate election (other than a Senate election referred to in paragraph (a));
prepare and furnish to the Minister a report of the operation of Part XX in relation to that election or those elections.
(2A) A report under subsection (2) in relation to an election must include a list of the names of all persons who, in the opinion of the Commission, are or may be required to furnish a return under subsection 305A(1) or (1A) in relation to that election.
(2B) The Commission may prepare and furnish to the Minister, otherwise than under subsection (2), such reports on the operation of Part XX as the Commission thinks appropriate.
(2C) Subject to section 17A, the Commission must include in any report referred to in this section particulars of the operation of subsection 316(2A) since the preparation of the last report referred to in 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 (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 referred to in this section need not include particulars of a matter if those particulars have been included in an earlier report referred to in this section.
17A Certain particulars not to be included in reports
(1) A report referred to in 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 a contravention or potential contravention of a civil penalty provision in this Act.
(2) In this section:
prescribed person means a person whose name is included in a list in a report mentioned in subsection 17(2A).
Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States
18 Electoral Commissioner
(1) There shall be an Electoral Commissioner.
(2) The Electoral Commissioner shall be the chief executive officer of the Commission and shall have such other functions, and such powers, as are conferred upon him or her by or under any law of the Commonwealth.
(3) The Electoral Commissioner may give written directions to officers with respect to the performance of their functions, and the exercise of their powers, under this Act.
19 Deputy Electoral Commissioner
(1) There shall be a Deputy Electoral Commissioner.
(2) The Deputy Electoral Commissioner shall perform such duties as the Electoral Commissioner directs.
(3) Subject to subsection (4), the Deputy Electoral Commissioner shall act as the Electoral Commissioner:
(a) during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to persons acting as the Electoral Commissioner, see section 33A of the Acts Interpretation Act 1901.
(4) The Deputy Electoral Commissioner shall not act as the Electoral Commissioner during a vacancy in the office of Electoral Commissioner while a person appointed under section 26 is acting in that office.
20 Australian Electoral Officers for States
(1) There shall be an Australian Electoral Officer for each State who shall, subject to the directions of the Electoral Commissioner, be the principal electoral officer in the State.
(2) An Australian Electoral Officer for a State shall have such other functions, and such powers, as are conferred on him or her by any law of the Commonwealth or of a Territory.
(3) An Australian Electoral Officer for a State may, subject to any directions given by the Electoral Commissioner, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the State.
21 Terms and conditions of appointment etc.
(1) An electoral officer shall be appointed by the Governor‑General.
(2) Subject to this Act, an electoral officer holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(4) An electoral officer holds office on such terms and conditions not provided for by this Act as are determined by the Governor‑General.
22 Remuneration
(1) An electoral officer shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the officer shall be paid such remuneration as is prescribed.
(2) An electoral officer shall be paid such allowances (if any) as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
23 Leave of absence
(1) An electoral officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Commission may grant an electoral officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.
24 Resignation
An electoral officer may resign by delivering to the Governor‑General a signed notice of resignation.
25 Termination of appointment
(1) The Governor‑General may terminate the appointment of an electoral officer by reason of misbehaviour or physical or mental incapacity.
(2) If an electoral officer:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) engages in paid employment outside the duties of his or her office without the approval of the Commission;
the Governor‑General shall terminate the appointment of the electoral officer.
(3) The Governor‑General must terminate the appointment of the Electoral Commissioner, or the Deputy Electoral Commissioner while acting as the Electoral Commissioner, if the Commissioner or Deputy fails, without reasonable excuse, to comply with his or her obligations under:
(a) section 11; or
(b) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
26 Acting Electoral Commissioner
The Governor‑General may appoint a person to act as the Electoral Commissioner:
(a) during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when:
(i) the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; and
(ii) no person is acting as the Electoral Commissioner by virtue of holding the office of, or acting as, the Deputy Electoral Commissioner.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
27 Acting Deputy Electoral Commissioner
The Governor‑General may appoint a person to act as the Deputy Electoral Commissioner:
(a) during a vacancy in the office of the Deputy Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Deputy Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
28 Delegation by Electoral Commissioner
(1) The Electoral Commissioner may, in writing, delegate all or any of his or her powers or functions under this Act, other than the powers and functions conferred by Parts III and IV, to any of the following:
(a) any officer;
(b) any other member of the staff of the Electoral Commission.
Note: The definition of officer covers Australian Electoral Officers and Divisional Returning Officers, as well as various other people.
(2) In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the Electoral Commissioner.
Division 4—Staff of the Commission
29 Staff
(1) Subject to subsection (2), the staff of the Commission shall consist of:
(a) persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and
(b) persons employed or engaged by the Commission under this Division.
(2) For the purposes of the Public Service Act 1999:
(a) the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and
(b) the Electoral Commissioner is the Head of that Statutory Agency.
30 Australian Electoral Officer for the Australian Capital Territory
(1) The Commission shall, for the purposes of each election, appoint an Australian Electoral Officer for the Australian Capital Territory and such an appointment shall terminate upon the completion of the election.
(2) The Commission may appoint a person to act as Australian Electoral Officer for the Australian Capital Territory during any period, or during all periods, when the Australian Electoral Officer for the Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
31 Assistant Australian Electoral Officers for States
(1) The Commission shall appoint an Assistant Australian Electoral Officer for each State.
(2) An Assistant Australian Electoral Officer for a State shall assist the Australian Electoral Officer for the State.
(3) An Assistant Australian Electoral Officer for a State shall act as Australian Electoral Officer for the State:
(a) during a vacancy in the office of Australian Electoral Officer for the State, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Australian Electoral Officer for the State is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to persons acting as the Australian Electoral Officer for a State, see section 33A of the Acts Interpretation Act 1901.
32 Divisional Returning Officers
(1) There shall be a Divisional Returning Officer for each Division, who shall be charged with the duty of giving effect to this Act within or for the Division subject to the directions of the Electoral Commissioner and the Australian Electoral Officer for the State or, if the Division is, or is part of, the Australian Capital Territory, the directions of the Electoral Commissioner.
(2) A Divisional Returning Officer for a Division may, subject to any directions given by the Electoral Commissioner and, if the Division is part of a State, the Australian Electoral Officer for the State, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the Division.
33 Assistant Returning Officers
(1) The Electoral Commissioner may, for the purposes of a particular election, appoint a person to be an Assistant Returning Officer.
(2) A person appointed to be an Assistant Returning Officer may, subject to the control of the Electoral Commissioner, perform such functions and exercise such powers as are conferred on the person by this Act.
(3) An appointment under subsection (1) terminates upon completion of the election.
34 Assistant Divisional Returning Officers
(1) A person may be appointed to be an Assistant Divisional Returning Officer for a Subdivision.
(2) The Electoral Commissioner may appoint an Assistant Divisional Returning Officer for a District referred to in subsection 79(2).
(3) A person appointed to be an Assistant Divisional Returning Officer for a Subdivision may, subject to the control of the Divisional Returning Officer for the Division in which the Subdivision is situated, perform the functions and exercise the powers of the Divisional Returning Officer in relation to that Subdivision.
35 Employment of additional staff, consultants etc.
(1) The Commission may, on behalf of the Commonwealth, employ, under agreements in writing:
(a) such temporary staff as the Commission thinks necessary for the purposes of:
(i) the conduct of an election, referendum, ballot or Roll review; or
(ii) the conduct of education and information programs referred to in paragraph 7(1)(c); and
(b) such senior executive staff as the Commission thinks necessary to assist the Commission in the performance of its functions and otherwise for the purposes of this Act.
(2) The Commission may, on behalf of the Commonwealth, engage, under agreements in writing, persons having suitable qualifications and experience as consultants to, or to perform services for, the Commission.
(3) The terms and conditions of employment of persons employed under subsection (1) are such as are from time to time determined by the Commission.
(4) The terms and conditions of engagement of persons engaged under subsection (2) are such as are from time to time determined by the Commission.
Division 5—Miscellaneous
36 Candidates not to be officers
No candidate shall be appointed an officer, and an officer who becomes a candidate shall thereby vacate his or her office.
37 AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers
(1) The Electoral Commissioner may, in writing, authorise one or more persons who are members of the staff of the Electoral Commission to exercise or perform:
(a) in relation to one or more specified Divisions, powers, functions or duties that are conferred on a Divisional Returning Officer for those Divisions; or
(b) in relation to one or more specified Subdivisions, powers, functions or duties that are conferred on an Assistant Divisional Returning Officer for those Subdivisions.
(2) An authorisation:
(a) may be made subject to conditions or limitations specified in the authorisation; and
(b) does not limit the power of a Divisional Returning Officer or Assistant Divisional Returning Officer (as the case requires) to act in any matter.
Effect of authorisation relating to DROs
(3) If an authorisation is given in relation to the powers, functions or duties of a Divisional Returning Officer for a specified Division:
(a) the person authorised in relation to the Division may exercise or perform any power, function or duty of a Divisional Returning Officer for the Division, subject to:
(i) any condition or limitation under paragraph (2)(a); and
(ii) any direction of a Divisional Returning Officer for the Division; and
(b) a reference to a Divisional Returning Officer or DRO in this Act is taken to include a reference to the person.
Effect of authorisation relating to Assistant Divisional Returning Officers
(4) If an authorisation is given in relation to the powers, functions or duties of an Assistant Divisional Returning Officer for a specified Subdivision:
(a) the person authorised in relation to the Subdivision may exercise or perform any power, function or duty of an Assistant Divisional Returning Officer for the Subdivision, subject to:
(i) any condition or limitation under paragraph (2)(a); and
(ii) any direction of an Assistant Divisional Returning Officer for the Subdivision, or of a Divisional Returning Officer for the Division in which the Subdivision is situated; and
(b) a reference to an Assistant Divisional Returning Officer in this Act is taken to include a reference to the person.
Note: As a result of subsection 34(3), the person authorised may also exercise or perform, in relation to the Subdivision, any power, function or duty of the Divisional Returning Officer for the Division in which the Subdivision is situated.
38 Offices of Divisional Returning Officers
(1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located.
(2) However, subsection (1) does not apply if:
(a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and
(b) either:
(i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or
(ii) the office is currently being relocated within the Division.
(3) A written authority given under subsection (1) is not a legislative instrument.
Part III—Representation in the Parliament
Division 1AA—Interpretation
38A Interpretation
In this Part, unless the contrary intention appears:
Australian Capital Territory includes the Jervis Bay Territory but does not include Norfolk Island.
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.
Division 1—Choosing of senators for Queensland
39 Senators to be directly chosen by people of State etc.
(1) Senators for the State of Queensland shall be directly chosen by the people of the State voting as one electorate.
(2) The Parliament of the State of Queensland may not make laws pursuant to section 7 of the Constitution dividing the State into divisions and determining the number of senators to be chosen for each division.
Division 2—Representation of the Territories in the Senate
40 Representation of the Territories in the Senate
(1) Subject to subsection (2), the Australian Capital Territory and the Northern Territory shall each be represented in the Senate by 2 senators for the Territory directly chosen by the people of the Territory voting as one electorate.
(2) Where the number of members of the House of Representatives to be chosen in the Australian Capital Territory or the Northern Territory at a general election is 6 or more, that Territory shall, on and from the day of the general election, be represented in the Senate by one senator for every 2 members of the House of Representatives to be chosen in that Territory.
(3) Where the number of members of the House of Representatives to be chosen in the Australian Capital Territory or the Northern Territory at a general election is an odd number, subsection (2) applies as if the number were reduced by one.
(4) Subject to subsection (5), a Territory (other than the Australian Capital Territory and the Northern Territory) is not entitled to separate representation in the Senate.
(5) Where 2 or more members of the House of Representatives are to be chosen in a Territory (other than the Australian Capital Territory or the Northern Territory) at a general election, that Territory shall, on and from the day of the general election, be represented in the Senate by one senator for every 2 members of the House of Representatives to be chosen in that Territory.
(6) Where the number of members of the House of Representatives to be chosen in a Territory (other than the Australian Capital Territory or the Northern Territory) at a general election is an odd number, subsection (5) applies as if the number were reduced by one.
(6A) Until Norfolk Island becomes entitled to separate representation in the Senate under subsection (5), this section has effect as if Norfolk Island were a part of the Australian Capital Territory.
(7) Until the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island becomes entitled to separate representation in the Senate under subsection (5), this section has effect as if the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island, as the case may be, were a part of the Northern Territory.
41 Powers, privileges and immunities of senator for Territory
(1) A senator for a Territory has all the powers, privileges and immunities of a senator for a State and:
(a) shall be included in the whole number of the senators for the purpose of ascertaining the number of senators necessary to constitute a meeting of the Senate for the exercise of its powers and, if present, shall be counted for the purpose of determining whether the necessary number of senators are present; and
(b) has a vote on all questions arising in the Senate.
(2) The provisions contained in sections 16, 19 and 20 and sections 42 to 48 (inclusive) of the Constitution, to the extent (if any) to which they do not apply, by virtue of the Constitution, in relation to a senator for a Territory, apply, by force of this subsection, in relation to such a senator in the same way as they apply in relation to a senator for a State.
42 Term of service of senator for Territory
The term of service of a senator for a Territory commences on the day of his or her election and expires at the close of the day immediately before the polling day for the next general election.
43 Time of elections of senators for Territories
An election of the senators for each Territory shall be held at the same time as each general election.
44 Casual vacancies in places of senators for Territories
(1) If the place of a Senator for the Australian Capital Territory becomes vacant before the expiration of his or her term of service, the Legislative Assembly for the Australian Capital Territory shall choose a person to hold the place until the expiration of the term, but if the Legislative Assembly is not in session when the vacancy is notified, the Chief Minister for the Australian Capital Territory may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Legislative Assembly or the expiration of the term, whichever first happens.
(2) If the place of a senator for the Northern Territory becomes vacant before the expiration of his or her term of service, the Legislative Assembly of the Territory shall choose a person to hold the place until the expiration of the term, but if the Legislative Assembly is not in session when the vacancy is notified, the Administrator of the Territory, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Legislative Assembly or the expiration of the term, whichever first happens.
(2A) If the place of a senator for a Territory other than the Northern Territory or the Australian Capital Territory becomes vacant before the expiration of his or her term of service, the members of the Senate and the House of Representatives, sitting and voting together at a joint sitting convened by the Governor‑General, shall choose a person to hold the place until the expiration of the term, but if the Parliament is not in session when the vacancy is notified, the Governor‑General may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Parliament or the expiration of the term, whichever first happens.
(3) Where a vacancy has at any time occurred in the place of a senator chosen by the people of a Territory and, when chosen, the senator was publicly recognized by a particular political party as being an endorsed candidate of that party and publicly represented himself or herself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.
(4) Where:
(a) in accordance with subsection (3), a person who is a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and
(b) before commencing to hold the place, the person ceases to be a member of that party (otherwise than by reason of the party having ceased to exist);
the person shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with subsection (5).
(5) Whenever the place of a senator for a Territory becomes vacant before the expiration of his or her term of service:
(a) in the case of a senator for the Australian Capital Territory—the President of the Senate shall notify the Chief Minister for the Australian Capital Territory of the vacancy;
(b) in the case of a senator for the Northern Territory—the President of the Senate shall notify the Administrator of the Northern Territory of the vacancy; and
(c) in the case of a senator for a Territory other than the Northern Territory or the Australian Capital Territory—the President of the Senate shall notify the Governor‑General of the vacancy.
(6) The name of any senator chosen or appointed under subsection (1) or (2) shall be certified by the Chief Minister for the Australian Capital Territory or the Administrator of the Northern Territory, as the case may be, to the Governor‑General.
(6A) The name of any senator chosen by the members of the Senate and the House of Representatives under subsection (2A) shall be certified by the President of the Senate to the Governor‑General.
(7) Except in so far as the contrary intention appears in this section, an expression that is used in this section and in section 15 of the Constitution has, in this section, the same meaning as in section 15 of the Constitution.
Division 3—Representation of the States and Territories in the House of Representatives
45 Interpretation
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.
46 Ascertainment of numbers of people of Commonwealth, States and Territories
(1) If a House of Representatives has continued for a period of 12 months after the day of the first meeting of that House, the Electoral Commissioner must ascertain the number of the people of each of the following:
(a) the Commonwealth;
(b) each of the States;
(c) the Australian Capital Territory;
(d) the Northern Territory;
(da) Norfolk Island;
(e) the Territory of Cocos (Keeling) Islands;
(f) the Territory of Christmas Island;
(g) each of the other Territories.
(1A) The Electoral Commissioner must ascertain the numbers under subsection (1) on:
(a) the first day (the reference day) after the end of the period of 12 months referred to in that subsection; or
(b) if the reference day is a Saturday, a Sunday or a public holiday in the Australian Capital Territory—the next day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
(1B) The Electoral Commissioner must ascertain the numbers under subsection (1) using the statistics for the following populations that the Australian Statistician has, most recently before the reference day, compiled and published in a regular series under the Census and Statistics Act 1905:
(a) the population of each State;
(b) the population of the Australian Capital Territory (not including the Jervis Bay Territory);
(c) the population of the Northern Territory;
(ca) the population of Norfolk Island;
(d) the population of the Jervis Bay Territory;
(e) the population of the Territory of Cocos (Keeling) Islands;
(f) the population of the Territory of Christmas Island;
(g) the population of each of the other Territories.
(1C) The reference in subsection (1B) to statistics being published includes a reference to statistics being published electronically or in an electronic format.
47 Supply of statistical information by Australian Statistician
(1) The Australian Statistician must, on request by the Electoral Commissioner, supply the Electoral Commissioner with:
(a) the statistics referred to in subsection 46(1B); and
(b) the following information in relation to each of the Australian Capital Territory and the Northern Territory:
(i) the Australian Statistician’s estimate of the net undercount for that Territory at the last Census;
(ii) the standard error of the measure of that estimate of the net undercount;
(iii) the upper and lower limits of the 95% confidence interval for the measure of that estimate of the net undercount; and
(c) any other statistical information that the Electoral Commissioner requires for the purposes of this Division.
(2) For the purposes of this section:
(a) the standard error of the measure of the estimate of the net undercount for a Territory at the last Census is the standard error estimate of the sampling error of the estimate of the net undercount as determined by the Australian Statistician; and
(b) the upper limit of the 95% confidence interval for the measure of the estimate of the net undercount for a Territory at the last Census is the Australian Statistician’s estimate of the net undercount increased by a number equal to twice the standard error of the measure of that estimate of the net undercount; and
(c) the lower limit of the 95% confidence interval for the measure of the estimate of the net undercount for a Territory at the last Census is the Australian Statistician’s estimate of the net undercount less a number equal to twice the standard error of the measure of that estimate of the net undercount; and
(d) the Australian Statistician is to determine the following as population numbers (rather than as percentages or factors):
(i) the Australian Statistician’s estimate of the net undercount for a Territory at the last Census;
(ii) the standard error of the measure of that estimate of the net undercount.
48 Determination of number of members of House of Representatives to be chosen in States and Territories
(1) Subject to subsection (2G), the Electoral Commissioner shall, as soon as possible after he or she has ascertained, in accordance with section 46, the numbers of the people of the Commonwealth and of the several States and Territories:
(a) determine, in accordance with subsection (2), the number of members of the House of Representatives to be chosen in the several States at a general election; and
(b) determine, in accordance with subsections (2A), (2B), (2BA), (2C) and (2F), the number of members (if any) of the House of Representatives to be chosen in the several Territories at a general election.
(2) The number of members of the House of Representatives to be chosen in the several States at a general election shall, subject to the Constitution, be determined by the Electoral Commissioner in the following manner:
(a) a quota shall be ascertained by dividing the number of people of the Commonwealth, as ascertained in accordance with section 46, by twice the number of the senators for the States;
(b) the number of members to be chosen in each State shall be determined by dividing the number of people of the State, as ascertained in accordance with section 46, by the quota and, if on such division there is a remainder greater than one‑half of the quota, one more member shall be chosen in the State.
(2A) The Electoral Commissioner shall divide the number of people of each Territory, as ascertained in accordance with section 46, by the quota ascertained under paragraph (2)(a) and, subject to subsections (2B), (2BA), (2C) and (2F), shall determine:
(a) if the result of the division is less than or equal to 0.5—that no member of the House of Representatives be chosen in the Territory at a general election;
(b) if the result of the division is greater than 0.5 and less than or equal to 1.5—that one member of the House of Representatives be chosen in the Territory at a general election; or
(c) in any other case—that the number of members of the House of Representatives to be chosen in the Territory at a general election is the number ascertained by the division or, if there is a remainder greater than one‑half of the quota, that number increased by one.
(2B) At least one member of the House of Representatives shall be chosen in the Australian Capital Territory and in the Northern Territory at a general election.
(2BA) Subject to subsection (2F), if the Electoral Commissioner determines that, at a general election, no member of the House of Representatives is to be chosen in Norfolk Island, the following provisions have effect:
(a) the ascertainments under section 46, and the determinations under this section, in respect of Norfolk Island, and in respect of the Australian Capital Territory, are taken never to have been made;
(b) Norfolk Island is taken to be part of the Australian Capital Territory;
(c) subject to subsection (2G), the Electoral Commissioner must, as soon as possible:
(i) ascertain, under section 46, the number of the people of the Australian Capital Territory; and
(ii) determine, under this section, the number of members of the House of Representatives to be chosen in the Australian Capital Territory at a general election.
(2BB) To avoid doubt, subsection 46(1A) does not apply to the ascertainment of the number of the people of the Australian Capital Territory under subparagraph (2BA)(c)(i) of this section.
Note: Subsection 46(1A) might otherwise require the fresh ascertainment of the number of the people of the Australian Capital Territory under subparagraph (2BA)(c)(i) of this section to be made immediately after the end of the 12 month period referred to in subsection 46(1).
(2C) Subject to subsection (2F), if the Electoral Commissioner determines that, at a general election, no member of the House of Representatives is to be chosen in either or both of the following Territories:
(a) the Territory of Cocos (Keeling) Islands;
(b) the Territory of Christmas Island;
the following provisions shall have effect:
(c) the ascertainments under section 46, and the determinations under this section, in respect of that Territory or those Territories, as the case may be, and in respect of the Northern Territory shall be deemed never to have been made;
(d) that Territory, or those Territories, as the case may be, shall be taken to be part of the Northern Territory;
(e) subject to subsection (2G), the Electoral Commissioner shall, as soon as possible:
(i) ascertain, under section 46, the number of the people of the Northern Territory; and
(ii) determine, under this section, the number of members of the House of Representatives to be chosen in the Northern Territory at a general election.
(2D) To avoid doubt, subsection 46(1A) does not apply to the ascertainment of the number of the people of the Northern Territory under subparagraph (2C)(e)(i) of this section.
Note: Subsection 46(1A) might otherwise require the fresh ascertainment of the number of the people of the Northern Territory under subparagraph (2C)(e)(i) of this section to be made immediately after the end of the 12 month period referred to in subsection 46(1).
