Division 1 Application of Part
Except where otherwise expressly provided, Divisions 2, 3, 6B, 7, 8, 9, 10, 11, 11A, 12, 13, 15, 16 and 17 apply to and in respect of all elections.
Division 1A Writs for Assembly elections
68 Within what time writs for general elections to be issued and made returnable
All writs for Assembly general elections shall be issued within four clear days after the publication in the Gazette of the proclamation dissolving the Assembly, or after the Assembly has been allowed to expire by effluxion of time, and every such writ shall be made returnable on a day not later than the sixtieth clear day after the date of the issue thereof or on such later day as the Governor may by proclamation in the Gazette direct.
69 Meeting of Assembly after return of writs
The day to be fixed for the meeting of the Assembly after the return of writs for an Assembly general election shall not be later than the seventh clear day after the date for the return of the writs for that election or the date for the return of the writ for the periodic Council election the day for the taking of the poll for which was the same day as the day for the taking of the poll for that Assembly general election, whichever date is the later.
69A Governor to issue writ for vacancy occurring before Assembly meets after general election
Where a seat in the Assembly becomes vacant after an Assembly general election and before the first meeting of the Assembly after that general election, the writ for the election to fill the vacancy shall be issued by the Governor.
70 Speaker to issue writs to fill vacancies
When and so often as a vacancy occurs in the Assembly, the Speaker shall, upon a resolution by the Assembly declaring such vacancy, and the reason thereof, cause a writ to be issued for filling such vacancy; and on the death or resignation of any member of the Assembly, the Speaker shall, in like manner, upon a resolution of the Assembly, issue such writ, and in case the Assembly be not in session, or when such vacancy occurs during any adjournment for a longer period than seven days, the Speaker shall also issue the writ.
71 If no Speaker, Governor to issue writ
If at the time of the occurrence of any such vacancy, caused by death or resignation, there be no Speaker, and the Assembly be not in session, or if the Speaker be absent from New South Wales, the Governor shall, if satisfied of the existence of such vacancy, issue a writ for the election of a member to fill such vacancy.Note. Section 31A of the Constitution Act 1902 provides that, during the absence from New South Wales of the Speaker, the Deputy Speaker of the Legislative Assembly is to act in his or her place and has and may exercise and perform all the powers, authorities, duties and functions of the Speaker, including those functions conferred under this section.
72 Writs directed to Electoral Commissioner
(1) Every writ for the election of a member to serve in the Assembly shall be directed to the Electoral Commissioner. And in every such writ shall be named the day on which all nominations of candidates at and for any election must be made (hereinafter called the day of nomination), the day for taking the poll at the several polling places in the event of the election being contested, and the day on which the writ shall be returnable to the Governor or Speaker, as the case may be.(2) Subsection (1) has effect subject to section 22A (3) of the Constitution Act 1902 and to section 120I.
74 Duties of Electoral Commissioner on receipt of writ
(1) The Electoral Commissioner must, on receiving a writ under section 72, endorse on it the date of its receipt, and forthwith give public notice of:(a) the purport of the writ, and(b) the day of nomination, the day of polling and the return day mentioned in the writ, and(c) a place within the district concerned (to be appointed by the Commissioner) at which the returning officer will receive nomination papers for the election to which the writ relates, and the time by which they must be received, and(d) a place within the State (to be appointed by the Commissioner) at which the Commissioner will receive nomination papers for the election to which the writ relates delivered by registered officers of registered parties, and the time by which they must be received.(2) The public notice is to be by way of notice:(a) in any newspaper published or circulating in the district to which the writ relates, and(b) on the Commission’s internet website.(3) The returning officer must attend at all reasonable hours in the daytime, in the interval between being notified of the receipt of the writ and noon on the day of nomination, at the place appointed for receiving nomination papers.(4) The Electoral Commissioner must attend at all reasonable hours in the daytime, in the interval between the receipt of the writ and noon on the day before the day of nomination, at the place appointed for receiving nomination papers.
Division 1B Writs for periodic Council elections
74A Writs for periodic Council elections
A writ for a periodic Council election shall be issued within four clear days after the publication in the Gazette of the proclamation dissolving an Assembly, or after an Assembly has been allowed to expire by effluxion of time, and the writ shall be made returnable on a day not later than the sixtieth clear day after the date of the issue thereof or on such later day as the Governor may by proclamation in the Gazette direct.
74B Meeting of Council after return of writs
The day to be fixed for the meeting of the Council after the return of a writ for a periodic Council election shall not be later than the seventh clear day after the date for the return of the writ or the date for the return of the writs for the Assembly general election the day for the taking of the poll for which was the same day as the day for the taking of the poll for that periodic Council election, whichever date is the later.
74C Writ directed to Electoral Commissioner
(1) Every writ for a periodic Council election shall be directed to the Electoral Commissioner.(2) In every such writ shall be named the day on which all nominations of candidates at and for any such election must be made (hereinafter called the day of nomination), the day for taking the poll at the several polling places in the event of the election being contested, and the day on which the writ shall be returnable to the Governor.(3) Subsection (2) has effect subject to section 22A (3) of the Constitution Act 1902, and to section 120I.
74D Duties of Electoral Commissioner on receipt of writ
(1) The Electoral Commissioner must, on receiving a writ under section 74C, endorse on it the date of its receipt, and forthwith give public notice of:(a) the purport of the writ, and(b) the day of nomination, the day of polling, and the return day mentioned in the writ, and(c) a place within the State (to be appointed by the Electoral Commissioner) at which the Electoral Commissioner will receive the nomination papers for the election to which the writ relates, and the time by which they must be received.(2) The public notice is to be by way of notice:(a) in any newspaper circulating in the State, and(b) on the Commission’s internet website.(3) The Electoral Commissioner must attend at all reasonable hours in the daytime, in the interval between the receipt of the writ and noon on the day of nomination, at the place appointed for receiving nomination papers.
Division 2 General conduct of Assembly and Council elections
75 General conduct of Assembly elections
(1) The Electoral Commissioner is, subject to this Act and the Constitution Act 1902, responsible for the conduct and administration of Assembly general elections and by-elections.(2) The returning officer for a district is, subject to this Act, responsible to the Electoral Commissioner for the administration of the election of a member of the Assembly for the district at a general election or by-election.
76 General conduct of Council elections
(1) The Electoral Commissioner is, subject to this Act and the Constitution Act 1902, by this Act appointed to conduct periodic Council elections as Council returning officer.(2) The returning officer for a district is, subject to this Act, responsible to the Electoral Commissioner for the administration of a periodic Council election within the district.
78AA–78E(Repealed)
Division 4 Nominations for the Assembly
79 Nomination of Assembly candidates
(1) Every person enrolled as an elector for any district shall be qualified to be nominated as a candidate to be elected for that or any other district, unless disqualified under the Constitution Act 1902 or this Act.(2) Before, and in order that, any person may be a candidate at any election for a district, the person must be nominated by:(a) the registered officer of a registered party which has endorsed the person for the election, or(b) not fewer than 15 persons each of whose names is on the roll for the district.(3) A nomination of a candidate is to be made by delivering a nomination paper:(a) in the case of a nomination made by the registered officer—to the Electoral Commissioner at some time after the issue of the writ and before noon on the day before the day of nomination, or(b) in any case—to the returning officer at some time after the issue of the writ and before noon on the day of nomination.The person receiving the nomination paper must, if required to do so, give a receipt for it.
(3A) A nomination paper in which the candidate is nominated by the registered officer is to be in the following form, namely:I, the person whose name appears on this form as the registered officer of the registered party which has endorsed the candidate, do hereby nominate (here state name in full, date of birth and place of residence as enrolled of the person nominated) for election as a member of the Legislative Assembly for the electoral district of
Dated this day of 20 .
Name in full of registered officer
Name of party
Signature of registered officer
I, the abovenamed , hereby consent to such nomination and certify that the place of residence stated above is my place of residence as enrolled.
(Signed)
(4) A nomination paper in which the candidate is nominated by electors is to be in the following form, namely:We, the undersigned, electors of the electoral district of do hereby nominate (here state name in full, date of birth, and place of residence being the place of residence as enrolled of the person nominated) for election as a member of the Legislative Assembly for the abovenamed district.
Dated this day of 20 .
Signatures of nominators
Place of residence as enrolled
Date of birth
District
I, the abovenamed hereby consent to such nomination and certify that the place of residence stated above is my place of residence as enrolled.
(Signed)
(4AA) A nomination paper of a candidate for election under this section must be accompanied by a child-related conduct declaration that complies with section 81L.(4A) No person, unless nominated in accordance with the requirements of this section (including subsection (4AA)), shall be deemed to be a candidate for election as a member of the Assembly.(5) No elector shall nominate more than one candidate for an electoral district.(5A) If at the close of nominations for a district a person is nominated for an election for any other district or for a periodic council election each of those nominations is void.(6) Where a candidate for an election for a district dies, after being nominated and before noon on the day of nomination for the election, the day named as the day of nomination for the election shall be taken to be the day next succeeding the day so named.(7) A member of the Parliament of the Commonwealth shall be incapable of being nominated as a candidate for, or elected as a member of, the Assembly.(7A) The nomination of a candidate is not valid unless at the time of the delivery of the nomination paper the person nominated or some person on his or her behalf deposits the sum of $250, in cash or in a cheque drawn by an authorised deposit-taking institution, with:(a) the Electoral Commissioner, if the nomination paper was delivered to the Electoral Commissioner, or(b) the returning officer, if the nomination paper was delivered to the returning officer.(7B) The deposit is to be retained pending the election.(7C) The deposit is to be returned if:(a) the candidate is elected, or(b) the total number of votes polled in the candidate’s favour as first preferences is at least 4 per cent of the total number of first preference votes polled in the district, or(c) the candidate dies before the date of the election, or(d) the candidate withdraws his or her name from nomination under section 79A.(7D) The deposit that is to be returned under subsection (7C) is to be returned:(a) if the candidate was nominated by the registered officer of a registered party which has endorsed the person for the election—to the registered officer of the party, or(b) in any other case:(i) to the candidate (or to some person authorised by the candidate to receive it), unless subparagraph (ii) applies, or(ii) to the candidate’s personal representatives, if the candidate died before the date of the election.(7E) In any other case the deposit is forfeited to Her Majesty.(8) Notwithstanding anything to the contrary in this Act, whenever any vacancy occurs in the Assembly by reason of any member resigning his or her seat for the purpose of seeking election for the Parliament of the Commonwealth of Australia, if such member tenders his or her resignation prior to the date of the issue of the writ for the said election and notifies in writing to the Speaker his or her intention to seek such election, and his or her intention in the event of failing to secure such election to become again a candidate for the vacancy aforesaid, then the issue of the writ for the election of a Member to fill such vacancy shall be delayed until the result of such Commonwealth election shall have been first officially declared by the Returning Officer.(9) As soon as practicable after a nomination paper for a candidate is delivered to the Electoral Commissioner or returning officer under this section, the Electoral Commissioner must cause the following details relating to the nomination to be displayed on the Commission’s internet website:(a) the candidate’s name,(b) the district for which the candidate is nominated for election,(c) the suburb, town or other locality of the place of residence as enrolled of the candidate (as stated on the nomination paper).
79A Withdrawal of nomination for Assembly election
Any candidate for an election for an electoral district may withdraw his or her name from nomination by delivering a notice under his or her hand to:(a) the Electoral Commissioner, if the nomination paper for the candidate was delivered to the Electoral Commissioner, or(b) the returning officer, if the nomination paper for the candidate was delivered to the returning officer,before noon on the day of nomination for that election.
80 Proceedings on nomination day if one candidate only
(1) If at noon on the day of nomination there is only one candidate for election for a district, the returning officer must, at that time and at the place named for the delivery of nomination papers to the returning officer, publicly declare that candidate to be duly elected.(2) The returning officer must notify the Electoral Commissioner in writing (including, without limitation, by facsimile transmission, email or other electronic means) of that declaration.(3) The Electoral Commissioner must publish the declaration in a newspaper published or circulating in the district, and return the writ indorsed according to that declaration.
(1) If at noon on the day of nomination there are two or more candidates for election for a district, a poll is to take place on the day named in the writ for that purpose and at the several polling places for the district.(2) The returning officer must, at noon on the day of nomination and at the place named in the public notice for the delivery of nomination papers to the returning officer, announce:(a) that a poll is to be taken, and(b) the names of the candidates, and(c) the suburb, town or other locality of the place of residence as enrolled of each candidate (as stated on the nomination paper).(3) The returning officer must, as soon as practicable, notify the Electoral Commissioner of the matters referred to in subsection (2).(4) The Electoral Commissioner must publish in a newspaper published or circulating in the district an announcement of the matters referred to in subsection (2), together with the date of the poll and a list of polling places for the district.
If after the nominations for an election for any district have been declared, and before 6 pm on polling day, any candidate dies, the election shall be deemed to have wholly failed, and a new writ shall forthwith be issued for an election for the district.
Division 5 Nominations for the Council
81B Nomination of Council candidates
(1) Every person enrolled as an elector for a district shall be qualified to be nominated as a candidate for a periodic Council election, unless disqualified under the Constitution Act 1902 or this Act.(2) Before, and in order that, any person may be a candidate at any periodic Council election, the person must be nominated by:(a) the registered officer of a registered party that has endorsed the person for the election, or(b) not fewer than 15 persons each of whose names is on a roll.(3) Every such nomination shall be made by delivering to the Electoral Commissioner a nomination paper at some time after the issue of the writ and before noon on the day of nomination and the Electoral Commissioner shall, if required to do so, give a receipt for it.(3A) A nomination paper in which the candidate is nominated by the registered officer is to be in the following form, namely:I, the person whose name appears on this form as the registered officer of a registered party that has endorsed the candidate, do hereby nominate for election to the Legislative Council the following person:
* Underline surname.
*Name in full of person nominated
Date of birth
Place of residence as enrolled
**Signature of person nominated
** The signature of the person nominated must appear opposite the person’s name to signify the person’s consent to nomination and to certify that the place of residence stated opposite the person’s name is the person’s place of residence as enrolled.Dated this day of 20 .
Name in full of registered officer
Name of party
Signature of Registered officer
We, the persons whose names appear on this form as nominators, being persons each of whose names is on a roll, do hereby nominate for election to the Legislative Council the following person:
* Underline surname.
*Name in full of person nominated
Date of birth
Place of residence as enrolled
**Signature of person nominated
** The signature of the person nominated must appear opposite the person’s name to signify the person’s consent to nomination and to certify that the place of residence stated opposite the person’s name is the person’s place of residence as enrolled.Dated this day of 20 .
Name in full of each nominator (Not fewer than 15)
Place of residence as enrolled
Occupation
Electoral district
Signature of each nominator
(1) Two or more candidates nominated for a periodic Council election may, in the prescribed form and before noon on the day of nomination for that election, claim:(a) to have their names included in a group in the ballot papers to be used in that election, and(b) to have their names included in that group in the order specified in that claim.(1A) A claim under subsection (1) may also include a request for a group voting square for the group on the ballot papers to be used in the election concerned, but only if there are at least 15 candidates in the group at the close of nominations for the election.(2) Subject to subsections (3), (4) and (5), candidates nominated for a periodic Council election who have under subsection (1) made a claim referred to in that subsection shall, for the purposes of that election, be included in a group in the order specified in the claim.(3) Two or more candidates who have made a claim under subsection (1) may, in the prescribed form and before noon on the day of nomination referred to in that subsection, withdraw that claim.(4) A claim under subsection (1) is of no force or effect if:(a) the name of any candidate included in the claim is included in any other claim under that subsection, or(b) the nomination of any candidate whose name is included in the claim is withdrawn under section 81G.(5) Where a claim is made under subsection (1) in respect of a periodic Council election and any of the persons who made the claim:(a) dies before the making of the declaration of the persons elected at that election,(b) is, before the making of that declaration, declared by any court to be incapable of being elected at that election, or(c) is a person whose nomination is void under section 81D,then:(d) where there are 2 or more other persons who made that claim, the group shall thereafter consist of the remainder of those persons only, or(e) where there is only 1 other person who made that claim, the claim shall thereafter be of no force or effect.(6) The candidates who are included in a group for a periodic Council election and who have duly requested a group voting square for the election, are required to nominate, for the purposes of section 129EB, one other group of candidates in the election for whom a second preference vote is taken to be recorded on all ballot papers on which only a first preference vote is recorded for the first-mentioned group if that group ceases to have 15 candidates because of the operation of subsection (5).(7) The following provisions apply to nominations under subsection (6):(a) A nomination may be made at the time the candidates request a group voting square for the election or within 24 hours after the close of nominations for the election. However, the Electoral Commissioner may accept a late nomination so long as it is made before the day for the taking of the poll in the election.(b) A nomination may be made on behalf of the candidates in the group by the first candidate in the group or by the registered officer of a registered party that has endorsed all or any of the candidates for the election.(c) A group of candidates is not eligible to be nominated unless the candidates in that group have duly requested a group voting square for the election.(d) The Electoral Commissioner is to cause notice of the nominations to be published, at least one week before the day for the taking of the poll in the election, in one or more newspapers circulating throughout New South Wales.(e) Once a nomination has been lodged with the Electoral Commissioner in respect of the election, the nomination may not be changed, nor may a further nomination be made for the election by or on behalf of any of the candidates concerned.
If at the close of nominations for a periodic Council election a person is nominated for that election more than once or for that election and for any election for a district each of those nominations is void.
81E Member of Commonwealth Parliament ineligible for Council
A member of the Parliament of the Commonwealth shall be incapable of being nominated as a candidate for, or elected as a member of, the Council.
81F Deposit for periodic Council election
(1) A nomination shall not be valid unless at the time of the delivery of the nomination paper the person nominated or some person on his or her behalf deposits with the Electoral Commissioner the sum of $500 in cash or in a cheque drawn by an authorised deposit-taking institution.(1A) However, the amount of the deposit for a candidate included in a group comprising more than 10 candidates (but not more than 21 candidates) is $5,000 divided by the number of candidates in that group.(2) The deposit shall be retained pending the election.(3) The deposit is to be returned if:(a) the candidate is elected, or(b) at least one of the candidates in the group in which the candidate is included is elected, or(c) the total number of votes polled as first preference votes in the candidate’s favour or in favour of the members of the group in which the candidate is included is at least 4 per cent of the total number of first preference votes polled in the election, or(d) the candidate dies before the date of the election, or(e) the candidate withdraws his or her name from nomination under section 81G.(4) The deposit that is to be returned under subsection (3) is to be returned:(a) if the candidate is included in a group that consists only of persons who belong to the same registered party—to the registered officer of the party, or(b) if the candidate is included in a group that does not consist only of persons who belong to the same registered party and all the members of the group have authorised the same person to receive their deposits—to that person, or(c) in any other case:(i) to the candidate (or to some person authorised by the candidate to receive it), unless subparagraph (ii) applies, or(ii) to the candidate’s personal representatives, if the candidate died before the date of the election.(5) (Repealed)(6) In any other case the deposit shall be forfeited to Her Majesty.
81G Withdrawal of nomination for a periodic Council election
(1) Subject to subsection (2), any candidate for a periodic Council election may withdraw his or her name from nomination by delivering a notice under his or her hand to the Electoral Commissioner before noon on the day of nomination for that election.(2) Where two or more candidates are included in a group, any of those candidates may not, under subsection (1), withdraw his or her name from nomination except with the consent of the others.
81H Proceedings after close of nominations
(1) If at noon on the day of nomination there are not more than 21 candidates for election at a periodic Council election the Electoral Commissioner shall at that time and at the place appointed for the receipt of the nomination papers publicly declare those candidates to be duly elected and shall publish the declaration in some newspaper circulating in the State and return the writ indorsed according to that declaration.(2) If after noon on the day of nomination and before the day for the taking of the poll for a periodic Council election any candidate dies and there are not more than 21 candidates remaining, the Electoral Commissioner shall forthwith publicly declare the remaining candidates to be duly elected and shall publish the declaration in some newspaper circulating in the State and return the writ indorsed according to that declaration.(3) Subject to subsection (2), if at noon on the day of nomination there are more than 21 candidates for election at a periodic Council election a poll shall take place on the day named in the writ for that election and the Electoral Commissioner shall, at noon on the day of nomination and at the place appointed for the receipt of the nomination papers, publicly announce that a poll will be so taken and the names of the persons who have become candidates, that announcement specifying the names of any candidates who are included in a group, and shall also forthwith publish in some newspaper circulating in the State a like announcement, including a statement specifying the date of the poll.(4) As soon as practicable after making an announcement referred to in subsection (3), the Electoral Commissioner shall notify the returning officer for each electoral district:(a) that a poll for a periodic Council election shall take place on the day named in the writ for that election, and(b) of the particulars required by section 83B to be printed on the ballot papers and of the manner in which those particulars are to be so printed.
Division 5A Child sexual offences etc disclosures by candidates for the Assembly or Council
This Division applies to a child-related conduct declaration that is required to accompany the nomination paper of a candidate for election to the Assembly or the Council.
(1) In this Division:child sexual offence means:
(a) an offence involving sexual activity or acts of indecency that was committed in New South Wales and that was punishable by penal servitude or imprisonment for 12 months or more, and that was committed against, with or in the presence of a child (including a child pornography offence that is so punishable), or(b) an offence involving sexual activity or acts of indecency, that was committed elsewhere and that would have been an offence punishable by penal servitude or imprisonment for 12 months or more if committed in New South Wales, and that was committed against, with or in the presence of a child (including a child pornography offence that is so punishable), or(c) an offence under section 80D or 80E of the Crimes Act 1900, where the person against whom the offence is committed is a child, or(d) an offence under sections 91D–91G of the Crimes Act 1900 (other than if committed by a child prostitute) or a similar offence under a law other than a law of New South Wales, or(e) an offence under section 91H, 578B or 578C (2A) of the Crimes Act 1900 or a similar offence under a law other than a law of New South Wales, or(f) an offence an element of which is an intention to commit an offence referred to in the preceding paragraphs, or(g) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in the preceding paragraphs.conviction includes a finding that the charge for an offence is proven, or that a person is guilty of an offence, even though the court does not proceed to a conviction, but does not include a conviction that is quashed by any court.
CYP Commission—see section 81M (2).
murder includes an offence of murder committed outside New South Wales or an offence of attempting, or of conspiracy or incitement, to commit murder.
Presiding Officer means the President of the Legislative Council or Speaker of the Legislative Assembly.
relevant apprehended violence order means a relevant apprehended violence order, within the meaning of Part 7 of the Commission for Children and Young People Act 1998, that was made by a court for the protection of a child from sexual activity or acts of indecency.
(2) An offence that was a child sexual offence at the time of its commission is not a child sexual offence for the purposes of this Division if the conduct constituting the offence has ceased to be an offence in New South Wales.(3) An offence involving sexual activity or an act of indecency is not a child sexual offence for the purposes of this Division if the conduct constituting the offence:(a) occurred in a public place, and(b) would not have constituted an offence in New South Wales if the place were not a public place.(4) For the purposes of this Division, section 579 of the Crimes Act 1900 does not apply to or in respect of a child sexual offence.
81L Child-related conduct declarations
(1) A child-related conduct declaration is to state:(a) whether or not the candidate has ever been convicted of the murder of a child or of a child sexual offence, and(b) whether or not any criminal proceedings have ever been commenced against the candidate for the murder of a child, or for a child sexual offence, other than proceedings relating to a conviction disclosed under paragraph (a), and(c) whether or not any relevant apprehended violence order has ever been made against the candidate.(2) The child-related conduct declaration is to identify any such conviction, proceedings or order.(3) A child-related conduct declaration is to be in such form (if any) as is prescribed by the regulations.(4) A candidate who makes a child-related conduct declaration knowing it to be false, or not believing it to be true, is guilty of an indictable offence.Maximum penalty (subsection (4)): Imprisonment for 5 years.
81M Duties of Electoral Commissioner with respect to child-related conduct declarations
(1) The Electoral Commissioner must cause a copy of a child-related conduct declaration received by the Commissioner or a returning officer to be made public in such manner as the Commissioner thinks fit.(2) The Electoral Commissioner must provide a copy of the child-related conduct declarations of those candidates elected at an election to the Commission for Children and Young People (the CYP Commission).
