ELECTORAL ACT 1992

Australian Capital Territory Current Acts

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ELECTORAL ACT 1992

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Name of Act
3. Dictionary
3A. Offences against Act—application of Criminal Code etc
3B. Objects of Act
4. Meaning of electoral matter
4A. Meaning of available for public inspection

PART 2--AUSTRALIAN CAPITAL TERRITORY ELECTORAL COMMISSION

Division 2.1--Establishment and independence of electoral commission

5. Establishment
6. Constitution of commission
6A. Officer of the Legislative Assembly
6B. Independence of member of the electoral commission

Division 2.2--Functions of electoral commission

7. Functions of electoral commission
10A. Special reports by electoral commission

Division 2.3--Functions of electoral commissioner

11. Functions of commissioner etc

Division 2.4--Appointment of members of electoral commission

12. Appointment
12A. Acting appointment—commissioner
12B. Eligibility for appointment as electoral commission member
12C. Eligibility for appointment as chairperson
13. Term of appointment

Division 2.5--Other provisions applying to electoral commission members

14. Oath or affirmation of office
15. Disclosure of interests—generally
16. Electoral commission member must not do inconsistent work etc
17. Resignation
18. Retirement
18A. Suspension—generally
18B. Suspension—relevant Assembly committee notice and meetings
18C. Suspension—ending suspension
18D. Ending of appointment
18E. Leave of absence

Division 2.6--Electoral commission meetings

19. Procedure
21. Disclosure of interests—meetings

Division 2.7--Staff of electoral commissioner etc

31. Commissioner's staff
32. Temporary staff and consultants
33. Officers
33A. Staff not subject to direction from others
33B. Delegation by electoral commission
33C. Delegation by commissioner

PART 4--ELECTORATES

34. Multimember electorates
35. Redistribution of electorates
36. Factors relevant to redistribution
37. Timing of redistributions
38. Suspension of redistribution process—extraordinary elections
39. Redistribution committees
40. Meetings of redistribution committee
41. Suggestions and comments about redistribution
42. Outline of proposal
43. Proposed redistribution
44. Notification and publication of proposal
45. Dissolution of redistribution committee
46. Objections
47. Augmented electoral commission
48. Meetings of augmented electoral commission
49. Investigation of objections
50. Redistribution—proposal by augmented electoral commission
51. Publication of augmented electoral commission's proposal
52. Objections to augmented electoral commission's proposal
53. Report by augmented electoral commission and public announcement
54. Report to Legislative Assembly
55. Decisions are final
56. Validity not affected

PART 5--ELECTORAL ROLLS

57. Rolls of ACT electors and electorates
58. Contents of roll
59. Meaning of extract from roll
60. Inspection of printed roll extracts
61. Supply of printed roll extracts to MLAs etc
62. Supply of roll extracts in electronic form to MLAs etc
63. Use of roll extracts
65. Provision of roll information to prescribed authorities
66. Maintenance of rolls
67. Power to require information
68. Notice of registered deaths
69. Disclosure of roll information
70. Joint roll arrangements with Commonwealth

PART 6--ENROLMENT

71. Persons taken not to be enrolled on Commonwealth roll
71A. Address of person serving sentence of imprisonment
72. Entitlement
73. Compulsory enrolment etc—residents
74. Eligible overseas electors
75. Age 16 enrolment
76. Enrolment etc
77. Suppression of elector's address
78. Inclusion of particulars on roll following suppression
79. Suppression of elector's address pending review
81. Objections to enrolment
82. Record of claims for enrolment
83. Processing enrolment claims
84. Transmission of enrolment claims
85. Production of claims for enrolment before a court
86. Claims for enrolment not subject to warrants

PART 7--REGISTRATION OF POLITICAL PARTIES

87. Meaning of address—pt 7
88. Register of political parties
89. Application for registration of political party
90. Further information about application for political party
91. Notification and publication of applications
91A. Objections to applications and responses
92. Registration of political parties
93. Refusal of applications for registration
94. Amendment of applications for registration
95. Changes to particulars in register
95A. Objection to continued use of name
95B. When certain action cannot be taken
96. No action under pt 7 during pre-election period
96A. Who can be a registered officer
97. Deputy registered officer
97A. Information about political parties
98. Cancellation of registration of political parties
99. Use of party name after cancellation
99A. General requirements about constitutions of registered parties