(2E) This subsection applies if:
(a) apart from this subsection and subsection (2F), the result of dividing the number of the people of the Australian Capital Territory or the Northern Territory, as ascertained in accordance with section 46, by the quota ascertained under paragraph (2)(a) is:
(i) a whole number (the relevant whole number); and
(ii) a remainder that is less than or equal to one‑half of that quota; and
(b) the difference between:
(i) the number obtained by multiplying that quota by the sum of the relevant whole number and one‑half; and
(ii) the number of the people of the Territory, as ascertained in accordance with section 46;
is less than or equal to twice the standard error of the measure of the Australian Statistician’s estimate of the net undercount for that Territory at the last Census.
(2F) If subsection (2E) applies to the Australian Capital Territory or the Northern Territory:
(a) the determination made under subsection (1) in accordance with:
(i) subsection (2A); or
(ia) subparagraph (2BA)(c)(ii); or
(ii) subparagraph (2C)(e)(ii);
in respect of that Territory is taken never to have been made; and
(b) the number of the people of that Territory, as ascertained in accordance with section 46, is taken to be increased by a number equal to twice the standard error referred to in paragraph (2E)(b); and
(c) subject to subsection (2G), the Electoral Commissioner must, as soon as possible, determine under this section the number of members of the House of Representatives to be chosen in that Territory at a general election.
Note: In certain circumstances, the number of the people of the Australian Capital Territory or the Northern Territory will have been re‑ascertained in accordance with section 46 because of the operation of subsection (2BA) or (2C).
(2G) The determinations made under subsection (1), and paragraphs (2BA)(c), (2C)(e) and (2F)(c), must be made within 1 month after the end of the period of 12 months referred to in subsection 46(1).
(3) Notwithstanding anything contained in any other law, but subject to the Constitution and to section 39B and Part VII of the Judiciary Act 1903, a decision by the Electoral Commissioner made, or purporting to be made, under subsection (1):
(a) is final and conclusive;
(b) shall not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and
(c) is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground.
(4) A determination under subsection (1) shall be made by instrument in writing.
(5) In this section:
standard error of the measure of the Australian Statistician’s estimate of the net undercount for a Territory in the last Census means the standard error estimate of the sampling error for that estimate of the net undercount that the Australian Statistician supplies to the Electoral Commissioner under paragraph 47(1)(b).
48A Northern Territory to elect 2 members of the House of Representatives in the next election
(1) The determination made by the Electoral Commissioner under subsection 48(1) on 19 February 2003 (the 2003 determination) is set aside, on and from the day on which this section commences (the commencement day), to the extent to which that determination relates to the Northern Territory.
(2) To avoid doubt:
(a) for the purposes of section 50, the number of members of the House of Representatives to be chosen in the Northern Territory at a general election that is held:
(i) on or after the commencement day; and
(ii) before the first determination that is made by the Electoral Commissioner under subsection 48(1) after the commencement day;
is to be in accordance with the determination made by the Electoral Commissioner under subsection 48(1) most recently before the 2003 determination; and
(b) for the purposes of section 86, 2 new Divisions are taken to be created for the Northern Territory on the commencement day.
Note 1: The 2003 determination specified that there would be 1 member of the House of Representatives to be chosen in the Northern Territory at a general election.
Note 2: The determination the Electoral Commissioner made under subsection 48(1) most recently before the 2003 determination was the determination made on 9 December 1999. That determination specified that there would be 2 members of the House of Representatives to be chosen in the Northern Territory at a general election.
49 Notification of determination
(1) The Electoral Commissioner shall, forthwith after he or she has determined, in accordance with section 48, the number of members of the House of Representatives to be chosen in the several States and Territories at a general election:
(a) forward to the Minister a certificate setting out:
(i) the number, ascertained under section 46, of the people of each of the following:
(A) the Commonwealth;
(B) each of the States;
(C) the Australian Capital Territory;
(D) the Northern Territory;
(DA) Norfolk Island;
(E) the Territory of Cocos (Keeling) Islands;
(F) the Territory of Christmas Island;
(G) each of the other Territories; and
(ii) the number of members of the House of Representatives so determined by him or her; and
(iii) details of any adjustments that were made to the statistical information supplied by the Australian Statistician in arriving at the numbers referred to in subparagraph (i) in order to give effect to the provisions of this Division; and
(iv) any calculations involved in arriving at those numbers, making those adjustments or determining the number of members of the House of Representatives to be chosen in a State or Territory at a general election; and
(b) cause a copy of the certificate to be published forthwith in the Gazette.
Note: Subparagraph (a)(iii)—Adjustments may be necessary to give effect, for example, to subsection 48(2BA), (2C) or (2F).
(1A) The certificate must be published in the Gazette within 1 month after the end of the period of 12 months referred to in subsection 46(1).
(2) The Minister shall cause copies of the certificate to be laid before each House of the Parliament within 5 sitting days of that House after receiving the certificate.
50 Number of members of House of Representatives to be chosen in States and Territories
The number of members of the House of Representatives to be chosen in each State and Territory at a general election shall be in accordance with the last determination made under subsection 48(1) before that general election.
51 Choice of member for Territory
A member of the House of Representatives representing a Territory shall be directly chosen by the people of the Territory.
53 Powers, privileges and immunities of member for Territory
(1) A member of the House of Representatives chosen in a Territory has all the powers, privileges and immunities of a member of the House of Representatives chosen in a State and:
(a) shall be included in the whole number of the members of the House of Representatives for the purpose of ascertaining the number of members necessary to constitute a meeting of the House for the exercise of its powers and, if present, shall be counted for the purpose of determining whether the necessary number of members are present; and
(b) has a vote on all questions arising in the House.
(2) The provisions contained in sections 32, 33, 37 and 38 and sections 42 to 48 (inclusive) of the Constitution, to the extent (if any) to which they do not apply, by virtue of the Constitution, in relation to a member of the House of Representatives chosen in a Territory, apply, by force of this subsection, in relation to such a member in the same way as they apply in relation to a member of the House of Representatives chosen in a State.
54 Time of elections of members for Territories
An election of the members of the House of Representatives to be chosen in a Territory shall be held at the same time as each general election.
Part IV—Electoral Divisions
55 Interpretation
(1) In this Part:
average divisional enrolment, in relation to a State or the Australian Capital Territory, means:
(a) subject to paragraph (b), the number ascertained by dividing the number of electors enrolled in the State or Territory by the number of Divisions into which the State or Territory is for the time being distributed; or
(b) in a case where the number ascertained in accordance with paragraph (a) includes a fraction—the number so ascertained:
(i) if the fraction is less than one‑half—reduced to the nearest whole number; or
(ii) if the fraction is one‑half or more—increased to the nearest whole number.
Territory means the Australian Capital Territory.
(2) A person:
(a) whose name has been placed on a Roll in pursuance of a claim made under section 100; and
(b) who has not attained 18 years of age;
shall be taken, for the purposes of this Part, not to be an elector.
55A Application to Northern Territory
If, under subsection 48(2A), the Electoral Commissioner determines that the number of members of the House of Representatives to be chosen in the Northern Territory at a general election is 2 or a greater number, this Part shall, on and from the making of the determination, apply to the Northern Territory as if:
(a) a reference to a State included a reference to the Northern Territory; and
(b) a reference to a determination under subsection 48(1) were a reference to a determination under subsection 48(2A).
56 States and Australian Capital Territory to be distributed into Electoral Divisions
Each State and the Australian Capital Territory shall be distributed into Electoral Divisions.
56AA Inclusion of Territories in Australian Capital Territory Divisions
(1) Any distribution or redistribution of the Australian Capital Territory into Electoral Divisions under this Act must be such that the whole of the Jervis Bay Territory is included in one Electoral Division.
(2) Until the Electoral Commissioner, under subsection 48(2A), determines that a member of the House of Representatives be chosen in Norfolk Island at a general election, any distribution or redistribution of the Australian Capital Territory into Electoral Divisions under this Act must be such that:
(a) the whole of Norfolk Island is included in one Electoral Division; and
(b) if there is more than one Electoral Division—Norfolk Island and the Jervis Bay Territory are included in different Electoral Divisions.
56A Inclusion of Territories in Northern Territory Divisions
Until the Electoral Commissioner, under subsection 48(2A), determines that a member of the House of Representatives be chosen in the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island at a general election, any distribution or redistribution of the Northern Territory into electoral divisions under this Act shall be such that those territories are included in the same Division.
57 One member to be chosen for each Electoral Division
One member of the House of Representatives shall be chosen for each Electoral Division.
58 Monthly ascertainment of enrolment etc.
(1) The Electoral Commissioner shall, forthwith after the end of each month:
(a) ascertain, in respect of each State and the Australian Capital Territory, as at the close of a day in the month, the number of electors enrolled in each Division;
(b) determine, in respect of each State and the Australian Capital Territory, as at the close of that day in the month:
(i) the average divisional enrolment; and
(ii) the extent to which the number of electors enrolled in each Division differs from the average divisional enrolment; and
(c) cause a statement setting out the matters so ascertained and determined to be published forthwith in the Gazette.
(2) Nothing in subsection (1) shall be taken to require a determination under that subsection to be made in respect of the several States and the Australian Capital Territory as at the close of the same day in a month.
(3) A determination under subsection (1) shall be made by instrument in writing.
59 Times at which redistributions are to commence
(1) A redistribution of a State or the Australian Capital Territory into Divisions shall commence whenever the Electoral Commission so directs by notice published in the Gazette.
(2) Subject to subsections (3) and (5), a direction under subsection (1) shall be made in relation to a State:
(a) forthwith after the making of a determination under subsection 48(1) that results in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election;
(b) whenever it appears to the Electoral Commission, from statements published under subsection 58(1), that more than one‑third of the Divisions in the State are, and have, for a period of more than 2 months, been, malapportioned Divisions; and
(c) if a period of 7 years after the day on which the State was last distributed into Electoral Divisions by a determination under subsection 73(1) expires, within 30 days after the expiration of the period of 7 years;
and not otherwise.
(3) A direction under subsection (1) shall not be made in relation to a State by virtue of paragraph (2)(b) or (c):
(a) if the State is undergoing redistribution into Divisions; or
(b) within one year before the date of expiry of a House of Representatives by effluxion of time.
(4) If a period of 7 years after the day on which a State was last distributed into Electoral Divisions by a determination under subsection 73(1) expires within one year before the date of expiry of a House of Representatives by effluxion of time, subsection (2) of this section has effect, in relation to the expiration of that first‑mentioned period, as if the reference in paragraph (c) to within 30 days after the expiration of the period of 7 years were a reference to within 30 days after the day of the first meeting of the next following House of Representatives.
(5) Where:
(a) a direction under subsection (1) is, but for this subsection, required by subsection (2) (including that subsection as affected by subsection (4)) to be made in relation to a State at any time within 13 months after the day of the first meeting of a House of Representatives;
(b) a determination under subsection 48(1) has not been made after the day of that first meeting; and
(c) the Electoral Commission is of the opinion that the next following determination under subsection 48(1) will or may result in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election;
the Electoral Commission may, by notice published in the Gazette, direct that subsection (2) does not apply in relation to the State until the making of the determination referred to in paragraph (c).
(6) Where:
(a) a State is undergoing redistribution into Divisions; and
(b) a direction under subsection (1) is made in relation to the State by virtue of paragraph (2)(a);
the redistribution of the State into Divisions, being the redistribution referred to in paragraph (a) of this subsection, is, by force of this subsection, terminated.
(7) Subject to subsections (8) and (9A), a direction under subsection (1) shall be made in relation to the Australian Capital Territory:
(aa) forthwith after the making of a determination under subsection 48(1) that results in an alteration of the number of members of the House of Representatives to be chosen in the Territory at a general election; and
(a) whenever it appears to the Electoral Commission, from statements published under subsection 58(1), that a Division in the Territory is, and has, for a period of more than 2 months, been, a malapportioned Division; and
(b) if a period of 7 years after the day on which the Territory was last distributed into Electoral Divisions by a determination under subsection 73(1) expires, within 30 days after the expiration of the period of 7 years;
and not otherwise.
(8) A direction under subsection (1) shall not be made in relation to the Australian Capital Territory by virtue of paragraph (7)(a) or (b):
(a) if the Territory is undergoing redistribution into Divisions; or
(b) within one year before the date of expiry of a House of Representatives by effluxion of time.
(9) If a period of 7 years after the day on which the Australian Capital Territory was last distributed into Electoral Divisions by a determination under subsection 73(1) expires within one year before the date of expiry of a House of Representatives by effluxion of time, subsection (7) of this section has effect, in relation to the expiration of that first‑mentioned period, as if the reference in paragraph (b) to within 30 days after the expiration of the period of 7 years were a reference to within 30 days after the day of the first meeting of the next following House of Representatives.
(9A) Where:
(a) a direction under subsection (1) is, but for this subsection, required by subsection (7) (including that subsection as affected by subsection (9)) to be made in relation to the Australian Capital Territory at any time within 13 months after the day of the first meeting of a House of Representatives; and
(b) a determination under subsection 48(1) has not been made after the day of that first meeting; and
(c) the Electoral Commission is of the opinion that the next following determination under subsection 48(1) will or may result in an alteration of the number of members of the House of Representatives to be chosen in the Territory at a general election;
the Electoral Commission may, by notice published in the Gazette, direct that subsection (7) does not apply in relation to the Territory until the making of the determination referred to in paragraph (c).
(9B) Where:
(a) the Australian Capital Territory is undergoing redistribution into Divisions; and
(b) a direction under subsection (1) is made in relation to the Territory by virtue of paragraph (7)(aa);
the redistribution of the Territory into Divisions, being the redistribution referred to in paragraph (a), is, by force of this subsection, terminated.
(10) A reference in this section to a malapportioned Division is a reference to a Division in a State or the Australian Capital Territory in which the number of electors enrolled differs from the average divisional enrolment of the State or Territory to a greater extent than one‑tenth more or one‑tenth less.
(11) For the purposes of this section, a State or the Australian Capital Territory is undergoing redistribution into Divisions if:
(a) a redistribution of the State or Territory into Divisions has commenced by virtue of a direction under subsection (1);
(b) the redistribution of the State or Territory has not been terminated under subsection (6) or (9B), as the case requires; and
(c) the State or Territory has not been distributed into Electoral Divisions as a result of the redistribution so commenced.
60 Redistribution Committee
(1) For the purposes of each redistribution of a State, the Electoral Commission shall, as soon as practicable after the commencement of the redistribution, appoint, by instrument in writing, a Redistribution Committee for the State.
(2) Subject to subsections (3), (3A) and (4), the members of a Redistribution Committee for a State shall be:
(a) the Electoral Commissioner; and
(b) the Australian Electoral Officer for the State; and
(c) either:
(i) the Surveyor‑General for the State; or
(ii) if there is no office of Surveyor‑General for the State—the person nominated by the relevant State Minister as the person holding the office equivalent to the office of Surveyor‑General for the State; and
(d) the Auditor‑General of the State.
(3) If the Surveyor‑General for the State is not available to serve as a member of the Redistribution Committee, the Electoral Commission shall appoint:
(a) in a case where there is a Deputy Surveyor‑General for the State who is available to serve as a member of the Redistribution Committee—a Deputy Surveyor‑General for the State who is so available; or
(b) in any other case—a person nominated for the purpose by the Governor‑General, being a senior person appointed or engaged under the Public Service Act 1999 from the State;
as a member of the Redistribution Committee in lieu of the Surveyor‑General for the State.
(3A) If:
(a) the person nominated under subparagraph (2)(c)(ii) is not available to serve as a member of the Redistribution Committee; or
(b) no nomination is in force under that subparagraph;
the Electoral Commission must appoint:
(c) a person who:
(i) is available to serve as a member of the Redistribution Committee; and
(ii) has been nominated by the relevant State Minister as a person holding an office equivalent to an office of Deputy Surveyor‑General for the State; or
(d) if there is no such person—a senior person appointed or engaged under the Public Service Act 1999 from the State nominated for the purpose by the Governor‑General;
as a member of the Redistribution Committee.
(3B) For the purposes of this section, an office is equivalent to an office of Surveyor‑General for a State if, in the opinion of the relevant State Minister, the functions of the office are the same as, substantially the same as, or include, functions that would be performed by a Surveyor‑General for the State.
(3C) For the purposes of this section, an office is equivalent to an office of Deputy Surveyor‑General for a State if, in the opinion of the relevant State Minister, the functions of the office are the same as, substantially the same as, or include, functions that would be performed by a Deputy Surveyor‑General for the State.
(4) If the Auditor‑General of the State is not available to serve as a member of the Redistribution Committee, the Electoral Commission shall appoint:
(a) in a case where there is a Deputy Auditor‑General of the State who is available to serve as a member of the Redistribution Committee—a Deputy Auditor‑General of the State who is so available; or
(b) in any other case—a person nominated for the purpose by the Governor‑General, being a senior person appointed or engaged under the Public Service Act 1999 from the State;
as a member of the Redistribution Committee in lieu of the Auditor‑General of the State.
(5) Subject to subsection (6), the performance of the functions, and the exercise of the powers, of a Redistribution Committee for a State are not affected by reason only of there being a vacancy, or a change or changes, in the membership of the Redistribution Committee.
(6) Where, within any period of not more than 30 days (being a period before the making under subsection 66(1) of a proposed redistribution of the State by the Redistribution Committee), 2 or more persons who are members of the Redistribution Committee die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the Redistribution Committee, the Electoral Commission shall, by instrument in writing, revoke the appointment of the Redistribution Committee and appoint, for the purposes of the redistribution, another Redistribution Committee for the State in accordance with subsections (2), (3), (3A) and (4).
(7) Where, in pursuance of subsection (6), the Electoral Commission revokes the appointment of a Redistribution Committee for a State and appoints another Redistribution Committee for the State, the provisions of this Part apply as if the first‑mentioned Redistribution Committee had never been appointed.
(7A) This section applies to the Australian Capital Territory as if:
(a) references in this section to a State included references to the Australian Capital Territory; and
(b) the reference in paragraph (2)(b) to “the Australian Electoral Officer for the State” were a reference to “the member of the staff of the Electoral Commission appointed under subsection (7B)”.
(7B) For the purposes of a redistribution for the Australian Capital Territory, the Electoral Commission must appoint, in writing, a member of the staff of the Electoral Commission to act as a member of the Redistribution Committee for that Territory.
(8) In this section:
relevant State Minister, in relation to a State, means:
(a) the Minister of State of that State who has responsibility, or the principal responsibility, for matters relating to land surveying and mapping in that State; or
(b) another Minister of State of that State acting for and on behalf of the Minister referred to in paragraph (a).
62 Proceedings at meetings of Redistribution Committee etc.
(1) The Electoral Commissioner may, at any time, convene a meeting of a Redistribution Committee for a State or the Australian Capital Territory.
(2) The Electoral Commissioner shall preside at all meetings of a Redistribution Committee at which he or she is present.
(3) If the Electoral Commissioner is not present at a meeting of a Redistribution Committee for a State, the Australian Electoral Officer for the State shall preside.
(4) If the Electoral Commissioner is not present at a meeting of a Redistribution Committee for the Australian Capital Territory, the member of the Redistribution Committee appointed under subsection 60(7B) is to preside.
(5) At a meeting of a Redistribution Committee, 3 members constitute a quorum.
(6) Questions arising at a meeting of a Redistribution Committee shall be determined by a majority of the votes of the members present and voting.
(7) The member presiding at a meeting of a Redistribution Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(8) A Redistribution Committee may regulate the conduct of proceedings at its meetings as it thinks fit.
(9) A Redistribution Committee may inform itself on any matter in such manner as it thinks fit and may consult with such persons as it thinks fit.
(10) The Electoral Commission shall, on request by a Redistribution Committee, supply the Redistribution Committee with all such information, and provide the Redistribution Committee with all such assistance, as it requires for the purposes of this Part.
63 Sub‑committees
(1) A Redistribution Committee for a State or the Australian Capital Territory may, by instrument in writing, appoint sub‑committees to assist it.
(2) A sub‑committee shall consist of 3 members of the Redistribution Committee.
63A Projection time for equality of enrolments
(1) This section defines the projection time for the purpose of applying sections 66 and 73 in relation to a redistribution (the current redistribution) of a State or Territory.
(2) The projection time is the end of the period of 3 years and 6 months after the starting time for the projection, unless the Electoral Commission determines an earlier time under subsection (3) of this section.
(3) If the Electoral Commission is of the opinion that a further redistribution of the State or Territory will or may be required, as a result of a determination under section 48, sooner than 7 years after the starting time for the projection, the Electoral Commission may determine that the projection time will be a time that is half‑way between:
(a) the starting time for the projection; and
(b) the time when, in the opinion of the Electoral Commission, the further redistribution will or may be required.
(4) A determination under subsection (3) must be published in the Gazette not later than the time when a notice is published in the Gazette under subsection 64(1) in relation to the current redistribution.
(5) In this section:
starting time for the projection means the time of making the determination referred to in subsection 73(4).
64 Suggestions and comments relating to redistribution
(1) As soon as practicable after the commencement of a redistribution of a State or the Australian Capital Territory, the Electoral Commissioner must publish a notice in the Gazette and in 2 newspapers circulating throughout the State or Territory (or, if there is only 1 such newspaper, in that newspaper):
(a) inviting written suggestions relating to the redistribution of the State or Territory to be lodged with the Redistribution Committee for the State or Territory before 6 pm on the 5th Friday after publication of the notice in the Gazette; and
(b) inviting written comments on suggestions lodged under paragraph (a) to be lodged with the Redistribution Committee for the State or Territory before 6 pm on the 7th Friday after publication of the notice in the Gazette; and
(c) stating that the suggestions and comments may be (but are not required to be) lodged at an office specified in the notice.
(2) The notice in the Gazette must be published on a Wednesday. The notice need not be published on the same day in the newspapers.
(3) The Redistribution Committee must cause copies of the suggestions lodged under paragraph (1)(a) to be made available for perusal, starting on the 5th Monday after publication of the notice in the Gazette. The copies must be made available at:
(a) the office of the Australian Electoral Officer for the State, in the case of a redistribution of a State; or
(b) in the case of a redistribution of the Australian Capital Territory—the office specified in the notice under subsection (1).
(4) The Redistribution Committee must consider all the suggestions and comments lodged with it under subsection (1).
65 Quota
(1) For the purposes of each redistribution of a State or the Australian Capital Territory, the Electoral Commissioner shall, by instrument in writing, determine, in accordance with subsection (2), the quota of electors for the State or Territory.
(2) As soon as practicable after the redistribution commences, the quota of electors for a State or the Australian Capital Territory shall be determined by the Electoral Commissioner by dividing the number, as nearly as can be ascertained by him or her, of electors enrolled in the State or Territory at the end of the day on which the redistribution commenced by the number of members of the House of Representatives to be chosen in the State or Territory at a general election and:
(a) if the number so obtained includes a fraction that is less than one‑half—reducing that number to the nearest whole number; or
(b) if the number so obtained includes a fraction that is one‑half or more—increasing that number to the nearest whole number.
66 Redistribution Committee to make proposed redistribution
(1) A Redistribution Committee for a State or the Australian Capital Territory shall, in accordance with subsections (2), (3) and (4), make a proposed redistribution of the State or Territory.
