New South Wales Consolidated Acts

ELECTORAL ACT 2017

- As at 9 October 2024 
- Act 66 of 2017 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Determination of a person's residence
   6.      Circumstances in which elector deemed to be "unable to attend at a voting centre on election day"
   7.      Notes

   PART 2 - ELECTORAL ADMINISTRATION

           Division 1 - New South Wales Electoral Commission

   8.      Constitution of Electoral Commission
   9.      Members of Electoral Commission
   10.     Functions of Electoral Commission

           Division 2 - Electoral Commissioner

   11.     Electoral Commissioner
   12.     Functions of Electoral Commissioner
   13.     Conducting elections for other organisations
   14.     Electoral Commissioner not required to vote

           Division 3 - Staff of Electoral Commission and delegations

   15.     Staff of Electoral Commission
   16.     Delegation

   PART 3 - REDISTRIBUTION OF ELECTORAL DISTRICTS

           Division 1 - Electoral Districts Redistribution Panel

   17.     Establishment of Electoral Districts Redistribution Panel
   18.     Provisions relating to Redistribution Panel
   19.     Application of Royal Commissions Act 1923 to Redistribution Panel

           Division 2 - Redistribution of electoral districts

   20.     Governor to advise Redistribution Panel that redistribution is required
   21.     Criteria for distributions
   22.     Public notice of redistribution
   23.     Preparation of draft redistribution determination
   24.     Manner of identifying boundaries of electoral districts
   25.     Public notice of draft redistribution determination
   26.     Public hearing
   27.     Revised redistribution determination
   28.     Final determination of redistribution to be given to Governor
   29.     Proclamation by Governor of names and maps of electoral districts

   PART 4 - ENTITLEMENT TO ENROL AND VOTE

   30.     Entitlement to enrol
   31.     Entitlement to vote

   PART 5 - ENROLMENT PROCEDURES AND INFORMATION

           Division 1 - Enrolment

   32.     Compulsory enrolment: obligation to enrol and keep enrolment details updated
   33.     Means of enrolment
   34.     Enrolment by Electoral Commissioner on Electoral Commissioner's initiative
   35.     Enrolment by Electoral Commissioner in response to application
   36.     Silent electors: request for address to be omitted from authorised rolls or any other list of electors
   37.     Registered early voters

           Division 2 - Complaints regarding enrolment

   38.     Complaints to be made to Electoral Commissioner
   39.     Electoral Commissioner to investigate and deal with complaints

           Division 3 - Civil and Administrative Tribunal review of decisions regarding enrolment

   40.     Review by Civil and Administrative Tribunal

           Division 4 - Electoral Information Register

   41.     Register of information relating to electors
   42.     Maintenance of Electoral Information Register
   43.     Electoral Information Register not available for public inspection

           Division 5 - Collection of electoral information

   44.     Collection and maintenance of electoral information
   45.     Persons who are to provide information

           Division 6 - Authorised rolls

   46.     Authorised roll of electors to be prepared for each election
   47.     Public inspection of authorised roll during election period

           Division 7 - Inspection of authorised rolls and lists of enrolled persons and provision of enrolment information
           Note

   48.     Electoral Commissioner to determine manner and form of access to list of electors and enrolment information
   49.     Provision of enrolment information to parties, members and candidates
   50.     Provision of enrolment information to other persons
   51.     Use of enrolment information
   52.     Prohibition of disclosure or commercial use of enrolment information
   53.     Access by an individual to information about the individual
   54.     Division does not affect arrangements with Commonwealth

