Queensland Numbered Acts

LOCAL GOVERNMENT ELECTORAL ACT 2011 NO. 27 PUBLISHED IN ACCORDANCE WITH SECTION 208A AS INSERTED BY THE LOCAL GOVERNMENT ELECTORAL (DECLARATION) AMENDMENT ACT 2011, NO. 30.

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
   3.      Purpose of this Act
   4.      Definitions
   5.      Particular references in this Act
   6.      References to divisions includes wards
   7.      Meaning of conclusion of local government election
           Part 2--Administration
           Division 1--Electoral commission
   8.      Additional functions and powers of electoral commission
           Division 2--Electoral officers for local government elections
   9.      Returning officers
   10.     Assistant returning officers
   11.     Presiding officers
   12.     Issuing officers
   13.     Membership of a political party ends particular appointments
   14.     Obligation to notify of membership of a political party
   15.     Returning officer may act through other officers
   16.     Assistant returning officer may act through other officers
           Part 3--Voters rolls
   17.     Returning officer must compile voters roll
   18.     Cut off day for compiling voters roll
   19.     Requirements of voters roll
   20.     Inspection of voters roll
   21.     Supply of voters roll to candidates
           Part 4--Local government elections
           Division 1--Local government elections
   22.     Types of elections
   23.     Date of quadrennial elections
   24.     Date of by-elections
           Division 2--Candidates for local government elections
           Subdivision 1--Nominations of candidates
   25.     Calling for nominations
   26.     Who may be nominated
   27.     How and when nomination takes place
   28.     Grounds for deciding a person is not properly nominated
   29.     Effect of multiple nominations
   30.     Withdrawal of consent to nomination
   31.     Certification of nominations
   32.     Announcement of nominations
   33.     Death of candidate
   34.     Procedure if number of candidates not more than number required
   35.     Procedure if number of candidates exceeds number required
   36.     Procedure on death of candidate when poll to be conducted
   37.     If successful candidate dies
   38.     Extension of times
           Subdivision 2--Deposits accompanying nomination
   39.     Deposit to accompany nomination
   40.     Disposal of deposits generally
           Subdivision 3--Recording of membership and agents for group of candidates
   41.     Record of membership in group of candidates
   42.     Appointment of agent for group of candidates
   43.     Register of group agents
           Division 3--Arrangements for local government elections
           Subdivision 1--Polls by ballots
   44.     Poll by ballot
   45.     Direction that poll be conducted by postal ballot
           Subdivision 2--Polling booths
   46.     Kinds of polling booths
   47.     Polling booths—general
   48.     Provision of ordinary polling booths
   49.     Declaration of mobile polling booths
   50.     Declaration of early polling booths
   51.     Duty of person in charge of institution
   52.     Privacy for electors casting votes at polling booths
   53.     Adjournment of poll
           Subdivision 3--Ballot boxes, ballot papers and other documents
   54.     Ballot boxes generally
   55.     Requirements of ballot papers
   56.     Ballot papers for separate polls
   57.     Order of candidates' names on ballot papers
   58.     Distribution of ballot papers
           Subdivision 4--Scrutineers
   59.     Candidates' entitlement to scrutineers
   60.     Appointment of scrutineers
   61.     Proof of identification
   62.     Powers of scrutineers
           Subdivision 5--Errors, omissions or delays
   63.     Correction of errors, omissions or delays
           Division 4--Who may vote
   64.     Who may vote
           Division 5--How voting takes place
           Subdivision 1--System of voting
   65.     System of voting
   66.     Compulsory voting
           Subdivision 2--Casting votes
   67.     Ways in which to cast votes
   68.     Who may cast votes in particular ways
   69.     Who must complete a declaration envelope
   70.     Casting an ordinary vote
   71.     Casting a pre-poll vote
   72.     Casting a postal vote
   73.     Voting hours for polling booths
   74.     Particular responsibilities of returning officer when electors cast postal votes
   75.     Particular responsibilities of issuing officers when electors cast ordinary or pre-poll votes
           Subdivision 3--Special arrangements for particular voters
   76.     Arrangements for electors at hospitals etc.
   77.     Arrangements for electoral visitor voting
   78.     Help for electors voting
           Subdivision 4--Distribution of ballot papers
   79.     Applications to cast postal votes in local government elections that are not postal ballot elections
   80.     Distribution of ballot papers to electors for postal ballot elections
   81.     Applications to cast postal votes in postal ballot elections
   82.     Distribution of ballot papers to particular electors whose address has been omitted from a voters roll
           Subdivision 5--Recording a vote on ballot papers
   83.     How electors must record a vote on a ballot paper—optional-preferential voting
   84.     How electors must record a vote on a ballot paper—first-past-the-post voting
   85.     Replacement ballot papers
           Division 6--Formal and informal votes
   86.     Formal and informal ballot papers—optional-preferential voting
   87.     Formal and informal ballot papers—first-past-the-post voting
   88.     Ballot paper partly formal and partly informal
           Division 7--Counting of votes
           Subdivision 1--Processing declaration envelopes
   89.     Preliminary processing of declaration envelopes—general
   90.     Preliminary processing of declaration envelopes—postal ballot election
   91.     Procedure for processing declaration envelopes
           Subdivision 2--Preliminary counts
   92.     Preliminary counting of ordinary votes
   93.     Objections by scrutineers during preliminary count
   94.     Receipt of things given to returning officer
           Subdivision 3--Official count
   95.     Official counting of votes
   96.     Objections by scrutineers during official count
           Subdivision 4--Deciding results of local government elections
   97.     Counting of votes for optional-preferential system
   98.     Counting of votes for first-past-the-post system
   99.     Returning officer's duty after counting votes
           Division 8--Notifying the results of local government elections etc.