(2) The proposed redistribution shall propose the distribution of the State or Territory into Electoral Divisions equal in number to the number of members of the House of Representatives to be chosen in the State or Territory at a general election.
(3) In making the proposed redistribution, the Redistribution Committee:
(a) shall, as far as practicable, endeavour to ensure that, if the State or Territory were redistributed in accordance with the proposed redistribution, the number of electors enrolled in each Electoral Division in the State or Territory would not, at the projection time determined under section 63A, be less than 96.5% or more than 103.5% of the average divisional enrolment of that State or Territory at that time; and
(b) subject to paragraph (a), shall give due consideration, in relation to each proposed Electoral Division, to:
(i) community of interests within the proposed Electoral Division, including economic, social and regional interests;
(ii) means of communication and travel within the proposed Electoral Division;
(iv) the physical features and area of the proposed Electoral Division; and
(v) the boundaries of existing Divisions in the State or Territory;
and subject thereto the quota of electors for the State or Territory shall be the basis for the proposed redistribution, and the Redistribution Committee may adopt a margin of allowance, to be used whenever necessary, but in no case shall the quota be departed from to a greater extent than one‑tenth more or one‑tenth less.
(3A) When applying subsection (3), the Redistribution Committee must treat the matter in subparagraph (3)(b)(v) as subordinate to the matters in subparagraphs (3)(b)(i), (ii) and (iv).
Note: See also sections 56AA and 56A in relation to redistributions of the Australian Capital Territory and the Northern Territory.
67 Reasons for proposed redistribution
A Redistribution Committee for a State or the Australian Capital Territory shall state, in writing, its reasons for the proposed redistribution made by it under subsection 66(1) and any member of the Redistribution Committee who disagrees with the proposed redistribution may state in writing the reasons for his or her disagreement.
67A Outline of proposed redistribution
At any time before the publication of the notice referred to in paragraph 68(1)(c), a Redistribution Committee for a State or the Australian Capital Territory may, whether by issuing a statement to the media or otherwise, make publicly known the outline of its plan for the proposed redistribution of the State or Territory.
68 Notice of proposed redistribution
(1) A Redistribution Committee for a State or the Australian Capital Territory shall, as soon as practicable after it has made its proposed redistribution of the State or Territory:
(a) cause a map or maps showing the names and boundaries of each proposed Electoral Division in the State or Territory to be exhibited at each office of the Electoral Commission in the State or Territory;
(b) cause copies of:
(i) the suggestions and comments lodged under subsection 64(1);
(ii) descriptions (whether by reference to a map or plan or otherwise) of the boundaries of each proposed Electoral Division;
(iii) its reasons for the proposed redistribution; and
(iv) if a member of the Redistribution Committee has stated in writing reasons for his or her disagreement with the proposed redistribution—those reasons;
to be made available for perusal at each office of the Electoral Commission in the State or Territory;
(c) by notice published in the Gazette on a Friday, invite public attention to the exhibition of the map or maps referred to in paragraph (a) and to the availability for perusal of copies of the suggestions and comments, descriptions and reasons referred to in paragraph (b); and
(d) cause to be published in:
(i) 2 newspapers circulating throughout the State or Territory; and
(ii) such regional newspapers circulating in the region or regions affected by the proposed redistribution as the Redistribution Committee determines;
a notice in writing inviting public attention to the availability for perusal of copies of the comments and suggestions, descriptions and reasons referred to in paragraph (b), together with:
(iii) in the case of a notice published in a newspaper referred to in subparagraph (i), a map or maps showing the names and boundaries of each proposed Electoral Division in the State or Territory; and
(iv) in the case of a notice published in a regional newspaper, a map or maps showing the effects of the proposed redistribution in the region or regions in which that newspaper circulates.
(2) A notice published under paragraph (1)(c) or (d) must include a statement:
(a) inviting written objections against the proposed redistribution to be lodged with the Electoral Commission before 6 pm on the 4th Friday after publication of the notice in the Gazette under paragraph (1)(c); and
(b) inviting written comments on objections lodged under subsection 69(1) to be lodged with the Electoral Commission before 6 pm on the 6th Friday after publication of the notice in the Gazette.
69 Objections against proposed redistribution
(1) A person or organization may, within the period allowed under paragraph 68(2)(a), lodge with the Electoral Commission a written objection against the proposed redistribution.
(2) The Electoral Commission must cause copies of the objections lodged under subsection (1) to be made available for perusal, starting on the 5th Monday after publication in the Gazette of the notice referred to in paragraph 68(1)(c).
(3) A person or organisation may, within the period allowed under paragraph 68(2)(b), lodge with the Electoral Commission written comments on objections lodged under subsection (1) of this section.
(4) The Electoral Commission must cause copies of the comments lodged under subsection (3) to be made available for perusal, starting on the 7th Monday after publication in the Gazette of the notice referred to in paragraph 68(1)(c).
(5) The documents required to be made available for perusal under subsections (2) and (4) must be made available at:
(a) in the case of a redistribution of a State—the office of the Australian Electoral Officer for the State; and
(b) in the case of a redistribution of the Australian Capital Territory—the office specified in the notice under subsection 64(1).
70 Augmented Electoral Commission
(1) For the purposes of each redistribution of a State or the Australian Capital Territory, there is established by this subsection an augmented Electoral Commission for the State or Territory.
(2) The members of an augmented Electoral Commission for a State or the Australian Capital Territory shall be:
(a) the Chairperson of the Electoral Commission;
(b) the member of the Electoral Commission referred to in paragraph 6(2)(c); and
(c) the members of the Redistribution Committee for the State or Territory.
(3) Subject to subsection (4), the performance of the functions, and the exercise of the powers, of an augmented Electoral Commission for a State or the Australian Capital Territory are not affected by reason only of there being a vacancy or vacancies, or a change or changes, in the membership of the augmented Electoral Commission.
(4) Where, within any period (in paragraph (b) referred to as the relevant period) of not more than 30 days (being a period after the making under subsection 66(1) of a proposed redistribution of the State or Territory by the Redistribution Committee for the State or Territory), 2 or more persons who are members of the augmented Electoral Commission die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the augmented Electoral Commission:
(a) the augmented Electoral Commission must reconsider all objections and comments lodged with the Electoral Commission under section 69 in relation to the proposed redistribution, being objections and comments that had previously been considered by the augmented Electoral Commission;
(b) subsection 72(2) has effect as if the reference in that subsection to 60 days after the expiration of the period referred to in section 69 were a reference to 60 days after the expiration of the relevant period.
71 Proceedings at meetings of augmented Electoral Commission etc.
(1) The Chairperson of the Electoral Commission may, at any time, convene a meeting of an augmented Electoral Commission for a State or the Australian Capital Territory.
(2) The Chairperson of the Electoral Commission shall preside at all meetings of an augmented Electoral Commission at which he or she is present.
(3) If the Chairperson of the Electoral Commission is not present at a meeting of an augmented Electoral Commission:
(a) the Electoral Commissioner shall preside; or
(b) if the Electoral Commissioner is not present at the meeting—the members present shall appoint one of their number to preside.
(4) At a meeting of an augmented Electoral Commission, 4 members constitute a quorum.
(5) Subject to subsection (6), questions arising at a meeting of an augmented Electoral Commission shall be determined by a majority of the votes of the members present and voting.
(6) A determination under subsection 73(1) shall not be made unless not less than 4 members of the augmented Electoral Commission, of whom not less than 2 are members of the Electoral Commission, vote in favour of the making of the determination.
(7) Subject to subsection (8), the member presiding at a meeting of an augmented Electoral Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(8) The casting vote of the member presiding at a meeting of an augmented Electoral Commission shall not be used to vote in favour of the making of a determination under subsection 73(1).
(9) An augmented Electoral Commission may regulate the conduct of proceedings at its meetings as it thinks fit.
(10) Subject to section 72, an augmented Electoral Commission may inform itself on any matter in such manner as it thinks fit.
(11) The Electoral Commission shall, on request by an augmented Electoral Commission, supply the augmented Electoral Commission with all such information, and provide the augmented Electoral Commission with all such assistance, as it requires for the purposes of this Part.
72 Consideration of objections
(1) An augmented Electoral Commission for a State or the Australian Capital Territory shall consider all initial objections, initial comments and further objections.
(2) The augmented Electoral Commission shall complete its consideration of the initial objections as soon as is practicable and, in any event, before the expiration of the period of 60 days after the expiration of the period referred to in subsection 69(3).
(3) The augmented Electoral Commission shall hold an inquiry into an objection unless it is of the opinion that:
(a) the matters raised in the objection were raised, or are substantially the same as matters that were raised, in:
(i) suggestions relating to the redistribution lodged with the Redistribution Committee for the State or Territory in pursuance of paragraph 64(1)(a); or
(ii) comments lodged with the Redistribution Committee in pursuance of paragraph 64(1)(b); or
(b) the objection is frivolous or vexatious.
(4) The augmented Electoral Commission may hold one inquiry into a number of initial objections.
(5) Proceedings before the augmented Electoral Commission at an inquiry into an initial objection shall be held in public.
(6) At an inquiry into an initial objection, submissions in relation to the objection may be made to the augmented Electoral Commission by any person or organisation.
(7) At an inquiry into an initial objection, the augmented Electoral Commission shall consider all of the submissions made to it in relation to the objection.
(8) The augmented Electoral Commission is not bound by the legal rules of evidence and may regulate the conduct of proceedings at an inquiry into an initial objection as it thinks fit.
(9) Without limiting the generality of subsection (8), the manner in which submissions may be made to the augmented Electoral Commission, the time within which submissions may be made to the augmented Electoral Commission and the extent to which the augmented Electoral Commission may be addressed, and the persons by whom it may be addressed, on any submission are within the absolute discretion of the augmented Electoral Commission.
(10) As soon as is practicable after the augmented Electoral Commission has concluded its inquiries into initial objections, it shall:
(a) make a proposed redistribution of the State or Territory; and
(b) make a public announcement, in accordance with subsection (12), whether by the issuing of a statement to the media or by some other expeditious means.
(11) Section 66 applies to the making of a proposed redistribution under subsection (10) as if a reference in that section to a Redistribution Committee were a reference to an augmented Electoral Commission.
(12) The public announcement referred to in subsection (10) shall include:
(a) the substance of the findings or conclusions of the augmented Electoral Commission concerning the initial objections and concerning the Redistribution Committee proposal;
(b) the augmented Electoral Commission proposal;
(c) a statement whether, in the opinion of the augmented Electoral Commission, its proposal is significantly different from the Redistribution Committee proposal; and
(d) if, in the opinion of the augmented Electoral Commission, its proposal is significantly different from the Redistribution Committee proposal—a statement to the effect that:
(i) any person or organisation may, before the end of the period of 7 days beginning on the day of the announcement, lodge with the Electoral Commission a written further objection; and
(ii) subject to subsection (3), the augmented Electoral Commission will hold an inquiry into a further objection.
(13) If the public announcement made pursuant to subsection (10) includes a statement under paragraph (12)(d):
(a) any person or organisation may, before the end of the period of 7 days beginning on the day of the announcement, lodge with the Electoral Commission a written further objection; and
(b) subject to subsection (3), the augmented Electoral Commission shall hold an inquiry into a further objection; and
(ba) the augmented Electoral Commission must complete its inquiry into a further objection as soon as is practicable and, in any event, before the end of the period of 14 days after the end of the period referred to in paragraph (a); and
(c) subsections (3), (4), (5), (6), (7), (8) and (9) apply to an inquiry into a further objection as if the further objection were an initial objection.
(14) In this section:
augmented Electoral Commission proposal means the redistribution proposed by the augmented Electoral Commission under subsection (10).
further objection means an objection against the augmented Electoral Commission proposal lodged with the Electoral Commission under paragraph (13)(a).
initial comments means comments lodged with the Electoral Commission under subsection 69(3).
initial objection means an objection against the Redistribution Committee proposal lodged with the Electoral Commission under section 69.
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.
Note: See also sections 56AA and 56A in relation to redistributions of the Australian Capital Territory and the Northern Territory.
(2) The augmented Electoral Commission shall make a determination under subsection (1) as soon as practicable after it has considered, in accordance with section 72, all the initial objections and any further objections.
(3) The determination shall distribute the State or Territory into Electoral Divisions equal in number to the number of members of the House of Representatives to be chosen in the State or Territory at a general election.
(4) In making the determination, the augmented Electoral Commission:
(a) shall, as far as practicable, endeavour to ensure that the number of electors enrolled in each Electoral Division in the State or Territory will not, at the projection time determined under section 63A, be less than 96.5% or more than 103.5% of the average divisional enrolment of that State or Territory at that time; and
(b) subject to paragraph (a), shall give due consideration, in relation to each Electoral Division, to:
(i) community of interests within the Electoral Division, including economic, social and regional interests;
(ii) means of communication and travel within the Electoral Division;
(iv) the physical features and area of the Electoral Division; and
(v) the boundaries of existing Divisions in the State or Territory;
and subject thereto the quota of electors for the State or Territory shall be the basis for the redistribution, and the augmented Electoral Commission may adopt a margin of allowance, to be used whenever necessary, but in no case shall the quota be departed from to a greater extent than one‑tenth more or one‑tenth less.
(4A) When applying subsection (4), the augmented Electoral Commission must treat the matter in subparagraph (4)(b)(v) as subordinate to the matters in subparagraphs (4)(b)(i), (ii) and (iv).
(6) Until the next following expiration or dissolution of the House of Representatives, the redistribution does not affect the election of a new member to fill a vacancy happening in the House of Representatives.
(7) For the purposes of any such election, the Divisions that existed before the redistribution, and the Rolls for those Divisions, continue to have full force and effect, notwithstanding the redistribution and that new Rolls have been prepared for the new Divisions.
(8) The augmented Electoral Commission may, when it makes a determination under subsection (1), make a public announcement as to:
(a) the substance of its findings or conclusions concerning the initial objections and any further objections; and
(b) its determination.
(9) In this section:
initial objection has the same meaning as in section 72.
further objection has the same meaning as in section 72.
74 Reasons for determination made by augmented Electoral Commission
An augmented Electoral Commission for a State or the Australian Capital Territory shall state, in writing, its reasons for the determination made by it under subsection 73(1) and any member of the augmented Electoral Commission who disagrees with the determination may state in writing the reasons for his or her disagreement.
75 Copies of certain documents to be forwarded to Minister
(1) The Electoral Commission shall, as soon as practicable after an augmented Electoral Commission for a State or the Australian Capital Territory has determined under subsection 73(1) the names and boundaries of the Electoral Divisions into which the State or Territory is to be distributed, forward to the Minister a copy of:
(a) the suggestions relating to the redistribution of the State or Territory lodged with the Redistribution Committee for the State or Territory in pursuance of paragraph 64(1)(a);
(b) the comments lodged with the Redistribution Committee in pursuance of paragraph 64(1)(b);
(c) the proposed redistribution made by the Redistribution Committee and its reasons for the proposed redistribution;
(d) if a member of the Redistribution Committee has stated in writing the reasons for his or her disagreement with the proposed redistribution—those reasons;
(e) the objections and comments lodged with the Electoral Commission under section 69;
(ea) the written record (if any) of the proceedings at any inquiry held under subsection 72(3);
(f) the determination of the augmented Electoral Commission under subsection 73(1) and its reasons for the determination; and
(g) if a member of the augmented Electoral Commission has stated in writing the reasons for his or her disagreement with the determination made by the augmented Electoral Commission—those reasons.
(2) The Minister shall cause copies of the suggestions, comments, proposed redistribution, reasons, objections, written record and determination referred to in subsection (1) to be laid before each House of the Parliament within 5 sitting days of that House after receiving a copy of them.
76 Mini‑redistribution
(1) Where, on a day (in this section referred to as the relevant day) on which the Governor‑General causes writs (in this section referred to as the writs) for a general election to be issued, the number (in this section referred to as the present entitlement of the State) of members of the House of Representatives to be chosen in a State at the general election differs from the number (in this section referred to as the previous entitlement of the State) of Divisions in accordance with which the State is for the time being distributed, a redistribution of the State into Divisions shall take place under this section.
(2) For the purposes of the redistribution, the Electoral Commissioner and the Australian Electoral Officer for the State shall be the Redistribution Commissioners for the State.
(3) Forthwith after the issue of the writs, the Redistribution Commissioners for the State shall, subject to subsections (4) and (5):
(a) in a case where the present entitlement of the State is greater than the previous entitlement of the State:
(i) prepare a list of all possible pairs of contiguous Divisions in the State;
(ii) ascertain the number of electors enrolled in each possible pair of contiguous Divisions;
(iii) set aside the pair of contiguous Divisions that has the greatest number of electors enrolled;
(iv) if the difference between the present entitlement of the State and the previous entitlement of the State is 2—delete from the list all possible pairs of contiguous Divisions containing a Division included in the pair of contiguous Divisions set aside in pursuance of subparagraph (iii) and set aside the pair of contiguous Divisions remaining on the list that has the greatest number of electors enrolled; and
(v) if the difference between the present entitlement of the State and the previous entitlement of the State is greater than 2—continue successively deleting from the list all possible pairs of contiguous Divisions containing a Division included in a pair of contiguous Divisions set aside in pursuance of subparagraph (iv) or of this subparagraph, and setting aside the pair of contiguous Divisions remaining on the list that has the greatest number of electors enrolled, until the number of pairs of contiguous Divisions set aside in pursuance of this paragraph is equal to the difference between the present entitlement of the State and the previous entitlement of the State; and
(b) in a case where the present entitlement of the State is less than the previous entitlement of the State:
(i) prepare a list of all possible pairs of contiguous Divisions in the State;
(ii) ascertain the number of electors enrolled in each possible pair of contiguous Divisions;
(iii) set aside the pair of contiguous Divisions that has the smallest number of electors enrolled;
(iv) if the difference between the present entitlement of the State and the previous entitlement of the State is 2—delete from the list all possible pairs of contiguous Divisions containing a Division included in the pair of contiguous Divisions set aside in pursuance of subparagraph (iii) and set aside the pair of contiguous Divisions remaining on the list that has the smallest number of electors enrolled; and
(v) if the difference between the present entitlement of the State and the previous entitlement of the State is greater than 2—continue successively deleting from the list all possible pairs of contiguous Divisions containing a Division included in a pair of contiguous Divisions set aside in pursuance of subparagraph (iv) or of this subparagraph, and setting aside the pair of contiguous Divisions remaining on the list that has the smallest number of electors enrolled, until the number of pairs of contiguous Divisions set aside in pursuance of this paragraph is equal to the difference between the present entitlement of the State and the previous entitlement of the State.
(4) Where, on or remaining on a list prepared in pursuance of paragraph (3)(a), there are 2 or more pairs of contiguous Divisions (in this subsection referred to as the relevant pairs of contiguous Divisions) that have the same number of electors enrolled and there is no other pair of contiguous Divisions that has a greater number of electors enrolled, the pair of contiguous Divisions to be set aside in pursuance of that paragraph shall be determined from amongst the relevant pairs of contiguous Divisions by lot.
(5) Where, on or remaining on a list prepared in pursuance of paragraph (3)(b), there are 2 or more pairs of contiguous Divisions (in this subsection referred to as the relevant pairs of contiguous Divisions) that have the same number of electors enrolled and there is no other pair of contiguous Divisions that has a smaller number of electors enrolled, the pair of contiguous Divisions to be set aside in pursuance of that paragraph shall be determined from amongst the relevant pairs of contiguous Divisions by lot.
(6) The Redistribution Commissioners shall, in accordance with subsections (8) to (12) (inclusive), determine, by instrument in writing, the names and boundaries of the Electoral Divisions into which the State is to be distributed, and those Electoral Divisions shall, until altered by a determination under this subsection or subsection 73(1), be the Divisions in the State.
(7) The Redistribution Commissioners shall make a determination under subsection (6) as soon as practicable after they have, in accordance with subsection (3), set aside a number of pairs of contiguous Divisions in the State equal to the difference between the present entitlement of the State and the previous entitlement of the State and, in any event, before the expiration of the period of 7 days after the relevant day.
(8) The names and boundaries of the Divisions not included in a pair of contiguous Divisions set aside under subsection (3) shall not be altered.
(9) Where the present entitlement of the State is greater than the previous entitlement of the State, each pair of contiguous Divisions set aside in pursuance of paragraph (3)(a) shall be distributed into 3 Electoral Divisions in the following manner:
(a) the Population Census Collection Districts in the pair of contiguous Divisions, or the parts of such Districts that are within those Divisions, in the pair of contiguous Divisions shall be the basis for the redistribution and shall be allocated amongst the 3 Electoral Divisions without alteration;
(b) each Electoral Division shall, as far as practicable, contain the same number of electors enrolled;
(c) except in so far as discontinuous or separate boundaries are necessary for the purpose of including an island in an Electoral Division, the boundaries of each Electoral Division shall form an unbroken line.
(10) The 3 Electoral Divisions so formed from the pair of contiguous Divisions shall, as far as practicable, be named in the following manner:
(a) the Electoral Division that contains the greatest number of electors who were enrolled in one of the Divisions included in the pair of contiguous Divisions shall be given the name of that Division;
(b) the Electoral Division that contains the greatest number of electors who were enrolled in the other Division included in the pair of contiguous Divisions shall be given the name of that other Division;
(c) the Electoral Division remaining to be named after the application of paragraphs (a) and (b) shall have a name consisting of the names of each Division included in the pair of contiguous Divisions arranged in alphabetical order and hyphenated.
(11) Where the present entitlement of the State is less than the previous entitlement of the State, each pair of contiguous Divisions set aside in pursuance of paragraph (3)(b) shall be distributed into one Electoral Division.
(12) The Electoral Division so formed from the pair of contiguous Divisions shall have a name consisting of the names of each Division included in the pair of contiguous Divisions arranged in alphabetical order and hyphenated.
(13) The Redistribution Commissioners shall, forthwith after the making of the determination under subsection (6):
(a) forward to the Minister a copy of the determination; and
(b) cause a copy of the determination to be published forthwith in the Gazette and in 2 newspapers circulating throughout the State.
(14) The Minister shall cause copies of the determination to be laid before each House of the Parliament within 5 sitting days of that House after he or she receives a copy of the determination.
(15) The number of electors enrolled in each pair of contiguous Divisions in the State and in each Subdivision in each Division in the State shall, in so far as it is necessary to do so for the purposes of this section, be ascertained using only the last statement published under subsection 58(1) before the relevant day.
(16) Two Divisions in a State shall be taken, for the purposes of this section, to be contiguous Divisions if the boundaries of the Divisions actually touch in at least one place.
(16A) This section applies to the Australian Capital Territory as if:
(a) a reference to a State were a reference to the Australian Capital Territory;
(b) except in subsection (2), a reference to the Australian Electoral Officer for a State were a reference to the Electoral Commissioner; and
(c) subsection (2) were omitted and the following subsection substituted:
“(2) For the purposes of the redistribution, the Electoral Commissioner and a member of the staff of the Electoral Commission appointed under subsection 60(7B) are to be the Redistribution Commissioners for the Australian Capital Territory.”.