           Division 8 - Miscellaneous

   55.     Privacy--non-disclosure of information
   56.     Arrangement with Commonwealth

   PART 6 - REGISTRATION OF POLITICAL PARTIES

   57.     Interpretation
   58.     Register of Parties
   59.     Application for registration
   60.     Notice of application for registration
   61.     Registration
   62.     Parties and logos not to be registered during election
   63.     Entitlements resulting from party registration not available until 12 months after registration
   64.     Refusal to register
   65.     Electoral Commissioner may request statement of current structure be provided
   66.     Amendment of Register
   67.     Annual returns and other inquiries with respect to continued registration or applications for registration
   68.     Cancellation of registration
   69.     Form of Register
   70.     Public access to Register
   71.     Statutory declarations
   72.     False statements
   73.     Evidence

   PART 7 - CONDUCT OF PARLIAMENTARY ELECTIONS

           Division 1 - Writs for elections
           Note

   74.     Date of issue of general election writs
   75.     Content of writs
   76.     Issue of writs in special circumstances
   77.     Duties of Electoral Commissioner on receipt of writ
   78.     Meeting of Assembly and Council after return of writs
   79.     Issue of writ to be delayed where member seeks election to Commonwealth Parliament

           Division 2 - Election administration

   80.     General conduct of Assembly and Council elections
   81.     Election officials, election managers and voting centre managers
   82.     Person ceases to be election official on becoming a candidate

           Division 3 - Nominations

   83.     Requirements for nomination
   84.     Method of nomination
   85.     Nomination must be accompanied by child protection declaration
   86.     Grouping of periodic Council election candidates
   87.     If group falls below 15 members
   88.     Nomination deposit
   89.     Withdrawal of nomination
   90.     Dual nominations
   91.     Member of Commonwealth Parliament ineligible for Assembly or Council
   92.     Proceedings after nomination day--no election is required
   93.     Proceedings after nomination day--election is required

           Division 4 - Child protection declarations by candidates

   94.     Definitions
   95.     Child protection declarations
   96.     Duties of Electoral Commissioner with respect to child protection declarations
   97.     Duties of Children's Guardian with respect to child protection declaration
   98.     Duty of persons to assist the Children's Guardian
   99.     Reports presented to Presiding Officer of House of Parliament

           Division 5 - Ballot papers

              Subdivision 1 - General

   100.    Ballot papers to be prepared and printed by Electoral Commissioner
   101.    Assembly election ballot papers
   102.    Periodic Council election ballot papers
   103.    Ballot papers may be photocopied, written or otherwise reproduced

              Subdivision 2 - Party or independent identification on ballot papers

   104.    Notification of party nomination
   105.    Notification of independent candidacy
   105A.   Request for use of independent candidate logo
   106.    Printing of party name etc on ballot papers
   106A.   Printing of party logo on ballot papers
   106B.   Printing of independent candidate logo on ballot papers
   107.    Form of party name on ballot papers

           Division 6 - Voting centres

              Subdivision 1 - General

   108.    Appointment of voting centres
   109.    Hours of operation of voting centres
   110.    Voting centres at licensed premises
   111.    Use of prescribed premises as voting centres
   112.    Voting centre managers to be provided materials and equipment

              Subdivision 2 - Special provisions for early voting centres

   113.    Voting before election day
   114.    Hours of operation of early voting centres
   115.    Security of early voting ballot boxes
   116.    Electoral Commissioner may determine that enrolment voting provisions do not apply at early voting centres outside New South Wales

              Subdivision 3 - Special provisions for mobile voting centres

   117.    Declared facility
   118.    Procedure for voting in mobile voting centres

           Division 7 - Scrutineers

   119.    Appointment of scrutineers
   120.    Entitlements of scrutineers to be present during voting and counting
   121.    Offences relating to scrutineers

           Division 8 - Ordinary voting at district voting centres

   122.    Application of Division
   123.    Who may be present at voting centre
   124.    Ballot box to be exhibited before voting commences
   125.    Permission to be granted to employees to go to voting centre
   126.    Where elector may vote
   127.    Questions to be put to voter
   128.    Questions to be put if voter challenged
   129.    Silent electors
   130.    Errors not to forfeit vote
   131.    Elector to receive ballot paper
   132.    Method of recording votes
   133.    Spoilt ballot papers
   134.    Assistance to certain electors