   100.    Notifying the results of an election
   101.    Notice of results of poll to candidates
   102.    Storage and disposal of material resulting from election
   103.    Notice to electors whose ballot papers are not accepted
   104.    Notice to electoral commission of error in electoral roll
           Part 5--Fresh elections
   105.    Arrangements for fresh election
           Part 6--Electoral funding and financial disclosure
           Division 1--Preliminary
   106.    Definitions for pt 6
   107.    Meaning of gifts
   108.    Meaning of value of gifts
   109.    Meaning of relevant details for gifts
   110.    References to candidates
   111.    Agents and campaign committees
   112.    Related corporations
           Division 2--Disclosure periods
           Subdivision 1--Disclosure period for candidates
   113.    Disclosure period for candidates who are councillors
   114.    Disclosure period for candidates who were previously candidates in a local government election
   115.    Disclosure period for new candidates
           Subdivision 2--Disclosure period for groups of candidates
   116.    Disclosure period for groups of candidates
           Division 3--Disclosure by candidates
   117.    Gifts to candidates
   118.    Gifts to groups of candidates
   119.    Particular gifts not to be received
   120.    Loans to candidates or groups of candidates
   121.    Particular loans not to be received
   122.    Electoral commission to give reminder notice to candidates
           Division 4--Disclosure by third parties
   123.    Definition for div 4
   124.    Third party expenditure for political activity
   125.    Gifts received by third parties to enable expenditure for political activity
           Division 5--Operation of accounts
   126.    Requirement for candidate to operate dedicated account
   127.    Requirement for group of candidates to operate dedicated account
           Division 6--Gifts register
   128.    Register of gifts
   129.    Access to gifts register
   130.    Queries on contents of gifts register
           Division 7--Miscellaneous
   131.    Statement about returns
   132.    Amendment of returns
   133.    Things taken to be done by political party
   134.    Noncompliance with part does not affect election
           Part 7--Disputed results
           Division 1--Disputing local government elections
   135.    Definitions for div 1
   136.    Local government election may be disputed under this part
   137.    Who may dispute an election
   138.    Requirements for an application to be effective
   139.    Copies of application to be given to elected candidate and electoral commission
   140.    Application to court for order relating to documents etc.
   141.    Parties to application
   142.    How application is to be dealt with by the court
   143.    Application for dismissal of application disputing election
   144.    Powers of the court
   145.    Restrictions on particular orders
   146.    Restriction on particular evidence and inquiries
   147.    Copy of final court orders
   148.    Costs
   149.    Decisions and orders to be final
   150.    Right of electoral commission and returning officer to have access to documents
           Division 2--Appeals
   151.    Appeal to Court of Appeal on question of law
   152.    Time for appealing
   153.    Electoral commission is a party to appeal
   154.    How appeal is dealt with by Court of Appeal
   155.    Application for dismissal of appeal
   156.    Copy of final court orders
   157.    Right of electoral commission and returning officer to have access to documents
           Part 8--Legal provisions
   158.    Decisions not subject to appeal
   159.    Postal vote presumed valid until contrary proved
   160.    Evidentiary value of list under s 164
   161.    Ballot papers as evidence
   162.    Allegations of false or misleading information or document
   163.    Evidentiary provisions