(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: Imprisonment for 12 months or 20 penalty units, or both.
Part V—Subdivisions and polling places
79 Subdivisions
(1) Subject to subsection (2), the Electoral Commission may, by notice published in the Gazette:
(a) divide a Division into such Subdivisions (if any) as are specified and set out the boundaries of each Subdivision so specified; and
(b) divide the Northern Territory into such Districts as are specified and set out the boundaries of each District so specified.
(2) The Territory of Cocos (Keeling) Islands shall be one District of the Division of the Northern Territory and the Territory of Christmas Island shall be one District of the Division of that Territory.
(3) If the Northern Territory is distributed into Electoral Divisions under section 73 or under section 76, as it has effect by virtue of section 76A, this section shall have effect, after the distribution, as if:
(a) a reference in paragraph (1)(a) to a Division were a reference to a Division other than a Division in the Northern Territory;
(b) the words “the Northern Territory” were omitted from paragraph (1)(b) and the words “each Division in the Northern Territory” were substituted; and
(c) subsection (2) were omitted and the following subsection substituted:
“(2) The Territory of Christmas Island and the Territory of Cocos (Keeling) Islands shall each be a District of the Division in which they are included.”.
80 Polling places
(1) The Electoral Commissioner may in writing:
(a) appoint, by name, such polling places for each Division as he or she considers necessary;
(b) declare polling places appointed under paragraph (a) in respect of a Division to be polling places for a specified Subdivision of that Division; and
(c) abolish any polling place.
(2) No polling place for a Division shall be abolished after the issue of a writ relating, in whole or in part, to the taking of a poll in that Division and before the time appointed for its return.
(2A) The Electoral Commissioner must cause to be published, on the Electoral Commission’s website and in any other way he or she considers appropriate, notice of an appointment, declaration or abolition made under subsection (1).
(2B) Failure to publish notice of an appointment, declaration or abolition made under subsection (1), as required by subsection (2A), does not affect the validity of the appointment, declaration or abolition.
(3) The Electoral Commissioner shall, on at least one occasion after the issue of a writ relating, in whole or in part, to the taking of a poll in a Division but before the date fixed for the polling, if it is practicable to do so, publish in a newspaper circulating in that Division a notice:
(a) setting out all polling places in that Division; and
(b) setting out all places that were polling places for that Division at the later of:
(i) the time of the last election for which a poll was taken in that Division; and
(ii) the time of the last referendum (within the meaning of the Referendum (Machinery Provisions) Act 1984);
but that have been abolished since that time.
Part VI—Electoral Rolls
81 Electoral Rolls
(1) There shall be a Roll of the electors for each State and for each Territory.
82 Subdivision Rolls, Division Rolls and State and Territory Rolls
(1) There shall be a Roll for each Division.
(2) There shall be a separate Roll for each Subdivision.
(3) All the Subdivision Rolls for a Division shall together form the Roll for the Division.
(4) All the Division Rolls for a State or a Territory shall together form the Roll for that State or Territory, as the case requires.
83 Form of Rolls
(1) Subject to subsection (2) and section 104, the Rolls may be in the prescribed form, and shall set out the surname, Christian or given names and place of living of each elector and such further particulars as are prescribed.
(2) Where an elector is an eligible overseas elector or an itinerant elector, the Roll shall not set out the place of living of the elector.
84 Arrangement with States
(1) The Governor‑General may arrange with the Governor of a State, the Administrator of the Northern Territory or the Chief Minister of the Australian Capital Territory for, or for the carrying out of a procedure relating to, the preparation, alteration or revision of the Rolls, in any manner consistent with the provisions of this Act, jointly by the Commonwealth and the State, jointly by the Commonwealth and the Northern Territory or jointly by the Commonwealth and the Australian Capital Territory, as the case may be, whether for the purpose of the Rolls being used as Electoral Rolls for State elections, Northern Territory elections or Australian Capital Territory elections, as the case may be, as well as for Commonwealth elections, or for any other purpose.
(2) When any such arrangement has been made, the Rolls may contain:
(a) the names and descriptions of persons who are not entitled to be enrolled thereon as electors of the Commonwealth provided that it is clearly indicated in the prescribed manner that those persons are not enrolled thereon as Commonwealth electors;
(b) distinguishing marks against the names of persons enrolled as Commonwealth electors, to show that those persons are or are not also enrolled as State electors, Australian Capital Territory electors or Northern Territory electors; and
(c) other particulars in addition to the prescribed particulars;
and for the purposes of this Act the names, descriptions, marks, and particulars so contained shall not be deemed part of the Roll.
85 New Rolls to be prepared upon Proclamation
(1) New Rolls for any Subdivision, Division, State or Territory shall be prepared whenever directed by proclamation.
(2) The proclamation may specify the manner in which the Rolls shall be prepared; and may require every person entitled to enrolment on any new Roll, otherwise than by virtue of section 94, 94A, 95 or 96, to sign and send to the proper officer in accordance with the regulations a form of claim for enrolment and otherwise to comply with the regulations relating to compulsory enrolment:
Provided that an elector enrolled for the Subdivision in which he or she lives, in pursuance of a claim signed by him or her, shall not be required to sign and send in any further claim for enrolment in connexion with the preparation of a new Roll.
86 New Rolls on creation of new Divisions etc.
(1) Where:
(a) a Division is divided into Subdivisions;
(b) a new Division or a new Subdivision is created; or
(c) the boundaries of an existing Division or of an existing Subdivision are altered;
new Rolls shall be prepared in respect of each Division or Subdivision created or otherwise affected by reason of the circumstance referred to in paragraph (a), (b) or (c) by making any necessary transfer of electors between Rolls for existing Divisions or Subdivisions or between Rolls for existing Divisions or Subdivisions and Rolls for new Divisions or Subdivisions.
(2) A transfer of electors for the purposes of subsection (1) between one Roll and another Roll shall be effected by removing the names and other particulars of the electors from the Roll on which the names of those electors are presently entered and entering the names and other particulars of those electors on the Roll to which those electors are to be transferred.
(3) Where, for the purposes of subsection (1), electors are transferred between Rolls:
(a) in a case where, in the opinion of the Electoral Commissioner, a reasonably effective notification of that transfer can be given by notice published in a newspaper—the Electoral Commissioner shall cause notice of that transfer to be so published in that newspaper; and
(b) in a case to which paragraph (a) does not apply—the Electoral Commissioner:
(i) must cause a notice of that transfer to be delivered to the address of each elector affected by the transfer; and
(ii) may cause a notice of that transfer to be delivered to other addresses.
87 Additions etc. to new Rolls
If a new Roll for a Subdivision is prepared, the Electoral Commissioner must:
(a) make additions, alterations, and corrections therein; and
(b) remove names therefrom;
pursuant to claims or notifications received, and action taken under section 103A or 103B, between the date of the proclamation directing the preparation of new Rolls pursuant to section 85, or the date upon which there occurs a circumstance necessitating the preparation of new Rolls pursuant to section 86, as the case may be, and the date of the notification that the Rolls have been prepared, where the additions, alterations or corrections have not already been made in, or the removals have not been made from, the Rolls.
88 Objections and notices to have effect in relation to new Rolls
Where objections have been lodged or notices of objection have been issued and action in respect of those objections or notices has not been completed prior to the notification of the preparation, pursuant to section 85 or 86, of new Rolls, the objections or notices shall have effect in relation to the new Rolls as if such Rolls had been in existence at the time of the lodging of the objections or the issuing of the notices.
90 Commission to determine manner and form of access to Rolls etc.
(1) The Electoral Commission may determine the manner and form in which information is to be provided under this Part.
(2) Without limiting subsection (1), the Electoral Commission may determine that the information is to be provided electronically or in electronic form.
(3) If the Electoral Commission:
(a) makes a copy of a Roll available for public inspection in a particular form; or
(b) gives a copy of a Roll to a person or organisation in a particular form;
the copy is to be a copy of the most up‑to‑date version of the Roll that is available in that form.
(4) A reference in this section to information being provided includes a reference to:
(a) a copy of a Roll being made available for public inspection; and
(b) a copy of a Roll or certified list of voters being given to a person or organisation.
90A Inspection etc. of Rolls
Access at office of Divisional Returning Officer etc.
(1) A copy of the Roll for a Division is to be available, at any time during ordinary office hours, for public inspection without fee at:
(a) the office of each Divisional Returning Officer; and
(b) the office of each Assistant Divisional Returning Officer; and
(c) such other places (if any) as the Electoral Commission determines.
Access at capital city office of the Electoral Commission
(2) A copy of the following are to be available, at any time during ordinary business hours, for public inspection without fee at each capital city office of the Electoral Commission:
(a) the Roll for each State and Territory;
(b) any other Roll specified in a direction given by the Electoral Commissioner for the purpose of this paragraph.
(3) The capital city offices of the Electoral Commission are:
(a) the principal office of the Commission in Canberra; and
(b) such other places (if any) in Canberra as the Electoral Commission determines; and
(c) the principal office of the Commission in the capital city of each State; and
(d) the principal office of the Commission in Darwin.
Other access
(4) The Electoral Commission may make a copy of a Roll available for public inspection without fee in any other way that the Electoral Commission considers appropriate.
Limitation
(5) A right of inspection under this section does not include the right to copy or record by electronic means the Roll or a part of the Roll.
90B Information on Rolls and certified lists of voters to be provided to particular people and organisations
(1) The following table sets out the persons and organisations to whom the Electoral Commission must give information in relation to the Rolls and certified lists of voters and specifies the information to be given and the circumstances in which it is to be given:
| Provision of information on Rolls and certified lists of voters |
| Item | Person or organisation | Information to be given | Circumstances in which information is to be given |
| 1 | a candidate in a House of Representatives election | a copy of the certified list of voters for the Division for which the candidate is seeking election | (a) as soon as practicable after the close of the Rolls; and (b) without charge. |
| 2 | a registered political party | a copy of the Roll for each State and Territory | (a) as soon as practicable after a general election; and (b) without charge; and (c) subject to subsection (3). |
| 3 | a registered political party | a copy of the habitation index for each Division | (a) as soon as practicable after a general election; and (b) without charge; and (c) subject to subsection (3). |
| 4 | a registered political party | a copy of a habitation index | (a) on request by the party; and (b) without charge; and (c) subject to subsection (3). |
| 4A | a registered political party | voting information (as defined in subsection (10)) in relation to the election | (a) on request by the party; and (b) without charge; and (c) subject to subsection (3). |
| 5 | a registered political party with a member who is a Senator or a member of the House of Representatives | a copy of a Roll See also subsection (2). | (a) on request by the party; and (b) without charge; and (c) subject to subsection (3). |
| 6 | any other registered political party | a copy of a Roll See also subsection (2). | (a) on request by the party; and (b) on payment of the fee (if any) payable under subsection (9); and (c) subject to subsection (3). |
| 7 | a Senator for a State or Territory | 3 copies of the certified list of voters for each Division in the State or Territory used in a Senate election | (a) as soon as practicable after the result of the Senate election is declared under section 283; and (b) without charge. |
| 8 | a Senator for a State or Territory | 3 copies of the Roll for the State or Territory | (a) as soon as practicable after a general election; and (b) without charge. |
| 9 | a Senator for a State or Territory | 3 copies of the certified list of voters for an election of a member of the House of Representatives for a Division in the State or Territory | (a) as soon as practicable after the member of the House of Representatives is declared elected for the Division under section 284; and (b) without charge; and (c) the Senator is not entitled to a copy of the same list under item 7. |
| 10 | a Senator for a State or Territory | a copy of the Roll for any Division in that State or Territory See also subsection (2). | (a) on request by the Senator; and (b) without charge. |
| 10A | a Senator for a State or Territory (other than a member of a registered political party) | voting information (as defined in subsection (10)) in relation to the election in which the Senator was elected | (a) on request by the Senator; and (b) without charge. |
| 11 | a member of the House of Representatives | 3 copies of the certified list of voters for the Division for which the member is elected | (a) as soon as practicable after the member is declared elected under section 284; and (b) without charge. |
| 12 | a member of the House of Representatives | 3 copies of the Roll for the Division for which the member is elected | (a) as soon as practicable after a general election; and (b) without charge. |
| 13 | a member of the House of Representatives | 3 copies of the certified list of voters for the Division for which the member is elected that is provided for the purposes of paragraph 203(1)(b) for a Senate election | (a) as soon as practicable after the result of the Senate election is declared under section 283; and (b) without charge; and (c) the member is not entitled to a copy of the same list under item 11. |
| 14 | a member of the House of Representatives | a copy of the Roll for the Division for which the member is elected See also subsection (2). | (a) on request by the member; and (b) without charge. |
| 14A | a member of the House of Representatives for a Division (other than a member of a registered political party) | voting information (as defined in subsection (10)) in relation to the election in which the member was elected | (a) on request by the member; and (b) without charge. |
| 15 | a member of the House of Representatives elected for a Division that is affected by a redistribution | a copy of the Roll for any Division that, after the redistribution, includes the Division, or a part of the Division, for which the member is elected See also subsection (2). | (a) on request by the member; and (b) without charge. |
| 16 | an electoral authority of a State or Territory | (a) any information on a Roll; and (b) any other information that an arrangement under section 84 allows or requires the Electoral Commission to provide to the authority | (a) an arrangement under section 84 allows or requires the information to be provided to the authority; and (b) on payment of the fee (if any) payable under subsection (9). |
Electoral Commission may provide additional information in some circumstances
(2) If the Electoral Commission provides a copy of a Roll to a person or organisation under item 5, 6, 10, 14 or 15, the Electoral Commission may also provide any additional information held by the Electoral Commission about a person whose name is included on the Roll. The additional information is to be provided without charge.
Note: For additional information, see subsection (10).
Registered political parties for a State or Territory only if the party has branch or division for that State or Territory
(3) In spite of subsection (1), the Electoral Commission need not give a registered political party information in relation to persons enrolled in a State or Territory unless a branch or division of the party is organised on the basis of that State or Territory.
Giving parliamentarians electronic copies on request
(3A) On request by the Senator or member of the House of Representatives to whom item 7, 9, 11 or 13 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:
(a) a single electronic copy of the relevant certified list; and
(b) if the Senator or member requests 1 or 2 other copies of the list, that number of other copies of the list.
(3B) On request by the Senator or member of the House of Representatives to whom item 8 or 12 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:
(a) a single electronic copy of the relevant Roll; and
(b) if the Senator or member requests 1 or 2 other copies of that Roll, that number of other copies of that Roll.
(3C) On request by the Senator or member of the House of Representatives to whom item 10, 14 or 15 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member an electronic copy of the relevant Roll.
(3D) Subsections (3A), (3B) and (3C) do not limit the operation of subsections 90(1) and (2) or the Electronic Transactions Act 1999 in relation to subsection (1) of this section.
Information on Rolls may be provided to particular people and organisations
(4) The following table sets out the persons and organisations to whom the Electoral Commission may give information in relation to the Rolls and specifies the information that may be given and the circumstances in which it may be given:
| Provision of information on Rolls |
| Item | Person or organisation | Information that may be given | Circumstances in which information may be given |
| 1 | the persons or organisations (if any) that the Electoral Commission determines are appropriate | a copy of a Roll | (a) as soon as practicable after a general election; and (b) without charge. |
| 2 | any person or organisation that conducts medical research or provides a health screening program | (a) a copy of a Roll (or an extract of a Roll); and (b) if the Electoral Commission wishes—information about: (i) the sex of; or (ii) the age range that covers; a person included on the Roll See also subsection (5). | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
| 3 | any other person or organisation | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
| 4 | a prescribed authority | (a) any information on a Roll; and (b) if the Electoral Commission wishes—information about: (i) the sex of; or (ii) the date of birth of; or (iii) the occupation of; a person whose name is included on the Roll | (a) the provision of the information is authorised by the regulations; and (b) on payment of the fee (if any) payable under subsection (9). |
| 5 | a prescribed person or organisation that verifies, or contributes to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
| 6 | a prescribed person or organisation that: (a) is a reporting entity or an agent of a reporting entity; and (b) carries out applicable customer identification procedures under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
| 7 | a prescribed person or organisation that, under an arrangement with: (a) a reporting entity; or (b) an agent of a reporting entity; provides information for the purpose of facilitating the carrying out of applicable customer identification procedures under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
Item 2 age ranges
(5) The Electoral Commission may determine the age ranges to be used for the purposes of item 2 in the table in subsection (4) in a particular case. However, each age range must cover at least 2 years.
Information about person whose address is not included on Roll
(6) The Electoral Commission must not include in information given under subsection (1) or (4) information about a person whose address has been excluded or deleted from a Roll under section 104.
Restriction on disclosure of information about occupation, sex or date of birth
(7) Except as otherwise provided by this Act, the Electoral Commission must not give a person information which discloses particulars of the occupation, sex or date of birth of an elector.
(8) If an arrangement under section 84 allows information to be given to an electoral authority of a State or Territory, the Electoral Commission may also give that electoral authority information that discloses particulars of the sex or date of birth of an elector who is enrolled in another State or Territory.
Certain information about defence and AFP personnel not to be disclosed
(8A) Nothing in this section (or in an arrangement under section 84) allows or requires the Electoral Commission to give a person or organisation information that the Electoral Commission is aware would or might enable any of the following to be ascertained:
(a) the fact that a particular person has been, is or will be serving outside Australia as:
(i) a defence member or a defence civilian; or
(ii) an AFP officer or staff member;
(b) the place where a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(c) the period of time when a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(d) without limiting any of the preceding paragraphs—the postal address of a person who is serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(e) any other information of a kind specified in the regulations, being information that relates to persons who have been, are or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii).
(8B) Paragraph (8A)(d) does not apply in relation to the postal address of a person who is a general postal voter.
Fee
(9) The Electoral Commission may charge a fee that covers the cost to the Commission of providing information under:
(a) item 6 or 16 in the table in subsection (1); or
(b) item 2, 3, 4, 5, 6 or 7 in the table in subsection (4).
Definitions
(10) In this section:
additional information about a person included on a Roll means the following:
(a) the person’s postal address;
(b) the person’s sex;
(c) the person’s date of birth;
(d) the person’s salutation;
(e) the census district in which the person lives;
(f) the most recent enrolment date and enrolment transaction number for the person;
(g) whether the person is:
(i) not entitled to be enrolled as an elector of the Commonwealth; or
(ii) not also enrolled as a State elector, Australian Capital Territory elector or Northern Territory elector; or
(iii) less than 18 years old;
(h) whether the person is a general postal voter;
(i) whether the person has only recently been enrolled;
(j) whether the person has re‑enrolled and, if so:
(i) the Division and State or Territory in which they were previously enrolled; and
(ii) the enrolment transaction number for the person’s previous enrolment;
(k) the electoral district for the purposes of State or Territory elections in which the person lives;
(l) the local government area in which the person lives;
(m) the Australia Post delivery point identifier for each address of the person.
applicable customer identification procedure has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
habitation index, in relation to a Division, means a list of electors for the Division arranged, in a manner determined by the Electoral Commission, by reference to the respective places of living of the electors whose names are on the Roll for the Division.
reporting entity has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
voting information, in relation to an election, means information that:
(a) contains the names and addresses of the electors who voted at the election (other than itinerant electors, eligible overseas electors and electors whose addresses have been excluded from the Roll under section 104); and
(b) indicates whether or not each of those electors voted at a polling place; and
(c) if the elector voted at a polling place for the Division for which the elector was enrolled, indicates the location of the polling place.
91A Use of information from Roll and habitation index
(1) If information is given to a person or organisation under section 90B, a person must not use the information except for a purpose that is a permitted purpose in relation to the person or organisation the information is given to.
Penalty: 100 penalty units.
(1A) The permitted purposes in relation to a Senator or member of the House of Representatives are:
(a) any purpose in connection with an election or referendum; and
(aa) research regarding election and ballot matters; and
(b) monitoring the accuracy of information contained in a Roll; and
(c) the performance by the Senator or member of his or her functions as a Senator or member in relation to a person or persons enrolled for the Division, State or Territory to which the tape or disk relates.
(2) The permitted purposes in relation to a political party are:
(a) any purpose in connection with an election or referendum; and
(aa) research regarding election and ballot matters; and
(b) monitoring the accuracy of information contained in a Roll; and
(c) the performance by a senator or member of the House of Representatives who is a member of the party of his or her functions as a senator or member in relation to a person or persons enrolled for the Division, State or Territory to which the tape or disk relates.
(2AA) The permitted purposes in relation to a prescribed authority are:
(a) monitoring the accuracy of information contained on a Roll; and
(b) any other purpose that is prescribed for the prescribed authority.
(2A) The permitted purposes in relation to a person or organisation other than a Senator, member of the House of Representatives, political party or prescribed authority are:
(a) any purpose in connection with an election or referendum; and
(b) monitoring the accuracy of information contained in a Roll; and
(c) any other purpose that is prescribed.
(2B) For information provided under item 16 of the table in subsection 90B(1), the only permitted purposes in relation to an electoral authority of a State or Territory are:
(a) any purpose in connection with an election or referendum; and
(b) monitoring the accuracy of information contained in a Roll; and
(c) any other purpose that is prescribed by the regulations for the purposes of this paragraph.
(2C) For information provided under item 5 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988.
(2D) For information provided under item 6 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to carry out an applicable customer identification procedure under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
(2E) For information provided under item 7 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is facilitating the carrying out of an applicable customer identification procedure under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
(3) In this section:
applicable customer identification procedure has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
election means:
(a) a Senate election;
(b) a House of Representatives election;
(c) a State election;
(d) a Territory election; or
(e) a local government election.
referendum means a referendum conducted under a law of the Commonwealth or of a State or Territory.
91B Prohibition of disclosure or commercial use of Roll or habitation index
(1) For the purposes of this section, information is protected information in relation to a person if the person knows, or has reasonable grounds for believing, that the information has been obtained under section 90B.
(2) A person must not disclose protected information unless the disclosure would be a use of the information for a permitted purpose under section 91A.
Penalty: 1,000 penalty units.
(3) A person shall not use protected information for a commercial purpose (other than information provided under item 5, 6 or 7 of the table in subsection 90B(4) that is used for a permitted purpose).
Penalty: 1,000 penalty units.
92 Roll reviews
(1) All officers in the service of the Commonwealth, a State or a Territory, officers in the service of any local governing body, and all occupiers of habitations shall upon application furnish to the Electoral Commissioner or to any officer acting under the Electoral Commissioner’s direction all such information as the Electoral Commissioner requires in connexion with the preparation, maintenance or revision of the Rolls.
(2) The Electoral Commissioner must cause reviews to be conducted of the Rolls, with a view to ascertaining such information as is required for the preparation, maintenance and revision of the Rolls.
(3) There must be paid to the Electoral Commissioner, out of the Consolidated Revenue Fund, amounts equal to the sum of the expenses reasonably incurred by him or her in respect of reviews conducted under subsection (2).
(6) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (3).
(7) The Finance Minister may make advances to the Electoral Commissioner on account of the amount that is expected to become payable under this section to the Electoral Commissioner.