           Division 9 - Declaration voting at voting centres

              Subdivision 1 - Types of declaration voting

   135.    Absent voters
   136.    Absent silent electors
   137.    Provisional voting

              Subdivision 2 - Procedures relating to declaration voting

   138.    Manner and form of declaration
   139.    Applications for enrolment to be forwarded to Electoral Commissioner
   140.    Casting a declaration vote
   141.    Forwarding of declaration envelopes to Electoral Commissioner

              Subdivision 3 - Preliminary scrutiny of declaration votes

   142.    Acceptance of ballot paper for further scrutiny

           Division 10 - Postal voting

   143.    Application for a postal vote
   144.    Issue of ballot papers to registered early voters
   145.    Issue of ballot papers to postal vote applicants
   146.    Retention of applications
   147.    Postal ballot papers to be initialled
   148.    Directions for postal voting
   149.    Preliminary scrutiny of postal ballot papers
   149A.   Saving of certain postal ballot papers
   150.    Spoilt postal ballot paper

           Division 11 - Technology assisted voting

   151.    Definitions
   152.    Meaning of "eligible elector"
   153.    Application to vote by means of technology assisted voting
   154.    Electoral Commissioner to determine applications
   155.    Electoral Commissioner to approve procedures for technology assisted voting
   156.    Independent auditing of technology assisted voting
   157.    Independent monitoring of technology assisted voting
   158.    Scrutineers
   159.    Secrecy relating to technology assisted voting
   160.    Protection of computer hardware and software
   161.    Regulations relating to technology assisted voting
   162.    Electoral Commissioner may determine that technology assisted voting is not to be used

           Division 12 - Determination of election results

   163.    Appointment of ballot counting place
   164.    Counting of votes
   165.    Informal ballot papers
   166.    Decision of Electoral Commissioner re validity of ballot paper
   167.    Periodic Council elections--votes recorded in group voting squares
   168.    Periodic Council elections--special provision where minimum size of group reduced by death of candidate etc
   169.    Security of packages of ballot papers etc
   170.    Packages of declaration votes, ballot papers etc
   171.    Ascertaining result of election by Electoral Commissioner
   172.    Recount
   173.    Declaration of election result
   174.    Scrutiny for statistical information
   175.    Security of election materials and electronic resources

           Division 13 - Adjournment of voting

   176.    Adjournment of voting
   177.    Temporary suspension of voting

           Division 14 - Provisions relating to activities during regulated periods

              Subdivision 1 - Preliminary

   178.    Application of provisions to grounds of voting centre enclosure
   179.    Certain lessees of premises taken to be owners

              Subdivision 2 - Non-complying electoral material

   180.    Non-complying electoral material
   181.    Non-complying electoral material--additional provisions regarding how-to-vote cards
   182.    Electoral matter involving joint voting directions

              Subdivision 3 - Offences applicable during regulated period

   183.    Printing, publishing and distributing non-complying electoral material
   184.    Display of posters
   185.    Writing, drawing or depicting electoral matter
   186.    Name and address on electoral material
   187.    Authorisation of advertisements on electronic billboards, digital road signs etc to be displayed
   187A.   Authorisation of automated telephone calls
   188.    Publication of paid electoral advertisements on the internet
   189.    Encouraging ticks or crosses on ballot papers
   190.    Defences and exceptions

              Subdivision 4 - Additional offences applicable on early voting days

   191.    Display of posters on early voting days at early voting centres
   192.    Canvassing on early voting days at early voting centres
   193.    Interference with posters

              Subdivision 5 - Additional offences applicable on election days

   194.    Extended operation of this Subdivision
   195.    Distribution of electoral material on election days
   196.    Display of posters on election days
   197.    Interference with posters
   198.    Canvassing on election days