PART 8--TIMING OF ELECTIONS

100. Ordinary elections
101. Extraordinary elections
102. Polling day

PART 9--ARRANGEMENTS FOR ELECTIONS

Division 9.1--Nominations

103. Eligibility—MLAs
104. Qualifications for nomination
105. Candidates to be nominated
105A. Number of candidates nominated
106. Multiple nominations invalid
107. Withdrawal etc of consent to nomination
108. Place and hour of nomination
109. Declaration of candidates
110. Rejection of nominations
110A. Publication of information about candidates
111. Need for a poll
112. Death of candidate before polling day
113. Deposit—return or forfeiture

Division 9.2--Ballot papers

114. Ballot papers
115. Grouping of candidates' names
116. Printing of ballot papers
117. Names on ballot papers
118. Draw for positions on ballot papers

Division 9.3--Electronic voting and vote counting

118A. Approval of computer program for electronic voting and vote counting
118AA. Arrangements for electronic voting
118AB. Approval of electronic devices for electronic voting
118B. Security of electronic voting devices and computer programs

Division 9.4--Miscellaneous

119. Polling places and scrutiny centres
120. Administrative arrangements
121. Certified extracts and certified lists of electors
121A. Use of information from certified extracts or certified lists
122. Scrutineers—appointment
123. Scrutineers—conduct
124. Participation by candidates in conduct of election
125. Determining matters by lot
126. Supplementary elections

PART 10--VOTING

Division 10.1--General

128. Entitlement to vote
129. Compulsory voting
130. Multiple votes prohibited
131. Procedures for voting
132. Manner of recording vote

Division 10.2--Ordinary voting at a polling place

133. Claims to vote
134. Voting in private

Division 10.3--Declaration voting at a polling place

135. Declaration voting at polling places

Division 10.4--Voting otherwise than at a polling place

136. Definitions for div 10.4
136A. Applications for postal voting papers
136B. Declaration of early polling places
136C. Ordinary voting in ACT before polling day
136D. Declaration voting in ACT before polling day
136E. Arrangements at early polling places
136F. Declaration of days and times for declaration voting outside ACT on or before polling
136G. Declaration voting outside ACT on or before polling day
136H. Electronic voting outside Australia on or before polling day
136I. Telephone voting by electors with a visual impairment on or before polling
137. Record of issue of declaration voting papers
138. Inspection of records
139. Receipt of declaration voting papers
140. Registered declaration voters
141. Issue of voting papers to registered declaration voters
142. Correcting formal errors
143. Soliciting applications for postal declaration votes
144. Transmission of applications for postal declaration votes
144A. Requirements for casting postal votes
145. Interference with declaration voting
146. Soliciting completed declaration votes
147. Transmission of completed declaration votes
148. Opening envelopes containing declaration votes

Division 10.5--Mobile polling

149. Definitions for div 10.5
149A. Declaration of special hospitals
149B. Declaration of homelessness polling places
150. Mobile polling—institutions
150A. Mobile polling—homelessness polling places
151. Functions of visiting officers
152. Failure to visit institution or homelessness polling place
153. Custody of ballot boxes and electoral papers

Division 10.6--Miscellaneous

154. Arrangements at polling places
155. Particulars on ballot papers before issue
156. Assistance to voters
156A. Assistance to voters unable to enter polling place
157. Spoilt ballot papers
158. Custody of ballot boxes and electoral papers
159. Extension of time for conducting elections
160. Suspension and adjournment of polling
160A. Suspension and resumption of electronic voting for eligible electors

Division 10.7--Failure to vote

161. Default notice
162. First notice
163. Second notice
164. Final notice
165. Discharge of liability
166. Response on behalf of elector

PART 11--POLLING IN ANTARCTICA

167. Definitions for pt 11
167A. Declaration of ship as a station
167B. Approval of ways of transmission
168. Returning officers and assistants for Antarctic stations
170. Application of Act to polling in Antarctica
171. Antarctic electors
172. Arrangements for the polling in Antarctica
173. Conduct of the polling
174. Claims to vote
175. Proceedings at close of poll
176. Result of polling in Antarctica
177. Preservation of documents

PART 12--THE SCRUTINY

178. Scrutiny
179. Preliminary scrutiny of declaration voting papers etc
180. Formality of ballot papers
181. Death of candidate
182. First count—ordinary ballot papers
183. First count—declaration ballot papers
183A. First count—electronic ballot papers
184. Second count—first preferences
185. Ascertaining result of poll
186. Objections by scrutineers
187. Recount of ballot papers
187A. Application for recount of ballot papers etc
187B. Review of decision of commissioner to refuse to arrange for
187C. Recount of electronic scrutiny of ballot papers
188. Reservation of disputed ballot papers
189. Declaration of result of election