81N Duties of CYP Commission with respect to child-related conduct declarations
(1) The CYP Commission must, as soon as practicable after receiving a copy of a child-related conduct declaration under section 81M, audit the accuracy of the declaration.(2) For the purpose of carrying out an audit, the CYP Commission:(a) may exercise any of the functions it has under Part 7 of the Commission for Children and Young People Act 1998, and(b) has the same protections as are conferred by that Act on the Commission when exercising its functions under that Part.(3) If the CYP Commission has reason to believe that a child-related conduct declaration is inaccurate, the Commission must consult with the member of Parliament concerned before making a report on the audit.(4) The CYP Commission must present a report on the result of audits carried out by it after an election to the Presiding Officer of the House of Parliament to which the members concerned have been elected. A copy of a report furnished to the Presiding Officer of a House of Parliament is to be laid before that House as soon as practicable after it is received by the Presiding Officer.Note. Section 81P provides for the procedure where a House of Parliament is not sitting when a report is presented.(5) The CYP Commission may, if the Commission thinks it appropriate to do so, report on the results of any such audits over more than one report.
81NA Duty of persons to assist the CYP Commission
(1) It is the duty of a prescribed person to provide the CYP Commission with full and unrestricted access to records that are under the person’s control, or whose production the person may, in an official capacity, reasonably require, being records to which the CYP Commission reasonably requires access for the purpose of exercising its functions under this Part.(2) A provision of any Act or law that restricts or denies access to records does not prevent a person to whom subsection (1) applies from complying, or affect the person’s duty to comply, with that subsection.(3) Access to which the CYP Commission is entitled under subsection (1) includes:(a) the right to inspect and, on request, to be provided with copies of, any record referred to in that subsection, and(b) the right to inspect any non-documentary evidence associated with any such record.(4) In this section:prescribed person means any of the following persons:
(a) the Registrar or other proper officer of a court,(b) the Commissioner of Police,(c) any person holding a statutory office prescribed by the regulations,(d) any person employed under Chapter 1A (The Government Service) of the Public Sector Employment and Management Act 2002 to hold a position or an office prescribed by the regulations.record means any document or other source of information compiled, recorded or stored in written form or on film, or by electronic process, or in any other manner or by any other means.
81O Unauthorised disclosure or dishonest disclosure of information
(1) A person must not directly or indirectly disclose any information obtained by the person in connection with the conduct of an audit or consultation under section 81N, unless the disclosure:(a) is made in good faith for the purposes of the audit or consultation, or(b) is made with the consent of the person to whom the information relates, or(c) is ordered by a court, or any other body or person exercising judicial functions, for the purposes of the hearing or determination by the court, body or person of any matter, or(d) is made for the purpose of providing information to the Commissioner of Police in connection with a possible criminal offence, or(e) is made for the purposes of exercising a function under this Division, or(f) is made for the purpose of reporting to the Director-General of the Department of Community Services that a child may be at risk of harm.(2) A person who dishonestly obtains confidential information relating to the conduct of an audit or consultation under section 81N is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.
81P Reports presented to Presiding Officer of House of Parliament
(1) If a House of Parliament is not sitting when the CYP Commission presents a report under section 81N to the Presiding Officer of the House, the Presiding Officer is to make the report public instead of laying the report before the House.(2) A report that is made public by the Presiding Officer of a House of Parliament:(a) is, for all purposes, taken to have been laid before the House, and(b) is to be printed by authority of the Presiding Officer of the House, and(c) is, for all purposes, taken to be a document published by order or under the authority of the House, and(d) is to be recorded:(i) in the case of the Council, in the Minutes of the Proceedings of the Legislative Council, and(ii) in the case of the Assembly, in the Votes and Proceedings of the Legislative Assembly,on the first sitting day of the House after receipt of the report by the Presiding Officer.
Division 6 Ballot papers for Assembly elections
82 Ballot papers to be provided
(1) Ballot papers to be used for an election for a district shall be provided by the Electoral Commissioner after a poll has been appointed.(2) Such papers shall be in or to the effect of the form prescribed in Schedule 4.
82A Returning officer to determine order in which candidates’ names are to be entered on ballot paper
(1) If after noon on the day of nomination there are two or more candidates for election for a district, the returning officer shall forthwith hold a ballot to determine the order in which the candidates’ names are to be entered on the ballot papers.(2) Every such ballot shall be held in accordance with the procedure prescribed by regulations made under this Act.
In printing the ballot papers:(a) the names of all candidates duly nominated shall be entered on the ballot papers in the order in which those names were drawn by a ballot held pursuant to section 82A,(b) the surname of each candidate shall be in more conspicuous type than that used for the candidate’s given name or names,(c) where similarity in the names of two or more candidates is likely to cause confusion, the Electoral Commissioner may arrange the names with such description or addition as will distinguish them from one another,(d) a square shall be printed opposite the name of each candidate, and(e) if required by Division 6B, the names of registered parties or the word “Independent” shall be printed in accordance with that Division.
Division 6A Ballot papers for periodic Council elections
83A Ballot papers to be provided
(1) Ballot papers to be used for a periodic Council election shall be provided by the Electoral Commissioner after a poll has been appointed.(2) The ballot papers shall be in or to the effect of the form prescribed in Schedule 4A.(3) The Electoral Commissioner shall deliver or arrange to be delivered to the returning officer for each district such number of ballot papers as is sufficient for the use of electors entitled to vote in the district.
(1) If after noon on the day of nomination for a periodic Council election there are:(a) two or more groups of candidates for that election, the Electoral Commissioner shall forthwith hold a ballot to determine the order in which those groups are to be entered on the ballot papers, or(b) two or more candidates, not included in a group, for that election, the Electoral Commissioner shall forthwith hold a ballot to determine the order in which those candidates’ names are to be entered on the ballot papers.(2) Every such ballot shall be held in accordance with the procedure prescribed by regulations made under this Act.(3) In printing the ballot papers for a periodic Council election:(a) for which there is only one group, the names of candidates included in that group shall be printed in a group before the names of candidates, if any, not included in that group,(b) for which there are two or more groups, the names of candidates included in the groups shall be printed in groups across the ballot papers in the order determined under subsection (1) (a), before the names of candidates, if any, not included in any such group,(c) the order, within a group, in which the names of candidates in that group shall be printed in the ballot papers shall be the order specified in the claim made by them in accordance with section 81C (1), and(d) the names of candidates, if any, not included in any group shall be printed as a group, without any identification referred to in subsection (5) (a), in the ballot papers in the order determined under subsection (1) (b).(4) In printing the ballot papers for a periodic Council election for which there are no groups, the names of the candidates shall be printed in the order determined under subsection (1) (b).(5) In printing the ballot papers:(a) each group (and any group voting square relating to the group) shall be identified by the word “Group” followed by a successive letter of the English alphabet, starting with the letter “A”, and if there are more than 26 groups each group (and any group voting square relating to the group) after the twenty-sixth shall be identified by such symbol as may be determined by the Electoral Commissioner,(b) the surname of each candidate shall be in conspicuous type,(c) each candidate shall also be identified, as may be determined by the Electoral Commissioner, by the candidate’s given name or names, by the initial letter of the candidate’s given name or names or by a combination of the candidate’s given name or one or more of the candidate’s given names and the initial letter of the candidate’s other given name or names, if any,(d) the given name or names or the initial letter or letters of the given name or names of each candidate shall be in less conspicuous type than the type in which the candidate’s surname is printed,(e) any given name or the initial of any given name of the candidate may be printed on a line after the line on which the candidate’s surname is printed,(f) where similarity in the names of two or more candidates is likely to cause confusion, the Electoral Commissioner may arrange the names with such description or addition as will distinguish them from one another,(g) a square shall be printed opposite the name of each candidate, and(h) if required by Division 6B, the names of registered parties or the word “Independent” shall be printed in accordance with that Division.(5A) If the candidates in a group have duly requested under section 81C (1A) a group voting square for a periodic Council election, an additional square shall be printed on the ballot papers for the election above the names of the candidates included in the group.(5B) (Repealed)(6) Where, before the day for the taking of the poll at any periodic Council election:(a) any candidate has died, or(b) any candidate is declared by any court to be incapable of being elected at that election,the Electoral Commissioner shall take such action with respect to the printing of the ballot papers (including, if the Electoral Commissioner thinks fit, causing the ballot papers to be reprinted, causing notations or marks to be made on them or causing further ballots of the kind referred to in subsection (1) to be held) as in the Electoral Commissioner’s opinion is necessary as a consequence of the circumstances referred to in paragraph (a) or (b).
Division 6B Party endorsement on ballot papers
83D Notification of party endorsement
(1) The registered officer of a registered party may request that either the registered name of that party or the registered abbreviation of the name of that party be printed on the ballot papers for an election adjacent to the name of a candidate who has been endorsed by that party.(2) Any such request is to be in writing signed by the person making the request.(3) Any such request is to be given before noon on the day of nomination to:(a) in the case of a periodic Council election—the Electoral Commissioner, or(b) in the case of an election of a Member of the Assembly for an electoral district—the returning officer for the district or the Electoral Commissioner.(4) If:(a) any such request has been made in respect of candidates in a periodic Council election, and(b) the candidates have duly requested under section 81C (1A) a group voting square for the purposes of the election,the request may include a further request that the name of the registered party that endorsed the candidates, or a composite name formed from the registered parties that endorsed the candidates, be printed on the ballot papers adjacent to the candidates’ group voting square.(5) A reference in this section to a registered name or abbreviation is a reference to a name or abbreviation entered in the Register of Parties under Part 4A.
83E Notification of independent candidacy
(1) A candidate in an election may request that the word “Independent” be printed adjacent to the candidate’s name on the ballot papers for the election.(2) Any such request is to be in writing signed by the person making the request.(3) Any such request is to be given before noon on the day of nomination to:(a) in the case of a periodic Council election—the Electoral Commissioner, or(b) in the case of an election of a Member of the Assembly for an electoral district—the returning officer for the district or the Electoral Commissioner.(4) A candidate may not make both a request under this section and a claim under section 81C to have the candidate’s name included in a group on the ballot paper.
83F Verification of party endorsement
(1) For the purposes of this Act, a person is taken to have been endorsed by a registered party as a candidate in an election if:(a) the candidate is nominated by the registered officer of the party, or(b) the name of the candidate is included in a statement, signed by the registered officer of the party, setting out the names of the candidates endorsed by the party in the election and given to the Electoral Commissioner before noon on the day of nomination, or(c) the Electoral Commissioner is satisfied, after making such inquiries as the Commissioner thinks appropriate of the registered officer or otherwise, that the candidate is so endorsed.(2) If a person has been endorsed as a candidate in an election by 2 or more registered parties, the person is, for the purposes of this Division, taken to have been endorsed:(a) if the person is nominated by the registered officer of one of the parties—by that party, or(b) if a request has been made under this Division by the registered officer of one of the parties (and paragraph (a) does not apply)—by that party, or(c) if paragraphs (a) and (b) do not apply—by the party specified by the person in a written notice given to the Electoral Commissioner.
A request under this Division:(a) may be written on the same paper as the nomination of the candidate to whom the request relates, and(b) if 2 or more requests are to be made by the same person—may be combined with the other requests.
83H Printing of party name etc on ballot papers
(1) If a person:(a) has been endorsed by a registered party as a candidate in an election, and(b) a request has been made in respect of the candidate under section 83D,the name of that party is to be printed adjacent to the name of the candidate on the ballot papers.(2) If 2 or more persons have been endorsed by a registered party as candidates in a periodic Council election and a claim has been made to include the names of those candidates in a group in the ballot papers, the following requirements apply to the printing of the ballot papers:(a) the name of the party by which each candidate was endorsed is to be printed adjacent to the name of that candidate on the ballot papers,(b) if all the candidates were endorsed by the same party and a group voting square is printed on the ballot papers in relation to the candidates—the name of the party is to be printed on the ballot papers adjacent to that square,(c) if the request under section 83D included a request that a composite name be printed adjacent to the group voting square on the ballot papers in relation to the candidates—the composite name is to be printed on the ballot papers adjacent to that square.(3) If a candidate in an election has made a request under section 83E, the word “Independent” is to be printed adjacent to the name of the candidate on the ballot papers.
83I Form of party name on ballot papers
(1) Where a provision of this Act requires the name of the registered party to be printed on ballot papers for use in an election:(a) the name to be so printed is the name of the party entered in the Register of Parties under Part 4A, or(b) if a request has been duly made under this Division for the abbreviation of the name of the party to be so printed—the abbreviation to be so printed is the abbreviation entered in the Register of Parties under Part 4A.(2) The names of registered parties, or the abbreviations of such names, printed adjacent to the names of candidates on ballot papers are to be printed in capital letters in type that is uniform in size and style for all those names or abbreviations.(3) The names of registered parties, or the abbreviations of such names, printed adjacent to group voting squares on ballot papers are to be printed in capital letters in type that is uniform in size and style for all those names or abbreviations.
(1) The Electoral Commissioner may:(a) (Repealed)(b) appoint such polling places for each district as the Electoral Commissioner thinks necessary,(c) abolish any polling place,(d)–(f) (Repealed)(2) Notice of any appointment or abolition of a polling place under this section is to be published in the Gazette at a time determined by the Electoral Commissioner.
85 Booths to be erected or rooms hired
(1) The returning officer shall cause such booths to be erected, or rooms to be hired or otherwise provided, for taking the poll at any election at each polling place, as the convenient conduct of the election may require.(2) (Repealed)(3) Premises licensed for the sale of intoxicating liquor may be used for the purpose of a polling booth if, and only if, the Electoral Commissioner is satisfied that, during the hours of polling on polling day:(a) intoxicating liquor will not be available for sale or consumption on the part of the premises proposed for use for the purpose of a polling booth, and(b) the part of the premises proposed for use for the purpose of a polling booth will be segregated from the part of the premises where intoxicating liquor will be available for sale or consumption, and(c) access to the part of the premises proposed for use for the purpose of a polling booth will not involve passing through the part of the premises where intoxicating liquor will be available for sale or consumption.
86 Booths—arrangements, ballot boxes etc
Every booth shall be so arranged as to have one or more inner compartments opening only into that part in which the ballot box is kept; and the polling place manager shall provide in every such compartment pencils or other writing implements for the use of the voters, and shall also provide for each booth a ballot box with a cleft or opening therein capable of receiving the ballot papers.
(1) The returning officer must assign a polling place manager to preside at each polling place.(2) The returning officer or polling place manager must assign at least one election assistant to assist in taking the poll at a polling place.(3) If the returning officer’s instrument of appointment or another instrument issued by the Electoral Commissioner authorises him or her to do so, the returning officer may act as the polling place manager at a polling place, in which case the returning officer is taken to be a polling place manager duly assigned to preside at the polling place.(4) Assignments under this section must be made in writing.(5) The functions of polling place managers and election assistants are to be as determined by the returning officer, subject to this Act and any directions of the Electoral Commissioner.(6) The functions of election assistants are to be as determined by the polling place manager, subject to this Act and any directions of the Electoral Commissioner.
87A Mobile booths in hospitals etc
(1) Where a polling place has been appointed in any convalescent home, hospital or similar institution, the returning officer shall provide such number of polling booths therein as the Electoral Commissioner may determine.(2) Where one booth is so provided such booth shall in addition to being used as a stationary booth be used as a mobile booth, and where more than one booth is so provided one or more of such booths designated by the returning officer shall be used as a mobile booth or booths. A mobile booth shall be used for the purpose of affording an opportunity to vote to every elector who:(a) is for the time being resident in the home, hospital or institution in which the booth is situated, and(b) by reason of illness or infirmity, or, in the case of a woman, by reason of approaching maternity, is unable to attend at the polling place to record the elector’s vote, and(c) has, by message to the polling place manager, requested him or her to afford the elector an opportunity to record the elector’s vote at such mobile booth.Every person to whom any such message is given for delivery to the polling place manager, shall, unless otherwise ordered, on medical grounds, by a legally qualified medical practitioner, deliver such message forthwith to the polling place manager.
Any person contravening this subsection shall be liable to a penalty not exceeding 0.5 penalty unit.
(3) Where any such message has been received by the polling place manager he or she shall direct the election official in charge of a mobile booth to afford the elector an opportunity to record the elector’s vote by visiting the elector at some time before the close of the poll. On any such visit the election official shall take with him or her the ballot box provided for the booth and shall be accompanied by another election official and such of the scrutineers appointed in respect of the booth as choose to accompany him or her.On any such visit to an elector the elector’s vote shall so far as is reasonably practicable be taken in all respects as if the vote were recorded in a polling booth under usual conditions.
No visit shall be made under this section if such visit is forbidden, on medical grounds, by a legally qualified medical practitioner.
89 Polling place managers to be furnished with copies of rolls and ballot papers
(1) Before the day of polling the returning officer shall:(a) provide for use at each polling place sufficient copies certified under his or her hand of the printed rolls in force for the district in which the poll is to be taken, and(b) deliver to each polling place manager, and retain, such numbers, respectively, of the ballot papers as are sufficient for the use of the electors entitled to vote at each booth at which the returning officer and polling place managers, respectively, are to take the poll,and shall keep an exact count of all those ballot papers.(1A) The returning officer shall retain for use at his or her office:(a) at least one copy of the printed rolls in force for his or her district, and(b) such number of ballot papers as he or she considers will be required for the use of electors who are permitted to vote at his or her office before polling day,and shall keep an exact count of those ballot papers.(1B) The ballot papers for a periodic Council election to be delivered or retained pursuant to subsection (1) or (1A) shall be taken from the ballot papers delivered to the returning officer for the district pursuant to section 83A (3).(2) It is the duty of an election official:(a) to initial the front of a ballot paper when issued to a voter at the polling booth at which the election official is presiding, and(b) to write or cause to be written any additional ballot papers that may be required, and to initial the front of any such additional ballot papers.(3) A certified copy of the roll referred to in subsection (1) shall be a copy of the roll of the electors (including persons whose names have been placed on the roll in pursuance of a claim made under section 33A and who will have attained the age of 18 years on polling day) on the roll in force for the district for which the polling place has been declared to be a polling place.(4) A copy of a roll referred to in this section must not contain any particulars relating to a person’s occupation.
(1) Each candidate shall be entitled to appoint scrutineers on his or her behalf at each polling booth; save as is hereinafter provided such scrutineers shall be entitled to be present in that part of the booth in which the ballot papers are received.(2) A scrutineer shall not:(a) interfere with or attempt to influence any elector within the polling booth, or(b) communicate with any person in the polling booth except so far as is necessary in the discharge of his or her functions.(3) A scrutineer shall not be prevented from entering or leaving a polling booth during the polling, and, during his or her absence, a relieving scrutineer may act in his or her place; but only one scrutineer for each candidate shall be entitled to be present in a polling booth at any one time.(4) A scrutineer who commits any breach of this section, or who misconducts himself or herself, or who fails to obey the lawful directions of the returning officer or polling place manager shall be liable to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.(5) A reference in subsection (1) or (3) to a candidate shall, in relation to a candidate who is included in a group for the purpose of a periodic Council election, be construed as a reference only to the candidate first in the order, referred to in section 81C (2), in that group.(6) A scrutineer does not breach subsection (2) (a) only because the scrutineer wears or displays any badge or emblem of a candidate or political party.(7) Without limiting the generality of section 114, a scrutineer who, within a polling booth:(a) commits any breach of this section,(b) misconducts himself or herself, or(c) fails to obey the lawful directions of the returning officer or polling place manager,may, on the request of the returning officer or polling place manager at the polling booth, be removed from the polling booth by a police officer.Note. Section 137 contains provisions relating to the appointment of and declarations by scrutineers.
Division 8 General provisions for the regulation of voting
92 Exercise of functions of election officials under this Division by election assistants
A function expressed to be conferred or imposed on an election official by this Division may be exercised by an election assistant only if the election assistant has been assigned to exercise the function by the returning officer or polling place manager.
93 Who may be present at polling place
(1) The following persons may, at any time during the taking of a poll, be present at the polling place:(a) the Electoral Commissioner,(b) election officials,(c) scrutineers,(d) any police officer designated by the polling place manager,(e) voters actually engaged in voting, such voters to be designated, if thought necessary, by the polling place manager.(2) Any person who, without lawful authority, the proof of which shall be on him or her, enters any polling place or, being therein, refuses to quit the polling place forthwith on being required by the polling place manager, or by any police officer acting under the direction or authority of such polling place manager, may be removed from the polling place, and shall be liable to a penalty not exceeding 5 penalty units.
94 Ballot box to be exhibited before taking of poll
Immediately before proceeding to take the poll at any polling place the polling place manager shall exhibit for the inspection of the candidates, scrutineers, and other election officials present, the ballot box open and empty, and shall immediately afterwards close and seal, and place the same empty and keep the same unopened upon the table at which he or she is to preside, and in full view of all persons present in the polling place.
(1) Subject to subsection (2), every polling shall commence at 8 am on the day appointed for the polling to take place, and shall, unless lawfully adjourned, close at 6 pm on that day.(2) Subject to sections 111 (d) and 114 (1) (b) (iii), if any elector is in a polling place at 6 pm on polling day and desires to vote, his or her vote shall be taken and the polling shall not close until he or she has voted.
96 Permission to be granted to employees to go to polling place
Every employer shall at the request of any elector employed by him or her allow such elector to go, at a reasonable time, to a polling place and record his or her vote at any election.If any person contravenes the above provision he or she shall be liable to a penalty not exceeding 3 penalty units:
Provided that the above provision shall not apply where the elector has a half-holiday on the day of the election.
(1) Any elector may vote at any polling place which has been declared to be a polling place for the district for which he or she is enrolled.(2) If the elector is of Jewish persuasion, and has made the declaration prescribed under section 109, the declaration under section 115, may be made orally, and the signature of the elector provided for in these declarations may be made by an election official.
98 Appointment of polling places outside electoral district
(1) The Electoral Commissioner, in any case in which he or she is satisfied that the convenience of a large number of electors of any district would be furthered by appointing polling places outside such district, may appoint such polling places.The Electoral Commissioner may abolish any polling place so appointed.
(2) Where an elector votes outside his or her district at a polling place duly appointed under subsection (1), he or she shall deposit such ballot paper in a ballot box specially set apart for ballot papers for the district in respect of which the voter claims to vote, and upon the close of the poll such ballot papers, together with all documents received by the polling place manager in connection with the poll, shall be dealt with in accordance with the provisions of section 123 or 129C, as the case may require.(3) Notice of any appointment or abolition of a polling place under this section is to be published in the Gazette at a time determined by the Electoral Commissioner.
99 Questions to be put to voter
(1) An election official shall put the following questions to each person attending before him or her and claiming to vote in an election or elections:(a) What is your full name?(a1) What is your date of birth?(b) Where do you reside?(c) Have you voted before in this election? or Have you voted before in these elections? (as the case requires)(2) In addition to the questions put under subsection (1), an election official shall ask each person claiming to vote as an absent voter in an election to identify the electoral district for which the person is enrolled.(3) Where, in answer to the question specified in subsection (1) (b) put to the person by an election official, a person (other than an absent voter, an eligible overseas elector or an itinerant elector) gives a place of residence other than:(a) the person’s residence shown on the roll, or(b) another residence in the electoral district in respect of which the person claims to vote,the election official shall ask the following question: At what other place or places have you lived during the last 3 months?(4) If the answers to the questions specified in subsection (1) (a), (a1) and (b) that are given by a person claiming to vote are not sufficient to distinguish that person from another person on the roll, the election official may, for the purpose of distinguishing the 2 persons, ask the person claiming to vote another question or other questions relating to matters shown on the roll in relation to those persons.(5) Subject to section 99A, if a person claiming to vote to whom questions are put under this section:(a) refuses to answer fully any question so put to the person,(b) so answers the question specified in subsection (1) (b) and the question specified in subsection (3) as to indicate that the person is not entitled to vote by virtue of section 20 (6), or(c) answers a question specified in subsection (1) (c) in the affirmative,the person’s claim to vote shall be rejected.
99A Person whose residence is not on the roll
Where an elector for an electoral district whose name appears, but whose residence does not appear, on the roll for a subdivision claims to vote at an election and to be an elector to whom section 38A applies, the elector may, subject to this Act and the regulations, be permitted to vote if the elector makes a declaration of residence in the prescribed form on an envelope, or, if the elector is an absent voter, on the envelope bearing the declaration made by the voter under section 115 (1), before an election official at the polling place.
