Australian Government

Federal Register of Legislation

Annual survey

We would appreciate it if you could complete our website survey, open until 28 November 2025.

Commonwealth Electoral Act 1918

In force

Administered by

Department of Finance

Superseded version

View latest version

View as made version

C2013C00165

29 March 2013 - 31 December 2013

Table of contents

Part I—Preliminary
- 1 Short title
- 2 Commencement
- 3 Repeal
- 4 Interpretation
- 4A Extraterritorial operation of Act
- 4B Act to bind Crown
- 4C Registered officer of political party
- 4D Application of the Criminal Code
Part II—Administration
- Division 1—Preliminary
  - 5 Interpretation
  - 5A Application of Part in relation to Northern Territory
- Division 2—The Australian Electoral Commission
- Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States
- Division 4—Staff of the Commission
- Division 5—Miscellaneous
  - 36 Candidates not to be officers
  - 38 Offices of Divisional Returning Officers
Part III—Representation in the Parliament
- Division 1AA—Interpretation
  - 38A Interpretation
- Division 1—Choosing of senators for Queensland
  - 39 Senators to be directly chosen by people of State etc.
- Division 2—Representation of the Territories in the Senate
- Division 3—Representation of the States and Territories in the House of Representatives
Part IV—Electoral Divisions
- 55 Interpretation
- 55A Application to Northern Territory
- 56 States and Australian Capital Territory to be distributed into Electoral Divisions
- 56A Certain Territories to be included in same Division
- 57 One member to be chosen for each Electoral Division
- 58 Monthly ascertainment of enrolment etc.
- 59 Times at which redistributions are to commence
- 60 Redistribution Committee
- 62 Proceedings at meetings of Redistribution Committee etc.
- 63 Sub-committees
- 63A Projection time for equality of enrolments
- 64 Suggestions and comments relating to redistribution
- 65 Quota
- 66 Redistribution Committee to make proposed redistribution
- 67 Reasons for proposed redistribution
- 67A Outline of proposed redistribution
- 68 Notice of proposed redistribution
- 69 Objections against proposed redistribution
- 70 Augmented Electoral Commission
- 71 Proceedings at meetings of augmented Electoral Commission etc.
- 72 Consideration of objections
- 73 Redistribution of State or Australian Capital Territory
- 74 Reasons for determination made by augmented Electoral Commission
- 75 Copies of certain documents to be forwarded to Minister
- 76 Mini-redistribution
- 76A Application of section 76 to Northern Territory
- 77 Decisions under Part final etc.
- 78 Improper influence
Part V—Subdivisions and polling places
- 79 Subdivisions
- 80 Polling places
Part VI—Electoral Rolls
- 81 Electoral Rolls
- 82 Subdivision Rolls, Division Rolls and State and Territory Rolls
- 83 Form of Rolls
- 84 Arrangement with States
- 85 New Rolls to be prepared upon Proclamation
- 86 New Rolls on creation of new Divisions etc.
- 87 Additions etc. to new Rolls
- 88 Objections and notices to have effect in relation to new Rolls
- 90 Commission to determine manner and form of access to Rolls etc.
- 90A Inspection etc. of Rolls
- 90B Information on Rolls and certified lists of voters to be provided to particular people and organisations
- 91A Use of information from Roll and habitation index
- 91B Prohibition of disclosure or commercial use of Roll or habitation index
- 92 Roll reviews
Part VII—Qualifications and disqualifications for enrolment and for voting
- 93 Persons entitled to enrolment and to vote
- 93A Power to refuse to include in the Roll inappropriate names
- 94 Enrolled voters leaving Australia
- 94A Enrolment from outside Australia
- 95 Eligibility of spouse, de facto partner or child of eligible overseas elector
- 95AA Norfolk Island electors
- 95AB Presumption about certain Norfolk Island electors
- 95AC Rolls relating to Norfolk Island electors
- 96 Itinerant electors
- 96A Enrolment of prisoners
- 97 Application of Part to Australian Capital Territory and Northern Territory