PART 13--CASUAL VACANCIES

190. Definitions for pt 13
191. Notice of casual vacancy
192. Candidates for casual vacancy
193. Publication of candidates' details
194. Determination of candidate to fill vacancy
195. Assembly nominees
196. Term of office of MLA declared elected under pt 13
197. Dissolution or pre-election period

PART 14--ELECTION FUNDING, EXPENDITURE AND FINANCIAL DISCLOSURE

Division 14.1--Preliminary

198. Definitions for pt 14
198A. Reference to things done by party etc
198AA. Meaning of gift—pt 14
198B. Candidate remains candidate after election
199. Related bodies corporate
200. Activities of candidates and prospective candidates
201. Disclosure periods
202. Gifts—determination of amounts
202A. When person or entity incurs electoral expenditure—pt

Division 14.2--Reporting agents

203. Appointed agents
204. Non-appointed agents
205. Registers of reporting agents

Division 14.2B--Limitations on electoral expenditure

205C. Meaning of electoral expenditure—div 14.2B
205D. Meaning of expenditure cap—div 14.2B
205E. Working out indexation for expenditure cap
205F. Limit on electoral expenditure—party groupings
205G. Limit on electoral expenditure—MLAs, associated entities, candidates and

Division 14.2C--Limit on spending—payments from related party

205K. Limit on spending—payments from related party

Division 14.3--Election funding

206. Who eligible votes are cast for
207. Entitlement to funds
208. Threshold
212. Making of payments
214. Death of candidate
215. Application voluntary

Division 14.3A--Administrative expenditure funding

215A. Period between polling day and declaration of poll
215B. Eligibility of party for payment for
215C. Payment to eligible parties for administrative expenditure
215D. Eligibility of non-party
215E. Payment to non-party MLAs for administrative expenditure
215F. Working out indexation for administrative expenditure
215G. Payments for administrative expenditure not to be used for electoral

Division 14.4--Gifts and certain loans—records and disclosure

215H. Application—div 14.4
216. Definitions—div 14.4
216A. Records and regular disclosure of gifts
217. Disclosure of gifts by non-party candidates
218A. Certain loans not to be received
219. Nil returns
220. Disclosure of gifts by third-party campaigners
222. Restrictions on acceptance of gifts

Division 14.4A--Gifts from property developers

222A. Application—div 14.4A
222B. Definitions—div 14.4A
222C. Meaning of property developer—div 14.4A
222D. Meaning of close associate—div 14.4A
222E. Meaning of relevant planning application—div 14.4A
222F. Ban on gifts from property developers etc—less than $250
222G. Ban on gifts from property developers etc—$250 or more
222H. Ban on acceptance of gifts from property developers etc—less than $250
222I. Ban on acceptance of gifts from property developers etc—$250 or
222J. Gifts from people that become property developers etc
222K. Declaration that corporation not a property developer

Division 14.4B--Gifts from foreign entities

222L. Application—div 14.4B
222M. Definitions—div 14.4B
222N. Ban on gifts given by or on behalf of foreign entities—less than
222O. Ban on gifts given by or on behalf of foreign entities—$250 or
222P. Ban on acceptance of gifts given by or on behalf of foreign entities—less than
222Q. Ban on acceptance of gifts given by or on behalf of foreign entities—$250 or

Division 14.5--Disclosure of electoral expenditure

223. Definitions for div 14.5
224. Returns of electoral expenditure
225. Nil returns
226. Returns by broadcasters and publishers
227. Multiple elections on same day

Division 14.6--Annual returns

228. Meaning of defined particulars for div 14.6
230. Annual returns by parties and MLAs
231. Periods of less than financial year
231B. Annual returns by associated entities
232. Amounts received
234. Outstanding amounts
234A. Regulations

Division 14.7--Compliance

235. Definitions for div 14.7
236. Offences
237. Investigation notices generally
237A. Investigation notices about associated entities
237B. Investigation notice offences
238. Investigation—search warrants
239. Records

Division 14.8--Miscellaneous

240. Inability to complete returns
241. Noncompliance with pt 14
242. Amendment of returns
243. Copies of returns to be available for public inspection
243AA. Exception for making copies of returns available for inspection
243A. Commissioner must publish certain information given under s 216A