100 Questions to be put if voter challenged
(1) An election official may, and at the request of any scrutineer shall, put to any person claiming to vote all or any of the following questions:(a) Are you the person whose name appears as [here state name under which the person claims to vote] on the roll for [the district of ]?(b) Are you of or above the age of eighteen years?(c) Have you already voted, either here or elsewhere, at this election?(d) Are you disqualified from voting?(e) Is your place of living within the district [here state the name of the district in respect of which the elector claims to vote]?(f) (If the question set out in paragraph (e) is answered in the negative)—Was your place of living at any time within the last three months within the district of [here state the name of the district in respect of which the elector claims to vote]?(2) If any person refuses to answer fully any question put to him or her by the election official, or by his or her answer shows that he or she is not entitled to vote, his or her claim to vote shall be rejected.(3) The voter’s answer to the question shall be conclusive, and the matter shall not be further inquired into during the polling.(4) (Repealed)
101 Errors not to forfeit vote
No omission of any given name or names, or entry of a wrong given name or names, or address, or date of birth, and no mistake in the spelling of any surname, shall warrant the rejection at any polling of any claim to vote if the voter is sufficiently identified in the opinion of the election official. No female elector shall be disqualified from voting under the name appearing on the roll because her surname has been changed by marriage, but in such case a note of the fact shall be made by the election official.
102 Ballot papers to be initialled
No ballot paper is to be issued to any voter without being first initialled by an election official on the front of the ballot paper, and an exact count must be kept of all initialled ballot papers.
(1) Upon receipt of a ballot paper the voter shall, without delay:(a) retire alone to some unoccupied compartment of the booth, and there in private record his or her vote on the ballot paper,(b) fold the ballot paper so as to conceal the names of the candidates, and then forthwith openly, and without unfolding it, deposit it in the ballot box,(c) quit the booth.(2) In the case of the election of a member of the Assembly, a voter shall record his or her vote for at least one candidate by placing the number “1” in the square opposite the name of the candidate for whom he or she desires to give his or her first preference vote and may, if he or she wishes, vote for additional candidates by placing consecutive numbers beginning with the number “2” in the squares opposite the names of those additional candidates in the order of his or her preferences for them.(3) In the case of a periodic Council election, a voter shall record his or her vote for at least 15 candidates by placing the numbers “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12”, “13”, “14” and “15” in the squares opposite the names of 15 candidates in the order of his or her preferences for them and may, if he or she wishes, vote for additional candidates by placing consecutive numbers beginning with the number “16” in the squares opposite the names of those additional candidates in the order of his or her preferences for them.(4) If the ballot paper in a periodic Council election contains one or more group voting squares, the voter may record a vote by placing the number “1” in any one of those squares instead of recording a vote in accordance with subsection (3) and may, if he or she wishes, vote for additional groups of candidates by placing consecutive numbers beginning with the number “2” in the group voting squares above the names of those additional groups of candidates in the order of his or her preferences for them.
103A Vote of person whose residence is not shown on the roll
(1) Notwithstanding section 103 (1), if an elector votes under the provisions of section 99A, the elector shall mark and fold the elector’s ballot papers in the manner prescribed in this Act and return it so folded to an election official.(2) The election official shall thereupon, in the presence of the elector and of such scrutineers as are present, and without unfolding the ballot paper, enclose it in an envelope bearing the declaration of the voter and addressed to the returning officer for the district for which the elector is enrolled and shall forthwith securely fasten the envelope and deposit it in the ballot box.(3) The returning officer or the polling place manager shall, without opening the envelope, forthwith transmit it to the returning officer for the district for which the elector is enrolled.(4) The returning officer or an election official authorised by the returning officer, on receipt of the envelope containing the ballot paper, shall, before opening the envelope or allowing any other person to do so, examine the declaration of the elector, and, if it is in order and he or she is satisfied that the residence specified in the declaration is the residence specified in a request under section 38A by the elector (as affected by any change of residence annotated on the request) shall deal with the ballot paper in the manner prescribed in connection with the scrutiny of absent voters’ ballot papers.(5) Subsections (1), (2), (3) and (4) do not apply in relation to a ballot paper marked by an absent voter who makes a declaration of residence under section 99A, but, where a returning officer for a district receives an envelope bearing such a declaration in relation to the district, he or she shall examine the declaration and, if it is in order and he or she is satisfied that the residence specified in the declaration is the residence specified in a request under section 38A by the absent voter (as affected by any change of residence annotated on the request), shall deal with the ballot paper in the scrutiny of absent votes.
If any voter satisfies an election official, before his or her ballot paper is deposited in the ballot box, that he or she has spoilt it by mistake or accident, he or she may, on giving it up, receive a new ballot paper from an election official, who shall there and then cancel and preserve the spoilt ballot paper.
(1) If, at any election, any ballot paper has been delivered to any person having tendered a vote, and if any other person subsequently tenders a vote at the election in the name of, or as purporting to be, such first-mentioned person, an election official shall put to the person so subsequently tendering a vote the prescribed questions. If the person answers the questions satisfactorily, and makes a declaration in the prescribed form, he or she may be permitted to vote.(1A) If a person whose name has been noted (on the certified copy of the roll used at the polling place for the subdivision in which the elector is enrolled) as that of an elector to whom a postal ballot paper or pre-poll vote has been issued claims to vote in the election at that polling place, an election official shall put to the person the prescribed questions. If the person answers the questions satisfactorily, states that he or she has not applied for a postal ballot paper or pre-poll vote and makes a declaration in the prescribed form, the person may be permitted to vote.(2) Notwithstanding anything contained in this Act, when any person who is entitled to be enrolled on the roll for a district claims to vote at an election at a polling place prescribed for a subdivision of that district, and his or her name has been omitted from or struck out of the certified copy of the roll being used at such election owing to an error of an officer or a mistake of fact, or when any person who is enrolled on the roll for a district claims to vote at an election at a polling place prescribed for a subdivision of that district and his or her name cannot be found by an election official on the certified copy of the roll being used at such election, he or she may, subject to this Act and the regulations, be permitted to vote if:(a) in the case of a person whose name has been omitted from the roll:(i) he or she sent or delivered to the registrar for the subdivision a duly completed claim for enrolment or transfer of enrolment, as the case requires, in respect of the subdivision, and the claim was received by the registrar before the period commencing at 6 pm on the date of issue of the writ for the election and ending on the close of polling at the election, and(ii) he or she did not after sending or delivering the claim and before the period referred to in subparagraph (i) become qualified for transfer of enrolment to another subdivision, or(b) in the case of a person whose name has been struck out of the roll:(i) his or her name was not, to the best of his or her knowledge, removed from the roll for the district owing to objection, or transfer or duplication of enrolment, or disqualification, and(ii) he or she had, from the time of his or her enrolment for a subdivision of the district to the date of the issue of the writ for the election, continuously retained his or her right to enrolment for a subdivision of that district, or(c) in the case of a person whose name is on the roll for a district for which he or she claims to vote, but cannot be found by an election official, he or she claims that his or her name appears or should appear on the roll,and makes a declaration in the prescribed form.(3) For the purpose of giving effect to this section, the following provisions shall be observed:(a)(i) The form of declaration may be printed or written on an envelope addressed to the returning officer for the district and must, after being filled in, be signed by the voter in the presence of an election official, and completed and attested by him or her.(ii) After the declaration has been made, the election official shall hand to the voter a ballot paper.(iii) The voter, after receiving the ballot paper, shall without delay retire alone into an unoccupied compartment of the polling place and there in private mark his or her vote on the ballot paper.(iv) The voter shall then fold and fasten the ballot paper so that the vote cannot be seen without unfastening it, and at once return the ballot paper so fastened to the election official before whom he or she made the declaration.(v) The election official shall then in the presence of the voter forthwith enclose the ballot paper in the envelope bearing the declaration of the voter and securely fasten the envelope.(b) If any person makes any declaration under this section knowing that the same is untrue in any material particular he or she shall be liable to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.(c) Every envelope containing a vote given under this section shall be promptly delivered by the polling place manager or forwarded under registered cover where practicable to the returning officer for the district.(d) The polling place manager must, immediately after the close of the poll, send to the returning officer advice of the number of envelopes delivered and forwarded.(e) The returning officer or election official assisting him or her shall in the presence of the scrutineers examine the declaration on the envelope containing the ballot paper; and, if after making such enquiries as he or she may deem necessary, it appears to him or her that the person whose name is signed to the declaration is entitled to vote, and that the declaration is duly attested, he or she shall accept the ballot paper for further scrutiny, but otherwise he or she shall reject the ballot paper without opening the envelope.If he or she accepts the ballot paper for further scrutiny, he or she shall open the envelope without destroying the declaration and extract the ballot paper, and shall, without unfolding it, place the ballot paper in the ballot box.
(f) The returning officer or election official assisting him or her shall then proceed with the scrutiny of the ballot papers which have been accepted for further scrutiny by removing them from the ballot box in which they were placed in accordance with paragraph (e) and:(i) by opening any of those ballot papers relating to an election for the Assembly and allowing and counting those which are formal and disallowing and rejecting those which, by virtue of section 122, are informal, and(ii) by opening any of those ballot papers relating to a periodic Council election and counting the votes recorded for each candidate.(g) (Repealed)(4) Where the returning officer or election official assisting him or her accepts the ballot paper of a person voting in pursuance of subsection (2), he or she shall forthwith make the necessary correction in the roll used by him or her for the purpose of the election, and report the matter to the Electoral Commissioner who shall take such action as is necessary to secure the enrolment of the elector.(5) Where the claim of any person to vote under this section is refused the polling place manager shall make a note in writing of the fact of the claim and the reasons for the refusal thereof.The polling place manager and another election official shall sign the note in the presence of such scrutineers as are present.
Any of those scrutineers may also sign the note.
(6) (Repealed)
108 Assistance to certain electors
(1) If an elector satisfies an election official that his or her sight is so impaired or that he or she is so physically incapacitated that he or she is unable to vote without assistance, the election official shall permit a person appointed by the elector to enter an unoccupied compartment of the booth with the elector and mark, fold and deposit the elector’s ballot paper for him or her.(2) If any such elector fails to appoint a person in pursuance of subsection (1), or if any elector satisfies an election official that he or she is so illiterate that he or she is unable to vote without assistance, the election official, in the presence of such scrutineers as are present, or if there are no scrutineers present, then in the presence of:(a) another election official, or(b) if the elector so desires, in the presence of a person appointed by such elector, instead of an election official,shall mark the ballot paper according to the instruction of such elector, and shall fold and deposit the ballot paper in the ballot box.
The instruction of a person under section 108, section 114H (1) (f), section 114T or section 114ZS may be given by handing to the election official or to the authorised witness, as the case may be, a “how to vote” card, or a printed or written statement indicating the candidate for whom the elector desires to vote or the candidates for whom the elector desires to vote and the order of his or her preferences for them.
109 Provision when poll falls on Saturday
If, when the day appointed for taking any poll falls on a Saturday or on any day on which occurs a Jewish fast or festival, any person to whom a ballot paper has been delivered, declares at the prescribed time and in prescribed form that he or she is of the Jewish persuasion, and objects on religious grounds to vote in the manner provided by this Act, an election official shall, at the request of such person, and in presence of such person, and for him or her, and in presence of another election official and the scrutineers (if any), mark the ballot paper according to the instruction of such person, and deal with such ballot paper in the manner provided by section 108.
If upon examination of the several rolls used at any election or of any other documents or writings in his or her possession, or if from evidence satisfactory to him or her (from whatever source derived) it appears to the election official or election officials that any person has voted in more than one district at and for one and the same election, the vote given outside the proper district of such person shall, if ascertainable from any such evidence as aforesaid, be rejected.
111 Ballot papers not to be removed from polling booth etc
A person shall not, without lawful authority:(a) remove a ballot paper from any polling booth or, where the office of a returning officer is open to enable electors to vote before polling day, remove a ballot paper from that office,(b) enter into a compartment of a polling booth while any person is in the compartment,(c) remain in the compartment of a polling booth, or, where he or she is voting at the office of a returning officer before polling day, remain at that office for a longer period than is necessary for the purpose of marking his or her ballot paper, or(d) obstruct or unnecessarily delay the proceedings at a polling booth or, where the office of a returning officer is open to enable electors to vote before polling day, the proceedings at that office.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
112 False answer to questions etc or double voting
(1) If any person:(a) to whom any of the prescribed questions is so put as aforesaid wilfully makes a false answer to the same or any part thereof, or(b) wilfully makes a false declaration in respect of any matter or thing for which a declaration is required by this Part, or(c) personates any elector for the purpose of voting at any election, or(d) votes twice at any election, or(e) knowingly deposits in the ballot box at any polling place more ballot papers than one,the person is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.
(2) A person does not commit an offence arising under subsection (1) (e) by reason only of his or her depositing in the ballot box, used for elections referred to in section 120J, the ballot papers used by him or her for voting in each of those elections.
113 Penalty for obstructing elector from access to polling place
A person shall not, on polling day, or on any day to which polling is adjourned, or on any day on which the office of a returning officer is open to enable electors to vote before polling day, obstruct the access or approaches to the polling booth or the office of the returning officer, as the case may be.Maximum penalty: 0.5 penalty unit.
(1) Every police officer shall have and may exercise such powers as may be necessary to maintain order and keep the peace at any election or polling under this Act, and for that purpose and without prejudice to any other powers conferred on him or her by law:(a) may:(i) without warrant, arrest or cause to be arrested any person who he or she has reasonable grounds to believe is committing or has committed or is attempting to commit an offence under this Act at or in the immediate vicinity of any polling place or, where the office of the returning officer is open to enable electors to vote before polling day, at or in the vicinity of that office, or(ii) instead of arresting or causing the arrest of the person, remove or cause the removal of that person from the polling place or immediate vicinity of that polling place or, as the case may be, from the office of the returning officer or immediate vicinity of that office, and(b) may remove or cause to be removed from a polling booth and from the immediate vicinity of the polling booth, and, where the office of the returning officer is open to enable electors to vote before polling day, from that office and from the immediate vicinity of that office, any person:(i) who, having been given a lawful direction by or under the authority of the returning officer or polling place manager, fails to comply with that direction,(ii) who is obstructing the access or approaches to the polling booth or, as the case may be, to that office,(iii) who is obstructing or unnecessarily delaying the proceedings at the polling booth or, as the case may be, at that office, or(iv) who is behaving in a disorderly manner or is causing a disturbance.(2) Any person arrested under subsection (1) shall, as soon as practicable thereafter, be taken before a Magistrate or an authorised officer within the meaning of the Criminal Procedure Act 1986 to be dealt with according to law for the offence for which he or she was arrested.(3) Every returning officer and polling place manager may give such directions as are necessary to maintain order at any election or polling under this Act.(4) A person must not, without lawful authority, contravene any such direction.Maximum penalty (subsection (4)): 5 penalty units.
114A Application for a postal vote certificate and postal ballot paper
(1) An elector who:(a) will not throughout the hours of polling on polling day be within the State,(b) will not throughout the hours of polling on polling day be within eight kilometres by the nearest practicable route of any polling booth open for the purposes of an election,(c) will throughout the hours of polling on polling day be travelling under conditions which will preclude him or her from voting at any polling booth,(d) is seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any polling booth to vote, or, in the case of a woman, will, by approaching maternity, be precluded from attending at any polling booth to vote,(d1) is, at a place other than a hospital, caring for a person who is seriously ill or infirm or approaching maternity and by reason of caring for the person will be precluded from attending at any polling booth to vote,(e) is, by reason of his or her membership of a religious order or his or her religious beliefs:(i) precluded from attending at a polling booth, or(ii) precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours,(f) is, by reason of his or her being kept in a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999), precluded from attending at any polling booth to vote,(g) will, by reason of being engaged for fee, gain or reward in any work throughout the hours of polling on polling day, be precluded from attending at any polling booth to vote, or(h) is a silent elector,may make an application for a postal vote certificate and a postal ballot paper to the Electoral Commissioner or the returning officer for the district for which the elector is enrolled or, if the elector has reason to believe that the application may not reach the Electoral Commissioner or that returning officer so as to enable him or her to receive from the Electoral Commissioner or that returning officer the postal vote certificate and the postal ballot paper in time to permit him or her to vote at the election, to some other district returning officer.(2) An application under subsection (1) shall:(a) be in or to the effect of the prescribed form and specify the ground on which the elector is making the application,(b) be signed by the elector, and(c) be witnessed by an authorised witness.(d) (Repealed)(2AA) Nothing in subsection (1) entitles an elector who is an inpatient or inmate of a declared institution within the meaning of Division 11A and will be such an inpatient or inmate on the fifth, fourth and third days immediately preceding polling day to a postal ballot paper and postal vote certificate.(2A) An elector who has made an application under subsection (1) shall, notwithstanding that the application complies with subsection (2), be entitled to a postal ballot paper and postal vote certificate only if the application is received by the Electoral Commissioner or the returning officer to whom it is addressed:(a) in the case of an application sent from within Australia, before 6 pm on the third day preceding polling day, or(b) in the case of an application sent from outside Australia, before 6 pm on the fifth day preceding polling day.(2B) A person shall not persuade or induce or associate with any person in persuading or inducing any person to make application for a postal vote certificate and postal ballot paper.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(3) An elector shall not make, and a person shall not induce an elector to make, any false statement in an application for a postal vote certificate and postal ballot paper, or in the declaration contained in such application.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
114AA Registration of general postal voters
(1) In this section:prescribed elector means:
(a) an elector whose real place of living is not within 20 kilometres, by the nearest practicable route, of a polling place,(a1) if the regulations so provide, an elector who will not be within the State during any particular period,(b) an elector who:(i) is a patient in a hospital (not being a hospital that is a polling place or a declared institution under section 114ZN), and(ii) by reason of being seriously ill or infirm, is unable to travel from the hospital,(c) an elector who:(i) is not a patient in a hospital, and(ii) by reason of being seriously ill or infirm, is unable to travel from the place where he or she resides,(c1) an elector who, because he or she will be at a place (other than a hospital) caring for a person who is seriously ill or infirm, is unable to travel from that place to a polling place,(d) an elector who is being kept in a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999),(e) an elector who is enrolled pursuant to a claim made under section 32 (3),(f) an elector whom an Australian medical practitioner has certified, in writing, to be so physically incapacitated that the elector cannot sign the elector’s name,(g) an elector who is a silent elector, or(h) an elector who, because of his or her religious beliefs or membership of a religious order:(i) is precluded from attending a polling booth, or(ii) for the greater part of the hours of polling on polling day, is precluded from attending a polling booth.register means Register of General Postal Voters for a subdivision kept in accordance with subsection (11).
(2) A prescribed elector may make application to the registrar for the subdivision of the district for which the elector is enrolled to be registered as a general postal voter for the subdivision.(3) An application under subsection (2) in relation to an elector to whom subsection (1) (e) or (f) applies may be made by another person acting on behalf of the elector.(4) The certificate referred to in subsection (1) (f) shall be lodged with the application under subsection (2) to which it relates.(5) An application under subsection (2) shall be in the prescribed form.(6) If a registrar is satisfied that an elector making an application under subsection (2) is:(a) enrolled in the subdivision for which he or she is a registrar, and(b) a prescribed elector,the registrar shall register the elector as a general postal voter for the subdivision by entering the name of the elector in the register referred to in subsection (11).(6A) A registrar may register an elector to whom subsection (1) (a1) applies as a general postal voter only during the period that the elector has specified as the period during which he or she will not be within the State.(7) If a claim for enrolment or transfer of enrolment is made in respect of a person pursuant to section 32 (3) and the claim indicates that the person wishes to be a registered general postal voter, the registrar for the subdivision for which the person is claiming enrolment shall, forthwith upon enrolment, register the person as a general postal voter by entering the name of the person in the register.(8) If a registrar for a subdivision registers an elector as a general postal voter for the subdivision, the registrar shall advise the elector, in writing, of the registration.(9) If a registrar for a subdivision is not satisfied that an elector making an application under subsection (2) is enrolled for the subdivision, the registrar shall advise the elector, in writing, to that effect.(10) If a registrar for a subdivision is not satisfied that an elector who is enrolled for the subdivision and who makes an application under subsection (2) is a prescribed elector, the registrar shall advise the elector, in writing, to that effect.(11) A registrar for a subdivision shall cause a Register of General Postal Voters for the subdivision to be kept and shall cause to be entered in the register in relation to an elector who is registered as a general postal voter for the subdivision:(a) the name of the elector,(a1) in the case of an elector to whom subsection (1) (a1) applies, the period of registration, the fact that the elector is registered under subsection (1) (a1) and the address of the place outside New South Wales to which ballot papers are to be sent,(b) the residence shown on the roll for the subdivision for which the elector is enrolled as the real place of living of the elector, and(c) such other particulars as the Electoral Commissioner determines.(12) A copy of a register is to be open for public inspection, without fee, during ordinary office hours at the office of the registrar. The copy must not contain:(a) any particulars of a silent elector’s residence, or(b) any prescribed particulars relating to an elector.(13) A registrar for a subdivision may cancel the registration of an elector as a general postal voter for the subdivision in such circumstances as are prescribed.(14) A person shall not make, and a person shall not induce another person to make, any false statement in, or in connection with, an application under subsection (2) or in any declaration contained in, or made in connection with, such application.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(15) (Repealed)(16) Where an elector who is a registered general postal voter for a subdivision (in this subsection referred to as the original subdivision) makes a claim under Part 4 for transfer of enrolment to another subdivision (in this subsection referred to as the new subdivision):(a) the registrar for the original subdivision shall, upon receipt under section 35 (1) (b) (iv) of notice of the transfer of enrolment, give notice in writing to the registrar for the new subdivision that the elector was a registered general postal voter for the original subdivision and cancel the registration of the elector as a general postal voter for the original subdivision, and(b) the registrar for the new subdivision shall, upon receipt of notice under paragraph (a), register the elector as a general postal voter for the new subdivision unless the registrar is satisfied that the elector would not be entitled to be so registered if the elector made an application under subsection (2).(17) A registrar for a subdivision shall, when directed to do so by the Electoral Commissioner, conduct a review of the register for the subdivision and, upon completion of the review, shall make such alterations to the register as he or she thinks necessary to ensure that:(a) only electors entitled to be registered general postal voters for the subdivision are so registered, and(b) the details entered in the register in relation to registered general postal voters are accurate.(18) The regulations may provide that all or any specified functions of a registrar under this section are to be exercised by the Electoral Commissioner instead of the registrar. For that purpose, the regulations may provide for the Electoral Commissioner to keep a separate register and may make any other necessary modifications to the operation of this section.
114AB Dispatch of ballot papers to registered general postal voters
The Electoral Commissioner shall, as soon as practicable after the issue of the writ for an election to be held in a district, deliver or post to each elector who is, on that day, a registered general postal voter for a subdivision of the district:(a) a postal vote certificate printed on an envelope addressed to the returning officer, and(b) one postal ballot paper for a periodic Council election, or one postal ballot paper for an Assembly general election or by-election, or both, as the case requires.
(1) Subject to subsection (2) an elector whose name appears on the roll for the State of New South Wales, on the Commonwealth roll for any other State, on the roll for the Australian Capital Territory or on the roll for the Northern Territory of Australia is an authorised witness for the purposes of this Act.Outside Australia the following persons are also authorised witnesses for the purposes of this Act:
(a) an officer of the naval, military or air forces of the Commonwealth or of some other part of the Queen’s dominions,(b) a person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth or of a part of the Queen’s dominions,(c) a justice of the peace for or a minister of religion or medical practitioner resident in a territory of the Commonwealth or a part of the Queen’s dominions,(d) an Australian citizen.(1A) (Repealed)(2) A person is not eligible to be an authorised witness at or in connection with an election if he or she is a candidate at the election.
(1) An authorised witness shall not witness the signature of any elector to an application for a postal vote certificate and postal ballot paper unless:(a) he or she has satisfied himself or herself as to the identity of the applicant,(b) he or she has seen the applicant sign the application, and(c) he or she knows that the statements contained in the application are true, or has satisfied himself or herself by inquiry from the applicant or otherwise that the statements contained in the application are true.Maximum penalty: 5 penalty units.