Part VIII—Enrolment
- 98AA Evidence of identity requirements
- 98 Addition of names to Rolls
- 98A Refusal to include in the Roll inappropriate names
- 99 Claims for enrolment or transfer of enrolment
- 99A Provisional claim for enrolment by applicant for citizenship
- 99B Provisional enrolment by applicant for citizenship
- 100 Claims for age 16 enrolment
- 101 Compulsory enrolment and transfer
- 102 Action on receipt of claim
- 103 Penalty on officer neglecting to enrol claimants
- 103A Updating or transferring a person’s enrolment without claim or notice from the person
- 103B Enrolling unenrolled person without claim or notice from the person
- 104 Request for address not to be shown on Roll
- 105 Alteration of Rolls
- 106 Incorrect enrolment
- 107 Alterations to be initialled
- 108 Lists of deaths to be forwarded
- 109 Lists of persons serving, or ceasing to serve, sentences of imprisonment to be forwarded
- 110 Electoral Commissioner to act on receipt of information
- 111 Computer records relating to Roll
- 112 Application of Part to Australian Capital Territory and Northern Territory
Part IX—Objections
- 113 Interpretation
- 114 Objection to enrolment
- 115 Form and manner of objection
- 116 Notice of objection
- 118 Determination of objection
Part X—Review of decisions
- 120 Internal review
- 121 Review by Administrative Appeals Tribunal
- 122 Application of Part to Australian Capital Territory and Northern Territory
Part XI—Registration of political parties
- 123 Interpretation
- 124 Registration of political parties
- 125 Register of Political Parties
- 126 Application for registration
- 127 Party not to be registered during election
- 129 Parties with certain names not to be registered
- 130 Different levels of party may be registered
- 131 Variation of application
- 132 Procedure for dealing with application
- 132A Electoral Commission to give reasons for decisions under this Part
- 133 Registration
- 134 Changes to Register
- 134A Objection to continued use of name
- 135 Voluntary deregistration
- 136 Deregistration of party failing to endorse candidates or ceasing to be a Parliamentary party
- 137 Deregistration of political party on other grounds
- 138 Deregistration
- 138A Review of eligibility of parties to remain in the Register
- 139 Inspection of Register
- 140 Service of documents
- 141 Review of certain decisions
Part XIII—Writs for elections
- 151 Issue of writs for election of Senators for Territories
- 152 Forms of writs
- 153 Writs for election of Senators
- 154 Writs for election of members of House of Representatives
- 155 Date for close of Rolls
- 156 Date of nomination
- 157 Date of polling
- 158 Polling to be on a Saturday
- 159 Date of return of writ
- 160 General election to be held on same day
- 161 Application of Part
Part XIV—The nominations
- 162 Candidates must be nominated
- 163 Qualifications for nomination
- 164 State and Territory members not entitled to be nominated
- 165 Multiple nominations prohibited
- 166 Mode of nomination
- 167 To whom nominations made
- 168 Grouping of candidates
- 169 Notification of party endorsement
- 169A Notification of independent candidacy
- 169B Verification of party endorsement
- 169C Combination of requests and nominations
- 170 Requisites for nomination
- 171 Form of consent to act
- 172 Rejection of nominations and requests
- 173 Deposit to be forfeited in certain cases
- 174 Place of nomination
- 175 Hour of nomination
- 176 Declaration of nominations
- 177 Withdrawal of consent to a nomination
- 178 Return of deposit in case of candidate’s death
- 179 Proceedings on nomination day
- 180 Death of candidate after nomination
- 181 Failure of election
Part XV—Postal voting
- 182 Interpretation
- 183 Grounds of application for postal vote
- 184 Application for postal vote
- 184A Application for registration as general postal voter
- 184AA Application forms for postal votes
- 184B Register of General Postal Voters
- 185 Registration as general postal voter
- 185B Review of Registers
- 185C Cancellation of registration
