Commonwealth Consolidated Acts Commonwealth Consolidated ActsNotwithstanding any other provision of this Act, before or after the day appointed for any election the person causing the writ to be issued may, by notice published in the Gazette , provide for extending the time for holding the election, or for holding the election in a specified Division, or for returning the writ, or meeting any difficulty which might otherwise interfere with the due course of the election; and any provisions so made shall be valid and sufficient and any date provided for in lieu of a date fixed by the writ shall be deemed to be the date so fixed:
Provided that:
(a) public notice shall be immediately given in the State, Territory or Division for which the election is to be held of any extension of the time for holding the election.
Commonwealth Electoral Act 1918
No. 27, 1918
Compilation No. 77
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
This compilation is in 2 volumes
Schedules
Endnotes
Each volume has its own contents
This compilation
This is a compilation of the Commonwealth Electoral Act 1918 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part XX--Election funding and financial disclosure
Division 1--Preliminary
286A Simplified outline of this Part
287 Interpretation
287AA Meaning of foreign donor
287AB Meaning of electoral expenditure
287AC Implied freedom of political communication
287A Campaign committee to be treated as part of State branch of party
287C Entities that are not incorporated
Division 1A--Registration of significant third parties and associated entities and the Transparency Register
Subdivision A--Simplified outline of this Division
287D Simplified outline of this Division
287E Object of this Division
Subdivision B--Requirement to register as a significant third party or associated entity
287F Requirement to register as a significant third party
287H Requirement to register as an associated entity
287J Expenditure incurred by persons and entities that are not registered when required to be so
287K Application for registration
287L Determining an application for registration
287M Applications for deregistration
Subdivision C--Transparency Register
287P Obligation to notify Electoral Commissioner of changes to information on Transparency Register
287Q Transparency Register to be made public etc.
287R Entry in Transparency Register prima facie evidence of information
Subdivision D--Anti - avoidance
287S Anti - avoidance
Division 2--Agents and financial controllers
Subdivision A--Simplified outline of this Division
287V Simplified outline of this Division
Subdivision B--Appointment of agents
288 Agents of political parties
289 Appointment of agents by candidates and groups
292 Effect of registration etc.
292A Evidence of appointment
292B Responsibility for action when agent of party or branch dead or appointment vacant
292C Revocation of appointment of agent of candidate or group
292D Notice of death or resignation of agent of candidate or group
Subdivision C--Nomination of financial controllers
292E Financial controllers of significant third parties and associated entities
Subdivision D--Requirements for appointment or nomination
292F Requirements for appointment or nomination
Division 3--Election funding
Subdivision A--Simplified outline of this Division
292G Simplified outline of this Division
Subdivision B--Election funding
293 Election funding for registered political parties
294 Election funding for unendorsed candidates
295 Election funding for unendorsed groups
Subdivision BA--Automatic payment of election funding of $10,000
296 Automatic payment of election funding of $10,000
Subdivision C--Claims for election funding of more than $10,000
297 Need for a claim for election funding of more than $10,000
298 Electoral expenditure incurred
298A Form of claim
298B Lodging of claim
298BA Varying a claim
298C Determination of claim
298D Payment to be made following acceptance of an interim claim
298E Payment to be made following acceptance of a final claim
298F Refusing a final claim
298G Application for reconsideration of decision to refuse a final claim
298H Reconsideration by Electoral Commission
Subdivision D--Payments of election funding
299 Recovery of amounts that are not payable
299A Method of making payments
Subdivision E--Miscellaneous
300 Death of candidates or group members
301 Varying decisions accepting claims
302 Appropriation
Division 3A--Requirements relating to donations
Subdivision A--Interpretation
302A Simplified outline of this Division
302B Definitions
302C Object of this Division
302CA Gifts made etc. for federal purposes
Subdivision B--Offences and civil penalty provisions relating to donations
302D Donations to members of the House of Representatives, Senators, registered political parties, candidates, Senate groups, significant third parties and associated entities by foreign donors
302E Donations to third parties by foreign donors
302F Gifts provided for the purposes of incurring electoral expenditure etc.
302G False affirmation or information that donor is not a foreign donor
302H Anti - avoidance
Subdivision D--Other provisions relating to offences and civil penalty provisions
302P Information relating to foreign donor status
302Q Debts due to the Commonwealth
302R Physical elements of offences
Division 4--Disclosure of donations
302V Simplified outline of this Division
303 Interpretation
304 Disclosure of gifts
305A Gifts to candidates etc.
305B Gifts to political parties and significant third parties
306 Gifts to members of the House of Representatives and Senators
306A Certain loans not to be received
306B Repayment of gifts where corporations wound up etc.