(8) Amounts payable to the Electoral Commissioner under this section shall be paid in such amounts, and at such times, as the Finance Minister determines.
Part VII—Qualifications and disqualifications for enrolment and for voting
93 Persons entitled to enrolment and to vote
(1) Subject to subsections (7) and (8) and to Part VIII, all persons:
(a) who have attained 18 years of age; and
(b) who are:
(i) Australian citizens; or
(ii) persons (other than Australian citizens) who would, if the relevant citizenship law had continued in force, be British subjects within the meaning of that relevant citizenship law and whose names were, immediately before 26 January 1984:
(A) on the roll for a Division; or
(B) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 or the Northern Territory Representation Act 1922;
shall be entitled to enrolment.
(2) Subject to subsections (3), (4), (5) and (8AA), an elector whose name is on the Roll for a Division is entitled to vote at elections of Members of the Senate for the State that includes that Division and at elections of Members of the House of Representatives for that Division.
(3) An elector:
(a) whose name has been placed on a Roll in pursuance of a claim made under section 100; and
(b) who has not attained 18 years of age on the date fixed for the polling in an election;
is not entitled to vote at that election.
(4) Notwithstanding section 100 or any enrolment in pursuance of a claim made under that section, for the purposes of this Act in its application in relation to an election, a person who has not attained 18 years of age on the date fixed for the polling in that election shall not be taken to be:
(a) entitled to be enrolled on a Roll; or
(b) enrolled on a Roll.
(5) A person is not entitled to vote more than once at any Senate election or any House of Representatives election, or at more than one election for the Senate or for the House of Representatives held on the same day.
(7) A person who is:
(a) within the meaning of the Migration Act 1958, the holder of a temporary visa; or
(b) an unlawful non‑citizen under that Act;
is not entitled to enrolment under Part VIII.
(8) A person who:
(a) by reason of being of unsound mind, is incapable of understanding the nature and significance of enrolment and voting; or
(b) has been convicted of treason or treachery and has not been pardoned;
is not entitled to have his or her name placed or retained on any Roll or to vote at any Senate election or House of Representatives election.
(8AA) A person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at any Senate election or House of Representatives election.
Note: For the definition of sentence of imprisonment, see subsection 4(1A).
(8A) In subsection (1), relevant citizenship law means the Australian Citizenship Act 1948 as amended and in force immediately before the day fixed by Proclamation for the purposes of subsection 2(2) of the Australian Citizenship Amendment Act 1984 and the regulations in force immediately before that day under the Australian Citizenship Act 1948 as so amended and in force.
(10) The reference in subsection (8) to treason or treachery includes a reference to treason or treachery committed in relation to the Crown in right of a State or the Northern Territory or in relation to the government of a State or the Northern Territory.
93A Power to refuse to include in the Roll inappropriate names
(1) This section applies to the inclusion of a person’s name in a Roll under a provision of this Part.
(2) The Electoral Commissioner may refuse to include a person’s name in a Roll if the Electoral Commissioner considers that the name:
(a) is fictitious, frivolous, offensive or obscene; or
(b) is not the name by which the person is usually known; or
(c) is not written in the alphabet used for the English language.
(3) The Electoral Commissioner may refuse to include a person’s name in a Roll if including the name in the Roll would be contrary to the public interest.
(4) If the Electoral Commissioner decides under this section to refuse to include a person’s name in a Roll, the Electoral Commissioner must notify the person in writing of that decision.
94 Enrolled voters leaving Australia
(1) An elector who:
(a) is enrolled for a particular Subdivision of a Division; and
(b) has ceased to reside in Australia, or intends to cease to reside in Australia; and
(c) intends to resume residing in Australia (whether in that Subdivision or elsewhere) not later than 6 years after ceasing to reside in Australia;
may apply to be treated as an eligible overseas elector. The application must be in the approved form and signed by the elector, and must be made to the Electoral Commissioner.
(1A) An application that is made while the elector still resides in Australia must be made within 3 months before the elector intends to cease to reside in Australia.
(1B) An application that is made after the elector ceased to reside in Australia must be made within 3 years after the day on which the elector ceased to reside in Australia.
(2) Where an application is made under subsection (1):
(a) the Electoral Commissioner must annotate the Roll so as to indicate that the elector is an eligible overseas elector; and
(b) subject to this section, the elector is entitled to be treated as an eligible overseas elector from the time when the annotation is made until it is cancelled.
(3) Notwithstanding anything in subsection 99(1) or (2), while a person is entitled to be treated as an eligible overseas elector by virtue of an annotation under subsection (2) to the Roll for a Subdivision, the person is entitled to:
(a) have his or her name retained on the Roll for the Subdivision; and
(b) vote as an elector of the Subdivision.
(4) Where a person applies under subsection (1) to the Electoral Commissioner to be treated as an eligible overseas elector and the person’s name is not on the Roll for a Subdivision of the Division, the Electoral Commissioner shall refuse the application and give notice in writing of the decision to the person making the application.
(5) A person who has applied under subsection (1) shall, as soon as practicable, give written notice to the Electoral Commissioner of the occurrence of any of the following circumstances:
(a) the person does not cease to reside in Australia within 3 months after the day on which the application was made;
(b) within 6 years after ceasing to reside in Australia, the person again becomes resident in Australia;
(c) the person abandons the intention to become resident again in Australia within 6 years after ceasing to reside in Australia;
(d) the person ceases to be entitled to enrolment.
(6) Subject to subsection (13), if a person who is an eligible overseas elector does not cease to reside in Australia within 3 months after the day on which he or she applied under subsection (1) to be treated as an eligible overseas elector, the person ceases to be entitled to be treated as an eligible overseas elector.
(6A) Paragraph (5)(a) and subsection (6) do not apply to a person who is an eligible overseas elector whose application under subsection (1) was made after the person ceased to reside in Australia.
(7) If a person who is an eligible overseas elector again becomes resident in Australia within 6 years after ceasing to reside in Australia, the person ceases to be entitled to be treated as an eligible overseas elector at the end of 1 month after the day on which he or she again became resident in Australia.
(8) Where a person who is an eligible overseas elector in relation to a Subdivision by virtue of this section:
(a) ceases to have the intention to resume residing in Australia within the period (in this subsection referred to as the relevant period) of 6 years after the day on which he or she ceased to reside in Australia; and
(b) intends to resume residing in Australia at some time after the expiration of the relevant period;
and applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(9) Where a person who:
(a) is being treated as an eligible overseas elector in relation to a Subdivision for a further period (in this subsection referred to as the relevant period) of 1 year in pursuance of an application made under subsection (8) or under this subsection; and
(b) intends to resume residing in Australia;
applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(10) An application under subsection (8) or (9) shall be in writing and signed by the applicant.
(11) Where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9):
(a) resumes residing in Australia; or
(b) ceases to have the intention to resume residing in Australia;
the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a) or (b), as the case may be.
(12) Subject to subsection (13), where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) resumes residing in Australia, the person ceases to be entitled to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
(13) A person ceases to be entitled to be treated as an eligible overseas elector under this section if:
(a) the person gives notice under paragraph (5)(c) and does not make an application under subsection (8);
(b) the person gives notice under paragraph (11)(b);
(c) while the person is being so treated, a general election is held at which he or she neither votes nor applies for a postal vote;
(d) the person ceases to be entitled to enrolment;
(e) except where:
(i) the person has given notice under paragraph (5)(b); or
(ii) the person has made an application under subsection (8);
the period of 6 years commencing on the day on which the person ceased to reside in Australia expires; or
(f) in a case where:
(i) the person is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) for a further period (in this paragraph referred to as the relevant period) of 1 year; and
(ii) the person does not make an application under subsection (9) to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period;
the relevant period expires.
(14) Where the Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (2) and the Electoral Commissioner becomes aware that the person has ceased to be entitled to be treated as an eligible overseas elector under this section by virtue of subsection (6), (7), (12) or (13), the Electoral Commissioner shall:
(a) if the person ceases to be eligible otherwise than by virtue of paragraph (13)(d) and the person resides in the Division at the time when he or she ceases to be entitled to be treated as an eligible overseas elector under this section—cancel the annotation made in relation to the person under subsection (2); or
(b) in any other case—cancel the enrolment of the person on the Roll for the Subdivision.
(15) If, after an application is made by a person under subsection (1) to be treated as an eligible overseas elector and before an annotation under subsection (2) is made in relation to the person, an event occurs by reason of which, if the annotation had been made, the person would have ceased to be entitled to be treated as an eligible overseas elector under subsection (6), (7) or (13), whether immediately or otherwise, then:
(a) where the annotation was not made before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner shall not make the annotation; or
(b) where the annotation is made—the annotation or the enrolment of the person, as the case requires, ceases to be in force immediately after the annotation is made.
94A Enrolment from outside Australia
(1) A person may apply to the Electoral Commissioner for enrolment for a Subdivision if, at the time of making the application:
(a) the person has ceased to reside in Australia; and
(b) the person is not enrolled; and
(c) the person is not qualified for enrolment, but would be so qualified if he or she resided at an address in a Subdivision of a Division, and had done so for at least a month; and
(d) the person intends to resume residing in Australia not later than 6 years after he or she ceased to reside in Australia.
(2) An application:
(a) must be in the approved form; and
(b) must be signed by the applicant; and
(c) must be made within 3 years of the day on which the applicant ceased to reside in Australia; and
(d) must comply with section 98AA (evidence of identity requirements).
(3) The Electoral Commissioner must add the person’s name to the Roll:
(a) for the Subdivision for which the person last had an entitlement to be enrolled; or
(b) if the person has never had such an entitlement, for a Subdivision for which any of the person’s next of kin is enrolled; or
(c) if neither paragraph (a) nor (b) applies, for the Subdivision in which the person was born; or
(d) if none of paragraphs (a), (b) and (c) applies, for the Subdivision with which the person has the closest connection.
(4) If:
(a) the application is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(b) the application relates to a Subdivision of that Division;
the person’s name must not be added to the Roll for the Subdivision until after the close of the poll for that election.
(5) The Electoral Commissioner must notify the person in writing:
(a) of a decision to grant or refuse the application; or
(b) of the Electoral Commissioner’s opinion that the application cannot be proceeded with because of subsection (4).
(6) If the application is granted, the Electoral Commissioner must treat the application as if it were a valid application under subsection 94(1) by the person to be treated as an eligible overseas elector.
95 Eligibility of spouse, de facto partner or child of eligible overseas elector
(1) Where a person:
(a) who is the spouse, de facto partner or child of a person who is an eligible overseas elector by virtue of section 94 in relation to a Subdivision (in this subsection referred to as the relevant Subdivision);
(b) who is living at a place outside Australia so as to be with or near the eligible overseas elector;
(c) who had not attained 18 years of age when he or she last ceased to reside in Australia;
(d) whose name is not, and has not been, on a Roll;
(e) who is not qualified for enrolment under section 93 but would be so qualified if he or she resided at an address in a Subdivision of a Division; and
(f) who intends to resume residing in Australia not later than 6 years after the day on which he or she attained 18 years of age;
applies to the Electoral Commissioner to have his or her name placed on the Roll for the relevant Subdivision and to be treated as an eligible overseas elector, the Electoral Commissioner shall, subject to subsection (4):
(g) add the name of the person to the Roll for the relevant Subdivision; and
(h) annotate the Roll for the relevant Subdivision so as to indicate that the person is an eligible overseas elector;
and, subject to subsections (7), (12) and (13), the person is entitled to be treated as an eligible overseas elector from the time when the annotation is made until it is cancelled.
(2) An application:
(a) must be in the approved form; and
(b) must be signed by the applicant; and
(c) must comply with section 98AA (evidence of identity requirements).
(3) Notwithstanding anything contained in subsection 99(1) or (2), while a person is entitled to be treated as an eligible overseas elector by virtue of an annotation under subsection (1) to the Roll for a Subdivision, the person is entitled to:
(a) have his or her name retained on the Roll for the Subdivision; and
(b) vote as an elector of the Subdivision.
(4) If:
(a) an application under this section is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(b) the application relates to a Subdivision of that Division;
the person’s name must not be added to the Roll for the Subdivision, and the annotation of the Roll under subsection (1) in relation to the person must not be made, until after the close of the poll for that election.
(5) The Electoral Commissioner must notify the person in writing:
(a) of a decision to grant or refuse the application; or
(c) of the Electoral Commissioner’s opinion that the application cannot be proceeded with because of subsection (4).
(6) Where a person who has applied under subsection (1) to be treated as an eligible overseas elector:
(a) resumes residing in Australia within 6 years after the day on which he or she attained 18 years of age;
(b) ceases to have the intention to resume residing in Australia within 6 years after the day on which he or she attained 18 years of age; or
(c) ceases to be qualified for enrolment;
the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a), (b) or (c), as the case may be.
(7) Subject to subsection (13), where a person who is being treated as an eligible overseas elector under this section resumes residing in Australia within 6 years after the day on which he or she attained 18 years of age, the person ceases to be eligible to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
(8) Where a person who is an eligible overseas elector in relation to a Subdivision by virtue of this section:
(a) ceases to have the intention to resume residing in Australia within the period (in this subsection referred to as the relevant period) of 6 years after the day on which he or she attained 18 years of age; and
(b) intends to resume residing in Australia at some time after the expiration of the relevant period;
applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(9) Where a person who:
(a) is being treated as an eligible overseas elector in relation to a Subdivision for a further period (in this subsection referred to as the relevant period) of 1 year in pursuance of an application made under subsection (8) or under this subsection; and
(b) intends to resume residing in Australia;
applies, within 3 months before the expiration of the relevant period, to the Electoral Commissioner to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period, the Electoral Commissioner shall annotate the Roll for that Subdivision so as to indicate that the eligible overseas elector is to be treated as an eligible overseas elector for that further period of 1 year.
(10) An application under subsection (8) or (9) shall be in writing and signed by the applicant.
(11) Where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9):
(a) resumes residing in Australia; or
(b) ceases to have the intention to resume residing in Australia;
the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a) or (b), as the case may be.
(12) Subject to subsection (13), where a person who is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) resumes residing in Australia, the person ceases to be entitled to be treated as an eligible overseas elector under this section on the expiration of 1 month after the day on which he or she resumes residing in Australia.
(13) A person ceases to be entitled to be treated as an eligible overseas elector under this section if:
(a) the person gives notice under paragraph (6)(b) and does not make an application under subsection (8);
(b) the person gives notice under paragraph (11)(b);
(c) while the person is being so treated, a general election is held at which the person neither votes nor applies for a postal vote;
(d) the person ceases to be entitled to enrolment;
(e) except where:
(i) the person has given notice under paragraph (6)(b); or
(ii) the person has made an application under subsection (8);
the period of 6 years commencing on the day on which the person attained the age of 18 years expires; or
(f) in a case where:
(i) the person is being treated as an eligible overseas elector in pursuance of an application made under subsection (8) or (9) for a further period (in this paragraph referred to as the relevant period) of 1 year; and
(ii) the person does not make an application under subsection (9) to be treated as an eligible overseas elector for a further period of 1 year commencing on the expiration of the relevant period;
the relevant period expires.
(14) Where the Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (1) and the Electoral Commissioner becomes aware that the person has ceased to be entitled to be treated as an eligible overseas elector under this section by virtue of subsection (7), (12) or (13), the Electoral Commissioner shall:
(a) if the person ceases to be eligible otherwise than by virtue of paragraph (13)(d) and the person resides in the Division at the time when he or she ceases to be entitled to be treated as an eligible overseas elector under this section—cancel the annotation made in relation to the person under subsection (1); or
(b) in any other case—cancel the enrolment of the person on the Roll for the Subdivision.
(15) If, after an application is made by a person under subsection (1) to be treated as an eligible overseas elector and before the person’s name is added to the Roll and an annotation under paragraph (1)(h) is made in relation to the person, an event occurs by reason of which, if the name had been so added and the annotation so made, the person would have ceased to be entitled to be treated as an eligible overseas elector under subsection (7) or (13), whether immediately or otherwise, then:
(a) where the name was not added to the Roll, and the annotation was not made, before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner shall not add the name to the Roll under this section or make the annotation; or
(b) where the name is added to the Roll and the annotation is made—the person ceases to be entitled to be treated as an eligible overseas elector immediately after the name is added and the annotation is made.
96 Itinerant electors
(1) A person who:
(a) is in Australia; and
(b) is not entitled to be enrolled for any Subdivision because:
(i) the person does not reside in any Subdivision; or
(ii) the person is a homeless person;
may apply to the Electoral Commissioner for enrolment under this section for a Subdivision.
(2) An application:
(a) must be in the approved form; and
(b) must be signed by the applicant; and
(c) must comply with section 98AA (evidence of identity requirements), if that section applies to the application.
(2A) The Electoral Commissioner must add the name of the applicant to the Roll:
(a) for the Subdivision for which the applicant last had an entitlement to be enrolled;
(b) if the person has never had such an entitlement, for a Subdivision for which any of the applicant’s next of kin is enrolled;
(c) if neither paragraph (a) nor paragraph (b) applies, for the Subdivision in which the applicant was born; or
(d) if none of paragraphs (a), (b) and (c) applies, for the Subdivision with which the applicant has the closest connection.
(2B) The Electoral Commissioner shall also annotate the Roll so as to indicate that the person is an itinerant elector.
(2C) Until an annotation under subsection (2B) is cancelled, the person to whom the annotation relates is entitled to be treated as an itinerant elector.
(3) Notwithstanding anything contained in subsection 99(1) or (2), while a person is entitled to be treated as an itinerant elector by virtue of an annotation under subsection (2B) to the Roll for a Subdivision, the person is entitled to:
(a) have his or her name retained on the Roll for the Subdivision; and
(b) vote as an elector of the Subdivision.
(4) If:
(a) an application under this section is received by the Electoral Commissioner after 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(b) the application relates to a Subdivision of that Division;
the person’s name must not be added to the Roll for the Subdivision, and the annotation of the Roll under subsection (2B) in relation to the person must not be made, until after the close of the poll for that election.
(5) Where the Electoral Commissioner:
(a) grants or refuses an application made under subsection (1); or
(b) is of the opinion that an application made under that subsection cannot be proceeded with because of the operation of subsection (4);
the Electoral Commissioner shall notify the applicant in writing of that decision or opinion, as the case may be.
(6) If the Electoral Commissioner refuses an application made by a person under subsection (1), the notice under subsection (5) must also include notice of the person’s right to apply for review under Part X.
(7) Where a person who has applied under subsection (1) to be treated as an itinerant elector:
(a) resides in a Subdivision for a period of 1 month or longer; or
(aa) if subparagraph (1)(b)(ii) applied in relation to the application—ceases to be a homeless person; or
(b) forms the intention to depart from Australia and to remain outside Australia for a period of 1 month or longer; or
(c) ceases to be entitled to enrolment;
the person shall, as soon as practicable, give notice in writing to the Electoral Commissioner of the happening of the event referred to in paragraph (a), (aa), (b) or (c), as the case may be.
(8) Subject to subsection (9), where a person who is being treated as an itinerant elector under this section resides in a Subdivision for a period of 1 month or longer, the person ceases to be eligible to be treated as an itinerant elector under this section on the expiration of that period of 1 month.
(8A) Paragraph (7)(a) and subsection (8) do not apply in relation to a homeless person.
(8B) Subject to subsection (9), if:
(a) a person is being treated as an itinerant elector under this section because the person is a homeless person; and
(b) the person ceases to be a homeless person;
the person ceases to be eligible to be treated as an itinerant elector under this section upon ceasing to be a homeless person.
(9) A person ceases to be entitled to be treated as an itinerant elector under this section if:
(b) the person ceases to be entitled to enrolment; or
(c) the person departs from Australia and remains outside Australia for a period of 1 month or longer.
(10) If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under this section and the Electoral Commissioner becomes aware that the person has ceased to be entitled to be treated as an itinerant elector under this section by virtue of subsection (8), (8B) or (9), he or she must:
(a) if the person ceases to be entitled otherwise than because of paragraph (9)(b) and the Electoral Commissioner is aware that the person resides in the Division—cancel the annotation made in relation to the person under subsection (2B); or
(b) in any other case—cancel the enrolment of the person on the Roll for the Subdivision.
(11) If, after an application is made by a person under this section to be treated as an itinerant elector and before the person’s name is added to the Roll and an annotation under subsection (2B) is made in relation to the person, an event occurs by reason of which, if the name had been so added and the annotation so made, the person would cease to be entitled to be treated as an itinerant elector under this section, whether immediately or otherwise, then:
(a) where the name was not added to the Roll, and the annotation was not made, before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner must not add the name to the Roll under this section or make the annotation; or
(b) where the name is added to the Roll and the annotation is made—the person ceases to be entitled to be treated as an itinerant elector immediately after the name is added and the annotation is made.
(12) For the purposes of this section, a person shall be taken to reside at a place if, and only if, the person has his or her real place of living at that place.
(13) In this section:
homeless person includes:
(a) a person living in:
(i) crisis accommodation; or
(ii) transitional accommodation; and
(b) a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994.
96A Enrolment of prisoners
(1) Subject to section 93, a person who is serving a sentence of imprisonment is entitled to remain enrolled for the Subdivision (if any) for which the person was enrolled when he or she began serving the sentence.
(2) An eligible person who is serving a sentence of imprisonment but who was not enrolled when he or she began serving the sentence is entitled to be enrolled for:
(a) the Subdivision for which the person was entitled to be enrolled at that time;
(b) if the person was not so entitled, a Subdivision for which any of the person’s next of kin is enrolled;
(c) if neither of paragraphs (a) and (b) is applicable, the Subdivision in which the person was born; and
(d) if none of the preceding paragraphs is applicable, the Subdivision with which the person has the closest connection.
(3) In subsection (2), eligible person means a person who, under section 93, is entitled to enrolment.
96B Entitlement of Antarctic electors to vote
(1) An Antarctic elector is entitled to vote in accordance with Part XVB (electronically assisted voting).
Electors in Antarctica who are already on the Roll
(2) Despite subsection 99(1) or (2), while a person is an Antarctic elector, the person is entitled to:
(a) have the person’s name retained on the Roll for the Subdivision in which the person was enrolled when the person first began to be in Antarctica or on the ship that is in transit to or from Antarctica; and
(b) vote as an elector of the Subdivision.
(3) A person who is an Antarctic elector may, by notice given to the Electoral Commissioner, notify the Electoral Commissioner that the person is an Antarctic elector.
Persons in Antarctica who are not already on the Roll
(4) Subsection (5) applies if:
(a) a person is, under section 93, entitled to enrolment; and
(b) the person is, in the course of the person’s employment:
(i) in Antarctica; or
(ii) on a ship at sea in transit to or from Antarctica; and
(c) the person was not enrolled when the person began to be in Antarctica or on the ship.
(5) The person is entitled to be enrolled:
(a) for the Subdivision for which the person last had an entitlement to be enrolled; or
(b) if the person has never had such an entitlement—for a Subdivision for which any of the person’s next of kin is enrolled; or
(c) if neither paragraph (a) nor (b) applies—for the Subdivision in which the person was born; or
(d) if none of paragraphs (a), (b) and (c) applies—for the Subdivision with which the person has the closest connection.