(2) The authorised witness witnessing the signature of any elector to an application for a postal vote certificate and postal ballot paper shall sign his or her name in his or her own handwriting on the application in the space provided for the purpose, and shall add his or her address and the date.(3) (Repealed)
114D Issue of certificate and ballot paper
(1) Where the Electoral Commissioner or a returning officer receives an application made in accordance with section 114A, he or she shall deliver or post to the elector who made the application:(a) a postal ballot paper that is in or to the effect of the form prescribed in Schedule 4 or postal ballot papers one of which is in or to the effect of the form prescribed in Schedule 4 and the other of which is in or to the effect of the form prescribed in Schedule 4A, as the case may require, and(b) an envelope bearing:(i) the address of the returning officer for the district for which the elector has declared that he or she is enrolled, and(ii) a postal vote certificate that is in or to the effect of the prescribed form.(2) Before delivering or posting a ballot paper for an election for the Assembly under subsection (1), the Electoral Commissioner or returning officer shall, if the particulars of the candidates are not already printed thereon, enter on the ballot paper:(a) the name of the electoral district for which the elector has declared that he or she is enrolled, and(b) the names of the candidates for that district in the order in which those names were drawn by ballot held pursuant to section 82A, and(c) if required by Division 6B, the names of registered parties or the word “Independent”.(3) The returning officer shall not, under subsection (1), deliver or post a ballot paper for a periodic Council election on which particulars relating to the candidates are not already printed, until he or she has been notified of those particulars in accordance with section 81H (4) (b) and has entered those particulars on the ballot paper in the manner specified in that notification.
114E Inspection of applications
(1) All applications for postal vote certificates and postal ballot papers received by a returning officer shall, if they relate to applicants claiming to be enrolled for the district for which he or she is returning officer, be kept by him or her, or if they relate to applicants claiming to be enrolled for another district, after being endorsed by him or her with the date of the issue of the postal vote certificate and postal ballot paper, forthwith be sent by him or her to the returning officer for that district, but any application which has not been received before the time specified in section 114A (2A) (a) or (b), whichever is applicable shall be kept by the returning officer to whom it was made.(1A) All applications for postal vote certificates and postal ballot papers received by the Electoral Commissioner must be sent to the returning officer for the district to which the applications relate.(2) All applications for postal vote certificates and postal ballot papers shall be open to public inspection at all convenient times during office hours, from and including the third day after polling day until the election can be no longer questioned.
114F Postal ballot papers to be initialled
No postal ballot paper is to be delivered or posted to any elector without being first initialled by an election official on the front of the ballot paper, and an exact count must be kept of all initialled postal ballot papers.
114G Returning officer to notify issue of postal vote certificates and postal ballot papers
(1) The returning officer for the district in which the applicants for postal vote certificates and postal ballot papers claim to be enrolled shall, if there is time conveniently to do so, note on the certified copies of the roll the names of all electors to whom postal vote certificates and postal ballot papers have been issued.(2) If there is not time conveniently to note on the certified copies of the roll the issue of a postal vote certificate and postal ballot paper, the returning officer shall immediately advise the polling place manager to whom the certified copies of the roll have been furnished of the issue of the postal vote certificate and postal ballot paper.(3) An elector to whom a postal vote certificate has been issued shall not be entitled to vote at any polling booth unless he or she first delivers to an election official for cancellation his or her postal vote certificate and postal ballot paper.
114GA Person claiming to vote, whose name is noted under section 114G
(1) Notwithstanding anything contained in section 114G, if a person whose name has been noted on a certified copy of the roll as an elector to whom a postal vote certificate and postal ballot paper have been issued:(a) claims to vote in an election at a polling booth, and(b) states, when requested to deliver to an election official for cancellation of the person’s postal vote certificate and postal ballot paper, that the person has not received, or has lost, a postal vote certificate or a postal ballot paper,the person may, subject to sections 20 and 99 and the regulations, be permitted to vote, if the person makes a declaration in the prescribed form before an election official at the polling booth.(2) The ballot paper of a voter voting under this section shall be dealt with in accordance with the provisions of section 106 (3).
114H Directions for postal voting
(1) The following directions for regulating voting by means of postal ballot papers are to be substantially observed:(a) The elector shall exhibit his or her postal ballot paper (in blank) and his or her postal vote certificate to an authorised witness.(b) The elector shall there and then, in the presence of the authorised witness, sign his or her name on the postal ballot certificate in the place provided for the signature of the voter, unless the elector became a registered general postal voter pursuant to an application made under section 114AA as an elector to whom paragraph (e) or (f) of the definition of prescribed elector in section 114AA (1) applies.Note. Paragraphs (e) and (f) of the definition of prescribed elector refer to persons who are physically incapacitated.(b1) The elector is to insert the date on the postal vote certificate, in the place provided for the date.(c) The authorised witness shall then and there sign his or her name in his or her own handwriting on the postal vote certificate in the place provided for the signature of the authorised witness, and shall add the title under which he or she acts as an authorised witness and the date.(d) (Repealed)(e) The elector shall then and there in the presence of the authorised witness, but so that the authorised witness cannot see the vote:(i) mark his or her vote on the ballot paper in the manner directed on the ballot paper,(ii) fold the ballot paper so that the vote cannot be seen,(iii) place the ballot paper in the envelope addressed to the returning officer and fasten the envelope.After the envelope has been fastened the elector shall forthwith post or deliver it or cause it to be posted or delivered to the returning officer.
(f) If the elector’s sight is so impaired, or the elector is otherwise so physically incapacitated or so illiterate, that he or she cannot vote without assistance, a person appointed by the elector shall mark the elector’s vote on the ballot paper in the presence of the authorised witness, and shall then and there fold the ballot paper so that the vote cannot be seen, place it in the envelope addressed to the returning officer, fasten the envelope, and hand it to the voter who shall forthwith post or deliver it or cause it to be posted or delivered, to the returning officer:Provided that if no person is appointed by the elector, the authorised witness, if so requested by the elector, shall take the action required by this paragraph to be taken by a person appointed by the elector, and in taking such action shall mark the ballot paper according to the instructions of the elector.
(g) The authorised witness shall not, otherwise than pursuant to a request made by the elector in accordance with paragraph (f), look at or make himself or herself acquainted with the vote given by the elector, and, except as provided in paragraph (f), shall not suffer or permit any person (other than the elector) to see or become acquainted with the elector’s vote or to assist the elector to vote or to interfere in any way with the elector in relation to his or her vote.(1A) Without limiting the generality of the proviso to subsection (1) (f), an elector to whom the proviso applies may indicate to the authorised witness the manner in which the elector wishes the authorised witness to mark the elector’s ballot paper for the elector by presenting to the authorised witness a statement in writing (which may be, or include, a how-to-vote card) that specifies the manner in which the ballot paper is to be marked.(2) Notwithstanding anything contained in this section, in any case in which a postal ballot paper, if posted prior to the close of the poll, as provided in paragraph (e) or paragraph (f) of subsection (1), would not reach the returning officer for the district in respect of which the elector claims to be enrolled before the end of the period of 4 days immediately succeeding the close of the poll, or if delivered as provided in paragraph (e) or paragraph (f) of that subsection, would not reach that returning officer before the close of the poll, the envelope in which the ballot paper is enclosed may be addressed to, and posted or delivered to, any other returning officer, or may be delivered on polling day to any polling place manager, and the returning officer or the polling place manager, as the case may be, shall deal with it in the prescribed manner.
114I Duty of authorised witness
Every authorised witness shall:(a) comply with the preceding section in so far as it is to be complied with on his or her part,(b) see that the directions in the preceding section are complied with by every elector voting by post before him or her, and by every person present when the elector votes, and(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him or her.An authorised witness shall not influence or attempt to influence, in any way, the vote of an elector voting by post before him or her.
An authorised witness who has discharged the functions prescribed by section 114H in relation to an elector, shall not persuade or induce the elector to hand to him or her for posting or delivery the envelope containing the postal ballot paper, but nothing contained in this paragraph shall be construed to prohibit an authorised witness from posting or delivering any such envelope at the request of the elector.
Any person contravening any of the provisions of this section shall be liable to a penalty not exceeding 10 penalty units.
114J Penalty for unlawfully marking etc ballot paper
(1) No person other than:(a) the elector to whom the postal ballot paper has been issued, or(b) a person appointed by the elector or an authorised witness acting in pursuance of paragraph (f) of subsection (1) of section 114H, assisting an elector whose sight is so impaired, or who is otherwise so physically incapacitated or so illiterate, that he or she cannot vote without assistance,shall mark a vote upon the ballot paper.Any person contravening any of the provisions of this subsection shall be liable to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding six months.
(2) No person other than the returning officer for the district in which an applicant, to whom a postal ballot paper has been issued, claimed to be enrolled or an election official acting under his or her directions shall open the envelope in which the postal ballot paper has been placed and which has been fastened in accordance with section 114H.Maximum penalty: 5 penalty units.
(3) Any person to whom an application for a postal vote certificate and postal ballot paper or an envelope containing or purporting to contain a postal ballot paper is entrusted by an elector for the purpose of posting or delivery to a returning officer or delivery to a polling place manager and who fails to post or deliver forthwith the application or envelope, shall be guilty of an offence.Maximum penalty: 10 penalty units.
114K Duty of persons present when an elector votes by post
Any person present when an elector is before an authorised witness for the purpose of voting by post shall:(a) obey all directions of the authorised witness, and(b) except as provided in paragraph (f) of subsection (1) of section 114H:(i) refrain from making any communication whatever to the elector in relation to his or her vote,(ii) refrain from assisting the elector or in any manner interfering with him or her in relation to his or her vote, and(iii) refrain from looking at the elector’s vote or from doing anything whereby he or she may become acquainted with the elector’s vote.(c), (d) (Repealed)Maximum penalty: 10 penalty units.
114L Preliminary scrutiny of postal ballot papers
At the scrutiny the returning officer or an election official assigned by the returning officer shall produce all applications for postal vote certificates and postal ballot papers, and shall produce unopened all envelopes containing postal votes received up to 6 pm on the fourth day immediately succeeding the close of the poll by him or her, or received up to the close of the poll by any other returning officer or any polling place manager in pursuance of section 114H (2), and shall:(a) compare the signature of the elector on each postal vote certificate with the signature of the same elector on the application for the certificate, and allow the scrutineers to inspect both signatures,(b) if he or she is satisfied that:(i) the signature on the certificate is that of the elector who signed the application for the certificate,(ii) the signature purports to have been witnessed by an authorised witness,(iii) in the case of a certificate that was delivered, the certificate was delivered before the close of the poll,(iv) in the case of a certificate that was posted, the certificate was completed before the close of the poll, and(v) the elector is enrolled for the district for which he or she claimed to be enrolled,accept the ballot paper for further scrutiny, but if he or she is not so satisfied, disallow the ballot paper without opening the envelope,(c) withdraw from the envelopes bearing the postal vote certificates all postal ballot papers accepted for further scrutiny, and, without inspecting or unfolding the ballot papers or allowing any other person to do so, place them in a sealed ballot box by themselves for further scrutiny, and(d) proceed with the scrutiny of the postal ballot papers which have been accepted for further scrutiny by removing them from the ballot box in which they were placed in accordance with paragraph (c) and:(i) by opening any of those ballot papers relating to an election for the Assembly and allowing and counting those which are formal and disallowing and rejecting those which, by virtue of section 122, are informal, and(ii) by opening any of those ballot papers relating to a periodic Council election and counting the votes recorded for each candidate.(e) (Repealed)
114M Postal and absent voters’ ballot papers not to be informal because of certain omissions or mistakes
A postal ballot paper or an absent voter’s ballot paper shall not be informal because in the case of any candidate his or her surname only has been written thereon if no other candidate has the same surname, or by reason of any mistake in spelling, if the elector has made clear his or her intention.
114N Spoilt postal ballot paper
If an elector to whom a postal ballot paper has been issued, satisfies the Electoral Commissioner or returning officer who issued the same that he or she has spoilt his or her postal ballot paper by mistake or accident, he or she may on giving it up, receive a new postal ballot paper from the Electoral Commissioner or returning officer (as the case may be), who shall cancel and preserve the spoilt ballot paper.
114NA Application of this Division
Nothing in this Division applies to or in respect of a postal vote certificate or a postal ballot paper, or an application therefor, under Division 11.
114O Assistance for returning officer
A returning officer may be assisted by other election officials in the exercise of his or her functions under this Division (except section 114L), and a reference in this Division (except section 114L) to a returning officer includes a reference to other election officials so assisting him or her.
Division 10 Pre-poll voting (electoral offices and appointed places)
114P Application for permission to vote before polling day
(1) An elector who:(a) will not throughout the hours of polling on polling day be within New South Wales,(b) will not throughout the hours of polling on polling day be within eight kilometres by the nearest practicable route of any polling booth open for the purposes of the election,(c) will throughout the hours of polling on polling day be travelling under conditions which will preclude him or her from voting at any polling booth,(d) by reason of his or her membership of a religious order or his or her religious beliefs:(i) is precluded from attending at a polling booth, or(ii) will be precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours,(e) will be, at a place other than a hospital, caring for a person who is seriously ill or infirm or approaching maternity and by reason of caring for the person will be precluded from attending at any polling booth to vote,(f) will, by reason of being engaged for fee, gain or reward in any work throughout the hours of polling on polling day, be precluded from attending at any polling booth to vote, or(g) is a silent elector,may make an application to any pre-poll voting officer (whether for the district for which he or she is enrolled or for some other district) for permission to vote before polling day.(2) An application under subsection (1) shall:(a) be made by the elector in person, and(b), (c) (Repealed)(d) be made between noon on the day of nomination and 6 pm on the day preceding polling day to a pre-poll voting officer:(i) at the office of a returning officer during the ordinary business hours of that office, or(ii) at a place, and during hours, respectively appointed under subsection (6).(2A) The elector making an application under subsection (1) must inform the pre-poll voting officer to whom the application is made of:(a) the district for which the elector is enrolled, and(b) the ground on which the elector is making the application, and(c) any matters prescribed by the regulations.(3) An elector must not in or in connection with an application under subsection (1) make any statement to a pre-poll voting officer that is, to the knowledge of the elector, false or misleading as to a material particular.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(4) A person must not persuade or induce an elector to make any statement to a pre-poll voting officer in or in connection with an application under subsection (1) that is, to the knowledge of that person, false or misleading as to a material particular.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(5) A person shall not:(a) persuade or induce, or(b) associate with any other person in persuading or inducing,an elector to make an application under subsection (1).Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(6) The Electoral Commissioner may appoint places and hours for the purposes of this section. Notice of any appointment under this subsection is to be published in the Gazette at a time determined by the Electoral Commissioner.(7) (Repealed)
114Q Procedure for voting before polling day
(1) Where an application is made to a pre-poll voting officer in accordance with section 114P, he or she may, and, if requested to do so by any scrutineer, shall, put to the elector who made the application any of the questions prescribed by section 100 (1) which are applicable to the case, and, if the elector answers the questions satisfactorily or if no questions are put to the elector, the elector shall, after making a declaration in the prescribed form, be permitted to vote.(2) The form of declaration shall be either printed or written on an envelope and shall, after being filled in, be signed by the elector in the presence of the pre-poll voting officer who shall then witness the elector’s signature.(3) Subject to subsection (4), the pre-poll voting officer shall then hand to the elector a ballot paper that is in or to the effect of the form prescribed in Schedule 4 or ballot papers one of which is in or to the effect of the form prescribed in Schedule 4 and the other of which is in or to the effect of the form prescribed in Schedule 4A, as the case may require, and on receiving any such ballot paper, the elector shall:(a) mark his or her vote on the ballot paper in accordance with the directions thereon in the view of the pre-poll voting officer but so that the pre-poll voting officer is unable to see what marks he or she makes on the ballot paper,(b) fold the ballot paper so that the marks made by him or her cannot be seen, and(c) at once return the ballot paper so folded to the pre-poll voting officer.(4) Before handing a ballot paper for an election for the Assembly to the elector under subsection (3), the pre-poll voting officer shall:(a) if the particulars of the candidates are not already printed on it, enter on the ballot paper:(i) the name of the electoral district for which the elector has declared that he or she is enrolled, and(ii) the names of the candidates for that district in the order in which those names were drawn by ballot held pursuant to section 82A, and(iii) if required by Division 6B, the names of registered parties or the word “Independent”, and(b) initial the front of the ballot paper.(4A) The pre-poll voting officer shall not, for the purposes of subsection (3), hand an elector a ballot paper for a periodic Council election on which particulars relating to the candidates are not already printed until the returning officer has been notified of those particulars in accordance with section 81H (4) (b) and has entered those particulars on the ballot papers in the manner specified in that notification.(5) On any such ballot paper being returned to him or her in accordance with subsection (3) (c), the pre-poll voting officer shall:(a) in the presence of the elector, enclose it in the envelope bearing the elector’s declaration and securely fasten the envelope, and(b) subject to section 114QA, retain the envelope and ballot paper until the close of the poll.(6) (Repealed)(7) An authorised witness shall not, in any way, influence or attempt to influence the vote of an elector voting under this section.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
114QA Ballot papers etc forwarded to district for which elector enrolled
If a ballot paper returned to a pre-poll voting officer for a district under section 114Q contains the vote of an elector enrolled for some other district, the returning officer for the first-mentioned district must deal with the ballot paper in the same manner as that in which the returning officer is required by section 116 to deal with an absent voter’s ballot paper.
114S Returning officer to notify polling place managers that elector has voted before polling day
When an elector has voted in accordance with section 114Q, the returning officer shall, if certified copies of the roll have been furnished to the polling place managers responsible for the subdivision for which the elector is enrolled, immediately notify those polling place managers that the elector has voted and, on being so notified, each such polling place manager shall enter a note of that fact on the certified copies of the roll furnished to him or her, but if certified copies of the roll have not been so furnished, the returning officer shall enter such a note on the certified copies of the roll in his or her possession.
114T Assistance to certain electors
(1) If an elector permitted to vote under section 114Q satisfies the pre-poll voting officer that the elector’s sight is so impaired or that the elector is otherwise so physically incapacitated or so illiterate that the elector is unable to vote without assistance, the pre-poll voting officer shall permit a person appointed by the elector to assist the elector, and the person so appointed shall, in the same manner as would be required if he or she were the elector, mark a vote on the ballot paper according to the instructions of the elector and then fold and return the ballot paper to the pre-poll voting officer.(2) If any such elector fails to appoint a person as provided by subsection (1), the pre-poll voting officer, in the presence of such scrutineers as are present, or, if there are no scrutineers present, in the presence of any person employed in his or her office, shall, in the same manner as would be required if he or she were the elector, mark a vote on the ballot paper according to the instructions of the elector and then fold the ballot paper.
(1) A candidate may appoint one or more scrutineers in order to observe voting by electors under section 114Q.(2) Subject to subsection (3), a scrutineer so appointed is entitled to be present at any part of a place in which voting under section 114Q takes place, during the ordinary business hours of that place on that day.(3) If a scrutineer so appointed leaves that part of that place during the period he or she is entitled to be present, another scrutineer so appointed may act in his or her place, but only one scrutineer is entitled to be present at that part of that place in respect of a candidate at any one time.(4) A scrutineer appointed under subsection (1) shall not:(a) fail or refuse to comply with any lawful direction given to him or her by the returning officer,(b) interfere with or attempt to influence an elector who is making an application under section 114P (1) or who is voting under section 114Q,(c) communicate with any such elector, except so far as it is necessary to do so in the discharge of his or her functions, or(d) misconduct himself or herself at a place when voting under section 114Q takes place at that place pursuant to subsection (2) or (3).Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(5), (6) (Repealed)Note. Section 137 contains provisions relating to the appointment of and declarations by scrutineers.
114V Penalty for unlawfully marking ballot paper
A person shall not mark or attempt or purport to mark a vote on a ballot paper handed to an elector under section 114Q unless he or she:(a) is that elector, or(b) is a person appointed by that elector under section 114T (1) or is the pre-poll voting officer acting in accordance with section 114T (2).Maximum penalty: 10 penalty units.
114W Duty of persons present when elector votes under section 114Q
A person who is present when an elector is attending a place at which voting under section 114Q takes place for the purpose of voting under that section shall not:(a) fail or refuse to comply with any lawful direction given to him or her by the pre-poll voting officer, or(b) except as provided in section 114T:(i) communicate with the elector in relation to the marking of that elector’s vote,(ii) assist the elector or in any manner interfere with the elector in relation to the marking of that elector’s vote, or(iii) look at the elector’s vote or do anything which may result in his or her obtaining knowledge of the elector’s vote.Maximum penalty: 10 penalty units.
114X Preliminary scrutiny of ballot papers of electors under section 114Q
(1) At the scrutiny the returning officer shall produce unopened all envelopes containing ballot papers marked by electors who have voted under section 114Q.(2) The returning officer must allow the scrutineers to examine the unopened envelopes and if the returning officer is satisfied that:(a) the signature purports to have been witnessed, and(b) the elector is enrolled for the district for which the returning officer is appointed,he or she shall remove the ballot paper from the envelope and, without unfolding the ballot paper or allowing any other person to do so, place the ballot paper in a locked and sealed ballot box for further scrutiny, together with any other ballot papers accepted for further scrutiny under this subsection, but if he or she is not so satisfied he or she shall disallow the ballot paper without opening the envelope.(3) After dealing with all envelopes and ballot papers in the manner prescribed by subsection (2), the returning officer shall proceed with the scrutiny of the ballot papers which have been accepted for further scrutiny by removing them from the ballot box in which they were placed in accordance with subsection (2) and:(a) by opening any of those ballot papers relating to an election for the Assembly and allowing and counting those which are formal and disallowing and rejecting those which, by virtue of section 122, are informal, and(b) by opening any of those ballot papers relating to a periodic Council election and counting the votes recorded for each candidate.(4) This section is subject to section 114QA.
If any elector voting under section 114Q satisfies the pre-poll voting officer that he or she has spoilt the ballot paper handed to him or her under that section by reason of accident or mistake, and that ballot paper has not been enclosed in an envelope in accordance with subsection (5) of that section, the pre-poll voting officer, on receipt of the spoilt ballot paper, shall:(a) hand to the elector a new ballot paper, and(b) cancel and preserve the spoilt ballot paper.
114Z Assistance for pre-poll voting officer
A pre-poll voting officer may be assisted by other election officials in the exercise of his or her functions under sections 114P, 114Q, 114QA, 114T, 114V, 114W (a) and 114Y, and a reference in those sections to a pre-poll voting officer includes a reference to other election officials so assisting him or her.
Division 11 Voting by post (interstate and overseas)
114ZA Application for a postal vote certificate and postal ballot paper
(1) An elector who will not throughout the hours of polling on polling day be within New South Wales may make an application to a postal voting officer for a postal vote certificate and a postal ballot paper.(2) An application under subsection (1) shall:(a) be in or to the effect of the prescribed form,(b) be signed by the elector,(c) be witnessed by an authorised witness, and(d) subject to section 114ZB (3), be made before the close of business on:(i) in the case of an application made to a place within Australia—the day preceding polling day, or(ii) in the case of an application made to a place outside Australia—the second day preceding polling day.(3) An elector shall not in an application under subsection (1) make any statement which is, to his or her knowledge, false or misleading as to a material particular.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(4) A person shall not persuade or induce an elector to make any statement in an application under subsection (1) which is, to the knowledge of that person, false or misleading as to a material particular.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(5) A person shall not:(a) persuade or induce, or(b) associate with any other person in persuading or inducing,an elector to make an application under subsection (1).Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(6) An authorised witness shall not witness the signature of an elector to an application under subsection (1) unless:(a) he or she has satisfied himself or herself as to the identity of the elector,(b) he or she has seen the elector sign the application, and(c) he or she knows that the statements contained in the application are true, or has satisfied himself or herself by inquiring from the elector or otherwise that the statements contained in the application are true.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(7) An authorised witness witnessing the signature of an elector making an application under subsection (1) shall sign his or her name in his or her own handwriting on the application in the space provided for that purpose, and shall add his or her address and the date.