307 Nil returns
Division 5--Disclosure of electoral expenditure
307A Simplified outline of this Division
309 Returns of electoral expenditure
311A Annual returns of income and expenditure of Commonwealth Departments
313 Nil returns
314 Two or more elections on the same day
Division 5A--Annual returns by registered political parties and other persons
314AAA Simplified outline of this Division
314AA Interpretation
314AB Annual returns by registered political parties and significant third parties
314AC Amounts received
314AE Outstanding amounts
314AEA Annual returns by associated entities
314AEB Annual returns by third parties
314AEC Annual returns relating to gifts received by third parties for electoral expenditure
314AED Annual returns relating to gifts received by members of the House of Representatives or Senators
314AF Returns not to include lists of party membership
314AG Regulations
Division 5B--Electoral expenditure by foreign campaigners
314AH Simplified outline of this Division
314AI Objects of this Division
314AJ Prohibition on foreign campaigners incurring electoral expenditure or fundraising for that purpose
314AK Anti - avoidance
Division 6--Miscellaneous
314A Simplified outline of this Division
314B Disclosure of amounts given etc. for federal purposes
315 Requirement to refund payments
315A Recovery of payments
316 Investigation etc.
317 Keeping records
318 Inability to complete returns
319 Non - compliance with Part does not affect election
319A Amendment of claims and returns
320 Requirement to publish determinations, notices and returns
321 Indexation
321A Indexation of disclosure threshold
Part XXA--Authorisation of electoral matter
Division 1--Preliminary
321B Definitions
321C Objects of this Part
Division 2--Authorisation of certain electoral matter
321D Authorisation of certain electoral matter
321DA Prohibition on foreign campaigners authorising certain electoral matter
321E Extended geographical application of sections 321D and 321DA
Division 3--Information - gathering powers
321F Electoral Commissioner may obtain information and documents from persons
321G Copies of documents
321H Retention of documents
Part XXI--Electoral offences
322 Interpretation
323 Officers and scrutineers to observe secrecy
323A Officers and scrutineers not to divulge or communicate Senate election results before close of adjourned polling
324 Officers not to contravene Act etc.
325 Officers not to influence vote
325A Influencing votes of hospital patients etc.
326 Bribery
327 Interference with political liberty etc.
329 Misleading or deceptive publications etc.
330 False statements in relation to Rolls
335 Cards in polling booth
336 Signature to electoral paper
337 Witnessing electoral papers
338 Unlawfully marking ballot papers
339 Other offences relating to ballot papers etc.
339A Officers not to interfere with etc. ballot - boxes or ballot papers
340 Prohibition of certain behaviour near polling booths and pre - poll voting places
341 Badges or emblems in polling booths
342 Duty of witness to claim
343 Failure to transmit claim
345 Employers to allow employees leave of absence to vote
346 Protection of the official mark
347 Disorderly behaviour at meeting
348 Control of behaviour at polling booths etc.
351 Publication of matter regarding candidates
Part XXII--Court of Disputed Returns
Division 1--Disputed Elections and Returns
352 Interpretation
353 Method of disputing elections
354 The Court of Disputed Returns
355 Requisites of petition
356 Deposit as security for costs
357 Petition by Electoral Commission
358 No proceedings unless requirements complied with
359 Right of Electoral Commissioner to be represented
360 Powers of Court
361 Inquiries by Court
362 Voiding election for illegal practices etc.
363 Court to report cases of illegal practices
363A Court must make its decision quickly
364 Real justice to be observed
364A Provision for Court to have regard to certain rejected ballot papers
365 Immaterial errors not to vitiate election
365A Election not affected by failure of delivery arrangement
366 Errors relating to printing of party affiliations
367 Evidence that person not permitted to vote
367A Disposal of petition where election cannot be decided
368 Decisions to be final
369 Copies of petition and order of Court to be sent to House affected, Governor - General and Speaker
370 Representation of parties before Court
371 Costs
372 Deposit applicable for costs
373 Other costs
374 Effect of decision
375 Power to make Rules of Court
375A Right of Electoral Commission to have access to documents
Division 2--Qualifications and vacancies
376 Reference of question as to qualification or vacancy
377 President or Speaker to state case
378 Parties to the reference
379 Powers of Court
380 Order to be sent to House affected
381 Application of certain sections
Part XXIII--Miscellaneous
381A Extension of time for acts by officers
382 General provisions about enrolment - related claims etc.
383 Injunctions
384 Prosecution of offences
384A Application of Regulatory Powers Act
385 Certificate evidence
385A Evidence of authorship or authorisation of material
386 Disqualification for bribery and undue influence
386A Immunity from suit
387 Electoral papers to be sent free by post
387A Service of process by mail
388 Averments deemed to be proved
389 Defendant may be called upon to give evidence
390 Production of claims for enrolment etc.
390A Claims for enrolment etc. not to be subject to warrants
391 Record of claims for enrolment etc.
392 Forms
393A Preservation of documents
394 No State or Territory vote to be held on polling day
395 Regulations
396 Modifications by legislative instrument in the event of an emergency
Schedule 1--Forms
Schedule 2--Grounds of application for postal or pre - poll vote
Schedule 3--Rules for the conduct of a preliminary scrutiny of declaration votes
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Miscellaneous
