Division 621AL Definition of “appointed official”
In this Division:appointed official means a person who holds an appointment as:
(a) an election official, or(b) an interstate or overseas pre-poll voting officer or deputy interstate or overseas pre-poll voting officer, or(c) an assistant to the Electoral Commissioner under section 21AI, or(d) an assistant to an interstate or overseas pre-poll voting officer under section 21AK.
(1) The Commission may delegate any of the Commission’s functions to:(a) the Electoral Commissioner, or(b) an appointed official, or(c) a member of the staff of the Commission, or(d) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory.(2) The Electoral Commissioner may delegate any of the Commissioner’s functions to:(a) an appointed official, or(b) a member of the staff of the Commission, or(c) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory.(3) Without limiting subsection (2), the Electoral Commissioner may delegate to a returning officer the Commissioner’s functions relating to the appointment or termination of the appointment (or both) of polling place managers or election assistants (or both).(4) A delegation under this section may be to a particular person or the holder of a particular position or to a class of persons or holders of positions.
21AN Appointed officials subject to control and direction
An appointed official is subject to the control and direction of the Electoral Commissioner in respect of his or her functions under or in connection with:(a) this Act, or(b) the Constitution Act 1902 so far as those functions relate to the conduct of elections (within the meaning of this Act) or referendums, or(c) any other legislation so far as those functions relate to the conduct of elections (of any kind), polls or referendums under that or any other legislation.
21AO Declarations to be made by appointed officials
(1) An appointed official must, before he or she enters upon any of the duties assigned to him or her by or under this Act with regard to any election, make and sign before a justice of the peace, a school teacher or a prescribed person a declaration:(a) in a form approved by the Electoral Commissioner, unless paragraph (b) applies, or(b) in a form prescribed by the regulations.(2) The declaration must be transmitted to:(a) the Electoral Commissioner, unless paragraph (b) applies, or(b) a returning officer or polling place manager, as directed by the Electoral Commissioner.(3) Justices of the peace, school teachers and prescribed persons are authorised to receive any such declaration.(4) Part 4 of the Oaths Act 1900 applies to any such declaration as if it were made under that Act.
21AP Remuneration of appointed officials
Appointed officials are entitled to be paid the remuneration and allowances (if any) determined by the Electoral Commissioner after consultation with the Public Service Commissioner.
21AQ Termination of appointment of appointed officials
(1) An appointed official ceases to hold his or her appointment if:(a) he or she dies, or(b) his or her appointment was for a term and the term expires, or(c) he or she resigns the appointment by instrument in writing addressed to the Electoral Commissioner, or(d) the Electoral Commissioner terminates his or her appointment.(2) The Electoral Commissioner may terminate the appointment of an appointed official at any time, for any or no reason, without notice and without affording a hearing. This subsection does not limit section 47 of the Interpretation Act 1987 in its application to or in respect of holders of those appointments.
21AR Notification of appointments and termination of appointments of returning officers
Notice of any appointment or termination of an appointment of a returning officer is to be published on the Commission’s internet website at a time determined by the Electoral Commissioner.