114ZB Procedure for polling before polling day
(1) Where a postal voting officer receives an application made in accordance with section 114ZA, he or she shall deliver or post to the elector who made the application:(a) a postal ballot paper that is in or to the effect of the form prescribed in Schedule 4 or postal ballot papers one of which is in or to the effect of the form prescribed in Schedule 4 and the other of which is in or to the effect of the form prescribed in Schedule 4A, as the case may require, and(b) an envelope bearing:(i) the address of the postal voting officer, and(ii) a postal vote certificate that is in or to the effect of the prescribed form.(2) Before delivering or posting a ballot paper for an election for the Assembly under subsection (1), the postal voting officer shall, if the particulars of the candidates are not already printed thereon, enter on the ballot paper:(a) the name of the electoral district for which the elector has declared that he or she is enrolled, and(b) the names of the candidates for that district in the order in which those names were drawn by ballot held pursuant to section 82A, and(c) if required by Division 6B, the names of registered parties or the word “Independent”.(2A) The returning officer shall not, under subsection (1), deliver or post a ballot paper for a periodic Council election on which particulars relating to the candidates are not already printed, until he or she has been notified of those particulars in accordance with section 81H (4) (b) and has entered those particulars on the ballot paper in the manner specified in that notification.(3) Notwithstanding anything in this Division an elector who has made an application under section 114ZA (1) shall, notwithstanding that the application complies with section 114ZA (2), not be entitled to be sent by post a postal ballot paper and postal vote certificate unless the postal voting officer received the application before the close of business on the same date as the third day preceding polling day.(4) Notwithstanding anything in this Division, an elector who has made an application under section 114ZA (1) to a postal voting officer at a place outside Australia shall, notwithstanding that the application complies with section 114ZA (2), not be entitled to be sent by post a postal ballot paper and postal vote certificate if the address to which they are to be sent is within New South Wales.
114ZC Postal ballot papers to be initialled
No ballot paper is to be issued to any voter without being first initialled by the postal voting officer on the front of the ballot paper, and an exact count must be kept of all initialled postal ballot papers.
114ZD Directions for postal voting
The following directions for regulating voting by means of postal ballot papers are to be substantially observed:(a) The elector shall exhibit his or her postal ballot paper (in blank) and his or her postal vote certificate to an authorised witness.(b) The elector shall then and there, in the presence of the authorised witness, sign his or her name on the postal vote certificate in the place provided for the signature of the voter and insert the date in the place provided for the date.(c) The authorised witness shall then and there sign his or her name in his or her own handwriting on the postal vote certificate in the place provided for the signature of the authorised witness, and shall add the title under which he or she acts as an authorised witness and the date.(d) The elector shall then and there in the presence of the authorised witness, but so that the authorised witness cannot see the vote:(i) mark his or her vote on the ballot paper in the manner directed on the ballot paper,(ii) fold the ballot paper so that the vote cannot be seen, and(iii) place the ballot paper in the envelope addressed to the postal voting officer and fasten the envelope.(e) After the envelope has been fastened, the elector shall forthwith post or deliver it or cause it to be posted or delivered to the postal voting officer.(f) If the elector’s sight is so impaired, or the elector is otherwise so physically incapacitated or so illiterate, that he or she cannot vote without assistance, a person appointed by the elector shall mark the elector’s vote on the ballot paper in the presence of the authorised witness, and shall then and there fold the ballot paper so that the vote cannot be seen, place it in the envelope addressed to the postal voting officer, fasten the envelope, and hand it to the elector who shall forthwith post or deliver it or cause it to be posted or delivered to the postal voting officer.(g) If the elector fails to appoint a person as provided by paragraph (f), the authorised witness, if so requested by the elector, shall take the action required by that paragraph, and in taking that action shall mark the ballot paper according to the instructions of the elector.
114ZE Applications etc to be sent to Electoral Commissioner and returning officer
(1) Each application for a postal ballot paper and postal vote certificate received by a postal voting officer shall:(a) if a ballot paper and certificate were issued in pursuance of the application—be endorsed by him or her with the date of issue thereof and sent by him or her to the Electoral Commissioner as soon as practicable but not later than polling day, or(b) if a ballot paper and certificate were not so issued—be endorsed by him or her to that effect and sent by him or her to the Electoral Commissioner as soon as practicable.(2) The postal voting officer shall, forthwith after receiving a completed postal ballot paper and postal vote certificate, send them to the Electoral Commissioner.(3) When an application and the corresponding ballot paper and certificate are received by the Electoral Commissioner after being sent under this section, the Commissioner shall send them to the returning officer for the electoral district for which the elector has declared that he or she is enrolled.
114ZF Returning officer to note issue of ballot papers etc
(1) The returning officer for the district in which the applicants for postal vote certificates and postal ballot papers claim to be enrolled shall, if there is time conveniently to do so, note on the certified copies of the roll the names of all electors to whom postal ballot papers and postal vote certificates have been issued.(2) An elector to whom a postal vote certificate has been issued shall not be entitled to vote at any polling booth unless he or she first delivers to the polling place manager or election official assigned by the polling place manager for cancellation his or her postal ballot paper and postal vote certificate.
114ZG Scrutiny of postal ballot papers
(1) At the scrutiny the returning officer or election official assisting him or her shall produce all applications for postal vote certificates and postal ballot papers received by him or her, and shall produce unopened all envelopes containing postal votes received by him or her up to 6 pm on the fourth day immediately succeeding the close of the poll, and shall:(a) compare the signature of the elector on each postal vote certificate with the signature of the same elector on the application for the certificate, and allow the scrutineers to inspect both signatures,(b) if he or she is satisfied that:(i) the signature on the certificate is that of the elector who signed the application for the certificate,(ii) the signature purports to have been witnessed by an authorised witness,(iii) in the case of a certificate that was delivered, the certificate was delivered before the close of the poll,(iv) in the case of a certificate that was posted, the certificate was completed before the close of the poll, and(v) the elector is enrolled for the district for which he or she claimed to be enrolled,accept the ballot paper for further scrutiny, but if he or she is not so satisfied, disallow the ballot paper without opening the envelope,(c) withdraw from the envelopes bearing the postal vote certificates all postal ballot papers accepted for further scrutiny, and, without inspecting or unfolding the ballot papers or allowing any other person to do so, place them in a sealed ballot box by themselves for further scrutiny, and(d) proceed with the scrutiny of the postal ballot papers which have been accepted for further scrutiny by removing them from the ballot box in which they were placed in accordance with paragraph (c) and:(i) by opening any of those ballot papers relating to an election for the Assembly and allowing and counting those which are formal and disallowing and rejecting those which, by virtue of section 122, are informal, and(ii) by opening any of those ballot papers relating to a periodic Council election and counting the votes recorded for each candidate.(e) (Repealed)(2)–(4) (Repealed)
114ZH Postal ballot paper not to be informal because of certain omissions or mistakes
A postal ballot paper shall not be informal because in the case of any candidate his or her surname only has been written thereon if no other candidate has the same surname, or by reason of any mistake in spelling, if the elector has made clear his or her intention.
114ZI Spoilt postal ballot paper
(1) If an elector to whom a postal ballot paper has been issued, satisfies the postal voting officer who issued it that he or she has spoilt his or her postal ballot paper by mistake or accident, he or she may, on giving it up, receive a new postal ballot paper from the postal voting officer, who shall cancel the spoilt ballot paper.(2) The postal voting officer shall send the cancelled ballot paper forthwith to the Electoral Commissioner, who shall send it to the returning officer.
114ZJ Applications to be available for public inspection
The returning officer shall retain every application sent to him or her under section 114ZE (3) or 114ZG (4) until the election can no longer be questioned and shall, on being requested to do so by any person attending his or her office at any time during the ordinary business hours of that office from and including the third day after polling day or after being received (whichever is the later) until the election can no longer be questioned, make any such application available for inspection by that person.
114ZK Assistance for postal voting officer
A postal voting officer may be assisted by assistants appointed under section 21AK in the exercise of his or her functions under this Division, and a reference in this Division to a postal voting officer includes a reference to assistants so assisting him or her.
114ZL Application of this Division
Nothing in this Division applies to or in respect of a postal vote certificate or a postal ballot paper, or an application therefor, under Division 9.
Division 11A Pre-poll voting (declared institutions)
In this Division, except in so far as the context or subject-matter otherwise indicates or requires, declared institution means an institution for the time being declared under section 114ZN to be a declared institution for the purposes of this Division.
(1) The Electoral Commissioner may declare an institution, being a convalescent home, hospital or similar institution in which a polling place has not been appointed, to be a declared institution for the purposes of this Division.(2) Notice of any declaration under this section is to be published in the Gazette at a time determined by the Electoral Commissioner.
114ZO Taking of poll at declared institutions
(1) The returning officer for a district in which a declared institution is situated may assign at least two pre-poll voting officers to take the poll at the institution.(2) The pre-poll voting officers may, on any one or more of the fifth, fourth and third days preceding polling day, enter into and remain in the institution for the purpose of taking the poll at the institution.(3) Both or at least two of the pre-poll voting officers must be present for the taking of the poll at the institution.(4) A person must not hinder or obstruct a pre-poll voting officer or scrutineer in the exercise of his or her functions in relation to voting under this Division.Maximum penalty (subsection (4)): 2 penalty units.
114ZP Entitlement to vote at declared institution
(1) An elector who:(a) is, for the time being, an inpatient or inmate of a declared institution, and(b) has, by message to the returning officer for the district in which the institution is situated or a pre-poll voting officer assigned to take the poll at the institution, requested an opportunity to record his or her vote at the institution,is entitled to vote under this Division while the pre-poll voting officers are at the institution for the purpose of taking the poll.(2) An elector to whom a postal vote certificate and postal ballot paper have been issued is not entitled to vote under this Division unless he or she first delivers, for cancellation, to a pre-poll voting officer who takes the poll at the institution of which the elector is an inpatient or inmate, his or her postal vote certificate and postal ballot paper.
114ZQ Duty to deliver request to vote
A person to whom any message referred to in section 114ZP (1) (b) is given for delivery to a pre-poll voting officer shall, unless otherwise ordered, on medical grounds, by a legally qualified medical practitioner, deliver the message to a pre-poll voting officer before, or forthwith after, a pre-poll voting officer enters, for the purpose of taking the poll, the declared institution of which the person making the request is an inpatient or inmate.Maximum penalty: 0.5 penalty unit.
114ZR Procedure for voting at declared institutions
(1) The pre-poll voting officers shall afford an elector entitled to vote under this Division the opportunity to record his or her vote by visiting the elector at the declared institution of which the elector is, for the time being, an inpatient or inmate.(2) A visit to an elector shall not be made under this section if the pre-poll voting officer is informed, by a legally qualified medical practitioner or member of the staff of the declared institution of which the elector is, for the time being, an inpatient or inmate, that the visit is forbidden, on medical grounds, by a legally qualified medical practitioner.(3) A pre-poll voting officer may, and, if requested to do so by any scrutineer, shall, put to an elector visited by him or her under this Division any of the questions prescribed by section 100 (1) which are applicable to the case and, if the elector answers the questions satisfactorily or if no questions are put to the elector, the elector shall, after making a declaration in the prescribed form, be permitted to vote.(4) The form of the declaration referred to in subsection (3) shall be either printed or written on an envelope and shall, after being filled in, be signed by the elector in the presence of a pre-poll voting officer who shall then witness the elector’s signature.(5) Subject to subsections (6) and (6A), a pre-poll voting officer shall, after a declaration has been made by an elector in the form prescribed for the purposes of subsection (3), hand to the elector a ballot paper that is in or to the effect of the form prescribed in Schedule 4 or ballot papers, one of which is in or to the effect of the form prescribed in Schedule 4 and the other of which is in or to the effect of the form prescribed in Schedule 4A, as the case may require, and on receiving any such ballot paper, the elector shall:(a) mark his or her vote on the ballot paper in accordance with the directions thereon in the view of the pre-poll voting officer but so that the pre-poll voting officer is unable to see what marks he or she makes on the ballot paper,(b) fold the ballot paper so that the marks made by him or her cannot be seen, and(c) at once return the ballot paper so folded to the pre-poll voting officer.(6) Before handing a ballot paper for an election for the Assembly to the elector under subsection (5), a pre-poll voting officer shall:(a) if the particulars of the candidates are not already printed on it, enter on the ballot paper:(i) the name of the electoral district for which the elector has declared that he or she is enrolled, and(ii) the names of the candidates for that district in the order in which those names were drawn by ballot held pursuant to section 82A, and(iii) if required by Division 6B, the names of registered parties or the word “Independent”, and(b) initial the front of the ballot paper.(6A) The following provisions have effect for the purpose of enabling electors engaging in pre-poll voting at a declared institution to peruse registered “how to vote” electoral material:(a) When or immediately after handing a ballot paper for an election to an elector under subsection (5) and before the elector marks the ballot paper, the pre-poll voting officer must:(i) ask the elector if the elector wishes to view any “how to vote” electoral material applicable to the election, and(ii) if the elector gives a positive response, permit the elector to peruse:(A) a folder of relevant electoral material relating to the election of a member of the Assembly for the district concerned, and(B) a separate folder of relevant electoral material relating to the periodic Council election, if such an election is being held,being a folder or folders and electoral material that comply with this subsection, and(iii) provide the elector with assistance, as far as practicable, in locating particular electoral material in a folder, if the elector requests assistance for that purpose.(b) The electoral material relating to candidates must be arranged in a folder in the order in which their names appear on the ballot paper.(c) The pre-poll voting officer must ensure that:(i) a folder and any material in the folder are used only for the purposes of perusal by electors voting at the declared institution and of inspection by scrutineers at the declared institution, and(ii) the folder is returned to the officer together with the ballot paper, and(iii) no material in the folder is copied in any way at the declared institution, other than on the ballot paper itself.(d) Electoral material relating to a candidate must not be made available for perusal under this subsection unless:(i) the material was registered under section 151G for the election and for the district concerned, and(ii) the application for registration of the material under that section indicated that it should be available for perusal under this subsection, and(iii) the electoral material complies with the requirements (if any) regarding the size and shape of the electoral material prescribed by the regulations or, if the regulations do not prescribe any such requirements, determined by the Electoral Commissioner, and(iv) any additional requirements prescribed by the regulations are satisfied.(6B) Subsection (6A) does not have effect in relation to a declared institution if no relevant electoral material is available for perusal at the institution.(7) A pre-poll voting officer shall not, for the purposes of subsection (5), hand an elector a ballot paper for a periodic Council election on which particulars relating to the candidates are not already printed until the returning officer has been notified of those particulars in accordance with section 81H (4) and has entered those particulars on the ballot paper in the manner specified in that notification.(8) On any such ballot paper being returned to him or her in accordance with subsection (5) (c), the pre-poll voting officer shall:(a) in the presence of the elector, enclose it in the envelope bearing the elector’s declaration and securely fasten the envelope, and(b) in the case of:(i) the returning officer—retain the envelope and ballot paper until the close of the poll, or(ii) another election official—as soon as practicable forward the ballot paper to the returning officer who shall deal with it in the manner provided in subsection (10).(9) When an elector has voted under this section, a pre-poll voting officer shall record the fact that the elector has voted and the date of the vote.(10) As soon as practicable after the receipt by a returning officer of a ballot paper under subsection (5) or (8), the returning officer shall:(a) if the ballot paper contains the vote of an elector enrolled for the district for which he or she is the returning officer and:(i) if certified copies of the roll have been furnished to the polling place managers responsible for the district for which the elector is enrolled, immediately notify those polling place managers that the elector has voted, or(ii) if certified copies of the roll have not been so furnished, enter a note of the fact that the elector has voted on the certified copies of the roll in his or her possession, or(b) if the ballot paper contains the vote of an elector enrolled for a district not referred to in paragraph (a)—deal with the ballot paper in the same manner as that in which he or she is required by section 116 to deal with an absent voter’s ballot paper.(11) A polling place manager, on being notified, under subsection (10) (a) (i), that an elector has voted, shall enter a note of that fact on the certified copies of the roll furnished to him or her.
114ZS Assistance to certain electors
(1) If an elector permitted to vote under section 114ZR satisfies a pre-poll voting officer:(a) that his or her sight is so impaired or that he or she is so physically incapacitated that he or she is unable to vote without assistance, or(b) that:the pre-poll voting officer shall permit a person appointed by the elector to assist the elector and the person so appointed shall, in the same manner as would be required if he or she were the elector, after making a declaration referred to in section 114ZR (3), mark a vote on the ballot paper according to the instructions of the elector and then fold and return the ballot paper to the pre-poll voting officer.(i) the day upon which the pre-poll voting officer visits the elector for the purpose of taking the poll at the declared institution of which the elector is an inpatient or inmate is a day on which occurs a Jewish fast or festival, and(ii) the elector is of Jewish persuasion,(2) If any such elector fails to appoint a person as provided by subsection (1) or satisfies the pre-poll voting officer that he or she is so illiterate that he or she is unable to vote without assistance, the pre-poll voting officer, in the presence of such scrutineers as are present, shall, in the same manner as would be required if he or she were the elector, after making a declaration referred to in section 114ZR (3), mark a vote on the ballot paper according to the instructions of the elector and then fold the ballot paper.(3) The signature of an elector provided for in a declaration referred to in section 114ZR (3) may be made by a person who, pursuant to subsection (1) or (2), makes the declaration.
(1) A candidate may appoint one or more scrutineers in order to observe voting by electors under this Division.(2) Subject to subsection (3), a scrutineer so appointed is entitled to accompany the pre-poll voting officers while they are performing their duties at a declared institution.(3) If a scrutineer so appointed leaves the company of the pre-poll voting officers while they are performing their duties at a declared institution, another scrutineer so appointed may act in his or her place, but only one scrutineer is entitled, at any one time in respect of any one candidate, to accompany the pre-poll voting officers while they are performing their duties at a declared institution.(4) A scrutineer appointed under subsection (1) shall not:(a) fail or refuse to comply with any lawful direction given to him or her by a pre-poll voting officer on a visit, under this Division, to an elector,(b) interfere with or attempt to influence an elector who is voting under this Division,(c) communicate with any such elector, except so far as it is necessary to do so in the discharge of his or her functions, or(d) misconduct himself or herself when accompanying a pre-poll voting officer on a visit, under this Division, to an elector.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(5)–(7) (Repealed)Note. Section 137 contains provisions relating to the appointment of and declarations by scrutineers.
114ZU Penalty for unlawfully marking ballot paper etc
A person shall not mark or attempt or purport to mark a vote on a ballot paper handed to an elector under section 114ZR or 114ZX unless he or she:(a) is that elector, or(b) is a person appointed by that elector under section 114ZS (1) or is a pre-poll voting officer acting in accordance with section 114ZS (2).Maximum penalty: 10 penalty units.
114ZV Duty of persons present when elector votes under this Division
A person who is present when an elector is visited by a pre-poll voting officer for the purpose of voting under this Division shall not:(a) fail or refuse to comply with any lawful direction given to him or her by the pre-poll voting officer, or(b) except as provided in section 114ZS:(i) communicate with the elector in relation to the marking of that elector’s vote,(ii) assist the elector or in any manner interfere with the elector in relation to the marking of that elector’s vote, or(iii) look at the elector’s vote or do anything which may result in his or her obtaining knowledge of the elector’s vote.Maximum penalty: 10 penalty units.
114ZW Preliminary scrutiny of ballot papers of certain electors under this Division
(1) At the scrutiny the returning officer shall produce unopened all envelopes containing ballot papers marked by electors who have voted under this Division, being ballot papers of persons claiming to be enrolled for a subdivision of the district for which he or she is the returning officer.(2) If the returning officer is satisfied that the elector is enrolled for the district for which the returning officer is appointed, he or she shall remove the ballot paper from the envelope and, without unfolding the ballot paper or allowing any other person to do so, place the ballot paper in a sealed ballot box for further scrutiny, together with any other ballot papers accepted for further scrutiny under this subsection, but if he or she is not so satisfied he or she shall disallow the ballot paper without opening the envelope.(3) After dealing with all envelopes and ballot papers in the manner prescribed by subsection (2), the returning officer shall proceed with the scrutiny of the ballot papers which have been accepted for further scrutiny by removing them from the ballot box in which they were placed in accordance with subsection (2) and:(a) by opening any of those ballot papers relating to an election for the Assembly and allowing and counting those which are formal and disallowing and rejecting those which, by virtue of section 122, are informal, and(b) by opening any of those ballot papers relating to a periodic Council election and counting the votes recorded for each candidate.
If any elector voting under this Division satisfies a pre-poll voting officer who takes the poll at the institution in which the elector is resident that he or she has spoilt the ballot paper handed to him or her under section 114ZR (5) by reason of accident or mistake, and that ballot paper has not been enclosed in an envelope in accordance with section 114ZR (8), the pre-poll voting officer on receipt of the spoilt ballot paper, shall:(a) hand to the elector a new ballot paper, and(b) cancel and preserve the spoilt ballot paper.
114ZY Assistance for pre-poll voting officer
A pre-poll voting officer may be assisted by other election officials in the exercise of his or her functions under this Division, and a reference in this Division to a pre-poll voting officer includes a reference to other election officials so assisting him or her.
115 Voting outside electoral district
(1) An elector who on polling day is absent from the electoral district for which he or she is enrolled may, subject to the following provisions, vote at any polling place in any other electoral district, being a polling place open for polling on that day:(a) The elector must state his or her name, and place of residence in the electoral district in which he or she claims to be enrolled, together with his or her date of birth.(b) An election official may, if he or she thinks fit, and at the request of any scrutineer shall put to the elector any of the questions prescribed by section 100 which are applicable to the case.(c) If the elector answers the questions satisfactorily, or if no questions are put to him or her, he or she may be allowed to vote as an absent voter upon making a declaration in the prescribed form.(d) The form of declaration may be printed or written on an envelope addressed to the returning officer for the district for which the elector is enrolled, and must, after being filled in, be signed by the elector in his or her own handwriting in the presence of the election official, who shall then attest the signature of the elector.(e) After the declaration has been made, the election official shall hand to the elector a ballot paper which shall be in or to the effect of the form prescribed in Schedule 4 or ballot papers one of which is in or to the effect of the form prescribed in Schedule 4 and the other of which is in or to the effect of the form prescribed in Schedule 4A, as the case may require. Before handing a ballot paper to the elector the election official shall, if the particulars are not already printed thereon, insert on the ballot paper, if it relates to an election for the Assembly, the name of the electoral district and the names of all the candidates for that district in the order in which those names were drawn by ballot held pursuant to section 82A or, if it relates to a periodic Council election, the particulars relating to the candidates for that election in the manner prescribed by section 83B. Each ballot paper shall be initialled on the front by the election official.(f) (Repealed)(g) The elector, after receiving a ballot paper, shall without delay retire alone into an unoccupied compartment of the polling booth, and there in private mark his or her vote on the ballot paper in the manner directed on the ballot paper and shall then fold the ballot paper so that the vote cannot be seen, and at once return the ballot paper so folded to the election official before whom he or she made the declaration, and shall again state his or her name if so required by the election official.(h) The election official shall then, in the presence of the elector, forthwith enclose the ballot paper in the envelope bearing the declaration of the elector and securely fasten the envelope.(2) If the election official is unable to supply the elector with a printed or a partly printed and partly written ballot paper in or to the effect of the prescribed form, he or she shall, after the declaration has been made by the elector pursuant to subsection (1) (d), supply to the elector a paper which is initialled by the election official on the front and on which is written:(a) where the paper is supplied for the purpose of an election for the Assembly, the words “Legislative Assembly Election” and:(i) the name of the electoral district,(ii) the names of the candidates in the order in which those names were drawn by ballot held pursuant to section 82A, and(iia) if required by Division 6B, the names of registered parties or the word “Independent”, and(iii) the directions as to the method of voting set out in Schedule 4, and(b) where the paper is supplied for the purpose of a periodic Council election, the words “Legislative Council Election” and:(i) the name of the electoral district,(ii) particulars relating to the candidates for that election in the manner prescribed by section 83B, and(iii) the directions as to the method of voting set out in Schedule 4A.(2A) On receiving any such paper, the elector shall:(a) retire alone into an unoccupied compartment of the polling booth and there in private record his or her vote in the manner directed on the paper,(b) fold the paper so that the vote so recorded cannot be seen, and(c) at once return the paper so folded to the election official.(2B) Any such paper shall, on being supplied to an elector, be deemed to be a ballot paper.(3) If any person makes any such declaration knowing that the same is untrue in any material particular he or she shall be liable to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.