- 186 Dispatch of postal voting papers to registered general postal voters
- 188 Issue of certificate and ballot papers
- 188A Dealing with application after issue of certificate and ballot paper
- 189 Inspection of applications
- 189A Access to electronic list of postal vote applicants
- 189B Restriction on use or disclosure of information
- 192 Form of postal vote certificate
- 193 Authorised witnesses
- 194 Postal voting
- 195 Duty of authorised witnesses etc.
- 195A Procedure for dealing with postal vote certificates etc.
- 196 Opening of postal ballot paper
- 197 Failure to post or deliver postal vote application etc.
- 198 Inducing person to hand over marked ballot paper
- 199 Correction of formal errors
- 200 Mistakes
Part XVA—Pre-poll voting
- Division 1—Introduction
  - 200AA Guide to this Part
- Division 2—General matters
- Division 3—Voting by pre-poll ordinary vote
- Division 4—Voting by pre-poll declaration vote
Part XVB—Electronically assisted voting for sight-impaired people
- 202AA Definitions
- 202AB Regulations may provide for voting by an electronically assisted voting method
- 202AC There must be a record of who has voted using the electronically assisted voting method
- 202AD There must be a record of the vote
- 202AE How this Act applies in relation to voting using the electronically assisted voting method
- 202AF Electoral Commissioner may decide that electronically assisted voting method is not to be used
Part XVI—The polling
- 202A Undertaking by officers and scrutineers
- 203 Arrangements for polling
- 204 Substitute
- 205 Use of licensed premises as polling booth
- 206 Separate voting compartments
- 207 Ballot-boxes
- 208 Certified lists of voters
- 208A Approved list of voters
- 209 Ballot papers
- 209A Official mark
- 210 Printing of Senate ballot papers
- 210A Form of party name on ballot papers
- 211 Group voting tickets
- 211A Individual voting tickets
- 212 Ballot papers for House of Representatives elections
- 213 Determination of order of names
- 214 Printing of political party names etc. on ballot papers
- 215 Ballot papers to be initialled
- 216 Group voting tickets to be displayed
- 217 Scrutineers at the polling
- 218 Provisions relating to scrutineers
- 219 Participation by candidates in conduct of election
- 220 The polling
- 221 Elections at which electors entitled to vote
- 222 Where electors may vote
- 223 Interpretation
- 224 Hospitals that are polling places
- 226 Provisions related to section 224
- 227 Mobile booths
- 228 Forwarding of declaration votes
- 229 Questions to be put to voter
- 230 Errors not to forfeit vote
- 231 Right of elector to receive ballot paper
- 232 Voters to be recorded
- 233 Vote to be marked in private
- 234 Assistance to certain voters
- 234A Certain voters may vote outside polling place
- 235 Provisional votes
- 238 Spoilt ballot papers
- 238A Discarded ballot papers
- 238B Ballot-boxes opened before close of poll
- 239 Marking of votes in Senate election
- 240 Marking of votes in House of Representatives election
- 240A Temporary suspension of polling
- 241 Adjournment of polling
- 242 Adjournment in other cases
- 243 Voting at adjourned polling
- 244 Arrangement where elections held in some Divisions only
- 245 Compulsory voting
Part XVII—Special provisions relating to the polling in Antarctica
- 246 Interpretation
- 247 Antarctic Returning Officers and Assistant Antarctic Returning Officers
- 248 Application of Part XVI to polling in Antarctica
- 249 Antarctic electors
- 250 Arrangements for the polling in Antarctica
- 251 Ballot papers to be initialled
- 252 Candidates not to take part in polling
- 253 The polling in Antarctica
- 254 Entitlement of Antarctic electors to vote
- 255 Questions to be put to voter at Antarctic station
- 256 Right of Antarctic elector to receive ballot paper
- 257 List of Antarctic electors to be marked
- 258 Application of sections 233 and 234
- 259 Proceedings by Antarctic Returning Officer on close of poll
- 260 Result of the polling in Antarctica
- 261 Preservation of ballot papers etc.