           Part 9--Enforcement
           Division 1--Failure to vote
   164.    List of electors failing to vote
   165.    Notice about failure to vote
   166.    Payments for failure to vote
   167.    Recording response to notice
   168.    Failure to vote
           Division 2--Corrupt and improper practices affecting local government elections
   169.    False or misleading information
   170.    Bribery
   171.    Assisting illegal payments
   172.    Improperly influencing electoral officers
   173.    Obstructing electors
   174.    Obstructing electoral officers etc.
   175.    Forged electoral papers
   176.    Wilful neglect etc. of electoral officers
           Division 3--Offences relating to electoral advertising
   177.    Author of election material must be named
   178.    Distribution of how-to-vote cards
   179.    Giving of how-to-vote cards to returning officer
   180.    Unauthorised how-to-vote cards
   181.    Headline to electoral advertisements
   182.    Misleading voters
   183.    Offence for group of candidates to advertise or fundraise if particular requirements not complied with
           Division 4--Offences relating to voting
   184.    Leave to vote
   185.    Canvassing in or near polling booths
   186.    Influencing voting by violence or intimidation
   187.    Party badges not to be worn in polling booths
   188.    Displaying political statements around polling booths
   189.    Voting if not entitled
   190.    Offences about ballot papers
   191.    Failure to post, fax or deliver documents for someone else
   192.    Secrecy of voting
   193.    Breaking seals on parcels
   194.    Duty of witness in signing declaration envelopes
           Division 5--Offences relating to electoral funding and financial disclosure
   195.    Offences about returns
   196.    Records to be kept
   197.    Obtaining information for returns
   198.    Further information for incomplete returns
           Division 6--Attempts
   199.    Attempts to commit offences
           Division 7--Injunctions
   200.    Injunctions
           Part 10--Miscellaneous
   201.    Designated election offences and application of Criminal Code
   202.    Local governments responsible for expenditure for conducting local government elections
   203.    Leave to local government employee to contest local government election
   204.    Inspection of documents
   205.    Persons serving a sentence of imprisonment
   206.    Office of returning officer
   207.    Approved forms
   208.    Regulation-making power
           Part 11--Transitional provisions
   209.    Transitional regulation-making power
           Part 12--Amendments of Acts and a regulation
           Division 1--Amendment of this Act
   210.    Act amended
   211.    Amendment of long title
           Division 2--Amendment of Animal Management (Cats and Dogs) Act 2008
   212.    Act amended
   213.    Amendment of s 103 (Cost of regulated dog enclosure—dividing fence)
           Division 3--Amendments of Building Act 1975 relating to pool barriers
   214.    Act amended
   215.    Amendment of s 231B (What is a regulated pool)
   216.    Replacement of s 245U (Apportioning cost of constructing etc. dividing fence)
   217.    Renumbering of s 246 (When particular local law has no force or effect for regulated pool)
   218.    Insertion of new pt 2A
   219.    Amendment of s 246AB (Nonconformity notice)
   220.    Amendment of s 246ATJ (Requirement to obtain pool safety certificate for regulated pool that is not a shared pool)
   221.    Amendment of s 246ATK (Requirement to obtain pool safety certificate for regulated pool that is a shared pool)
   222.    Amendment of sch 2 (Dictionary)
           Division 4--Amendment of Building Act 1975 relating to residential care buildings
   223.    Act amended
   224.    Amendment of s 3 (Simplified outline of main provisions of Act)
   225.    Amendment of s 5 (What is building work)