116 Forwarding of absent voters’ ballot papers
(1) Every absent voter’s ballot paper containing a vote shall be promptly delivered by the returning officer or a person authorised in that behalf by him or her or forwarded under registered cover where practicable to the returning officer for the district for which the voter declares that he or she is enrolled.(2) Immediately after the close of the poll, the returning officer or another election official is, in writing (including, without limitation, by facsimile transmission, email or other electronic means), to send to each returning officer to whom envelopes containing absent voters’ ballot papers have been forwarded under subsection (1), advice of the number of envelopes so forwarded.
117 Returning officer satisfied to accept ballot paper for further scrutiny
(1) The returning officer for the district for which the voter declares that the voter is enrolled or the election official assisting the returning officer shall, in the presence of the scrutineers, examine the declaration on the envelope containing the absent voter’s ballot paper, and if it appears to the returning officer:(a) that a person of the same name and description as the person whose name is signed to the declaration is enrolled for the district and that the declaration is duly attested, shall accept the ballot paper for further scrutiny, or(b) that the person whose name is signed to the declaration is enrolled for some other district than that for which the person declared he or she is enrolled, shall arrange for the envelope to be promptly delivered to the returning officer for the district for which the person is enrolled to be dealt with in the manner set out in subsection (4),but otherwise shall reject the ballot paper without opening the envelope.(2) Notwithstanding subsections (1) and (4), an absent voter’s ballot paper shall not be rejected for further scrutiny only because the voter’s declaration is not attested if, before the declaration of the poll, the returning officer for the district in which the declaration was made has in accordance with section 116 (2) sent advice in writing to the returning officer for the district for which the voter declares that he or she is enrolled that an envelope containing the absent voter’s ballot paper has been forwarded in accordance with section 116 (1).(3) If the returning officer or election official assisting him or her accepts the ballot paper for further scrutiny, he or she shall open the envelope without destroying the declaration and extract the ballot paper, and without unfolding it, place the ballot paper in the ballot box.(4) The returning officer for a district to whom an envelope is forwarded under subsection (1) (b) or election official assisting the returning officer shall, if the person whose name is signed to the declaration on the envelope is enrolled for the district and the declaration is duly attested, open the envelope and withdraw any ballot paper contained in the envelope and, without, as far as practicable, inspecting or unfolding the ballot paper or allowing any other person to do so:(a) in the case of any ballot paper for a periodic Council election, shall accept the ballot paper for further scrutiny and place it in the ballot box, and(b) in the case of any ballot paper for an Assembly election, shall disallow the ballot paper,but otherwise shall reject the ballot paper without opening the envelope.
(1) When the absent voters’ ballot papers have been dealt with as above directed, the returning officer or the election official assisting him or her shall open and proceed with the scrutiny of the absent voters’ ballot papers which have been accepted for further scrutiny by removing them from the ballot box in which they were placed in accordance with section 117 and:(a) by opening any of those ballot papers relating to an election for the Assembly and allowing and counting those which are formal and disallowing and rejecting those which, by virtue of section 122, are informal, and(b) by opening any of those ballot papers relating to a periodic Council election and counting the votes recorded for each candidate.(2), (3) (Repealed)
119 Decision of returning officer re validity of ballot paper
In relation to an election for the Assembly, the decision of the returning officer as to the allowance or disallowance or the acceptance or rejection of:(a) the ballot paper of an absent voter,(b) the ballot paper of an elector who has voted by post,(c) the ballot paper of an elector who has voted before polling day, or(d) any ballot paper to which section 106 applies,shall, subject to review by the Court of Disputed Returns when hearing a petition in accordance with Part 6, be final.
120 Exercise of functions of election officials under this Division by election assistants
A function expressed to be conferred or imposed on an election official by this Division may be exercised by an election assistant only if the election assistant has been assigned to exercise the function by the returning officer or polling place manager.
120B Electoral Commissioner to prepare list of electors failing to vote
The Electoral Commissioner must after every election prepare a list of the names of the electors who were entitled to vote at the election and did not vote.
120C Penalty notices for certain offences
(1) If an elector is indicated on a list prepared under section 120B as not having voted at an election, the Electoral Commissioner shall, within 3 months after the close of the poll, serve a penalty notice on the elector by leaving it at, or sending it by post to, the residence of the elector set out on the roll used at the election.(2) A penalty notice is a notice in the prescribed form to the effect that, if the elector does not desire to have the failure to vote dealt with by a court, he or she may, within the prescribed time:(a) give the Electoral Commissioner a sufficient reason for the failure, or(b) pay to the Electoral Commissioner a penalty, specified in the notice, not exceeding $25.(3) The Electoral Commissioner is not required to serve a penalty notice on an elector if it appears to the Commissioner that the elector has a sufficient reason for the failure to vote.(4) If, in response to a penalty notice and within the time prescribed for the response:(a) the Electoral Commissioner is given a sufficient reason for the failure to vote, or(b) the penalty specified in the notice is paid to the Electoral Commissioner,proceedings against any person for the failure to vote are prohibited.(5) If, in response to a penalty notice, the Electoral Commissioner is given a reason for the failure to vote but the reason is not a sufficient reason, the Electoral Commissioner shall include a statement to that effect in any penalty reminder notice served under the Fines Act 1996.(6) For the purposes of this section, it is a sufficient reason for the failure of an elector to vote at an election if the Electoral Commissioner is satisfied that he or she:(a) is dead,(b) was absent from New South Wales on polling day,(c) was ineligible to vote at the election,(d) had an honest belief that abstention from voting was part of his or her religious duty, or(e) was unable for any reason acceptable to the Electoral Commissioner to vote at the election.(7) In this section, a reference to the prescribed time for a response to a penalty notice is a reference to:(a) the time for response specified in the notice, or(b) if the Electoral Commissioner extends that time (whether before or after its expiration)—the extended time.
120D Notation on list of non-voters of response to penalty notice
The Electoral Commissioner shall note on the list prepared under section 120B in relation to each elector on whom a penalty notice is served:(a) whether or not there has been a response to the notice, and(b) if there has been a response—whether or not a sufficient reason has been given or the penalty paid.
(1) An entry on the list prepared under section 120B to the effect:(a) that an elector was served with a penalty notice—is evidence of service of the notice,(b) that there was no response to a penalty notice served on an elector—is evidence that there was no such response within the prescribed time under section 120C, or(c) that a reason for an elector’s failure to vote was given in response to a penalty notice but was insufficient—is evidence that the reason given was not a sufficient reason under section 120C.(1A) The list prepared under section 120B containing the name of an elector is evidence that the elector did not vote at the election.(2) Subsections (1) and (1A) apply in relation to a copy of, or an extract from, the list prepared under section 120B certified by the Electoral Commissioner to be such a copy or extract in the same way as it applies in relation to the list prepared under section 120B.
120F Offences relating to failure to vote
(1) An elector who fails to record his or her vote at an election when required to do so is guilty of an offence and liable to a penalty not exceeding 0.5 penalty unit.(2) A person (whether or not an elector) who, in response to a penalty notice, gives a false reason for the failure of an elector to vote is guilty of an offence and liable to a penalty not exceeding 0.5 penalty unit.(3) In this section, elector does not include:(a) an Antarctic elector,(b) an eligible overseas elector, or(c) an itinerant elector.
120G Opening sealed parcels containing rolls and list used at election
For the purposes of this Act the Electoral Commissioner at any election:(a) with such assistance as he or she may deem necessary shall open and if necessary break the seal of any parcel containing the rolls used at the election, and examine the same for the purpose of indicating on the list being prepared under section 120B the names of the electors who have not voted at the election, and(b) at the conclusion of the said examination shall replace such rolls in the parcels from which they were taken, and re-seal the same, and then comply with the provisions of section 127 or 129H, as the case may require.
Division 13A Concurrent Assembly and periodic Council elections
120I Issue of writs and nomination day for concurrent Assembly and periodic Council elections
Writs for elections that, by section 22A (3) of the Constitution Act 1902, are required to name the same day as the day for the taking of the poll at those elections shall be issued on the same day and shall name the same day as the day of nomination for each of those elections.
120J Additional provisions applicable where polling day for Assembly and periodic Council elections is same day
Where:(a) a poll for an election for a district and a poll for a periodic Council election are required by law to take place on the same day, or(b) the day for the taking of the adjourned poll at any place for an election for a district and the day for the taking of the adjourned poll at that place for a periodic Council election are required by section 130 (4) to be the same day,then:(c) an application for a postal vote certificate and postal ballot paper or an application or request to vote before polling day made in respect of one of the elections is a corresponding application or request, as the case may require, in respect of the other election,(d) a declaration or certificate which enables an elector to vote under any provision of this Act at one of the elections enables him or her to vote under the corresponding provision at the other election,(e) the answers by a person claiming to vote at either election, put to him or her pursuant to this Act, may be accepted as sufficient to enable him or her to vote at the other election if they are satisfactory as regards the election in respect of which they were put,(f) the ballot papers used for one of the elections shall be of a different colour from those used for the other election,(g) where the name of any candidate for one of the elections is similar to the name of any candidate for the other election, the Electoral Commissioner may include on the ballot papers for each of the elections such description or addition as will distinguish them from one another,(h) a ballot paper shall not be issued to a person for one of the elections unless a ballot paper is issued to that person for the other election,(i) where a ballot paper used at one of the elections is required to be placed in an envelope by a voter, the ballot paper used at the other election shall be placed in the same envelope,(j) the copy of the printed roll and the certified copies of rolls in force provided for the purposes of the election for the district shall be used for the purposes of the periodic Council election,(k) the same polling booths and ballot boxes shall be used for the purposes of both elections,(l) a reference in this Act to a scrutineer shall be construed as a reference to a scrutineer appointed by a candidate for either election,(m) a person who is precluded by this or any other Act from voting at the periodic Council election shall not be entitled to vote at the election for the district, and(n) a reference in Division 13 of Part 5 to an election shall be construed as a reference to those elections and the Electoral Commissioner shall not under section 120C send more than one penalty notice to the same elector.
Division 14 Proceedings after close of poll at Assembly elections
This Division applies only in relation to a poll for a district.
121 How and when number of votes to be ascertained
Immediately upon the close of the poll the polling place manager for each polling place and other election officials assigned by the polling place manager for the purpose shall, in the presence and subject to the inspection of such of the scrutineers as choose to be present, but of no other persons, open the ballot box, and proceed to count the number of first preference votes recorded for each candidate.
(1) A ballot paper shall be informal if:(a) it is not duly initialled by an election official, pre-poll voting officer or postal voting officer, as the case may require, or(b) the voter has failed to record his or her vote in the manner directed on the ballot paper, or(c) it has upon it any mark or writing not authorised by this Act to be put upon it, which, in the opinion of the returning officer, will enable any person to identify the voter.(2) Informal ballot papers shall be rejected at the scrutiny.
122A Ballot papers not to be informal in certain circumstances
(1) Notwithstanding anything to the contrary in this Act, a ballot paper shall not, by reason of any marking thereon that is not authorised or required by this Act, be treated as informal, or be rejected or disallowed at the scrutiny, if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot paper.(2) Notwithstanding anything to the contrary in this Act, a ballot paper on which the voter has recorded his or her vote by placing in one square the number “1” shall not be treated as informal by reason only that:(a) the same preference (other than his or her first preference) has been recorded on the ballot paper for more than 1 candidate, or(b) there is a break in the order of preferences recorded on the ballot paper.(3) Notwithstanding anything to the contrary in this Act, a ballot paper is not informal by reason only that it is not duly initialled by an election official, pre-poll voting officer or postal voting officer, as the case may require, if it bears such mark as is prescribed as an official mark.(4) Notwithstanding anything to the contrary in this Act, a ballot paper shall not be informal by reason only that the voter has recorded a vote by placing a cross or a tick in a square and not placing any mark or writing in any other square, but the ballot paper shall be treated as if the cross or tick were the number “1”.(5) Notwithstanding anything to the contrary in this Act, a ballot paper shall not be informal by reason only that the voter has recorded a vote by placing the number “1” or a tick in a square and placing a cross in (or a line through) all or some of the other squares on the ballot paper, but the ballot paper shall be treated as if the marks in those other squares did not appear on the ballot paper and any such tick were the number “1”.(5A) Notwithstanding anything to the contrary in this Act, a ballot paper is not informal by reason only that the voter has placed one or more numbers, a tick or one or more crosses adjacent to but outside a square or squares if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot paper. In such a case, each such number, tick or cross is taken to have been placed within the relevant square.(6) Notwithstanding anything to the contrary in this Act, nothing in this section authorises any person to encourage a voter to place a cross or a tick in a square on a ballot paper or to place a number, tick or cross on a ballot paper outside a square.Maximum penalty:
(a) if the person is a corporation—a penalty not exceeding 50 penalty units, or(b) in any other case—a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.(7) Any person who prints, publishes or distributes any “how to vote” card, electoral advertisement, notice, handbill, pamphlet or card which encourages any elector to place a cross or a tick in a square on a ballot paper or to place a number, tick or cross on a ballot paper outside a square, will be liable:(a) if the person is a corporation—to a penalty not exceeding 50 penalty units, or(b) in any other case—to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.
123 Sealing and transmission by polling place managers of separate parcels of ballot papers etc
Immediately after ascertaining the total number of first preference votes recorded for each candidate, each polling place manager shall make up:(a) in one parcel the ballot papers which have been used in voting at his or her polling place during the election,(b) in a second separate parcel, the ballot papers which have remained unused thereat, and(c) in a third separate parcel, the certified copies of rolls supplied to the polling place manager, signed by him or her, and all books, rolls, and papers kept or used by him or her during the polling,and shall seal up the said several parcels; and shall permit any of the scrutineers who may desire to do so to affix his, her or their seals to such parcels; and shall indorse the same severally with a description of the contents thereof, and with the name of the district and polling place, and the date of the polling; and sign with his or her name the said indorsement; and shall transmit the said parcels to the returning officer.
124 Account of ballot papers and verification thereof and of list of votes
Each polling place manager shall, together with the parcels aforesaid, transmit to the returning officer a list of the total number of first preference votes recorded for each candidate and also an account in which the polling place manager shall charge himself or herself with the number of ballot papers originally delivered to him or her, and the number (if any) written out by him or her, specifying therein the number thereof delivered to and used by voters, and the number not so delivered or left unused; and every such list and account respectively shall be verified as well by the signatures of the polling place manager and one or more other election officials as also by the signatures of such of the scrutineers as are present and consent to sign the same.
125 Returning officers’ parcels
The returning officer shall, in respect of the polling booth at which the returning officer has presided, make up in separate parcels in like manner as is herein required of polling place managers, all ballot papers used or unused, and all books, rolls and papers kept or used by him or her at such polling booths; and shall seal up and also permit to be sealed up by the scrutineers, and shall indorse in like manner as aforesaid the several parcels and deal with the same as hereinafter provided; and shall also make out in respect of the said booth the like list as is herein required in the case of polling place managers, which said list shall be verified by the signature of the returning officer, one or more other election officials and scrutineers in manner aforesaid.
125A Parcels of postal, pre-poll or absent ballot papers etc
(1) The returning officer for each electoral district shall, as soon as practicable after the close of the poll, make up and seal separate parcels, each of which contains only:(a) envelopes from which any ballot papers of a single class have been taken,(b) unopened envelopes containing ballot papers of that single class,(c) ballot papers, referred to in paragraph (a), of a single class allowed as formal, and(d) ballot papers, referred to in paragraph (a), of a single class disallowed or rejected as informal,received by him or her in connection with the election conducted in the electoral district for which he or she is the returning officer.(2) A reference in subsection (1) to ballot papers of a single class is, in relation to a poll for a district, a reference to ballot papers used by electors voting in that district by virtue of section 106 or of Division 9, 10, 11, 11A or 12.(3) The provisions of sections 127, 128 and 129 apply to parcels referred to in subsection (1) as if they were parcels of used ballot papers referred to in those provisions.
(1) The returning officer shall, as soon as practicable after the close of the poll, in the presence of such scrutineers as choose to be present, and with such assistance as he or she may deem necessary, ascertain the result of the election in accordance with the Seventh Schedule to the Constitution Act 1902.(1A) (Repealed)(2) If the returning officer is satisfied, after inquiry, that any ballot papers have been lost, destroyed or mislaid and that those ballot papers, if counted, could not alter the result of the poll he or she may complete the count without counting those ballot papers.(2A) As soon as practicable after the count has been completed, the returning officer must notify the Electoral Commissioner of the result of the election.(2B) As soon as practicable after being notified of the result of the election, the Electoral Commissioner must, by notice signed by the Commissioner and inserted in a newspaper circulating in the State, announce the result of the election.(3) The name of the person so elected shall be endorsed on the writ by the Electoral Commissioner, and the writ shall be by him or her returned to the Governor, or Speaker, as the case may be, within the time specified therein.(4) The writ for the electoral district which includes Lord Howe Island may be returned, notwithstanding that the result of the poll has not been received from Lord Howe Island, if the result of the election for the district cannot be affected thereby. It shall be permissible for the returning officer to accept information as to the votes polled at Lord Howe Island which is transmitted to him or her by cable or wireless, and which he or she is satisfied is authentic, in lieu of the list referred to in section 124.(5) At any time before the declaration that a candidate has been duly elected the returning officer may, if he or she thinks fit, on the request of any candidate setting forth the reasons for the request, or of his or her own motion, and shall, if so directed by the Electoral Commissioner, re-count the ballot papers contained in any parcel.
126A Scrutiny for statistical information
(1) After the declaration that a candidate has been duly elected, the Electoral Commissioner may, for the purpose of obtaining statistical information, give the returning officer directions for the examination of the second and later preferences of candidates and for the distribution of those preferences in the manner specified in the directions.(2) The returning officer shall comply with those directions.(3) An examination and distribution of preferences under this section may be carried out by an officer of the Public Service or an election official if the Electoral Commissioner so directs.
127 Separate parcels to be enclosed in packets, sealed etc
(1) The returning officer shall, as soon as practicable after the day of polling, enclose in separate packets in manner hereinafter mentioned, the parcels so transmitted to him or her, and those made up and sealed by himself or herself in respect of the polling booth at which he or she has presided, that is to say:—He or she shall enclose in one packet all parcels of used ballot papers; in a second, all parcels of unused ballot papers; and in a third, all parcels containing copies of rolls, books, or other papers as herein provided; and shall seal up the said several packets and indorse the same with a description of the contents thereof respectively, and the name of the district and the date of the polling, and sign with his or her name the said indorsement, and shall forthwith forward the said packets to the Electoral Commissioner; and he or she shall also at the same time seal up and transmit to the Electoral Commissioner a parcel containing all ballot papers which have been printed or written for the election and not used by the returning officer or distributed for use to polling place managers; and the Electoral Commissioner shall forthwith give or send to the returning officer a receipt under his or her hand for the said packets and parcels:Provided that the returning officer may, for the purpose of ascertaining whether plural voting or personation has been practised, retain in his or her possession for a reasonable time, and after notice to the candidates and intimation that a scrutineer of each candidate shall be entitled to be present, break the seal of parcels containing copies of rolls, books, and other papers sealed up and transmitted to him or her in pursuance of this Act, and shall, after such investigation, re-seal the same, and forward them as hereinbefore in this section prescribed, and shall report to the Electoral Commissioner the result of such investigation.
(2) Packets and parcels transmitted to the Electoral Commissioner under this section must be safely kept by him or her until:(a) the period of 6 months after the day of polling has expired, or(b) the period during which the validity of the election may be disputed under this Act has expired, or(c) where a petition has or petitions have been filed under section 155—the Court of Disputed Returns has determined the matters referred to in the petition or petitions,whichever is the latest, after which the Electoral Commissioner must cause the packets and parcels and their contents to be destroyed.
128 Ballot papers, copies of rolls and books to be evidence
Any ballot paper, and any copy of a roll, and any book purporting to be taken from any such parcel as aforesaid, and having written thereon respectively under the hand of the Electoral Commissioner a certificate of the several particulars hereby required to be indorsed upon such parcel, and that the same was so taken from such parcel, shall be evidence in any court or before the Court of Disputed Returns that the same was so taken; and that the same, if a ballot paper, was deposited or transmitted pursuant to this Act, and, if a roll or book, was kept or used at the election and booth to which such indorsement and writing relate; and every such ballot paper so certified shall be evidence of a vote given at such election.
129 Penalty for breaking seal of or opening parcel or packet
Any person who wilfully breaks the seal of, or opens, any such sealed parcel or sealed packet as aforesaid, unless for the purposes of this Act or by direction of some competent court or other tribunal or person authorised in that behalf, or unless called upon to produce some portion of the contents of such parcel or packet to some such court or tribunal or person is guilty of an offence.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
Division 14A Proceedings after close of poll at periodic Council elections
This Division applies only in relation to a poll for a periodic Council election.
As soon as practicable after the close of the poll the polling place manager for each polling place and other election officials assigned by the polling place manager for the purpose shall, in the presence and subject to the inspection of such of the scrutineers as choose to be present, but of no other persons, having opened the ballot box, proceed to count the number of votes recorded for each candidate.
129C Sealing and transmission of separate parcels of ballot papers etc
(1) Immediately after ascertaining the total number of votes recorded for each candidate, the returning officer for each district and every polling place manager at the polling place at which each presides shall make up:(a) in one parcel the ballot papers which have been used in voting at the polling place at which he or she presided during the polling,(b) in a second separate parcel, the ballot papers which have remained unused thereat, and(c) in a third separate parcel, the certified copies of rolls used by him or her, signed by him or her, and all books, rolls, and papers kept or used by him or her, during the polling,and shall:(d) seal up those parcels,(e) permit any of the scrutineers who may desire to do so to affix his, her or their seals to those parcels,(f) indorse each of those parcels with a description of its contents, with the name of the district and polling place and the date of the polling,(g) sign with his or her name that indorsement, and(h) in the case of a polling place manager, transmit those parcels to the returning officer.(2) Subsection (1) (c) does not apply where the election is an election referred to in section 120J.(3) Each polling place manager shall, together with the parcels transmitted by him or her pursuant to subsection (1), transmit to the returning officer, and each returning officer making up parcels in accordance with subsection (1) shall make out, a list of the total number of votes recorded for each candidate and also an account in which he or she shall charge himself or herself with the number of ballot papers originally delivered to him or her, and the number (if any) written out at the relevant polling place, specifying therein the number delivered to and used by voters, and the number not so delivered or left unused; and every such list and account shall be respectively verified as well by the signatures of the returning officer or polling place manager and one or more other election officials as also by the signatures of such of the scrutineers as are present and consent to sign them.
129D Returning officers’ parcels
(1) The returning officer shall, as soon as practicable after the close of the poll:(a) make up and seal separate parcels, each of which contains only:(i) envelopes from which any ballot papers of a single class have been taken,(ii) unopened envelopes containing ballot papers of that single class, and(iii) ballot papers, referred to in subparagraph (i), of that single class,received by him or her in connection with the election conducted in the electoral district for which he or she is the returning officer,(b) make up and seal in a separate parcel all of the separate parcels transmitted to him or her or sealed by himself or herself under section 129C,(c) make up and seal in a separate parcel all other ballot papers which have been printed or written for the election conducted in the electoral district for which he or she is the returning officer, and(d) make out a list of the total number of votes recorded for each candidate on the ballot papers contained in each such parcel and identify in that list the parcel to which it relates,and shall:(e) permit any of the scrutineers who may desire to do so to affix his, her or their seals to the parcels made up and sealed by the returning officer under this section,(f) indorse each parcel so made up and sealed with a description of its contents, with the name of the electoral district for which he or she is the returning officer and the date of the polling,(g) sign with his or her name that indorsement, and(h) transmit the parcels so made up, sealed and indorsed and the lists so made out to the Electoral Commissioner.(2) A reference in subsection (1) to ballot papers of a single class is, in relation to a periodic Council election in an electoral district, a reference to ballot papers used by electors voting in that electoral district by virtue of section 106 or of Division 9, 10, 11, 11A or 12.(3) Subsection (1) (a) (i) and (ii) do not apply where the election is an election referred to in section 120J.(4) Notwithstanding subsection (1), the returning officer may, for the purpose of ascertaining whether plural voting or personation has been practised, retain in his or her possession for a reasonable time, and, after notice to the candidates and intimation that a scrutineer for each candidate shall be entitled to be present, break the seal of parcels containing copies of rolls, books and other papers sealed up and transmitted to him or her in pursuance of section 129C (1), and shall, after that investigation, re-seal them and transmit them as provided by subsection (1), and shall report to the Electoral Commissioner the result of that investigation.