- 262 Application of Part
Part XVIII—The scrutiny
- 263 Scrutiny
- 264 Scrutineers at scrutiny
- 265 Scrutiny, how conducted
- 266 Preliminary scrutiny of declaration votes
- 267 Action on objections to ballot papers
- 268 Informal ballot papers
- 269 Formal votes according to group voting ticket
- 270 Certain votes with non-consecutive numbers to be formal
- 271 Officers not to mark ballot papers so that voter can be identified
- 272 Senate ballot papers deemed to be marked according to group voting tickets
- 273 Scrutiny of votes in Senate elections
- 273A Computerised scrutiny of votes in Senate election
- 273B Combination of manual and computer scrutiny permitted
- 274 Scrutiny of votes in House of Representatives elections
- 275 Scrutiny prior to receipt of declaration ballot papers
- 276 Provisional scrutiny
- 277 Scrutiny for information
- 278 Re-count at Senate elections
- 279 Re-count at House of Representatives elections
- 279A Notice of re-count
- 279B Conduct of re-count
- 280 Powers of officer conducting re-count
- 281 Reservation of disputed ballot papers
- 282 Re-count of Senate votes to determine order of election in other circumstances
Part XIX—The return of the writs
- 283 Return of writ for election of Senators
- 284 Declaration of poll and return of writs for House of Representatives
- 285 Correction of errors
- 286 Extension of time
Part XX—Election funding and financial disclosure
- Division 1—Preliminary
- Division 2—Agents
- Division 3—Election funding
- Division 4—Disclosure of donations
- Division 5—Disclosure of electoral expenditure
- Division 5A—Annual returns by registered political parties and other persons
- Division 6—Miscellaneous
Part XXI—Electoral offences
- 322 Interpretation
- 323 Officers and scrutineers to observe secrecy
- 324 Officers not to contravene Act etc.
- 325 Officers not to influence vote
- 325A Influencing votes of hospital patients etc.
- 326 Bribery
- 327 Interference with political liberty etc.
- 328 Printing and publication of electoral advertisements, notices etc.
- 328A Publication of electoral advertisements on the internet
- 328B Requirements relating to how-to-vote cards
- 329 Misleading or deceptive publications etc.
- 330 False statements in relation to Rolls
- 331 Heading to electoral advertisements
- 334 Depiction etc. of certain electoral matter
- 335 Cards in polling booth
- 336 Signature to electoral paper
- 337 Witnessing electoral papers
- 338 Unlawfully marking ballot papers
- 339 Other offences relating to ballot papers etc.
- 339A Officers not to interfere with etc. ballot-boxes or ballot papers
- 340 Prohibition of canvassing near polling booths
- 341 Badges or emblems in polling booths
- 342 Duty of witness to claim
- 343 Failure to transmit claim
- 345 Employers to allow employees leave of absence to vote
- 346 Protection of the official mark
- 347 Disorderly behaviour at meeting
- 348 Control of behaviour at polling booths etc.
- 351 Publication of matter regarding candidates
Part XXII—Court of Disputed Returns
- Division 1—Disputed Elections and Returns
- Division 2—Qualifications and vacancies
Part XXIII—Miscellaneous
- 381A Extension of time for acts by officers
- 382 General provisions about enrolment-related claims etc.
- 383 Injunctions
- 384 Prosecution of offences
- 385 Certificate evidence
- 385A Evidence of authorship or authorisation of material
- 386 Disqualification for bribery and undue influence
- 387 Electoral matters to be sent free by post
- 387A Service of process by mail
- 388 Averments deemed to be proved
- 389 Defendant may be called upon to give evidence
- 390 Production of claims for enrolment etc.
- 390A Claims for enrolment etc. not to be subject to warrants
- 391 Record of claims for enrolment etc.
- 392 Forms
- 393A Preservation of documents
- 394 No State referendum or vote to be held on polling day
- 395 Regulations
Schedule 1—Forms
Schedule 2—Grounds of application for postal or pre-poll vote
Schedule 3—Rules for the conduct of a preliminary scrutiny of declaration votes
- Endnotes