              Subdivision 6 - Registration of electoral material

   199.    Application for registration of electoral material
   200.    Consideration of application for registration
   201.    Registration of electoral material
   202.    Revocation of registration or imposition of condition on registration

              Subdivision 7 - Miscellaneous

   203.    Maintenance of order at and near voting centres
   204.    Removal and confiscation of posters and other electoral material
   205.    Official notices
   206.    Double jeopardy
   206A.   Voting centre managers and election officials to consider guidelines before enforcing "6-metre" rules

           Division 15 - Offences

   207.    Offence of failing to vote
   208.    Obstructing access to voting centre
   209.    Electoral bribery, treating and selling of votes
   210.    Interference with right to vote
   211.    Ballot papers not to be removed from voting centre etc
   212.    Impersonation and multiple voting
   213.    Disorderly conduct at public political meetings
   214.    Opening sealed packages
   215.    Display, publish or distribute material falsely appearing to be made by Electoral Commission
   216.    False or misleading declaration and statements
   217.    Improperly signing or witnessing electoral papers
   218.    Forging or uttering electoral papers
   219.    Offence of stuffing ballot box

           Division 16 - Miscellaneous provisions relating to elections

   220.    Death of candidate during election period
   221.    Election not to be questioned for omission etc of a formal nature
   222.    Election information
   223.    Signatures and marks on electoral papers and ballot papers

   PART 8 - COURT OF DISPUTED RETURNS

           Division 1 - Constitution and powers

   224.    Court of Disputed Returns
   225.    Powers of Court
   226.    Court to sit as open court
   227.    Real justice to be observed
   228.    Decisions to be final
   229.    Effect of decisions
   230.    Power to make Rules of Court
   231.    Regulations regarding court fees

           Division 2 - Disputed elections and returns

   232.    Application of Division
   233.    Method of disputing elections or returns
   234.    Requirements of petition
   235.    Right of Electoral Commissioner to be represented
   236.    Inquiries by Court
   237.    Voiding election for illegal practices
   238.    Court to report cases of illegal practices
   239.    Immaterial errors not to void election
   240.    Evidence that person not permitted to vote
   241.    Copies of petition and order of court to be sent to Clerk of Assembly or Council
   242.    Australian legal practitioner
   243.    Costs
   244.    Deposits applicable for costs
   245.    Other costs

           Division 3 - Qualifications and vacancies

   246.    Reference of question as to qualification or vacancy
   247.    Speaker or President to state case
   248.    Parties to the reference
   249.    Powers of Court
   250.    Order to be sent to House affected
   251.    Application of certain sections

           Division 4 - Disputed election to fill casual vacancies in Legislative Council

   252.    Application of Division
   253.    Application of Divisions 1 and 2 to elections to fill casual vacancies in Legislative Council

   PART 9 - ENFORCEMENT

           Division 1 - General

   254.    Proceedings for offences
   255.    Proof of certain matters not required
   256.    Certificate evidence relating to enrolment
   257.    Prosecution of parties that are unincorporated associations
   258.    Enforcement powers of Electoral Commission

           Division 2 - Penalty notices

              Subdivision 1 - Penalty notice for offence of failing to vote

   259.    Penalty notices for offence of failing to vote
   260.    Notation on list of non-voters of response to penalty notice
   261.    List to be evidence
   262.    Opening sealed packages containing rolls used at election

              Subdivision 2 - Penalty notice for other offences

   263.    Penalty notices

   PART 10 - MISCELLANEOUS

           Division 1 - Matters relating to conduct of elections

   264.    Destruction of ballot papers and other documents
   265.    Payment of expenses
   266.    Provision as to Sunday and public holidays

           Division 2 - General

   267.    Regulations
   267A.   Additional functions of relevant parliamentary oversight committee
   268.    Disclosure of information
   269.    Status of approvals
   270.    Publication of approvals
   271.    Review of general elections and by-elections

           Division 3 - (Repealed)
           None
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8