   226.    Amendment of s 30 (Relevant laws and other documents for assessment of building work)
   227.    Amendment of s 63 (Restriction on granting building development application for budget accommodation building)
   228.    Insertion of new s 63A
   229.    Amendment of s 81 (Building development approval for particular alterations may require existing building or structure to comply with building assessment provisions)
   230.    Amendment of s 103 (Certificate requirements)
   231.    Amendment of s 108A (Owner's obligations about access to certificate of classification)
   232.    Insertion of new ch 7A
   233.    Amendment of s 231A (Definitions for ch 8)
   234.    Amendment of s 256 (Prosecution of offences)
   235.    Replacement of sch 1 (The QDC on 15 April 2010)
   236.    Amendment of sch 2 (Dictionary)
           Division 5--Amendment of Building Act 1975 relating to Pool Safety Council
   237.    Act amended
   238.    Amendment of s 246EK (Members)
   239.    Amendment of s 246EL (Appointment of deputy members)
   240.    Amendment of s 246EX (Presiding at meetings)
   241.    Insertion of new ch 11, pt 13
   242.    Amendment of sch 2 (Dictionary)
           Division 6--Amendment of City of Brisbane Act 2010
   243.    Act amended
   244.    Amendment of s 13 (Who the council is constituted by)
   245.    Amendment of s 39 (Election advertising)
   246.    Insertion of new ch 3, pt 5
   247.    Amendment of s 153 (Disqualification for certain offences)
   248.    Amendment of s 164 (Filling a vacancy in the office of mayor)
   249.    Amendment of s 166 (Filling a vacancy in the office of another councillor)
   250.    Replacement of s 175 (Councillor's conflict of interest at a meeting)
   251.    Amendment of s 178 (What this division is about)
   252.    Amendment of s 180 (Assessing complaints)
   253.    Insertion of new s 180A
   254.    Amendment of s 181 (Notifying councillor of the hearing of a complaint)
   255.    Omission of s 263 (Transitional provisions for elections)
   256.    Amendment of schedule (Dictionary)
           Division 7--Amendment of Criminal Code
   257.    Code amended
   258.    Amendment of ch 14, div 2, hdg (Legislative Assembly and Brisbane City Council elections and referendums)
   259.    Amendment of s 98A (Reference to election or referendum)
           Division 8--Amendment of Electoral Act 1992
   260.    Act amended
   261.    Amendment of s 30 (Electoral registrars)
   262.    Amendment of s 137 (Supreme Court to be Court of Disputed Returns)
           Division 9--Amendment of the Information Privacy Act 2009
   263.    Act amended
   264.    Amendment of s 126 (Disciplinary action)
           Division 10--Amendment of Local Government Act 2009
   265.    Act amended
   266.    Amendment of s 36 (Election advertising)
   267.    Insertion of new s 85A
   268.    Amendment of s 87 (Community forums)
   269.    Amendment of s 88 (Members of a community forum)
   270.    Amendment of s 89 (Payments to elected members of a community forum)
   271.    Omission of s 90 (Convenors for a community forum)
   272.    Insertion of new ch 3, pt 5
   273.    Amendment of s 153 (Disqualification for certain offences)
   274.    Insertion of new s 156A
   275.    Insertion of new s 160A
   276.    Amendment of s 163 (When a vacancy in an office must be filled)
   277.    Amendment of s 166 (Filling a vacancy in the office of another councillor)
   278.    Replacement of s 173 (Councillor's conflict of interest at a meeting)
   279.    Amendment of s 176 (What this division is about)
   280.    Amendment of s 177 (Assessing complaints)
   281.    Insertion of new s 177A
   282.    Amendment of s 178 (Notifying councillor of the hearing of a complaint of misconduct)
   283.    Omission of s 284 (Continuation of electoral and related provisions)
   284.    Replacement of ch 9, hdg (Transitional provision for Revenue and Other Legislation Amendment Act 2011)
   285.    Insertion of new ch 9, pt 1, hdg