Annotating the Roll
(6) The Electoral Commissioner must annotate the Roll for the Subdivision for which a person is enrolled so as to indicate that the person is an Antarctic elector if:
(a) the person gives a notice under subsection (3); or
(b) the Electoral Commissioner adds the person’s name to the Roll in accordance with subsection (5); or
(c) the Electoral Commissioner is otherwise satisfied that the person is an Antarctic elector.
(7) The Electoral Commissioner must delete the annotation immediately after the Commissioner becomes aware that the elector has ceased to be an Antarctic elector.
97 Application of Part to Australian Capital Territory and Northern Territory
This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.
Part VIII—Enrolment
98AA Evidence of identity requirements
(1) This section applies to:
(a) an application or claim that a person makes under section 94A, 95 or 99A; or
(b) an application or claim that a person makes under section 96 or 98, if:
(i) the person is not already enrolled; or
(ii) the person is already enrolled, but the person’s name is no longer the same as the name under which he or she is enrolled.
(2) The person’s claim or application must include or be accompanied by any of the following:
(a) if the person holds a driver’s licence issued under the law of a State or Territory, or a law in force in Norfolk Island—the number of that driver’s licence;
(b) if the person holds an Australian passport—the number of that Australian passport;
(c) an attestation as to the person’s identity that is:
(i) in the approved form; and
(ii) signed by another person who is enrolled;
(d) any other evidence of the person’s identity that is of a kind prescribed by the regulations for the purpose of this paragraph.
98 Addition of names to Rolls
(1) Names may be added to Rolls pursuant to claims for enrolment or transfer of enrolment or claims for age 16 enrolment.
Note: Names may also be added to Rolls in some circumstances without making a claim or giving notice (see sections 103A and 103B).
(2) A claim:
(a) must be in an approved form; and
(b) subject to subsection (3), must be signed by the claimant; and
(c) must comply with section 98AA (evidence of identity requirements), if that section applies to the claim.
(3) Where a person wishes to make a claim for enrolment, for transfer of enrolment or for age 16 enrolment and a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim, another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first‑mentioned person.
(4) A claim shall be completed in accordance with the directions contained in a form approved for the purposes of subsection (2).
(5) A certificate referred to in subsection (3) shall be lodged with the claim to which it relates.
98A Refusal to include in the Roll inappropriate names
(1) This section applies to the inclusion in a Roll, or transfer to a Roll, of a person’s name under a provision of this Part.
(2) The Electoral Commissioner may refuse to include in a Roll, or transfer to a Roll, a person’s name if the Electoral Commissioner considers that the name:
(a) is fictitious, frivolous, offensive or obscene; or
(b) is not the name by which the person is usually known; or
(c) is not written in the alphabet used for the English language.
(3) The Electoral Commissioner may refuse to include in a Roll, or transfer to a Roll, a person’s name if including the name in the Roll, or transferring it to the Roll, would be contrary to the public interest.
(4) If the Electoral Commissioner decides under this section to refuse to include a person’s name in a Roll, the Electoral Commissioner must notify the person in writing of that decision.
99 Claims for enrolment or transfer of enrolment
(1) Any person qualified for enrolment, who lives at an address in a Subdivision, and has lived at that address for a period of one month last past, shall be entitled, in respect of residence at that address, to have his or her name placed on the Roll for that Subdivision.
(2) Any elector whose name is on the Roll for any Subdivision and who lives at an address in any other Subdivision, and has lived at that address for a period of one month last past, shall be entitled, in respect of residence at that address, to have his or her name transferred to the Roll for the Subdivision in which he or she lives.
(3) Subject to sections 94, 94A, 95, 96, 96A and 96B, a person is not entitled to have his or her name placed on the Roll:
(a) for more than one Subdivision;
(b) for a Subdivision other than the Subdivision in which the person lives; or
(c) in respect of an address other than the address at which the person is living when the claim is lodged.
(4) In spite of any other provision of this Act:
(a) a Senator is entitled to have his or her name placed on the Roll for any Subdivision of any Division in the State or Territory the Senator represents instead of the Subdivision in which the Senator lives;
(b) a member of the House of Representatives is entitled to have his or her name placed on the Roll for any Subdivision of the Division the member represents instead of the Subdivision in which the member lives; and
(c) a Senator or member whose name is enrolled under this subsection may vote as an elector of the Subdivision for which he or she is so enrolled.
(5) The validity of any enrolment shall not in any case be questioned on the ground that the person enrolled has not in fact lived at the relevant address in the Subdivision for a period of one month.
99A Provisional claim for enrolment by applicant for citizenship
(1) A person who:
(a) makes an application to become an Australian citizen under section 21 of the Australian Citizenship Act 2007; and
(b) would, if he or she were an Australian citizen, be entitled, in respect of residence at an address, to enrolment for a subdivision;
may make a provisional claim for enrolment for that subdivision.
(2) If a person who has made a provisional claim for enrolment for a subdivision, either under subsection (1) or under this subsection:
(a) is living at an address in another subdivision; and
(b) has lived at that address for the period of one month last past;
the person may make a provisional claim for enrolment for that other subdivision.
(3) If a person makes a provisional claim for enrolment under subsection (2), any previous provisional claim for enrolment by that person has no effect.
(4) A claim:
(a) must be in the approved form; and
(b) subject to subsection (5), must be signed by the claimant; and
(c) must be lodged:
(i) if the claim is made under subsection (1)—together with the claimant’s application to become an Australian citizen; or
(ii) if the claim is made under subsection (2)—with the Electoral Commissioner; and
(d) must comply with section 98AA (evidence of identity requirements).
(5) If:
(a) a person wishes to make a provisional claim for enrolment; and
(b) a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim;
another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first‑mentioned person.
(6) The Secretary of the Immigration Department must:
(a) send to the Electoral Commissioner, as soon as practicable, any provisional claim for enrolment lodged by a person under subparagraph (4)(c)(i); and
(b) if the person becomes an Australian citizen as a result of the person’s application to become an Australian citizen—inform the Electoral Commissioner, as soon as practicable, that the person has become an Australian citizen.
(7) If a person who has made a provisional claim for enrolment for a subdivision becomes an Australian citizen, the provisional claim is taken to be a claim for enrolment for the subdivision, made by the person on the day on which the person becomes an Australian citizen.
(8) If a person who has made a provisional claim for enrolment is refused approval to become an Australian citizen, the provisional claim has no effect.
99B Provisional enrolment by applicant for citizenship
Application by those about to become Australian citizens
(1) A person may apply to the Electoral Commissioner for provisional enrolment for a Subdivision if, at the time of making the application:
(a) either:
(i) a public announcement has been made of the proposed date for polling for an election for the Subdivision; or
(ii) a writ for an election for the Subdivision has been issued; and
(b) the person has been notified by the Immigration Department that the person will become an Australian citizen under the Australian Citizenship Act 2007 between:
(i) the date of the writ; and
(ii) the polling day for the election; and
(c) the person is not enrolled; and
(d) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.
Note: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal vote, a pre‑poll declaration vote, an absent vote or a provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the polling day (see paragraph 6 of Schedule 3).
Requirements for application
(2) An application must:
(a) be in the approved form; and
(b) be signed by the person (but see subsection (3)); and
(c) be made between the following times:
(i) the earlier of the public announcement of the proposed date for polling for the election and the date of the writ;
(ii) 8 pm on the day of the close of the Rolls for the election; and
(d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.
(3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:
(a) the applicant wishes to make the application; and
(b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.
(4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:
(a) all of the following apply:
(i) the original notification is shown to an officer;
(ii) the officer attests that he or she has sighted the notification;
(iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or
(b) all of the following apply:
(i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;
(ii) the elector attests that he or she has sighted the notification;
(iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.
Electoral Commissioner to keep records
(5) If a person makes an application in accordance with this section, then:
(a) the person is provisionally enrolled under this section for the Subdivision to which the application relates; and
(b) the Electoral Commissioner must keep a record of the details of the application.
Confirmation of citizenship
(6) If, by the first Friday following the polling day for the election, the person provides an officer with evidence that the person has become an Australian citizen, then:
(a) the provisional enrolment ceases; and
(b) the application is taken to be a claim for enrolment for the Subdivision to which the application relates; and
(c) sections 102, 103 and 104 apply to the application as if it were a claim made under section 101.
(7) Otherwise, the Electoral Commissioner must notify the person, in writing, that the person’s provisional enrolment has ceased.
100 Claims for age 16 enrolment
(1) A person who:
(a) has turned 16, but is under 18, years of age; and
(b) would be entitled, in respect of residence at an address, to be enrolled for a Subdivision if he or she were 18 years of age;
may send or deliver a claim to have his or her name placed on the Roll for that Subdivision to the Electoral Commissioner.
(2) A claim made under subsection (1) shall be treated as a claim for enrolment for the Subdivision to which the claim relates and the provisions of sections 102, 103 and 104 apply in relation to the claim as if the person making the claim were 18 years of age and the claim were made pursuant to section 101.
(3) For the purposes of sections 389 and 390, a claim made under subsection (1) shall be taken to be a claim for enrolment.
101 Compulsory enrolment and transfer
(1) Every person who is entitled to be enrolled for any Subdivision, otherwise than by virtue of section 94, 94A, 95, 96 or 100, whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll, shall forthwith fill in and sign a claim and send or deliver the claim to the Electoral Commissioner.
(4) 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, commits an offence unless he or she proves that the non‑enrolment is not in consequence of his or her failure to send or deliver to the Electoral Commissioner, a claim, duly filled in and signed in accordance with the directions printed thereon.
Note: A defendant bears a legal burden in relation to the defence in subsection (4) (see section 13.4 of the Criminal Code).
(5) If a person enrolled for a Subdivision (including a person whose address, in accordance with a request made under section 104, is not entered on a Roll):
(a) has changed his or her place of living from one address in that Subdivision to another address in the same Subdivision; and
(b) has lived at the new address for a period of one month;
the person must, within 21 days after the end of the period referred to in paragraph (b), give written notice of the new address to the Electoral Commissioner.
(6) A person who fails to comply with subsection (1), (4) or (5) commits an offence punishable on conviction by a fine not exceeding 1 penalty unit.
(6AA) An offence against subsection (6) relating to a failure to comply with subsection (1) or (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6AB) An offence against subsection (6) relating to a failure to comply with subsection (4) is an offence of absolute liability.
Note: For absolute liability, see section 6.2 of the Criminal Code.
(6A) Subsection (6) does not apply to a person who fails to comply with subsection (5) if the person has not reached the age of 18 years.
Note: A defendant bears an evidential burden in relation to the defence in subsection (6A) (see subsection 13.3(3) of the Criminal Code).
(7) Where a person sends or delivers a claim for enrolment, or for transfer of enrolment, to the Electoral Commissioner, proceedings shall not be instituted against that person for any offence against subsection (1) or (4) committed before the claim was so sent or delivered.
(8) If the Electoral Commissioner enters a person’s name or address in a Roll under section 103A or 103B, proceedings must not be instituted against the person for an offence against subsection (1), (4), (5) or (6) of this section constituted by an omission occurring before that entry.
102 Action on receipt of claim
(1) Subject to subsection (4), if, pursuant to section 101, the Electoral Commissioner receives a claim for enrolment, or transfer of enrolment, the Electoral Commissioner must:
(a) note on the claim the date of its receipt; and
(b) if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision, without delay:
(i) enter on the Roll for the Subdivision the name of the claimant and the other particulars required by section 83; and
(ii) notify the claimant in writing that he or she has been enrolled for that Subdivision; and
(iii) in the case of a claim for transfer of an enrolment from the Roll for another Subdivision—delete the name of the claimant from the Roll for that other Subdivision; and
(c) if the claim is in order but the Electoral Commissioner is satisfied that the claimant is already properly enrolled in respect of residence at the address in the Subdivision for which he or she is entitled to be enrolled—notify the claimant, in writing, that he or she has been enrolled for that Subdivision; and
(d) if the claim is not in order or the Electoral Commissioner is not satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision—notify the claimant in writing that the claim has been rejected.
(2) Before dealing with a claim under paragraph (1)(b), (c) or (d), the Electoral Commissioner may make any inquiries that he or she thinks necessary.
(3) Notice of a decision given to a claimant by the Electoral Commissioner under paragraph (1)(d) must include:
(a) a statement of the reasons for the decision; and
(b) a statement setting out the rights of the claimant to have the decision reviewed under Part X.
(4) Subject to subsection (5), if:
(a) a claim under section 101 is received by the Electoral Commissioner during the period (the suspension period):
(i) starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(ii) ending on the close of the poll for the election; and
(b) the claim relates to a Subdivision of that Division;
the claim must not be considered until after the end of the suspension period.
(5) If:
(a) a claim under section 101 is received by the Electoral Commissioner during the suspension period; and
(b) the Australian Postal Corporation has notified the Electoral Commission in writing that:
(i) the delivery of mail identified in the notification was delayed by an industrial dispute affecting a specified post office or mail exchange; and
(ii) but for the industrial dispute, that mail would, in the ordinary course of post, have been delivered before the start of the suspension period; and
(c) the claim is included in the mail identified in the notification;
then, despite subsection (4):
(d) the claim must be regarded as having been received before the start of the suspension period; and
(e) if the claimant’s name is entered on the Roll in accordance with the claim, the enrolment must, in relation to any vote recorded by the claimant in an election, be regarded as having been effected before the start of the suspension period.
(6) A name may, at any time, be removed from a Roll pursuant to a notice of transfer of enrolment.
103 Penalty on officer neglecting to enrol claimants
(1) Any officer who receives a claim for enrolment or transfer of enrolment and who fails to do everything necessary on his or her part to be done to secure the enrolment of the claimant in pursuance of the claim commits an offence.
Penalty: 10 penalty units.
(2) Subsection (1) does not apply if the officer has a just excuse for the failure.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
103A Updating or transferring a person’s enrolment without claim or notice from the person
Application
(1) This section applies if the Electoral Commissioner:
(a) is satisfied that a person’s address is entered on a Roll (the old Roll); and
(b) is satisfied, for reasons other than a claim under section 98 and a notice under subsection 101(5), that the person lives at another address (the new address).
Notice of proposed action to update or transfer enrolment
(2) The Electoral Commissioner may give the person a notice in writing setting out the date of the notice, the new address and the fact that the Electoral Commissioner is satisfied that the person lives at the new address and stating:
(a) if the person’s residence at the new address entitles the person to have his or her name placed on the old Roll—that the Electoral Commissioner proposes to enter the new address for the person on the old Roll; and
(b) if the person’s residence at the new address entitles the person to have his or her name transferred to another Roll (the new Roll)—that the Electoral Commissioner proposes:
(i) to delete the person’s name from the old Roll; and
(ii) to enter on the new Roll the person’s name and other particulars required by section 83; and
(c) in any case—that the Electoral Commissioner will not take the proposed action if satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person does not live at the new address.
Taking action to update or transfer enrolment
(3) The Electoral Commissioner may take the proposed action described in paragraph (2)(a) or (b) unless satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person does not live at the new address.
(4) The Electoral Commissioner may take the action before the end of the 28 days if the person indicates to the Electoral Commissioner within that period that the person does live at the new address.
(5) Despite subsections (3) and (4), the Electoral Commissioner must not take the proposed action described in paragraph (2)(b) within a period:
(a) starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division to which the new Roll relates; and
(b) ending on the close of the poll for the election.
Notice of decision or decision not to take action
(6) If the Electoral Commissioner takes the proposed action described in paragraph (2)(a) or (b) or decides not to take that action, the Electoral Commissioner must give the person notice in writing of the action or the decision.
(7) If:
(a) under subsection (6) the Electoral Commissioner gives the person notice in writing of the action; and
(b) the Electoral Commissioner has received a claim for transfer of the person’s enrolment to the new address;
the Electoral Commissioner need not give the person notice under subparagraph 102(1)(b)(ii).
Electronic notification
(8) A notice may be given under this section by an electronic communication as defined in the Electronic Transactions Act 1999, whether or not the person consents as described in paragraph 9(2)(d) of that Act. This does not limit the ways in which the notice may be given.
103B Enrolling unenrolled person without claim or notice from the person
Application
(1) This section applies if the Electoral Commissioner is satisfied that a person:
(a) is entitled to enrolment; and
(b) has lived at an address (the proposed enrolment address) in a Subdivision (the relevant Subdivision) for at least one month; and
(c) the person is not enrolled.
Notice of proposed action to enrol a person
(2) The Electoral Commissioner may give the person a notice in writing setting out the date of the notice, the proposed enrolment address and the fact that the Electoral Commissioner is satisfied that the person lives at that address and stating:
(a) that the Electoral Commissioner proposes to enter the person’s name and other particulars required by section 83 on the Roll for the relevant Subdivision (the proposed action); and
(b) that the Electoral Commissioner will not take the proposed action if satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person:
(i) does not live at the proposed enrolment address; or
(ii) is not entitled to enrolment.
Taking action to enrol a person
(3) The Electoral Commissioner may take the proposed action unless satisfied by information given by the person to the Electoral Commissioner within 28 days after the notice that the person:
(a) does not live at the proposed enrolment address; or
(b) is not entitled to enrolment.
(4) The Electoral Commissioner may take the proposed action before the end of the 28 days if the person indicates to the Electoral Commissioner within that period that the person:
(a) does live at the proposed enrolment address; and
(b) is entitled to enrolment.
(5) Despite subsections (3) and (4), the Electoral Commissioner must not take the proposed action within a period:
(a) starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division to which the Roll for the relevant Subdivision relates; and
(b) ending on the close of the poll for the election.
Notice that action has or has not been taken
(6) If the Electoral Commissioner takes the proposed action, or decides not to take that action, the Electoral Commissioner must give the person notice in writing of:
(a) the action or the decision; and
(b) the person’s full name and address as entered on the Roll for the person (if applicable).
(7) If:
(a) under subsection (6) the Electoral Commissioner gives the person notice in writing of the action; and
(b) the Electoral Commissioner has received a claim for enrolment in respect of the relevant address;
the Electoral Commissioner need not give the person notice under subparagraph 102(1)(b)(ii).
Electronic notification
(8) A notice may be given under this section by an electronic communication as defined in the Electronic Transactions Act 1999, whether or not the person consents as described in paragraph 9(2)(d) of that Act. This does not limit the ways the notice may be given.
104 Request for address not to be shown on Roll
(1) Where a person considers that having his or her address shown on the Roll for a Subdivision would place the personal safety of the person or of members of the person’s family at risk, he or she may lodge with the claim for enrolment (including a provisional claim for enrolment) a request, in the approved form, that his or her address not be entered on the Roll for the Subdivision for which enrolment is claimed.
(2) Where:
(a) the address of a person is included in the particulars relating to the person that are entered on the Roll for a Subdivision; and
(b) the person considers that having his or her address so shown places the personal safety of the person or of members of his or her family at risk;
the person may lodge with the Electoral Commissioner a request, in the approved form, that his or her address be deleted from the particulars that are entered on that Roll.
(3) A request under subsection (1) or (2) shall give particulars of the relevant risk and shall be verified by statutory declaration by the person making the request or some other person.
(4) Where:
(a) a request has been made under subsection (1) or (2); and
(b) the Electoral Commissioner is satisfied that having the address of the person making the request shown on the Roll for the Subdivision would place or places the personal safety of the person or members of the person’s family at risk;
the Electoral Commissioner:
(c) in a case where the request was lodged under subsection (1)—shall not include the address of the person in the particulars relating to the person that are entered on the Roll for the Subdivision; and
(d) in a case where the request is lodged under subsection (2)—shall delete the address of the person from the particulars relating to the person that are entered on the Roll for the Subdivision.
(4A) If:
(a) the address of an elector is not shown on the Roll for a Subdivision because of this section; and
(b) the elector’s name is transferred to a Roll for another Subdivision;
the Electoral Commissioner must not enter the elector’s address on the Roll for the other Subdivision.
(5) Where the Electoral Commissioner grants or refuses a request made by a person under subsection (1) or (2), the Electoral Commissioner shall notify the person in writing of the decision.
(6) Notwithstanding anything contained in section 107, where an address is deleted from a Roll in pursuance of subsection (4), the address so deleted shall be obliterated.
(7) The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors whose addresses are not shown on the Roll by virtue of this section.
(8) If, after such a review, the Electoral Commissioner is not satisfied that the personal safety of a elector whose address is not shown on the Roll, or of the elector’s family, would be at risk if the elector’s address were shown on the Roll, the Electoral Commissioner must notify the elector in writing that the Electoral Commissioner has decided that the elector’s address should be entered on the Roll.
(9) If:
(a) the decision that the elector’s address should be entered on the Roll has not been set aside under subsection 120(5), or by the Administrative Appeals Tribunal or a court; and
(b) it is no longer possible for the decision to be so set aside;
the Electoral Commissioner must enter the elector’s address on the Roll.
(10) For the purposes of this Act, if the address of a person is not shown on the Roll for a Subdivision because of a request made by the person under subsection (1) or (2), the name of the person is taken to have been placed on the Roll:
(a) if the person has not given notice of a change of address under subsection 101(5)—in respect of the address that would have been shown on the Roll had the request not been made; or
(b) if the person gives notice of a change of address under subsection 101(5)—in respect of the new address.
(11) For the purposes of this section, the members of a person’s family are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) a child of the person, or someone of whom the person is a child, because of the definition of child in section 4;
(c) anyone else who would be a member of the person’s family because a person mentioned in paragraph (a) or (b) is taken to be a member of the family.
105 Alteration of Rolls
(1) In addition to other powers of alteration conferred by this Act, the Electoral Commissioner may alter any Roll by:
(a) correcting any mistake or omission in the particulars of the enrolment of an elector;
(c) removing the name of any deceased elector;
(d) striking out the superfluous entry where the name of the same elector appears more than once on the same Subdivision Roll;
(e) reinstating any name removed by mistake as the name of a deceased elector;
(f) where the Electoral Commissioner is satisfied that an objection against the enrolment of an elector whose name has been deleted from the Roll as a result of the objection was based on a mistake of fact and that the person objected to still retains and has continuously retained his or her right to the enrolment in respect of which the objection was made—reinstating on the Roll the name of the elector;
(g) reinstating any other name removed by mistake; and
(h) where the name of a street or any other part of an address that appears on the Roll is changed—substituting the new name or other part of the address for the name or other part of the address so appearing.
(1A) If the address of an elector is altered under paragraph (1)(h), then, after the alteration, this Act has effect as if the elector’s name had been placed on the Roll in respect of the address as altered.
(2) If:
(a) the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision (other than the Subdivision in which the elector was living at the date of the claim); and
(b) the elector was entitled on that date to be enrolled for the Subdivision in which he or she was living;
the Electoral Commissioner may remove the name of the elector from the Roll on which the elector is enrolled and place the name of the elector on the Roll for the Subdivision in which the elector is living and notify the elector of the change of enrolment.