129E Lists and accounts of ballot papers
(1) Each returning officer shall:(a) make out a final list of the total number of votes recorded for each candidate as ascertained by him or her from his or her scrutiny of the ballot papers referred to in section 129D (1) (a) (iii), as shown in the notification given to him or her pursuant to section 114ZG (3) and in the lists transmitted to or made out by him or her pursuant to section 129C (3), and(b) make out an account in which he or she charges himself or herself with the number of ballot papers originally delivered to him or her or written out by election officials, specifying therein the number thereof delivered by election officials to and used by voters and the number not so delivered or left unused (the particulars in that account being ascertained from the accounts transmitted to him or her pursuant to section 129C (3) and from his or her own records).(2) Every list and account made out by a returning officer pursuant to subsection (1) shall be verified by his or her signature and by the signatures of such scrutineers as are present and consent to sign them and shall be transmitted by him or her to the Electoral Commissioner.
129EA Formal votes where vote recorded in group voting square
(1) If a voter records a vote on a ballot paper by placing the number “1” in the group voting square for one of the groups, the ballot paper is taken to have recorded on it a first preference vote for the first candidate included in the group and subsequent preferences for all other candidates included in the group in the order of the names of the candidates on the ballot paper.(2) If the voter also records a vote on the ballot paper by placing the number “2” in the group voting square for another group, the ballot paper is taken to have recorded on it a preference (subsequent to those referred to in subsection (1)) for the first candidate included in that other group and subsequent preferences for all other candidates included in that other group in the order of the names of the candidates on the ballot paper.(3) If the voter also records a vote on the ballot paper by placing the number “3” or subsequent numbers in the group voting squares for other groups, the ballot paper is taken to have recorded on it preferences (subsequent to those referred to in subsections (1) and (2)) for the first candidate included in those other groups and subsequent preferences for all other candidates included in those other groups in the order of the names of the candidates on the ballot paper.
129EB Special provision where minimum size of group reduced by death of candidate etc
(1) This section applies to ballot papers in which the voter records a vote by placing the number “1” in the group voting square for one of the groups and does not record any other preference, where that group ceases to have 15 candidates because of the operation of section 81C (5).(2) The ballot papers to which this section applies are taken to have recorded on them a second preference vote for the group nominated under section 81C (6).
(1) A ballot paper shall be informal if:(a) it is not duly initialled by the person required by this Act to initial it or does not bear such mark as is prescribed for the purpose of section 122A (3) as an official mark,(b) subject to clause 2 (2) of the Sixth Schedule to the Constitution Act 1902, the voter has failed to record his or her vote in the manner directed on the ballot paper, or(c) it has upon it any mark or writing not authorised or required by this Act to be put upon it, which, in the opinion of the Electoral Commissioner, will enable any person to identify the voter.(2) Notwithstanding anything to the contrary in this Act, a ballot paper shall not, by reason of any mark or writing thereon that is not authorised or required by this Act, be rejected as informal if, in the opinion of the Electoral Commissioner, the voter has, by some mark or writing, clearly indicated his or her intention on the ballot paper.(2A) Notwithstanding anything to the contrary in this Act, if a voter records a vote on a ballot paper by placing a mark in a group voting square but also indicates preferences for individual candidates, the following provisions apply:(a) if the indication of preferences for individual candidates would, if it stood alone, constitute a formal vote, that indication of preferences shall be taken to be the vote of the voter and the mark in the group voting square shall be disregarded,(b) if the indication of preferences for individual candidates would not, if it stood alone, constitute a formal vote, it shall be disregarded and the vote of the voter shall be taken to have been expressed by the mark in the group voting square.(2B) Notwithstanding anything to the contrary in this Act, a ballot paper shall not be informal by reason only that the voter has recorded a vote by placing a cross or a tick in a group voting square and not placing any mark or writing in any other group voting square, but the ballot paper shall be treated as if the cross or tick were the number “1”.(2C) Notwithstanding anything to the contrary in this Act, a ballot paper shall not be informal by reason only that the voter has recorded a vote by placing the number “1” or a tick in a group voting square and placing a cross in (or a line through) all or some of the other group voting squares on the ballot paper, but the ballot paper shall be treated as if the marks in those other squares did not appear on the ballot paper and any such tick were the number “1”.(2D) Notwithstanding anything to the contrary in this Act, a ballot paper on which the voter has recorded his or her vote by placing in one square the number “1” shall not be informal by reason only that:(a) the same preference (other than his or her first preference) has been recorded on the ballot paper for more than one candidate or one group of candidates, but the ballot paper shall be treated as if those preferences and any subsequent preferences had not been recorded on the ballot paper, or(b) there is a break in the order of his or her preferences, but the ballot paper shall be treated as if any subsequent preference had not been recorded on the ballot paper.(2E) Notwithstanding anything to the contrary in this Act, a ballot paper is not informal by reason only that the voter has placed one or more numbers, a tick or one or more crosses adjacent to but outside a square or squares if, in the opinion of the Electoral Commissioner, the voter’s intention is clearly indicated on the ballot paper. In such a case, each such number, tick or cross is taken to have been placed within the relevant square.(3) Notwithstanding anything to the contrary in this Act, the ballot papers used for a periodic Council election shall not be informal by reason only that they contain the name of:(a) any candidate who has died, as referred to in section 83B (6) (a), or(b) any candidate who is the subject of a declaration referred to in section 83B (6) (b),but a preference indicated on any such ballot paper (or taken to be indicated on any such ballot paper by a vote recorded in a group voting square) for any such candidate shall be disregarded and the numbers indicating any subsequent preference shall be reduced by the number of any such candidates.(4) Informal ballot papers shall be rejected by the Electoral Commissioner at the scrutiny.
(1) The Electoral Commissioner shall, as soon as practicable after the close of the poll, in the presence of such scrutineers as choose to be present, and with such assistance as he or she may deem necessary, ascertain the result of the election in accordance with the Sixth Schedule to the Constitution Act 1902.(2) If the Electoral Commissioner is satisfied, after inquiry, that any ballot papers have been lost, destroyed or mislaid and that those ballot papers, if counted, could not alter the result of the poll he or she may complete the count without counting those ballot papers.(3) As soon as practicable after the count has been completed, the Electoral Commissioner shall, by notice signed by him or her and inserted in some newspaper circulating in the State, announce the result of the election.(4) The names of the candidates elected shall be indorsed on the writ by the Electoral Commissioner and the writ shall be by him or her returned to the Governor within the time specified therein.(5) At any time before the declaration that candidates have been duly elected the Electoral Commissioner may, if he or she thinks fit, on the request of any candidate setting forth the reasons for the request, or of his or her own motion, re-count the ballot papers contained in any parcel.
129H Retention and destruction of parcels
(1) The Electoral Commissioner shall, as soon as practicable after the day of polling, enclose in a packet indorsed with the words “Legislative Council Election” and the date of the polling the parcels transmitted to him or her under section 129D (1) and at the same time seal up a parcel containing all ballot papers which have been printed or written for the election and not used, other than any ballot papers enclosed in any such parcels.(2) Where the Electoral Commissioner receives any parcel transmitted to him or her under section 129D (4), he or she shall indorse on it the words “Legislative Council Election”, the name of the district to which the parcel relates and the date of the polling.(3) Packets and parcels transmitted to the Electoral Commissioner under this section must be safely kept by him or her until:(a) the period of 6 months after the day of polling has expired, or(b) the period during which the validity of the election may be disputed under this Act has expired, or(c) where a petition has or petitions have been filed under section 155—the Court of Disputed Returns has determined the matters referred to in the petition or petitions,whichever is the latest, after which the Electoral Commissioner must cause the packets and parcels and their contents to be destroyed.
129I Ballot papers, copies of rolls and books to be evidence
(1) Any ballot paper, and any copy of a roll, and any book purporting to be taken from any packet or parcel referred to in section 129H, and having written thereon respectively under the hand of the Electoral Commissioner a certificate of the several particulars required by this Division to be indorsed upon the packet or parcel, and that it was taken from such a parcel, shall be evidence in any court or before the Court of Disputed Returns that it was so taken and that it, if a ballot paper, was deposited or transmitted pursuant to this Act, and, if a roll or book, was kept or used at the election and booth to which the indorsement and writing relate.(2) Every such ballot paper so certified shall be evidence of a vote given at the election.
129J Penalty for breaking seal of or opening packet or parcel
Any person who wilfully breaks the seal of, or opens, any packet or parcel referred to in section 129H, unless for the purposes of this Act or by direction of some competent court or other tribunal or person authorised in that behalf, or unless called upon to produce some portion of the contents of the packet or parcel to some such court or tribunal or person is guilty of an offence.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
Division 15 Adjournment of poll
130 When polling may be adjourned etc
(1) When the proceedings for taking the poll at any election are interrupted or obstructed at any place by any riot or open violence, the returning officer or polling place manager (as the case may be) shall not for such cause finally close the poll, but shall adjourn the taking of the poll at the polling place at which such interruption or obstruction has happened to the following day; and, if necessary, such returning officer or polling place manager shall further adjourn such poll from day to day until such interruption or obstruction have ceased, when such returning officer or polling place manager shall again proceed with the taking of the poll at the place at which the same may have been so interrupted or obstructed.(2) If the returning officer or polling place manager (as the case may be) fails to open the polling at any booth of a polling place for one half-hour after the time appointed for the same, or if he or she becomes incapable of performing his or her duties from any cause after polling has opened, and for a period of one half-hour, then in each and every such case the election official (if one be present) or the senior election official (if more than one be present) shall be and is hereby empowered to act as and for such returning officer or polling place manager in respect of all matters required to be done by such returning officer or polling place manager in respect of such polling. And such election official so acting may forthwith appoint an election official to assist him or her in the conduct of such polling.(3) If from any other cause than riot or open violence no polling has been opened at any booth of a polling place for any district on the appointed day or where the polling has been opened but from the absence of necessary forms, documents, or materials the poll cannot be proceeded with, the polling at such booth shall be by the returning officer or polling place manager (as the case may be) adjourned to a day not later than twenty-one clear days following such appointed day; and the returning officer or polling place manager (as the case may be) shall forthwith cause public notice to be given thereof.(4) Where but for this section:(a) a poll for an election for a district and a poll for a periodic Council election would be required to take place on the same day, and(b) the taking of either poll at any place is adjourned,the other poll is adjourned at that place, and the day for the taking of both adjourned polls at that place shall be the same day.
131 Notice of adjournment to be given
(1) Where any poll has been so adjourned by any polling place manager, such polling place manager shall forthwith give notice thereof to the returning officer; and in every such case, and also where any polling stands adjourned as mentioned in section 130, the returning officer or Electoral Commissioner as the case may be shall not notify the total number of votes given or finally declare the result of the election until the poll so adjourned has been finally closed and the ballot papers transmitted to the returning officer or Electoral Commissioner as the case may be.(2) Whenever a poll has been adjourned at any place within an electoral district, the returning officer for that district shall forthwith give notice of the adjournment to the Electoral Commissioner, who may give public notice of the adjournment in such manner as the Commissioner thinks fit.
Where the poll has been adjourned at one or more booths within a subdivision or subdivisions within an electoral district, only those electors who are enrolled for the subdivision or subdivisions within which the booth or booths is or are situated shall be entitled to vote as provided in this Act at the adjourned poll.
No adjournment of the proceedings at any election shall be made or extend to the day named as the return day in the writ for such election, and if the polling has not been completed before the day named, the returning officer or the Electoral Commissioner, as the case may require, shall forthwith indorse that fact upon the writ, and shall return the same.
Division 16 General provisions
133 Election not to be questioned for want of or defect of title of officers
No election shall be liable to be questioned by reason only of any defect in the title, or any want of title, of the person by or before whom such election, or any polling for the same, has been held, if such person has been actually appointed to preside, or has been acting in the office giving the right so to preside at such election.
134 Election not to be questioned for omission etc of a formal nature
No election for a district shall be void in consequence only of there having been no returning officer at the time of the issue of the writ, or of any delay in the return of the writ; and no election for a district and no periodic Council election shall be void in consequence only of there having been no Electoral Commissioner at the time of the issue of the writ, or of any delay in the return of the writ; and where any accidental or unavoidable impediment, misfeasance, or omission has happened, the Governor may take all such measures as may be necessary for removing such impediment, or rectifying such misfeasance or omission; or may by proclamation declare any or all of the proceedings at or for any election valid as to and notwithstanding such impediment, misfeasance, or omission; and every such proclamation shall state specifically the nature of the impediment, misfeasance, or omission, and shall be forthwith published in the Gazette.
135 Violation of secrecy by officers
If any election official, pre-poll voting officer, postal voting officer, deputy postal voting officer or scrutineer in the discharge of his or her duties under this Act at or concerning any election, learns, or has the means of learning, for what candidate any person votes or has voted at such election, he or she shall not by word or act, or any other means whatsoever, directly or indirectly divulge or disclose, or aid in divulging or disclosing the same, save in answer to some question which he or she is legally bound to answer, or in compliance with the express provisions of the law relating to elections; and every such official, officer or scrutineer who wilfully violates the provisions of this section shall be guilty of an indictable offence, and be liable to be fined any sum not exceeding 5 penalty units, or to be imprisoned for any term not exceeding six months, or to be both fined and imprisoned within such limits.
135A Electoral official to vacate office upon becoming a candidate
(1) In this section:electoral official means an election official, a postal voting officer, a deputy postal voting officer, a pre-poll voting officer, an assistant appointed for the purposes of Division 11 or an assistant to the Electoral Commissioner.
(2) Upon any electoral official becoming a candidate for an election, he or she vacates his or her office as an electoral official.
136 Penalty for neglect etc by electoral officials
If any electoral official as defined in section 135A, at any election, is guilty of any wilful misfeasance, or wilful or negligent act of commission or omission in violation of any of the provisions herein contained and not otherwise provided for, he or she shall, for every such offence, be liable to a penalty not exceeding 10 penalty units.
137 Appointment of and declaration by scrutineers
(1) This section applies to scrutineers appointed under this Act.Note. Sections 90, 114U and 114ZT provide for the appointment of scrutineers.(2) The regulations may prescribe a form for the purposes of this section that provides for both:(a) the appointment of a scrutineer by a candidate, and(b) a declaration to be made and signed by the scrutineer.If there is no prescribed form, the Electoral Commissioner may approve a form for the purposes of this section.
(3) The appointment by a candidate of a scrutineer is to be made in the form prescribed or approved under subsection (2).(4) A person appointed as a scrutineer is to make and sign a declaration in the form prescribed or approved under subsection (2).(5) The person appointed as a scrutineer cannot act as scrutineer on any day unless the person presents the completed form (comprising a single document) on that day to the returning officer or polling place manager or to the pre-poll voting officer, as the case requires.(6) The declaration is to be made and signed on each day referred to in subsection (5) before the returning officer or polling place manager or the pre-poll voting officer, as the case requires, at the place at which the scrutineer intends to act as scrutineer.(7) A reference in this section to a completed form includes a reference to a photocopy, carbon copy or similar identical copy of a completed form, but the copy is to be duly signed on each day as required by subsection (6).(8) Part 4 of the Oaths Act 1900 applies to a declaration made under this section as if it were made under that Act.(9) A person is not qualified for appointment as a scrutineer unless the person is an elector. A person is not ineligible for appointment as a scrutineer for a district merely because the person is not enrolled as an elector on the electoral roll for the district.
Division 17 Bribery, treating, intimidation etc
Every person shall be guilty of bribery who:(a) directly or indirectly, by himself or herself or by any other person on his or her behalf, gives or lends, or agrees to give or lend, or offers, promises, or procures, or promises or endeavours to procure, any money or valuable consideration to or for any elector or any other person on behalf of any elector, in order to induce any elector to vote or refrain from voting, or knowingly does any such act as aforesaid on account of such elector having voted or refrained from voting at any election,(b) directly or indirectly, by himself or herself or by any other person on his or her behalf, gives or procures, or agrees to give or procure, offers, promises, or promises to procure, or to endeavour to procure any office, place, or employment to or for any elector or any other person, or who retains or dismisses any elector or other person in or from any office, place, or employment in order to induce such elector to vote or refrain from voting, or knowingly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election,(c) directly or indirectly, by himself or herself or by any other person on his or her behalf, makes any such gift, loan, offer, promise, procurement, or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person to serve as a member or the vote of any elector at any election,(d) upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement procures or engages, promises, or endeavours to procure the return of any person to serve as a member or the vote of any elector at any election,(e) advances or pays, or causes to be advanced or paid, any money to or for the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at an election,(f) before, during, or after any election, directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election,(g) before or during any election, directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, agrees, or contracts for any money or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote, or for refraining or agreeing to refrain from voting, or for inducing any other person to vote or to refrain from voting at any election,and any person or elector so offending is guilty of an offence and also incapable of voting at the election.Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.
148 Extended meaning of terms “candidate” and “election”
(1) For the purposes of sections 147, 149, 150, and 151, the words candidate at an election and the words candidate at any election shall include all persons elected to serve in Parliament at such election, and all persons nominated as candidates at such election, or who on or after the day of issuing the writ for such election, or after the dissolution or vacancy in consequence of which such writ has been issued, have declared their intention of becoming candidates at such election or their consent so to do. And the words at an election, at any election, and during any election shall mean and include the whole period from the day of nomination up to the day on which the returning officer or the Electoral Commissioner, as the case may be, publishes and declares the result of such election, both days inclusive.(2) For the purposes of section 149, candidate at an election, in relation to an election, also includes any person who has declared his or her intention of becoming a candidate at the election or his or her consent so to do.
(1) A candidate at an election must not, before or during the election, either directly or indirectly:(a) offer, promise or supply food, drink or entertainment, or(b) offer or promise to pay for, or pay for, food, drink or entertainment, or(c) offer or provide transport to or from polling places for the purpose of voting, or(d) offer, promise or give a gift, donation, voucher or prize to or for any person, club, association or body,with the intention of corruptly influencing a person’s election conduct at an election.(2) For the purposes of subsection (1):election conduct, in relation to a person, means:
(a) whether or not the person votes, or(b) whether or not the person votes for the candidate.(3) For the purposes of subsection (1), it is immaterial:(a) whether or not an offer is accepted and, if accepted, whether it is accepted before, on or after polling day, and(b) whether or not a promise is fulfilled and, if fulfilled, whether it is fulfilled before, on or after polling day.(4) In proceedings for an offence under subsection (1) (d) it is a defence to show that gifts, donations, vouchers or prizes similar in nature and in amount or value are regularly given to the club, association or body for similar purposes.(5) An elector who corruptly:(a) accepts:(i) food, drink or entertainment, or(ii) transport, or(iii) a gift, donation, voucher or prize, or(b) without limiting paragraph (a), accepts or agrees to:referred to in subsection (1) during an election is incapable of voting at the election.(i) an offer or promise of food, drink or entertainment, or(ii) an offer or promise to pay for food, drink or entertainment, or(iii) an offer of transport, or(iv) an offer, a promise or the giving of a gift, donation, voucher or prize,
150 Penalty for electoral treating
Any person who is guilty of an offence against section 149 before or during an election shall be liable to a fine not exceeding 100 penalty units, or to imprisonment for a term not exceeding 3 years, or to both such fine and imprisonment, and shall also be incapable of voting at such election.
Every person who directly or indirectly, by himself or herself or by any other person on his or her behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens the infliction by himself or herself or by or through any other person of any injury, damage, harm, or loss, or in any other manner practises intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who by abduction, duress, or any fraudulent device or contrivance impedes, prevents, or otherwise interferes with the free exercise of the franchise by any elector, or thereby compels or induces or prevails upon any elector either to give or refrain from giving his or her vote at any election, is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.
151A Printing etc false information
(1) Any person who:(a) prints, publishes or distributes any “how to vote” card, electoral advertisement, notice, handbill, pamphlet or card containing any representation of a ballot paper or any representation apparently intended to represent a ballot paper, and having thereon any directions intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his or her vote,(b) prints, publishes or distributes any “how to vote” card, electoral advertisement, notice, handbill, pamphlet or card containing any untrue or incorrect statement intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his or her vote, or(c) prints, publishes or distributes any “how to vote” card, electoral advertisement, notice, handbill, pamphlet or card using:shall be liable:(i) the name, an abbreviation or acronym of the name or a derivative of the name of a party respectively included in the Register of Parties kept under Part 4A (or a name or abbreviation resembling such a name, abbreviation, acronym or derivative) in a way that is intended or likely to mislead any elector, or(ii) the word “Independent” and the name or an abbreviation or acronym of the name or a derivative of the name or a party respectively included in that Register in a way that suggests or indicates an affiliation with that party,(d) if the person is a corporation—to a penalty not exceeding 50 penalty units, or(e) in any other case—to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.(2) Subsection (1) shall not prevent the printing, publishing or distributing of any “how to vote” card, not otherwise illegal, which contains instructions how to vote for any particular candidate or candidates, so long as those instructions are not intended or likely to mislead any elector in or in relation to the casting of his or her vote.(3) Subsection (1) (c) (ii) does not apply in a case where the word “Independent” is included in the name of the party as registered in the Register of Parties.
(1) A person must not exhibit or post or cause to be exhibited or posted any poster of any size exceeding the prescribed size on the outer wall, fence or other boundary, or within 5 metres, of:(a) a polling place, or(b) the grounds of an enclosure in which a building used as polling place is situated,at any time on the day of polling for an election.Maximum penalty: 3 penalty units.
(2) (Repealed)(2A) A person shall not post up, or permit or cause to be posted up, a poster:(a) on or within any premises occupied or used by, or under the control or management of:(i) the Crown, any instrumentality or agency of the Crown, or any statutory body representing the Crown or any other body prescribed by the regulations as a statutory body representing the Crown, or(ii) any local authority, or(b) in the case of premises which have no one in occupation, on or within those premises, unless that person has obtained:(i) in the case of premises owned by one person alone, the permission in writing of that person, or(ii) in the case of premises owned by two or more persons, whether as joint tenants or as tenants in common or otherwise, the permission in writing of at least one of those persons.(3) Nothing in this section shall prohibit:(a) the posting up, exhibiting, writing, drawing or depicting of a sign on or at the office or committee room of a candidate or political party indicating only that the office or room is the office or committee room of the candidate or party, and specifying the name of the candidate, or the names of the candidates, or the name of the party concerned,(b) the projection by means of any cinematograph or other similar apparatus of any electoral matter on to any screen in any theatre or public hall the subject of a development consent in force under the Environmental Planning and Assessment Act 1979 in relation to its use as a place of public entertainment,(c) the posting up, exhibiting, writing, drawing or depicting of any poster within a hall or room that is being or is about to be used for a meeting held by or on behalf of a candidate in connection with an election, or(d) the posting up or exhibition of any poster on or at the electoral office of any member.(4) (Repealed)(5) Any person who writes, draws or depicts any electoral matter directly on any roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water) shall be liable to a penalty not exceeding 3 penalty units.(6) In this section:electoral matter means any matter which is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held under this Act or of any referendum of the electors held or to be held in accordance with the provisions of any Act or which is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any such election or referendum.
electoral matter also includes the name of a candidate at any election, the name of the party of any such candidate, the name or address of the committee rooms of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter which purports to depict any such candidate or to be a likeness or representation of any such candidate.
local authority means a council or a county council within the meaning of the Local Government Act 1993.
poster means any electoral matter printed, drawn or depicted on any material whatsoever and where any electoral matter is printed, drawn or depicted in sections, such sections, both severally and collectively, shall be deemed to be a poster.
premises includes any structure, building, vehicle or vessel or any place, whether built on or not, and any part thereof.
the prescribed size means an area which is not more than 8000 square centimetres.
(7) Where premises referred to in paragraph (b) of subsection (2A) are subject to a lease for a term of six months or more, the reference in that paragraph to the owner of the premises shall be read as a reference to the lessee of the premises.
151D Removal and confiscation of posters
(1) The returning officer, any polling place manager or any election official assigned by the returning officer or polling place manager for the purpose may remove or cause to be removed any poster exhibited or posted in contravention of this Act:(a) within a polling place, or(b) in or on a public place within 6 metres of an entrance to a polling place.(2) Any police officer may remove or cause to be removed any poster exhibited or posted in contravention of this Act.(3) A police officer may use reasonable force for the purposes of this section.Note. Section 151J contains provisions concerning what forms part of a polling place for the purposes of this section where the polling place is a building within an enclosure.