PART 15--NOTIFICATION AND REVIEW OF DECISIONS

244. Meaning of internal review notice—Act
245. Definitions—pt 15
246. Internal review notices
247. Applications for internal review
248. Stay of reviewable decisions
249. Review by electoral commission
249A. Reviewable decision notices
249B. Applications for review

PART 16--DISPUTED ELECTIONS, ELIGIBILITY AND VACANCIES

Division 16.1--Preliminary

250. Definitions for pt 16
251. Meaning of Speaker for pt 16

Division 16.2--Jurisdiction and powers of Supreme Court

252. Court of Disputed Elections
253. Powers of the court
255. Decisions are final

Division 16.3--Disputed elections

256. Validity may be disputed after election
257. Persons entitled to dispute elections
258. Form of application
259. Time for filing application
260. Deposit as security for costs
261. Registrar to serve copies of application on certain persons
262. Parties to application under div 16.3
263. Withdrawal and abatement of application
264. Hearing of applications
265. Declarations and orders
266. Illegal practices
267. Bribery or undue influence by person elected
268. Immaterial delays and errors
269. Inquiries by court
270. Rejected ballot papers
271. Evidence that persons were not permitted to vote
272. Inspection of electoral papers
273. Commissioner not prevented from accessing documents
274. Registrar to serve copies of declarations on certain persons
275. Effect of declarations

Division 16.4--Eligibility and vacancies

276. Speaker to state case
277. Parties to a referral
278. Declarations and orders
279. Registrar to serve copy of declarations on Speaker
280. Effect of declarations

Division 16.5--Proceedings

281. Procedure
282. Legal representation limited
283. Admissibility of evidence
284. Costs may be ordered against Territory

PART 17--ELECTORAL OFFENCES

Division 17.1--Bribery and improper influence

285. Bribery
286. Influencing of votes by officers
287. Influencing votes of hospital and nursing home patients

Division 17.2--Protection of rights

288. Violence and intimidation
289. Discrimination on grounds of certain gifts
290. Employees' right to leave of absence for voting

Division 17.3--Campaigning offences

291. Definitions for div 17.3
292. Dissemination of unauthorised electoral matter
293. Exceptions for news publications
293A. Exception for electoral matter disseminated on social media by individuals acting in
294. Exceptions for dissemination of electoral matter on certain items
295. Exception for certain Commonwealth licence holders
296. Advertorials
297. Misleading electoral matter affecting casting of vote
297A. Misleading electoral advertising
298. Inducement to illegal voting—representations of ballot papers
299. Graffiti
300. Defamation of candidates
301. Publication of statements about candidates
302. Disruption of election meetings
303. Canvassing within 100m of polling places
304. Badges and emblems in polling places
305. How-to-vote material in polling places
306. Evidence of authorisation of electoral matter

Division 17.4--Electronic voting offences

306A. Interfering with electronic voting devices etc
306B. Interfering with electronic counting devices etc

Division 17.5--Voting fraud

307. Voting fraud

Division 17.6--Electoral papers

310. Electoral papers—forfeiture
311. Electoral papers—unauthorised possession
313. Electoral papers—defacement etc
314. Electoral papers—signatures
315. Electoral papers—witnesses
315A. Ballot papers—photographs

Division 17.7--Official functions

316. Improper influence—members of electoral commission etc
317. Unauthorised actions by officers
318. Identification of voters and votes
319. Responses to official questions
320. Control of behaviour at voting centres

PART 18--ENFORCEMENT PROCEEDINGS

Division 18.1--Injunctions

321. Restraining conduct
322. Requiring things to be done
323. Commissioner not required to give undertakings as to damages
324. Powers of the court

Division 18.2--Prosecutions

325. Investigation of complaints
326. Commissioner may prosecute enrolment and voting offences
327. Service of certain process by mail

PART 19--MISCELLANEOUS

328. Extension of time for acts by officers
329. Restrictions on sending completed ballot and voting papers by fax
330. Forms—provision and assistance
332. Correcting delays, errors and omissions
333. Voting statistics to be published
334. Collecting further statistical information
335. Storage and destruction of electoral papers
336. Administrative arrangements with Commonwealth and States
337. Evidentiary certificates
338. Acts and omissions of representatives
339. Assistance for Speaker
340. Head of service to provide assistance etc
340A. Approved forms
340B. Determination of fees
341. Regulation-making power
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
DICTIONARY
ENDNOTES

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