(3) An alteration to a Roll in pursuance of subsection (1) or (2) may be made at any time.
(4) The Electoral Commissioner may enter the name of an elector who is not enrolled, and who has made a declaration vote, on the Roll for the Subdivision in which the elector was living at the time of voting if:
(a) at a preliminary scrutiny of declaration votes conducted in accordance with Schedule 3:
(i) the envelope containing the elector’s ballot paper meets the requirements of paragraph 6 of that Schedule (about ballot papers being properly issued); and
(ii) paragraph 12 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope; or
(b) at a preliminary scrutiny of declaration votes conducted in accordance with Schedule 4 to the Referendum (Machinery Provisions) Act 1984:
(i) the envelope containing the elector’s ballot paper meets the requirements of paragraph 6 of that Schedule (about ballot papers being properly issued); and
(ii) paragraph 11 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope.
106 Incorrect enrolment
Where a person, whose name has been placed on the Roll for a Division, is not entitled to enrol for that Division and that person secured enrolment pursuant to a claim in which the person made a false statement, the Electoral Commissioner, upon receipt of a certificate from the Australian Electoral Officer setting forth the facts, may, at any time between the date of the issue of the writ for an election for that Division, and before the close of the polling at that election, remove the name of that person from that Roll.
107 Alterations to be initialled
Every alteration of a Roll shall be made in such a manner that the original entry shall not be obliterated, and the reason for each alteration and the date thereof shall be set against the alteration, together with the initials of the person who makes the alteration.
108 Lists of deaths to be forwarded
The Registrar‑General of a State must as soon as practicable after the beginning of each month or at such other times as are arranged with the Electoral Commissioner:
(a) forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) a list of the names, addresses, occupations, ages, sexes and dates of death of all persons of the age of 16 years or upwards whose deaths have been registered during the preceding month for the State; and
(b) forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) any information that the Registrar‑General is required to forward under an agreement entered into for the purposes of this Act between the Electoral Commission and a Minister of the State or the Registrar‑General.
Note: For the application of this section to the Australian Capital Territory, the Northern Territory and the non‑self‑governing Territories, see section 112.
109 Lists of persons serving, or ceasing to serve, sentences of imprisonment to be forwarded
(1) The Controller‑General of Prisons of a State must, as soon as practicable after the beginning of each month, forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) a list of:
(a) the names, addresses, occupations and sexes of all persons who began serving a sentence of imprisonment of 3 years or longer in the State; and
(b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment of 3 years or longer in the State;
during the preceding month.
(2) Within 4 days of the day of the close of the Rolls for an election for a Division in a State, the Controller‑General of Prisons of the State must forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) a list of:
(a) the names, addresses, occupations and sexes of all persons who began serving a sentence of imprisonment of 3 years or longer in the State; and
(b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment of 3 years or longer in the State;
between the time the last list was forwarded by the Controller‑General under subsection (1) and the day of the close of the Rolls.
Note 1: For the definition of sentence of imprisonment, see subsection 4(1A).
Note 2: For the application of this section to the Australian Capital Territory, the Northern Territory and the non‑self‑governing Territories, see section 112.
110 Electoral Commissioner to act on receipt of information
(1) The Electoral Commissioner shall, upon receipt (whether by the Commissioner or by an officer nominated by the Commissioner) of information pursuant to sections 108 and 109, take action under this Act to effect such alterations of the Rolls as are necessary.
(2) The Electoral Commissioner shall not take action under subsection (1) to remove the name of an elector, other than a deceased elector, from the Roll otherwise than by way of an objection under Part IX.
111 Computer records relating to Roll
(1) Where, but for this subsection, the Electoral Commissioner is required or permitted under this Act or the regulations to record particulars (including make an annotation) in a written form on a Roll, the Electoral Commissioner may do so by recording or storing those particulars, or causing those particulars to be recorded or stored, on a mechanical, electrical or other device approved by the Commission.
(2) Where the Electoral Commissioner is required or permitted under this Act or the regulations to vary or remove particulars which, but for this section, would be on a Roll but which have been recorded or stored in accordance with this section, the Electoral Commissioner shall do so by varying or removing the particulars so recorded or stored, or causing the particulars so recorded or stored to be varied or removed, as the case may be.
(4) Where the Electoral Commissioner is required under this Act or the regulations to enter particulars on, vary particulars on, or remove particulars from, a Roll and the Electoral Commissioner complies with the requirement by taking action in accordance with this section, the Electoral Commissioner shall, for the purposes of this Act, including any provisions imposing obligations on the Electoral Commissioner, be taken to have entered those particulars on the Roll, varied those particulars or removed those particulars, as the case may be.
(5) Section 107 does not apply to alterations of a Roll made in pursuance of this section.
112 Application of Part to Australian Capital Territory and Northern Territory
(1) This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.
Application of sections 108 and 109 to the Australian Capital Territory
(2) For the purposes of the application of sections 108 and 109 in relation to the Australian Capital Territory:
(a) the Australian Capital Territory does not include Norfolk Island or the Jervis Bay Territory; and
(b) subject to subsections (3) and (5), those sections apply in relation to Norfolk Island as if references in those sections to a State were references to Norfolk Island; and
(c) subject to subsections (4) and (5), those sections apply in relation to the Jervis Bay Territory as if references in those sections to a State were references to the Jervis Bay Territory.
(3) For the purposes of the application of section 108 in relation to Norfolk Island, the reference in paragraph 108(b) to a Minister of the State is taken to be a reference to the responsible Commonwealth Minister (within the meaning of the Norfolk Island Act 1979).
(4) For the purposes of the application of section 108 in relation to the Jervis Bay Territory, the reference in paragraph 108(b) to a Minister of the State is taken to be a reference to the Minister administering the Jervis Bay Territory Acceptance Act 1915.
(5) For the purposes of the application of subsection 109(2) in relation to Norfolk Island or the Jervis Bay Territory, the reference in that subsection to an election for a Division in a State is taken to be a reference to an election for a Division in the Australian Capital Territory.
Application of sections 108 and 109 to the Northern Territory
(6) For the purposes of the application of sections 108 and 109 in relation to the Northern Territory:
(a) the Northern Territory does not include the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and
(b) subject to subsections (7) and (9), those sections apply in relation to the Territory of Christmas Island as if references in those sections to a State were references to the Territory of Christmas Island; and
(c) subject to subsections (8) and (9), those sections apply in relation to the Territory of Cocos (Keeling) Islands as if references in those sections to a State were references to the Territory of Cocos (Keeling) Islands.
(7) For the purposes of the application of section 108 in relation to the Territory of Christmas Island, the reference in paragraph 108(b) to a Minister of the State is taken to be a reference to the Minister administering the Christmas Island Act 1958.
(8) For the purposes of the application of section 108 in relation to the Territory of Cocos (Keeling) Islands, the reference in paragraph 108(b) to a Minister of the State is taken to be a reference to the Minister administering the Cocos (Keeling) Islands Act 1955.
(9) For the purposes of the application of subsection 109(2) in relation to the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, the reference in that subsection to an election for a Division in a State is taken to be a reference to an election for a Division in the Northern Territory.
Part IX—Objections
113 Interpretation
In this Part:
challenged elector means the person to whose enrolment an objection relates.
challenged enrolment means the enrolment to which an objection relates.
official objection means an objection by the Electoral Commissioner under subsection 114(2) or (4).
private objection means an objection under subsection 114(1), (1A) or (1B).
relevant Subdivision means the Subdivision for which the challenged elector is enrolled.
114 Objection to enrolment
(1) A person enrolled for a Subdivision may object to the enrolment of another person for that Subdivision on the ground, other than the ground specified in paragraph 93(8)(a), that the other person is not entitled to be enrolled for that Subdivision.
(1A) An elector may object to the enrolment of another person on the ground specified in paragraph 93(8)(a), whether or not the elector is enrolled in the same Subdivision as the other person.
(1B) A person enrolled for a Subdivision may object to the enrolment of another person for that Subdivision on the ground that:
(a) the other person’s name has been placed on the Roll for that Subdivision in respect of a particular address; and
(b) at the date of the objection, the other person does not live at that address, and has not lived at that address for a period of at least one month; and
(c) the other person is not:
(i) an Antarctic elector; or
(ii) entitled to remain enrolled under section 96A (enrolment of prisoners).
(1C) A person must not object under subsection (1) to the enrolment of another person if the person could object under subsection (1B) to the enrolment of the other person.
(2) The Electoral Commissioner shall object to the enrolment of a person for a Subdivision of a Division if there are reasonable grounds for believing that the person is not entitled to be enrolled for that Subdivision.
(3) The Electoral Commissioner shall not object on the ground set out in paragraph 93(8)(a).
(4) The Electoral Commissioner must object to the enrolment of a person for a Subdivision of a Division if:
(a) the person’s name has been placed on the Roll for that Subdivision in respect of a particular address; and
(b) at the date of the objection, there are reasonable grounds for believing that the person does not live at that address, and has not lived at that address for a period of at least one month; and
(c) the person is not:
(i) an Antarctic elector; or
(ii) entitled to remain enrolled under section 96A (enrolment of prisoners).
(5) The Electoral Commissioner must not object under subsection (2) to the enrolment of a person if the Electoral Commissioner could object under subsection (4) to the enrolment of the person.
(6) The Electoral Commissioner must not object under subsection (2) or (4) of this section to the enrolment of a person if the Electoral Commissioner has given the person a notice under subsection 103A(2) after becoming aware of the grounds mentioned in subsection (2) or (4) of this section.
115 Form and manner of objection
(1) An objection shall be in writing in the approved form.
(2) A private objection must be lodged, in the manner approved under subsection (3), with the Electoral Commissioner together, in the case of an objection under subsection 114(1) or (1B), with an amount of $2.
(3) For the purposes of subsection (2), and without limiting the definition of approved form in subsection 4(1), the Electoral Commissioner may approve, in writing, a manner for lodging a private objection.
116 Notice of objection
(1) The Electoral Commissioner shall give notice of an objection to the challenged elector.
(2) A notice under subsection (1):
(a) shall be in the approved form;
(b) shall:
(i) in the case of a private objection—set out the name and address of the objector;
(ii) in the case of an official objection—set out the official title of the objector;
(iii) set out the ground or grounds of the objection; and
(iv) advise the elector of what he or she must do if he or she wishes to answer the objection; and
(c) may be given to the challenged elector by posting it to that elector at:
(i) a place notified by that elector to the Electoral Commissioner as the place to which notices under this Act may be sent;
(ii) if there is no such place, the place at which the Electoral Commissioner believes the elector to be living; or
(iii) if neither of subparagraphs (i) and (ii) applies, the place shown on the Roll as the elector’s place of residence.
(3) If the Electoral Commissioner is satisfied that an objection is frivolous or vexatious, the Electoral Commissioner may dismiss the objection without giving notice to the challenged elector.
(4) If:
(a) an objection is made on the ground specified in paragraph 93(8)(a); and
(b) the objection is not supported by a certificate of a medical practitioner;
the Electoral Commissioner shall dismiss the objection without giving notice to the challenged elector.
(5) The Electoral Commissioner must dismiss an objection under subsection 114(1) or (1B) without giving notice to the challenged elector, and repay the objector the amount of $2 lodged with the objection, if:
(a) the Electoral Commissioner gave the challenged elector a notice under subsection 103A(2) before the objection was made; and
(b) the Electoral Commissioner is satisfied that the objection does not provide any information inconsistent with the information the Electoral Commissioner considered in deciding to give the notice.
(6) The Electoral Commissioner must dismiss an objection, except one under subsection 114(1A), without giving notice to the challenged elector if the Electoral Commissioner gives the challenged elector a notice under subsection 103A(2) after the objection was made but before giving notice of the objection.
118 Determination of objection
(1) The Electoral Commissioner shall determine an objection as soon as practicable after:
(a) the receipt by the Electoral Commissioner of the answer of the challenged elector; or
(b) the end of 20 days after the giving of the notice of the objection;
whichever is the earlier.
(1A) However, the Electoral Commissioner must not determine an objection other than one under subsection 114(1A) if, after giving notice of the objection, the Electoral Commissioner gives the challenged elector a notice under subsection 103A(2).
(2) Before determining an objection, the Electoral Commissioner may make any inquiries the Electoral Commissioner considers necessary to ascertain the facts in relation to the objection.
(3) In the case of an objection under subsection 114(1), (1A) or (2), if it appears to the Electoral Commissioner that the challenged elector is not entitled to be enrolled for the relevant Subdivision, the Electoral Commissioner shall remove the elector’s name from the Roll for that Subdivision.
(4) The Electoral Commissioner shall not remove an elector’s name from the Roll on the ground specified in paragraph 93(8)(a) unless the objection is accompanied by a certificate of a medical practitioner stating that, in the opinion of the medical practitioner, the elector, because of unsoundness of mind, is incapable of understanding the nature and significance of enrolment and voting.
(4A) In the case of an objection under subsection 114(1B) or (4), if it appears to the Electoral Commissioner that:
(a) the challenged elector’s name has been placed on the Roll for the relevant Subdivision in respect of a particular address; and
(b) at the date of the objection, the challenged elector did not live at that address, and had not lived at that address for a period of at least one month; and
(c) the challenged elector is not:
(i) an Antarctic elector; or
(ii) entitled to remain enrolled under section 96A (enrolment of prisoners);
the Electoral Commissioner must remove the elector’s name from the Roll for that Subdivision.
(5) During the period:
(a) starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division; and
(b) ending on the close of the poll for the election;
the Electoral Commissioner must not remove an elector’s name from the Roll for a Subdivision of that Division under subsection (3) or (4A).
(6) The Electoral Commissioner shall give to the objector and to the challenged elector written notice in the approved form of the decision of the Electoral Commissioner on an objection.
(7) Notice under subsection (6) may be given to the challenged elector by posting it to the elector at the address to which notice of the objection was posted.
(8) Where, as a result of a private objection under subsection 114(1) or (1B), an elector’s name is removed from the Roll, the amount of $2 lodged with the objection shall be repaid to the objector.
If objection is not determined because of notice under subsection 103A(2)
(9) If the Electoral Commissioner does not determine an objection because, after giving notice of the objection, the Electoral Commissioner gives the challenged elector a notice under subsection 103A(2), the Electoral Commissioner:
(a) must, if the objection is a private objection:
(i) give the objector written notice in the approved form that the Electoral Commissioner will not determine the objection; and
(ii) repay the objector the amount of $2 lodged with the objection; and
(b) must give the challenged elector notice that the Electoral Commissioner will not determine the objection; and
(c) may give the notice to the challenged elector in the same way as the Electoral Commissioner gives the notice under subsection 103A(2).
Part X—Review of decisions
120 Internal review
(1A) This section only applies in relation to decisions made by a delegate of the Electoral Commissioner who is not:
(a) the Deputy Electoral Commissioner; or
(b) an Australian Electoral Officer.
(1) A person notified of a reviewable decision made in relation to the person may apply, in writing, to the Electoral Commissioner for a review of the decision.
(2) For the purposes of this section, a decision by the Electoral Commissioner mentioned in an item in the following table is a reviewable decision in relation to the person mentioned in that item:
| Reviewable decisions |
| Item | Reviewable decision |
| 1 | A decision under section 93A to refuse to include a person’s name in a Roll. |
| 1A | A decision under section 94A to refuse an application under subsection 94A(1) by a person for enrolment for a Subdivision from outside Australia. |
| 2 | A decision under section 95 to refuse an application under subsection 95(1) by a person to have his or her name placed on a Roll and be treated as an eligible overseas elector. |
| 2A | A decision under section 96 to refuse an application under subsection 96(1) by a person for enrolment as an itinerant elector. |
| 3 | A decision under section 98A to refuse to include in a Roll, or transfer to a Roll, a person’s name. |
| 4 | A decision under subsection 102(1) to reject a person’s claim for enrolment, for transfer of enrolment, or for age 16 enrolment. |
| 5 | A decision under subsection 103A(3) or (4) to take action to update or transfer a person’s enrolment. |
| 6 | A decision under subsection 103B(3) or (4) to take action to enrol a person. |
| 7 | A decision under subsection 104(4) to refuse a request under subsection 104(1) or (2) that a person’s address not be entered on a Roll or that it be deleted from a Roll. |
| 8 | A decision under subsection 104(8) that a person’s address should be entered on the Roll. |
| 9 | A decision under section 105 to alter an entry on the Roll for a person (including a decision to add or remove a person’s name from a Roll). |
| 10 | A decision under section 116 or 118 to dismiss an objection made by a person or, because of subsection 118(1A), not to determine an objection made by a person. |
| 11 | A decision under section 118, on an objection, to remove a person’s name from the Roll. |
| 12 | A decision under section 185 to refuse to register a person as a general postal voter. |
| 13 | A decision under subsection 185C(1) to cancel a person’s registration as a general postal voter. |
| 14 | A decision under section 287S or 302H (anti‑avoidance) to give a notice to a person or entity. |
(3) An application under subsection (1) may only be made before the end of the period of 28 days starting on the day on which notice is given as mentioned in that subsection.
(4) After receiving an application under subsection (1), the Electoral Commissioner must:
(a) personally review the reviewable decision; or
(b) cause the reviewable decision to be reviewed by a person to whom the Commissioner’s powers and functions under this section are delegated and who was not involved in making the reviewable decision.
(5) After the person mentioned in paragraph (4)(a) or (b) (the reviewer) has reviewed the reviewable decision, the reviewer must make a decision (an internal review decision):
(a) confirming the reviewable decision; or
(b) varying the reviewable decision; or
(c) setting aside the reviewable decision and substituting a new decision.
Note: An internal review decision is reviewable by the Administrative Appeals Tribunal (see section 121). Under the Administrative Appeals Tribunal Act 1975, notice must be given to persons whose interests are affected by an internal review decision.
(6) For the purpose of the review, the reviewer may exercise all the powers and discretions conferred by this Act on the person who made the reviewable decision.
121 Review by Administrative Appeals Tribunal
(1A) Except for decisions described in paragraph (1)(k), this section only applies in relation to:
(a) a decision made by the Electoral Commissioner personally; or
(b) a decision made by a delegate of the Electoral Commissioner who is:
(i) the Deputy Electoral Commissioner; or
(ii) an Australian Electoral Officer.
(1) Application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision under section 93A or 98A to refuse to include in a Roll, or transfer to a Roll, a person’s name; or
(b) a decision to refuse an application made under subsection 94A(1), 95(1) or 96(1); or
(c) a decision under section 102 to reject a claim for enrolment, for transfer of enrolment or for age 16 enrolment; or
(d) a decision to refuse a request made under subsection 104(1) or (2); or
(e) a decision under subsection 104(8) that a person’s address should be entered on a Roll; or
(f) a decision under section 105 to alter a Roll (including a decision to add or remove a person’s name from the Roll); or
(g) a decision under section 116 or 118 to dismiss an objection or not to determine an objection because of subsection 118(1A); or
(h) a decision under section 118 to remove a person’s name from a Roll pursuant to an objection; or
(i) a decision to refuse an application made under subsection 184A(1); or
(j) a decision to cancel a person’s registration as a general postal voter; or
(k) an internal review decision made under subsection 120(5).
(2) In this section, decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.
122 Application of Part to Australian Capital Territory and Northern Territory
This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.
Part XI—Registration of political parties
123 Interpretation
(1) In this Part, unless the contrary intention appears:
address does not include a postal address that consists of a post office box number.
eligible political party means a political party that:
(a) either:
(i) is a Parliamentary party; or
(ii) has at least 500 members; and
(b) is established on the basis of a written constitution (however described) that sets out the aims of the party.
Parliamentary party means a political party at least one member of which is a member of the Parliament of the Commonwealth.
secretary, in relation to a political party, means the person who holds the office (however described) the duties of which involve responsibility for the carrying out of the administration, and for the conduct of the correspondence, of the party.
(2) For the purposes of this Part, 2 political parties shall be taken to be related if:
(a) one is a part of the other; or
(b) both are parts of the same political party.
(3) A reference in this Part to a member of a political party is a reference to a person who is both:
(a) a member of the political party or a related political party; and
(b) an elector.
124 Registration of political parties
Subject to this Part, an eligible political party may be registered under this Part for the purposes of this Act.
125 Register of Political Parties
(1) The Electoral Commissioner must 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.
(2) The Register may be included on the Transparency Register under section 287N.
126 Application for registration
Who may make an application
(1) An application for the registration of an eligible political party may be made to the Electoral Commission by:
(a) in the case of a Parliamentary party:
(i) the secretary of the party; or
(ii) the member, or all the members, of the Commonwealth Parliament who is a member, or who are members, of the party; or
(b) in the case of a political party other than a Parliamentary party—10 members of the party, of whom one is the secretary of the party.
However, where a member of a Parliamentary party:
(c) who is a member of the Commonwealth Parliament; and
(d) who has previously made an application for the registration of that Parliamentary party (the first party);
makes an application for the registration of another party, the Commission must not proceed with the application for the registration of that other party unless the Commission is satisfied that the member is no longer a member of the first party. If the Commission is so satisfied, the Commission must take any action required by section 136 immediately.
Requirements for an application
(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; and
(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; and
(ba) if the party wishes a logo of the party to be entered in the Register—set out a copy of a logo; and
(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; and
(ca) include a list of the names of the 500 members of the party to be relied on for the purposes of registration; and
(d) state whether or not the party wishes to receive moneys under Division 3 of Part XX; and
(e) set out the name and address of the applicant or the names and addresses of the applicants and particulars of the capacity in which the applicant or each applicant makes the application; and
(f) be accompanied by a copy of the constitution of the party; and
(g) be accompanied by a fee of $500.
Requirements for logos
(2AA) For the purposes of paragraph (2)(ba), a logo set out in an application must:
(a) be in black and white; and
(b) meet any other requirements determined under subsection (2AB).
(2AB) For the purposes of paragraph (2AA)(b), the Electoral Commissioner may, by legislative instrument, determine requirements in relation to setting out a logo in an application.
A person must not be a member of more than one registered political party
(2A) Two or more parties cannot rely on the same member for the purpose of qualifying or continuing to qualify as an eligible political party. The following provisions apply accordingly:
(a) a member who is relied on by 2 or more parties may nominate the party entitled to rely on the member, but if a party is not nominated after the Electoral Commission has given the member at least 30 days to do so, the member is not entitled to be relied on by any of those parties;
(b) the members on whom a registered party relies may be changed at any time by an amendment of the Register of Political Parties;
(c) the registration of a party is not to be cancelled because of this subsection unless the Electoral Commission has taken action to determine whether the party should be deregistered because of paragraph 137(1)(a), (b) or (c).
A person must not be a registered officer etc. of more than one registered political party
(2B) A person must not, at a particular time, be:
(a) the registered officer of more than one registered political party; or
(b) a deputy registered officer of more than one registered political party; or
(c) the registered officer of one registered political party and a deputy registered officer of another registered political party.
The registration of a political party is not to be cancelled because of this subsection unless the Electoral Commission has taken action to determine whether the party should be deregistered because of paragraph 137(1)(cc).
Note: The registered officer of a registered political party may be changed at any time under paragraph 134(1)(g).