   286.    Omission of ch 10, hdg (Transitional provision for Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011)
   287.    Insertion of new ch 9, pt 2, hdg
   288.    Insertion of new ch 9, pt 3
   289.    Omission of sch 2 (Local government elections)
   290.    Amendment of sch 4 (Dictionary)
           Division 11--Amendment of Mixed Use Development Act 1993
   291.    Act amended
   292.    Amendment of s 3 (Definitions)
   293.    Insertion of new s 4A
   294.    Amendment of s 166 (Definitions)
   295.    Amendment of s 169 (Members' nominees)
   296.    Amendment of s 172 (Meetings of bodies corporate)
   297.    Amendment of s 177 (Duties of bodies corporate)
   298.    Amendment of s 185 (Constitution of executive committee)
   299.    Insertion of new s 185A
   300.    Amendment of s 186 (Vacation of office of member of executive committee)
   301.    Insertion of new s 188A
   302.    Insertion of new pt 9, divs 6–8 and pt 9A
   303.    Amendment of s 202 (Community development control by-laws)
   304.    Amendment of s 204 (Application of community development control by-laws and community activities by-laws)
   305.    Amendment of s 205 (Minor noncompliance with community development by-laws or community activities by-laws)
   306.    Amendment of s 208 (Precinct development control by-laws)
   307.    Amendment of s 210 (Application of precinct development control and precinct activities by-laws)
   308.    Amendment of s 211 (Minor noncompliance with precinct development by-laws or precinct activities by-laws)
   309.    Insertion of new pt 11, div 1 hdg
   310.    Replacement of s 214A (Dealing with disputes)
   311.    Insertion of new pt 14 and schs 1–5
           Division 12--Amendment of Neighbourhood Disputes Resolution Act 2011
   312.    Act amended
   313.    Amendment of s 9 (Non-application of provisions to barrier of regulated pool)
           Division 13--Amendment of Public Trustee Act 1978
   314.    Act amended
   315.    Amendment of s 17A (Priority etc. of fees and charges)
   316.    Amendment of s 98 (Definitions)
   317.    Amendment of s 99A (Public trustee's register of unclaimed moneys)
           Division 14--Amendment of Queensland Civil and Administrative Tribunal Act 2009
   318.    Act amended
   319.    Amendment of s 12 (When jurisdiction for minor civil dispute exercised)
   320.    Amendment of s 13 (Deciding minor civil dispute generally)
   321.    Amendment of sch 3 (Dictionary)
           Division 15--Amendment of Sanctuary Cove Resort Act 1985
   322.    Act amended
   323.    Replacement of s 4B (Meaning of proposed use plan of the site or adjacent site)
   324.    Amendment of s 7 (Proposed use plan of the site)
   325.    Insertion of new s 8
   326.    Amendment of s 10 (Initial subdivision within the site)
   327.    Amendment of s 12C (Proposed use plan of the adjacent site)
   328.    Insertion of new s 12D
   329.    Amendment of s 12F (Initial subdivision within the adjacent site)
   330.    Amendment of s 12I (Amendment applications)
   331.    Amendment of s 12P (Approval of amendment of relevant plan)
   332.    Amendment of s 15A (Plan of survey where variation of boundary approved)
   333.    Amendment of s 114 (References to proposed use plan of site)
   334.    Amendment of s 115 (References to proposed use plan of adjacent site)
   335.    Amendment of sch 9 (Dictionary)
           Division 16--Amendment of State Penalties Enforcement Act 1999
   336.    Act amended
   337.    Amendment of s 63 (Issue of enforcement warrant)
   338.    Amendment of s 73J (Accountability for, and distribution of, money received)
   339.    Insertion of new pt 10, div 7
           Division 17--Amendment of State Penalties Enforcement Regulation 2000
   340.    Regulation amended
   341.    Insertion of new s 6A
   342.    Amendment of sch 1 (Consumer related legislation)
   343.    Amendment of sch 5 (Other legislation)
           SCHEDULE -- DICTIONARY