Division 3(1) For the purposes of the Dictionary to the Act, closing date is defined in this clause.(2) The closing date in relation to an election or poll is the date of the fortieth day preceding the day for the election or poll.(3) If an election or poll is delayed, the closing date in relation to it is:(a) in the case of a delay occurring before the fortieth day preceding the original day of the election or poll—the date of the fortieth day preceding the new day of the election or poll, or(b) in any other case—the date of the fortieth day preceding the original day.
For the purposes of section 301 (2) of the Act, the form of the roll of electors is a form containing the following particulars:(a) the ward (if any) and area to which the roll relates,(b) a numbered entry containing the surname, other names and address of each elector (the entry being in alphabetical order according to surname).
(1) The general manager is to give notice of the fact that persons are entitled to vote in an election, constitutional referendum or council poll, and are entitled to be enrolled as electors for a ward or area, if they are residents of the ward or area, or are owners, occupiers, or ratepaying lessees, of rateable land in the ward or area.(2) The notice is to invite claims for the inclusion of the names of persons in the roll of electors or for the amendment of any particulars entered in the roll against the names of persons.(3) The notice is to be given twice or more in the 60 days before the closing date for the election, constitutional referendum or council poll and each time is to be given by advertisement in a newspaper circulating in the relevant area.(4) An advertisement may contain notices required by this clause relating to more than one area.
281 Enrolment claims and objections
(1) A claim under section 303 (1) (a) of the Act for inclusion of a person’s name is to be in a form containing the following particulars:(a) whether the claim is being lodged with the Electoral Commissioner or the general manager,(b) the person’s full name and full address,(c) the person’s date of birth,(d) whether the person is entitled to be enrolled as an elector under the Act and whether the person claims enrolment as a resident of a ward or area, or is an owner, occupier, or ratepaying lessee, of rateable land in a ward or area,(e) the full address of any such rateable land,(f) whether the person is already enrolled in another ward (if any) of the same area,(g) particulars of any relevant nomination of the person under section 270, 271 or 272 of the Act (or section 16 or 16A of the City of Sydney Act 1988).(2) A claim under section 303 (1) (a) of the Act for the amendment of any particulars entered in the roll against a person’s name is to be in a form containing the following particulars:(a) whether the claim is being lodged with the Electoral Commissioner or the general manager,(b) the person’s full name and full address,(c) particulars of the amendment sought.(3) A claim under section 303 (1) (a) of the Act is to be signed by the person who lodges it and to contain a statement signed by a witness to the effect that the witness saw the person sign the claim and believes, to the best of the witness’s knowledge, that the statements in the claim are true.(4) An objection under section 303 (1) (b) or (c) of the Act to the inclusion of a name or the inclusion of any particulars against a name is to be in a form containing the following particulars:(a) whether the objection is being lodged with the Electoral Commissioner or the general manager,(b) the name or particulars to the inclusion of which the objection is made,(c) the full name and full address of the person lodging the objection,(d) the reasons for the objection.(5) An objection under section 303 (1) (b) or (c) of the Act is to be signed by the person who lodges it and that signature is to be witnessed by a justice of the peace.
282 Competing claimants for enrolment
(1) A general manager who nominates a person under section 272 of the Act must do so on the basis of lots drawn in accordance with this clause.(2) For the purposes of this clause, the general manager writes the names of the claimants who are competing for enrolment in respect of the same parcel of land on similar slips of paper. The general manager then folds the slips so as to prevent the names being seen, mixes them, and draws one slip at random.(3) The person to be nominated is the one whose name appears on the slip that is drawn.
The Electoral Commissioner and general manager are to supply a reasonable number of copies of forms suitable for use for the purposes of clause 281 free of charge to any person who applies for them.
284 Request for omission of place of living from roll (non-resident electors)
For the purposes of section 739 of the Act, the prescribed form of request for the omission or removal of any matter that would disclose or discloses a person’s place of living on the roll of electors is Form 1.
284A Provision of enrolment information to candidates
(1) At the request of any candidate for an election, the Electoral Commissioner must provide to the candidate, free of charge and in the manner and form determined by the Commissioner, enrolment information consisting of:(a) a list of electors for the candidate’s ward or, if the area is not divided into wards, a list of electors for the candidate’s area, and(b) their particulars,as appearing in the roll of electors referred to in section 301 of the Act.(2) Without limiting subclause (1), the Electoral Commissioner may determine that enrolment information to be provided under this clause is to be provided electronically or in electronic form.
284B Use of enrolment information—application of section 31E of Parliamentary Electorates and Elections Act 1912
(1) The provisions of section 31E (1) and (2) (other than section 31E (2) (c)) of the Parliamentary Electorates and Elections Act 1912 are adopted in connection with enrolment information provided under clause 284A, with modifications so that those provisions as modified are as set out in subclauses (2) and (3), including the penalty set out at the end of subclause (2).Note. Section 748 (3) and (4) of the Act provide for the creation of offences in connection with elections and polls by adopting, with such modifications as are necessary, any of the provisions of the Parliamentary Electorates and Elections Act 1912, and for the penalty for such an offence not to exceed the penalty for the corresponding offence in that Act.(2) A person must not use enrolment information that is provided by the Electoral Commissioner under clause 284A except for a purpose that is a permitted purpose in relation to the person to whom the information was provided.Maximum penalty: 1,000 penalty units.
(3) A permitted purpose is any purpose in connection with an election under the Act.
284C Prohibition of disclosure or commercial use of enrolment information—application of section 31F of Parliamentary Electorates and Elections Act 1912
(1) The provisions of section 31F (other than section 31F (5)) of the Parliamentary Electorates and Elections Act 1912 are adopted in connection with enrolment information provided under clause 284A, with modifications so that those provisions as modified are as set out in subclauses (2)–(5), including the penalty set out at the end of this clause.Note. Section 748 (3) and (4) of the Act provide for the creation of offences in connection with elections and polls by adopting, with such modifications as are necessary, any of the provisions of the Parliamentary Electorates and Elections Act 1912, and for the penalty for such an offence not to exceed the penalty for the corresponding offence in that Act.(2) For the purposes of this clause, enrolment information is protected information in relation to a person if the person knows, or has reasonable grounds for believing, that the information has been provided under clause 284A.(3) A person must not disclose protected information unless the disclosure would be a use of the information for a permitted purpose under clause 284B.(4) A person must not use protected information for a commercial purpose.(5) Without limiting subclause (4), protected information is used for a commercial purpose if it is sold or offered for sale.Maximum penalty: 1,000 penalty units.