151E Name and address of author and printer to be printed on advertisements etc
(1) Any person who prints, publishes or distributes any matter, being an advertisement, “how to vote” card, handbill, pamphlet, poster, or notice, containing any electoral matter as defined in section 151B (other than the announcement in a newspaper of the holding of a meeting), without:(a) the name and address of the person on whose instructions the matter was printed, and(b) the name of the printer and address at which it was printed,being printed in legible characters thereon, shall be guilty of an offence and liable to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding six months.(2) Where a newspaper contains an advertisement referred to in subsection (1) and the name of the printer of the newspaper and the address at which it was printed appear on the newspaper in accordance with any Act, subsection (1) does not apply so as to require that name and address to be printed on the advertisement.(3) Subsection (1) does not apply in relation to:(a) a T-shirt, lapel button, lapel badge, pen, pencil or balloon, or(b) a business or visiting card that promotes the candidacy of any person in an election, or(c) a letter or other card:(i) that bears the name and address of the sender, and(ii) that does not contain a representation or purported representation of a ballot paper for use in an election, or(d) any other article prescribed (or of a class prescribed) by the regulations.
151F Distribution of electoral material on polling day
(1) A person shall not, in a public place, distribute any electoral material on the polling day for an election, and on all days to which the polling is adjourned, unless the material has been registered under section 151G for the election.Maximum penalty: 10 penalty units or imprisonment for 6 months.
(2) For the purposes of this section and without limiting its operation, material shall be taken to be distributed if it is left in such a position and in such circumstances as to indicate that it is intended to be available for collection by members of the public who are in a public place.(2A) Subsection (1) does not apply to the handing out, distribution, sale or otherwise making available of a newspaper by or on behalf of a newsagent, newspaper seller or distributor if the handing out, distribution, sale or making available is in the course of the newsagent’s, newspaper seller’s or distributor’s employment or business.(3) In this section:electoral material means a “how to vote” card, handbill, pamphlet or notice containing:
(a) electoral matter as defined in section 151B, or(b) without limiting paragraph (a), an express or implicit reference to or comment on:(i) the election or referendum, or(ii) the Government, the Opposition, a previous Government or a previous Opposition, of the State, or(iii) the Government, the Opposition, a previous Government or a previous Opposition, of the Commonwealth or any other State or a Territory, or(iv) a member or a former member of Parliament or the Parliament of the Commonwealth, any other State or a Territory, or(v) a political party, a branch or division of a political party or a candidate in the election, or(vi) an issue submitted to, or otherwise before, the electors in connection with the election or referendum.
151G Registration of electoral material
(1) For the purposes of section 151F, an application may be made, in accordance with the regulations, to the Electoral Commissioner for the registration of electoral material for a particular election and for a particular district or districts.(2) An application must be made during the period commencing on the day of nomination for the election and ending at 5 pm on the day that is 8 days before the polling day for the election, or during such other period as is fixed by the writ for the election.(2A) However, an application may be made to the Electoral Commissioner (after the issue of the writ and before the day of nomination) for preliminary advice on whether electoral material may be registered, even though the material is incomplete.(3) An application must contain a draft or sample of the electoral material.(3A) The form of application must make provision for the applicant to indicate whether or not the electoral material to which it relates should be available for perusal under section 114ZR (6A).(4) The Electoral Commissioner may allow the draft or sample to be altered or replaced before agreeing to registration.(5) Registration of the electoral material is effected by the issue of a certificate of registration (in a form approved by the Electoral Commissioner) in respect of a draft or sample of the electoral material.(6) The Electoral Commissioner shall register the electoral material if satisfied that registration is not prohibited by this section.(7) The Electoral Commissioner may however refuse to register the electoral material if the application for registration was not made in accordance with this section.(7A) The Electoral Commissioner must not register the electoral material if it appears to the Commissioner:(a) that the material does not include in legible characters:(i) the name and address of the person on whose instructions the material was printed, and(ii) the name of the printer and address at which it was printed, or(a1) that the material does not clearly identify the person, political party, organisation or group on whose behalf the material is to be distributed, or(b) that the material could result in an elector casting an informal vote, or(c) that the material contains words that are obscene or offensive.(8) Without affecting the generality of subsection (7A), the Electoral Commissioner must not register electoral material referred to in subsection (8A) if it appears to the Commissioner:(a) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote in accordance with the ticket of a political party, group of candidates or candidate, that:(i) the party is not registered under Part 4A or the group or candidate is not registered under the Election Funding Act 1981, or(ii) the application was not made by the registered officer, by the candidates in the group or their official agent or by the candidate or the candidate’s official agent (respectively),(b) in the case of material that contains any representation or indication (whether express or implied) that any candidate is a member of, or pursues or supports any or all of the objects or platform (whether with or without modification) of, a particular political party or group of candidates, that:(i) the party is not registered under Part 4A or the group is not registered under the Election Funding Act 1981,(ii) the candidate’s affiliation with the party or group is not included in the Register of Candidates under that Act, or(iii) the application was not endorsed in writing by the registered officer or by the other candidates in the group or their official agent,(c) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote in accordance with the ticket of a political party or group of candidates in respect of an electoral district, that:(i) the party or group has not endorsed a candidate for the district, or(ii) the material directs or suggests that a candidate not endorsed by it should be given the first preference vote,(d) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote in accordance with the ticket of a political party or group of candidates in respect of a periodic Council election, that:(i) the party or group has not endorsed a candidate for the election, or(ii) the material directs or suggests that a candidate or candidates not endorsed by it should be given the first or highest preference or preferences,(e) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote in accordance with the ticket of a candidate in respect of an electoral district or periodic Council election, that:(i) the candidate is not a candidate for that district, or(ii) the candidate is not a candidate in that election, or(f) that the material is intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his or her vote, because of the use, in the material, of any matter suggesting or indicating party or group affiliation (whether or not that matter is the same as or similar to matter included in a register under the Election Funding Act 1981).(g) (Repealed)(8A) Subsection (8) applies only to electoral material consisting of a “how to vote” card, handbill, pamphlet or notice:(a) containing any representation of a ballot paper or portion of a ballot paper, or(b) containing any representation apparently intended to represent a ballot paper or portion of a ballot paper, or(c) having on it any directions or suggestions (whether express or implied) in relation to the casting of votes.(8B) The certificate of registration must specify the election and the district or districts for which the electoral material is registered.(9) Registration may be unconditional or subject to conditions specified in the certificate of registration.(10) A certificate signed by the Electoral Commissioner and certifying that specified material was or was not registered:(a) on a specified day or during a specified period, or(b) for a particular election, or(c) for a particular district or particular districts,is admissible in proceedings for an offence under section 151F and is prima facie evidence of the matters certified.(11) Electoral material shall be taken to be registered in accordance with this section even though the material contains some differences from the draft or sample in respect of which the certificate of registration was issued, so long as the material is substantially the same as the draft or sample.(12) Registration of electoral material is not a defence to a prosecution for an offence under section 151A.(12A) A copy of:(a) electoral material registered under this section for a district, and(b) the relevant certificate of registration,must be available for inspection at the office of the returning officer for the district during the hours of polling on polling day, and on all days to which the polling is adjourned, at the request of any person enrolled for the district or of any scrutineer.(13) In this section:electoral material has the same meaning as in section 151F.
official agent has the same meaning as in the Election Funding Act 1981.
151GA Registration of electoral matter involving joint tickets
(1) Assembly elections
Nothing in section 151G prevents the Electoral Commissioner from registering under that section electoral material to which section 151G (8) applies that contains directions or suggestions (express or implied) as to how to vote in accordance with the joint ticket of two or more participants in respect of one or more electoral districts, so long as:(a) one or other of the participants has nominated a candidate for each one of the districts, and(b) the material does not direct or suggest that a candidate nominated by none of the participants should be given the first preference vote, and(c) the application for registration of the material was made jointly by the registered officer or official agent (as the case may be) of each participant, and(d) the application for registration of the material otherwise complies with the relevant requirements of section 151G (apart from subsection (8) (c)).(2) Council elections
Nothing in section 151G prevents the Electoral Commissioner from registering under that section electoral material to which section 151G (8) applies that contains directions or suggestions (express or implied) as to how to vote in accordance with the joint ticket of two or more participants in respect of a periodic Council election, so long as:(a) each of the participants has nominated at least one candidate for the election, and(b) the material does not direct or suggest that a candidate or candidates nominated by none of the participants should be given the first or highest preference or preferences, and(c) the application for registration of the material was made jointly by the registered officer or official agent (as the case may be) of each participant, and(d) the application for registration of the material otherwise complies with the relevant requirements of section 151G (apart from subsection (8) (d)).(3) Concurrent elections
Nothing in section 151G or this section prevents the registration of one set of electoral material that contains material of the kind referred to in both subsections (1) and (2) involving the same participants and relating to elections being held concurrently.(4) Definition of “participant”
In this section:participant means a political party registered under Part 4A or a group of candidates registered under the Election Funding Act 1981.
151H Prohibition of canvassing near polling places
(1) The following acts are, on polling day, and on all days to which the polling is adjourned, prohibited at an entrance of or within a polling place or in any public or private place within 6 metres of an entrance to a polling place, namely:(a) canvassing for votes,(b) soliciting the vote of any elector,(c) inducing any elector not to vote for any particular candidate,(d) inducing any elector not to vote at the election,(e) exhibiting any notice or sign (other than an official notice) relating to the election.Maximum penalty: 5 penalty units.
(2) A person commits an offence against this subsection if:(a) on polling day, or on a day to which the polling is adjourned, the person engages in any of the following activities:(i) canvassing for votes,(ii) soliciting the vote of an elector,(iii) inducing an elector not to vote for a particular candidate,(iv) inducing an elector not to vote at the election, and(b) the person engages in that activity 6 metres or more from an entrance to a polling place, and(c) the person uses any of the following to engage in that activity:(i) a loud speaker,(ii) a public address system,(iii) an amplifier (whether fixed or mobile),(iv) a broadcasting van,(v) a sound system,(vi) radio equipment,(vii) any other equipment or device for broadcasting, and(d) that activity is audible:(i) within the polling place, or(ii) at an entrance to the polling place, or(iii) within 6 metres of an entrance to the polling place.Maximum penalty: 5 penalty units.
(3) Subsection (2) applies whether the person engages in the activity in a public place or a private place.(4) Without limiting the generality of subsection (1), a reference to canvassing for votes includes a reference to distributing electoral material as defined for the purposes of section 151F, whether or not the material is registered in accordance with section 151G.Note. Section 151J contains provisions concerning what forms part of a polling place for the purposes of this section where the polling place is a building within an enclosure.
151I Confiscation of electoral material
(1) The returning officer, any polling place manager or any election official assigned by the returning officer or polling place manager for the purpose may:(a) within a polling place, or(b) in or on a public place within 6 metres of an entrance to a polling place, or(c) in or on a public place in the vicinity of, but beyond 6 metres of an entrance to, a polling place,confiscate or cause to be confiscated any electoral material that is apparently available to be distributed in contravention of section 151F.(2) The returning officer, any polling place manager or any election official assigned by the returning officer or polling place manager for the purpose may:(a) within a polling place, or(b) in or on a public place within 6 metres of an entrance to a polling place,confiscate or cause to be confiscated any electoral material that is apparently available for distribution in contravention of section 151H.(3) Any police officer may confiscate or cause to be confiscated any electoral material that is apparently available for distribution in contravention of section 151F or 151H.(4) This section does not authorise a returning officer, polling place manager or other election official to use force.(5) Without limiting subsection (1), a place is, for the purposes of that subsection, taken to be in the vicinity of a polling place if the returning officer, polling place manager or other election official concerned is satisfied on reasonable grounds that the electoral material is being offered to, or is available to, persons intending to vote at the election at that polling place.(6) A police officer may use reasonable force for the purposes of this section.(7) Electoral material confiscated must be destroyed without undue delay, but destruction may be delayed if the material is or may reasonably be required for evidentiary purposes.Note. Section 151J contains provisions concerning what forms part of a polling place for the purposes of this section where the polling place is a building within an enclosure.
151J Application of provisions to grounds of polling place
(1) If:(a) a building used as a polling place is situated in grounds within an enclosure, and(b) the appointment under section 84 of the polling place does not indicate whether or not the grounds are part of the polling place,the grounds are not, but the building is, taken to be part of the polling place for the purposes of sections 151D, 151H and 151I.(2) However, those grounds are taken to be part of the polling place for the purposes of those sections if the returning officer, with the concurrence of the Electoral Commissioner, causes to be displayed throughout the hours of polling at each entrance to those grounds a notice signed by the returning officer stating that those grounds are treated as part of the polling place.
152 Persons incurring electoral expense without authority
Any person incurring or authorising any electoral expense on behalf of a candidate without the written authority of the candidate shall be guilty of a contravention of this Act and shall be liable to a penalty not exceeding 1 penalty unit.
154 Wagers etc on result of elections prohibited
Any person who makes or is concerned in any wager, bet, or other risk of any nature whatsoever upon the result of any election, shall, for every such offence, be liable to a penalty not exceeding 3 penalty units; and every such wager, bet, or other risk shall be and is hereby declared an illegal act.
Division 18 Special provisions relating to the polling in Antarctica
In this Division:Antarctic elector means an elector who:
(a) is, in the course of his or her employment, in Antarctica on the polling day for an election, and(b) has made a request under section 154AD that he or she be treated, while he or she is in Antarctica, as an Antarctic elector.Antarctica means the Australian Antarctic Territory and includes:
(a) the Territory of Heard Island and McDonald Islands, and(b) Macquarie Island.station means a research station in Antarctica that is operated by the Commonwealth.
transmit includes transmit by radio-telephone or telex.
154AB Antarctic Returning Officers and Assistant Returning Officers
(1) There shall be an Antarctic Returning Officer, and an Assistant Antarctic Returning Officer, for each station.(2) Antarctic Returning Officers and Assistant Antarctic Returning Officers shall be appointed by the Electoral Commissioner by instrument in writing.(3) The person in charge of a station shall not be appointed to be the Antarctic Returning Officer, or Assistant Antarctic Returning Officer, for that station.(4) The person in charge of a station may, by instrument in writing, appoint a person (including the Assistant Antarctic Returning Officer) to act as the Antarctic Returning Officer for the station during any period, or during all periods, when the Antarctic Returning Officer for the station is absent from duty at the station, is absent from Antarctica, or is for any other reason unable to perform the functions of his or her office.(5) The person in charge of a station may, by instrument in writing, appoint a person to act as the Assistant Antarctic Returning Officer for the station during any period, or during all periods, when the Assistant Antarctic Returning Officer for the station is acting as Antarctic Returning Officer for the station, is absent from duty at the station, is absent from Antarctica, or is for any other reason unable to perform the functions of his or her office.(6) While a person is acting as the Antarctic Returning Officer, or as the Assistant Antarctic Returning Officer, for a station, he or she has and may exercise all the powers and shall perform all the functions, of the Antarctic Returning Officer, or the Assistant Antarctic Returning Officer, for the station, as the case requires.
154AC Application of this Part to polling in Antarctica
(1) Except as provided by this Division, the provisions of Divisions 2, 3, 7, 8 (other than sections 103 (2) and (3), 108, 109 and 110) and 10–12 do not apply to the taking of a poll in Antarctica.(2) In the application, by virtue of this Division, of a provision of this Part to the taking of a poll in Antarctica:(a) a reference in that provision to the returning officer in relation to a polling place shall be read as a reference to the Antarctic Returning Officer in relation to a station, and(b) a reference in that provision to another election official in relation to a polling place shall be read as a reference to the Assistant Antarctic Returning Officer in relation to a station.
(1) An elector who is, or expects to be, in the course of the elector’s employment, in Antarctica may, by notice given to the registrar for the subdivision of the district for which the elector is enrolled, request to be treated, while the elector is in Antarctica, as an Antarctic elector in relation to any election the polling day of which occurs while the elector is in Antarctica.(2) A notice shall be given to the registrar by lodging it with or sending it by post to the registrar.(3) A notice is not effective, in relation to an election, unless it is received by a registrar before noon on the day of nomination for the election.(4) Upon the receipt of a request to be treated as an Antarctic elector made by an elector, the registrar shall:(a) annotate the roll for the subdivision for which the elector is enrolled so as to indicate that the elector is an Antarctic elector, and(b) notify the Electoral Commissioner that the roll has been so annotated.(5) Notwithstanding anything in section 33 (1) or (2), while a person is entitled to be treated as an Antarctic elector by virtue of an annotation to the roll for a subdivision, the person is entitled to:(a) have his or her name retained on the roll for the subdivision, and(b) vote as an elector of the subdivision.(6) A registrar shall delete an annotation made under subsection (4) in relation to an elector immediately after becoming aware that the elector has ceased to be in Antarctica and shall notify the Electoral Commissioner accordingly.
154AE Arrangements for polling in Antarctica
(1) If, in the case of a periodic election for the Council, the proceedings stand adjourned to polling day, the Electoral Commissioner shall immediately cause to be transmitted to the Antarctic Returning Officer at whose station the elector is based:(a) directions for the preparation by the Antarctic Returning Officer of ballot papers for use in relation to the election, and(b) the name of the elector and the particulars relating to the elector that are entered on the roll.(2) If, in the case of an election for the Assembly, the proceedings on the day of nomination stand adjourned to polling day, a returning officer on the roll for whose subdivision there is an Antarctic elector in relation to the election shall immediately cause to be transmitted to the Antarctic Returning Officer at whose station the elector is based:(a) directions for the preparation by the Antarctic Returning Officer of ballot papers for use in relation to the election, and(b) the name of the elector and the particulars relating to the elector that are entered on the roll for the subdivision.(3) If information is transmitted by the Electoral Commissioner or a returning officer to an Antarctic Returning Officer in pursuance of this section, both the Electoral Commissioner or the returning officer, as the case may be, and the Antarctic Returning Officer shall, immediately after the transmission, cause a statement in writing of the information transmitted to be prepared.(4) Sections 82–83B and 83H apply in relation to ballot papers prepared under this section as if a reference in sections 83 and 83B and 83H to the printing of ballot papers were a reference to such preparation.
154AF Ballot papers to be initialled
Section 102 applies to the polling at a station in Antarctica as if the reference in that section to an election official were a reference to the Antarctic Returning Officer for that station.
154AG Candidates not to take part in polling
A candidate shall not take part in any way in the conduct of the polling in Antarctica.
154AH The polling in Antarctica
(1) The polling at a station in Antarctica shall be conducted as follows:(a) before any vote is taken, the Antarctic Returning Officer for the station shall exhibit the ballot box empty, and shall then securely fasten its cover,(b) the poll shall be open during such hours on such days as the Antarctic Returning Officer, subject to subsection (2), directs, and(c) the Antarctic Returning Officer or the Assistant Antarctic Returning Officer shall, at all times at which the poll is open, be present in that part of the station at which the polling is taking place.(2) The polling at a station in relation to an election shall not continue beyond 6 pm by standard time in New South Wales (other than in the County of Yancowinna and Lord Howe Island) on the day of polling in the election.
154AI Entitlement of Antarctic electors to vote
An Antarctic elector whose name has been transmitted to the Antarctic Returning Officer for a station in pursuance of section 154AE (1) (b) or (2) (b), as the case may be, is entitled to vote at the station during the period when the poll is open at that station.
154AJ Questions to be put to voter
(1) The Antarctic Returning Officer for a station shall put the following questions to each person claiming to vote at the station in an election or elections:(a) What is your full name?(b) Have you voted before in this election? or Have you voted in these elections? (as the case requires)(2) If a person who claims to vote at a station and to whom questions are put under this section:(a) refuses to answer fully any question so put to the person, or(b) does not answer the question referred to in subsection (1) (b) absolutely in the negative, when put to the person,the person’s claim to vote at the station shall be rejected.
154AK Right of Antarctic elector to receive ballot paper
The Antarctic Returning Officer or the Assistant Antarctic Returning Officer for a station shall, at the polling, give to each person claiming to vote at the station a ballot paper for the district for which the person is enrolled, duly initialled by the Antarctic Returning Officer, if the name under which the person claims to vote has been transmitted to the Antarctic Returning Officer in pursuance of section 154AE (1) (b) or (2) (b), as the case may be, and the person’s claim to vote is not rejected.
154AL List of Antarctic electors to be marked
Immediately upon giving a ballot paper to a person claiming to vote, the Antarctic Returning Officer or the Assistant Antarctic Returning Officer shall record on the statement prepared by him or her under section 154AE (3) the fact that the ballot paper has been given to that person.
154AM Application of sections 103 (1) and 108
Sections 103 (1) and 108 (1) apply to the polling at a station as if:(a) each reference in those subsections to an unoccupied compartment of the booth were a reference to an unoccupied part of the station, and(b) section 103 (1) (c) were omitted.
154AN Proceedings by Antarctic Returning Officer on close of poll
At the close of the poll, the Antarctic Returning Officer shall, in the presence of the Assistant Antarctic Returning Officer:(a) open the ballot box,(b) transmit, or cause to be transmitted, to the Electoral Commissioner:(i) particulars of each elector who has voted,(ii) unless subparagraph (iii) applies—particulars of the marking of each ballot paper, and(iii) if the Antarctic Returning Officer is unable clearly to read or understand the particulars referred to in subparagraph (ii)—a statement to that effect together with such information relating to those particulars as the Antarctic Returning Officer thinks sufficient to explain that inability, and(c) cause a statement in writing of the information transmitted to be prepared.
154AO Result of the polling in Antarctica
(1) Upon receipt of the particulars referred to in section 154AN (b) (ii), the Electoral Commissioner shall forthwith:(a) initial the front of a postal ballot paper appropriate for the district for which the vote was cast,(b) cause those particulars to be transcribed onto the postal ballot paper,(c) seal the postal ballot paper in an envelope,(d) indorse the envelope with his or her signature, and(e) cause to be sent to the returning officer for the district to which the ballot paper relates the envelope containing the postal ballot paper.(2) A returning officer or polling place manager shall not mark a postal ballot paper referred to in this section in a manner that is likely to enable the ballot paper to be identified as representing the vote of an Antarctic elector.(3) Upon receipt of information under subsection (1), the Electoral Commissioner shall forthwith:(a) cause a statement in writing of that information to be prepared, and(b) cause to be sent to each returning officer for the district to which a ballot paper referred to in paragraph (1) (b) relates particulars of the Antarctic electors who have voted in the election in relation to the district.(4) A reference in this Part to scrutiny:(a) includes a reference to scrutiny of any act or thing done in pursuance of subsection (1) (a) to (d), and(b) does not include a reference to scrutiny of:(i) any act or thing done in Antarctica, or(ii) the transmission of any information to or from Antarctica.(5) For the purposes of section 114L, a ballot paper marked in accordance with subsection (1) (b) shall be deemed to have been used for voting in pursuance of this Part.
154AP Preservation of ballot papers etc
(1) As soon as practicable after the close of the poll for an election, the Antarctic Returning Officer for each station shall forward to the Electoral Commissioner a copy of the statements prepared by him or her under sections 154AE (3) and 154AN (c) and the ballot papers prepared by him or her and used for voting in Antarctica.(2) The documents to which this subsection applies that are used at or in connection with an election shall be preserved in accordance with directions of the Electoral Commissioner for the purposes of this subsection until:(a) the election can no longer be questioned, or(b) the expiration of the period of 6 months commencing on the date of the declaration of the poll,whichever later occurs, after which the Electoral Commissioner must cause the documents to be destroyed.(3) Subsection (2) applies to the following documents:(a) the statements referred to in sections 154AE (3), 154AN (c) and 154AO (3) (a),(b) the postal ballot papers referred to in section 154AO (1) (b),(c) the ballot papers prepared by an Antarctic Returning Officer and used for voting in Antarctica.
154AQ Appointment of assistants for Antarctic Returning Officer
(1) An Antarctic Returning Officer may appoint persons to act as his or her assistants in the exercise of the Officer’s functions.(2) An Antarctic Returning Officer may be assisted by assistants so appointed in the exercise of his or her functions under this Division, and a reference in this Division to an Antarctic Returning Officer includes a reference to assistants so assisting him or her.(3) Section 21AN applies to an assistant appointed under this section in the same way as it applies to an appointed official referred to in that section.