(2C) Subsection (2B) does not prevent a person from being both:
(a) the registered officer or a deputy registered officer of a registered political party for the purposes of this Act; and
(b) the registered officer or a deputy registered officer (however described), for the purposes of an Act of a State or Territory or an Ordinance of an external Territory, of a political party or a branch of a political party.
Electoral Commission to deal with application
(3) Upon receipt of an application for the registration of a political party, the Electoral Commission shall deal with the application in accordance with this Part and determine whether the party can be registered.
Note: The Electoral Commission may also decide under section 129A to refuse to enter a logo of the political party in the Register.
127 Party not to be registered during election
During the period commencing on the day of the issue of the writ for a Senate election or a House of Representatives election and ending on the day on which the writ is returned, no action shall be taken in relation to any application for the registration of a political party, including any action by the Administrative Appeals Tribunal in respect of a decision of the Electoral Commission that relates to such an application.
129 Parties with certain names not to be registered
(1) The Electoral Commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or the abbreviation of its name that it wishes to be able to use for the purposes of this Act (if any):
(a) comprises more than 6 words;
(b) is obscene;
(c) is the name, or is an abbreviation or acronym of the name, of another political party (not being a political party that is related to the party to which the application relates) that is a recognised political party;
(d) so nearly resembles the name, or an abbreviation or acronym of the name, of another political party (not being a political party that is related to the party to which the application relates) that is a recognised political party that it is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be; or
(da) is one that a reasonable person would think suggests that a connection or relationship exists between the party and a registered party if that connection or relationship does not in fact exist; or
(e) comprises the words “Independent Party” or comprises or contains the word “Independent” and:
(i) the name, or an abbreviation or acronym of the name, of a recognised political party; or
(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a recognised political party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be.
(2) In this section:
recognised political party means a political party that is:
(a) a Parliamentary party; or
(b) a registered party; or
(c) registered or recognised for the purposes of the law of a State or a Territory relating to elections and that has endorsed a candidate, under the party’s current name, in an election for the Parliament of the State or Assembly of the Territory in the previous 5 years.
129A Certain party logos not to be entered in the Register
The Electoral Commission may refuse to enter in the Register a logo of a political party (the applicant), set out in an application to register the applicant, if, in its opinion, the applicant’s logo:
(a) is obscene; or
(b) is the logo of any other person; or
(c) so nearly resembles the logo of any other person that it is likely to be confused with or mistaken for that logo; or
(d) is one that a reasonable person would think suggests that a connection or relationship exists between the applicant and a registered political party if that connection or relationship does not in fact exist; or
(e) comprises the words “Independent Party” or comprises or contains the word “Independent” and:
(i) the name, or an abbreviation or acronym of the name, of a recognised political party (within the meaning of subsection 129(2)); or
(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a recognised political party (within the meaning of subsection 129(2)) 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 Electoral Commission may register an eligible political party notwithstanding that a political party that is related to it has been registered.
131 Variation of application
(1) Where, after initial consideration of an application for the registration of a political party, the Electoral Commission is of the opinion that it is required to refuse the application, or refuse to enter a logo of the party in the Register, 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).
Note: For example, if an application to register a political party would be refused because subsection 126(2B) would be contravened, the party could change the person who is to be the registered officer of the party so subsection 126(2B) is not contravened.
(2) Where notice is given under subsection (1) in relation to an application, the Electoral Commission is not required to give further consideration to the application unless and until notice is lodged with it under subsection (3).
(3) Where notice is given under subsection (1) in relation to an application for the registration of a political party, the applicant or applicants may lodge with the Electoral Commission a written request, signed by the applicant or applicants, to:
(a) vary the application in a manner specified in the request; or
(b) proceed with the application in the form in which it was lodged;
and the Commission shall comply with the request.
(4) If a request is made under subsection (3) to vary an application, the application as varied is to be treated for the purposes of this section as if it were a new application.
132 Procedure for dealing with application
(1) If:
(a) an application for registration is lodged with the Electoral Commission; and
(b) the Commission does not give a notice under subsection 131(1) in respect of that application;
the Electoral Commissioner:
(c) must publish a notice of the application:
(i) in a newspaper circulating generally in each State and Territory; and
(ii) on the Electoral Commission’s website; and
(d) may publish the notice in any other way the Electoral Commissioner considers appropriate.
(2) A notice under subsection (1) in relation to an application shall:
(a) set out the particulars specified in the application in accordance with subsection 126(2); and
(b) invite any persons who believe that:
(i) the application does not relate to an eligible political party; or
(ii) the application is not in accordance with section 126 (including because subsection 126(2B) would be contravened); or
(iii) the application should be refused under section 129; or
(iv) the Electoral Commission should refuse to enter a logo of the party in the Register under section 129A;
to submit written particulars of the grounds for that belief to the Electoral Commission within 1 month after the date of the publication of the notice on the Electoral Commission’s website.
(3) Particulars submitted by a person under subsection (2) shall be signed by, and specify an address of, that person.
(4) Particulars submitted under paragraph (2)(b) shall, as soon as practicable, be made available at the principal office of the Electoral Commission in Canberra for inspection by members of the public.
(5) The Electoral Commission shall:
(a) give a copy of all of the particulars (if any) submitted under paragraph (2)(b) to the person who is to be the registered officer of the party concerned; and
(b) at the same time, give to the person a notice inviting the person to submit a reply to the particulars to the Commission within the time specified in the notice.
(6) A reply submitted under subsection (5) shall, as soon as practicable, be made available at the principal office of the Electoral Commission in Canberra for inspection by members of the public.
(7) The Electoral Commission shall not register a political party unless:
(a) it has published notice of the application for registration in accordance with this section;
(b) a period of at least one month has elapsed after the date of publication of notice of the application on the Electoral Commission’s website;
(c) where particulars have been submitted under paragraph (2)(b), either:
(i) the time specified in a notice under subsection (5) has expired; or
(ii) a reply to the particulars has been received; and
(d) the Commission has considered those particulars (if any) and any reply to the particulars.
132A Electoral Commission to give reasons for decisions under this Part
(1) The Electoral Commission must:
(a) give the parties to an application under section 126 written notice of the reasons for its decision in relation to the application if it decides not to register the party concerned or decides to refuse to enter a logo of the party in the Register; and
(b) take such steps as the Commission considers appropriate to publicise those reasons.
(2) For the purposes of subsection (1), the parties to the application are:
(a) the applicant; and
(b) any person who submits particulars in relation to the application under subsection 132(2).
133 Registration
(1) Where the Electoral Commission determines that a political party an application for the registration of which has been made should be registered, it shall:
(a) register the party by entering in the Register:
(i) the name of the party; and
(ii) if an abbreviation of the name of the party was set out in the application—that abbreviation; and
(iia) if a logo of the party was set out in the application, and the Electoral Commission has not decided to refuse to enter the logo in the Register under section 129A—that logo; and
(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; and
(b) give written notice to the applicant or applicants that it has registered the party; and
(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, or entered the logo in the Register, setting out in the notice to each person the reasons for rejecting the reasons particulars of which were so submitted by the person.
(1A) If the Electoral Commission makes a determination under subsection (1) that a political party should be registered, the Electoral Commissioner:
(a) must publish notice of the registration of the party on the Electoral Commission’s website; and
(b) may publish notice of the registration in any other way the Electoral Commissioner considers appropriate.
(2) Where a statement is entered in the Register that a political party wishes to receive moneys under Division 3 of Part XX, that party shall, for the purposes of Part XX, be taken to have been registered for public funding.
(3) If the Electoral Commission refuses an application made by a person to register a political party, or refuses to enter in the Register a logo set out in such an application, the Electoral Commission must give written notice to the person giving reasons for the decision.
134 Changes to Register
(1) Where a political party is registered under this Part, an application may be made to the Electoral Commission, by:
(a) in the case of a Parliamentary party—either the secretary of the party or all the members of the Commonwealth Parliament who are members of, or the member of that Parliament who is a member of, the party; or
(b) in the case of a political party other than a Parliamentary party—3 members of the party;
to change the Register by:
(c) changing the name of the party to a name specified in the application; or
(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; or
(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; or
(ea) if the party’s logo is entered in the Register—changing that logo to a logo set out in the application; or
(eb) if the party’s logo is not entered in the Register—entering in the Register the logo set out in the application; or
(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.
Note: A person must not be the registered officer or a deputy registered officer of more than one registered political party at a particular time (see subsection 126(2B)).
(1A) Where a political party is registered under this Part, the registered officer of the party may apply to the Electoral Commission to change the Register by substituting for the address of the registered officer entered in the Register the address specified in the application.
(2) An application under subsection (1):
(a) shall be in writing, signed by the applicant or applicants;
(b) in the case of an application to substitute the name of a person as the name of the registered officer of a political party, shall be signed by that person and may be signed by the registered officer; and
(c) shall set out the name and address of the applicant or the names and addresses of the applicants and particulars of the capacity in which the applicant or each applicant makes the application; and
(d) for the purposes of paragraph (1)(c), (d) or (e)—must be accompanied by a fee of $500.
(2A) An application under subsection (1A) shall be signed by the applicant.
(3) Upon receipt of an application under subsection (1) or (1A), the Electoral Commission shall deal with the application in accordance with this Part and determine whether the change requested in the application should be made.
(4) In respect of an application under subsection (1) for a change referred to in paragraph (1)(c), (d), (e), (ea) or (eb), sections 127, 129, 129A, 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) the reference in subparagraph 132(2)(b)(ii) to section 126 (but not the reference to subsection 126(2B)) were a reference to this section.
(5) Where an application under subsection (1) to substitute the name of a person for the name of the registered officer of a political party is not signed by the registered officer, the Electoral Commission shall:
(a) give the registered officer written notice of the application for the change and invite the registered officer, if he or she considers that there are reasons why the change should not be made, to submit written particulars of those reasons to the Commission within 7 days after the date on which the notice was given; and
(b) consider any particulars submitted in response to the invitation referred to in paragraph (a).
(6) Where the Electoral Commission determines that an application under subsection (1) or (1A) should be granted, it shall:
(a) change the Register accordingly;
(b) give the applicant or applicants written notice that it has made the change;
(c) in the case of a change referred to in paragraph (1)(c), (d), (e), (ea), (eb) or (g) in respect of which any person or persons submitted particulars in response to the invitation referred to in paragraph 132(2)(b) in its application by virtue of subsection (4)—give written notice to that person or those persons that it has made the change, setting out in the notice to each person the reasons for rejecting the reasons particulars of which were so submitted by the person;
(d) in the case of an application to substitute the name of a person for the name of the registered officer of the party, being an application in respect of which the registered officer submitted particulars under paragraph (5)(a)—give written notice to that registered officer that it has made the change setting out the reasons for rejecting the reasons particulars of which were so submitted.
(6A) If the Register is changed in accordance with paragraph (6)(a), the Electoral Commissioner:
(a) must publish notice of the change on the Electoral Commission’s website; and
(b) may publish notice of the change in any other way the Electoral Commissioner considers appropriate.
(7) Where the Electoral Commission determines that an application under subsection (1) or (1A) should be refused it shall give the applicant or applicants written notice that it has so determined.
(8) The Electoral Commission must:
(a) give an applicant who makes an application under subsection (1) to change the Register in the way referred to in paragraph (1)(c), (d), (e), (ea) or (eb) written notice of the reasons for its decision in relation to the application if it refuses to grant the application; and
(b) take such steps as the Commission considers appropriate to publicise those reasons.
134A Objection to continued use of name or logo
(1) If:
(aa) one registered political party (the parent party) was registered under section 126 before another registered party (the second party); and
(a) the Electoral Commission is satisfied that:
(i) the name or logo of the parent party is the same as, or relevantly similar to, the name or logo of the second party and the parties are not related at the time of the objection; or
(ii) the name or logo of the second party is one that a reasonable person would think suggests that a connection or relationship exists between the second party and the parent party and that connection or relationship does not in fact exist; and
(aa) the second party was registered after the commencement of this section; and
(b) the registered officer of the parent party objects in writing to the continued use of the name or logo by the second party;
the Commission must:
(d) uphold the objection; and
(e) notify the registered officer of the second party, at the address specified in the Register, that the second party will be deregistered under section 137 if:
(i) it does not make an application under section 134 for a change of name or logo within 1 month of the date of the notice; or
(ii) it makes such an application, but the application is refused.
(2) For the purposes of paragraph (1)(a), the name or logo of a party is relevantly similar to the name or logo of another party if, in the opinion of the Electoral Commission, the name or logo so nearly resembles the name or logo of the other party that it is likely to be confused with or mistaken for that name or logo.
(2A) The Electoral Commission must:
(a) give the parties to an objection under this section written notice of the reasons for its decision in relation to the objection if it upholds the objection; and
(b) take such steps as the Commission considers appropriate to publicise those reasons.
(2B) For the purposes of subsection (2A), the parties to the objection are:
(a) the registered officer of the parent party; and
(b) the registered officer of the second party.
(3) In this section:
logo of a registered political party means the logo of the party that is entered in the Register.
name, in relation to a registered political party, means:
(a) the name of the party that is entered in the Register; or
(b) the abbreviation, entered in the Register, of the name of the party.
135 Voluntary deregistration
(1) A political party that is registered under this Part shall be deregistered by the Electoral Commission if an application to do so is made to the Commission by a person or persons who are entitled to make an application for a change to the Register under section 134 in relation to the party.
(2) An application under subsection (1) shall:
(a) be in writing, signed by the applicant or applicants; and
(b) set out the name and address of the applicant or the names and addresses of the applicants and particulars of the capacity in which the applicant or each applicant makes the application.
(3) Where a political party is deregistered under subsection (1), that party, or a party that has a name that so nearly resembles the name of the deregistered party that it is likely to be confused with or mistaken for that name, is ineligible for registration under this Part until after the general election next following the deregistration.
136 Deregistration of party failing to endorse candidates or ceasing to be a Parliamentary party
(1) A registered political party is liable to deregistration if:
(aa) the party has been registered for more than 4 years and during that time has not endorsed a candidate for any election; or
(a) a period of 4 years has elapsed since the polling day in the last election for which the party endorsed a candidate; or
(b) in the case of a party that was a Parliamentary party when it was registered:
(i) the party has ceased to be a Parliamentary party; and
(ii) the party has fewer than 500 members.
(1A) If a party becomes liable to deregistration, the Electoral Commission shall:
(a) deregister the party;
(b) give written notice of the deregistration to the person who was the registered officer of the party immediately before the deregistration.
(1B) If a political party is deregistered under subsection (1A), the Electoral Commissioner:
(a) must publish notice of the deregistration on the Electoral Commission’s website; and
(b) may publish notice of the deregistration in any other way the Electoral Commissioner considers appropriate.
(2) Where a political party is deregistered under subsection (1A), that party, or a party that has a name that so nearly resembles the name of the deregistered party that it is likely to be confused with or mistaken for that name, is ineligible for registration under this Part until after the general election next following the deregistration.
(3) A Parliamentary party shall not be deregistered under this section.
137 Deregistration of political party on other grounds
(1) If the Electoral Commission is satisfied on reasonable grounds that:
(a) a political party registered under this Part has ceased to exist (whether by amalgamation with another political party or otherwise); or
(b) a political party so registered, not being a Parliamentary party, has ceased to have at least 500 members; or
(c) the registration of a political party so registered was obtained by fraud or misrepresentation; or
(ca) an objection against the continued use of a name or logo (both within the meaning of section 134A) by a political party so registered has been upheld under section 134A, but an application to change the party’s name or logo:
(i) was not made under section 134 within one month of the upholding of the objection; or
(ii) was so made within one month of the upholding of the objection, but was later refused; or
(cb) the registered officer of a registered political party has failed to comply with a notice under section 138A (Review of eligibility of parties to remain in the Register); or
(cc) a person who is the registered officer or a deputy registered officer of a registered political party is failing to comply with subsection 126(2B) (person must not be registered officer etc. of more than one registered political party);
the Commission must give the registered officer of the party notice, in writing, that it is considering deregistering the party under this section, setting out its reasons for considering doing so and the terms of the provisions of subsections (2), (3), (4) and (5).
(1A) If the Electoral Commission gives a notice under subsection (1), the Electoral Commissioner:
(a) must publish a notice, on the Electoral Commission’s website:
(i) stating that the Commission is considering deregistering the party under this section; and
(ii) specifying the paragraph of subsection (1) by reason of which it is considering doing so; and
(b) may publish a notice covered by paragraph (a) of this subsection in any other way the Electoral Commissioner considers appropriate.
(2) Where a notice is given under subsection (1) in relation to a political party, the registered officer of the party or 10 members of the party may, within 1 month after the date on which the notice was given, lodge with the Electoral Commission a statement, in writing, signed by the registered officer or by those members of the party, as the case may be, setting out reasons why the party should not be deregistered under this section.
(3) Where a statement lodged under subsection (2) is signed by 10 members of a political party, the statement shall set out the names and addresses of those members and contain a statement that they are members of that party.
(4) Where a notice is given under subsection (1) in relation to a political party and a statement is not lodged under subsection (2) in response to that notice, the Electoral Commission shall deregister the party.
(5) Where, in response to a notice given under subsection (1) in relation to a political party, a statement is lodged under subsection (2), the Electoral Commission shall consider that statement and determine whether the political party should be deregistered for the reason set out in that notice.
(6) Where, under subsection (5), the Electoral Commission determines that a political party should be deregistered, it shall:
(a) deregister the party;
(b) give the person who was the last registered officer of the party written notice of the deregistration, setting out its reasons for rejecting the reasons set out in the statement lodged under subsection (2).
(6A) If the Electoral Commission deregisters a party under subsection (4) or (6), the Electoral Commissioner:
(a) must publish a notice of the deregistration on the Electoral Commission’s website; and
(b) may publish a notice of the deregistration in any other way the Electoral Commissioner considers appropriate.
(7) Where, under subsection (5), the Electoral Commission determines that a political party should not be deregistered under this section, it shall give the registered officer of the party written notice of its determination.
138 Deregistration
Where a political party is deregistered under section 135, 136 or 137, the Electoral Commission shall cause the particulars on the Register that relate to that party to be cancelled.
138A Review of eligibility of parties to remain in the Register
(1) The Electoral Commission may review the Register to determine whether one or more of the parties included in the Register:
(a) is an eligible political party; or
(b) should be deregistered under section 136 or 137.
(2) The Electoral Commission may do so at any time other than during the period that:
(a) starts on the day of the issue of a writ for a Senate election or House of Representatives election; and
(b) ends on the day on which the writ is returned.
(3) For the purposes of reviewing the Register, the Electoral Commission may give a written notice to the registered officer of a registered political party requesting specified information on the party’s eligibility to be registered under this Part.
(4) The notice must specify a period within which the information must be provided. The period must be at least 2 months.
(5) The registered officer must comply with the notice within the specified period. However, the Electoral Commission may extend that period.
Note: A failure to comply with the notice may lead to deregistration (see paragraph 137(1)(cb)).
139 Inspection of Register
The Register shall be open for public inspection, without fee, during ordinary office hours at the principal office of the Electoral Commission in Canberra.
140 Service of documents
(1) Where the Electoral Commission is required by this Part to give a written notice to:
(a) an applicant or applicants for registration;
(b) the registered officer of a political party;
(c) the person who was the registered officer of a political party immediately before its deregistration;
(d) a person who submitted particulars to it; or
(e) a person who made an application under subsection 141(2);
that notice shall be given by being posted by pre‑paid post as a letter addressed to:
(f) the person nominated as the registered officer in the application for registration at his or her address shown in the application;
(g) the registered officer of the political party at his or her address set out in the Register;
(h) the last registered officer of the party at his or her address shown in the Register;
(j) the person who submitted the particulars at the address specified in the particulars; or
(k) the person who made the application under subsection 141(2) at the address specified in the application;
as the case may be.
(2) Where a person is, or persons are, entitled by this Part to make an application to the Electoral Commission, the person or persons shall do so by causing the application to be lodged at the principal office of the Commission in Canberra, in the capital city of a State or in Darwin.
(3) Where a person is, or persons are, entitled by this Part to lodge a document (other than an application) with the Electoral Commission, the person or persons shall do so by causing the documents to be lodged at the principal office of the Commission in Canberra.
141 Review of certain decisions
(1) In this section:
decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.
Electoral Commission does not include a delegate of the Electoral Commission.
person includes a political party.
reviewable decision means a decision of the Electoral Commission, or of a delegate of the Electoral Commission:
(a) to register a political party under this Part; or
(b) to refuse an application for the registration of a political party under this Part; or
(ba) to enter a logo of a political party in the Register; or
(bb) to refuse to enter a logo of a political party in the Register; or
(c) to grant an application under subsection 134(1); or
(ca) to uphold an objection under subsection 134A(1); or
(cb) to refuse to uphold an objection under subsection 134A(1); or
(d) to refuse an application under subsection 134(1); or
(e) to deregister a political party under subsection 137(6).
(2) Where a delegate of the Electoral Commission makes a reviewable decision, a person affected by the decision who is dissatisfied with the decision may, within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Commission (either before or after the expiration of that period) allows, make a written application to the Commission for the review of the decision by the Commission, specifying in the application an address of the applicant.
(3) There shall be set out in the application under subsection (2) the reasons for making the application.
(4) Upon the receipt of an application under subsection (2) for the review of a reviewable decision, the Electoral Commission shall review that decision and shall make a decision:
(a) affirming the decision under review;
(b) varying the decision under review; or
(c) setting aside the decision under review and making a decision in substitution for the decision so set aside.
(5) Application may be made to the Administrative Appeals Tribunal for review of a reviewable decision made by the Electoral Commission or a decision under subsection (2) or (4).
(6) For the purposes of a review referred to in subsection (5), the Administrative Appeals Tribunal is to be constituted by 3 members, at least one of whom is a Judge of the Federal Court of Australia.
(6A) Paragraph 19B(1)(b) of the Administrative Appeals Tribunal Act 1975 does not apply in relation to a review referred to in subsection (5) of this section.
(7) Where the Electoral Commission makes a decision under subsection (4), it shall give written notice of that decision to:
(a) the person, or each person, to whom written notice of the reviewable decision to which the decision of the Commission relates was given under this Part; and
(b) the person who made the application for the review of that reviewable decision.
(8) Where a delegate of the Electoral Commission makes a reviewable decision, a written notice of the decision given to a person or persons under this Part shall include a statement to the effect that:
(a) a person affected by the decision may, if dissatisfied with the decision, seek a review of the decision by the Commission in accordance with subsection (2); and
(b) a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with a decision made by the Commission upon that review make application to the Administrative Appeals Tribunal for review of the decision made by the Commission.
(9) Where the Electoral Commission makes a reviewable decision or a decision under subsection (2) or (4), a written notice of the decision given to a person or persons under this Part shall include a statement to the effect that a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with the decision, make an application to the Administrative Appeals Tribunal for review of the decision.
(10) Any failure to comply with the requirement of subsection (8) or (9) in relation to a decision does not affect the validity of the decision.
Part XIII—Writs for elections