Part 1 Name of Act and interpretation
1 Name of Act
2 Repeal
3 Definitions
Part 2 Distribution of electorates
3A–5 (Repealed)
6 Appointment of commissioners for redistribution of seats
6A Commissioners may use services of officers of Public Service
7 Duration of office etc
8 Chairperson
9 Rules
10 Quorum—casting vote of chairperson
11 Disqualifications for appointment as commissioner
12 Appointments to fill vacancies
13 Redistribution of electoral districts by commissioners etc
14 Notice of proposed alteration of existing boundaries to be given
14A Manner of identifying boundaries of electoral districts
15 Proclamation of names and maps of electoral districts
16, 17 (Repealed)
17A Criteria for distributions
18 (Repealed)
19 Application to commissioners of Royal Commissions Act 1923
Part 3 Qualification of electors
20 Qualification of electors
20A Enrolled electors leaving Australia
20B Eligibility of spouse or child of eligible overseas elector
20C Itinerant electors
21 Disqualifications from voting
Part 3A Electoral administration
Division 1 New South Wales Electoral Commission
21A New South Wales Electoral Commission
Division 2 Electoral Commissioner
21AA Electoral Commissioner
21AB Tenure of office of Electoral Commissioner
21AC Provisions applicable to Electoral Commissioner
21AD Acting Electoral Commissioner
Division 3 Election officials for districts
21AE Election officials
21AF Acting returning officers
21AG Functions of election officials
21AH Returning officer not eligible to vote at Assembly election
Division 4 Election assistants for periodic Council elections
21AI Appointment of assistants for Electoral Commissioner for periodic Council elections
Division 5 Postal voting officers
21AJ Postal voting officers and deputy postal voting officers
21AK Appointment of assistants for postal voting officer
21AL Definition of “appointed official”
21AM Delegation
21AN Appointed officials subject to control and direction
21AO Declarations to be made by appointed officials
21AP Remuneration of appointed officials
21AQ Termination of appointment of appointed officials
21AR Notification of appointments and termination of appointments of returning officers
Part 3B Arrangement with the Commonwealth as to rolls
21BAA Definition
21B Arrangement with Commonwealth as to rolls
21C Rolls
21D Failure of registrar or Commonwealth divisional returning officer to prepare, alter or revise joint rolls for State elections
Division 1 Districts and subdivisions
22 (Repealed)
23 Power of Governor as to subdivision of districts
24 Changes to be made in rolls on subdivision of districts or alteration of boundaries
25 Appointment of officers
26 Rolls for districts and subdivisions
27 New rolls
28 Alterations which may be made in new roll by registrar
29 Printing of rolls
30 (Repealed)
31 Persons who are to furnish information
Division 3A Inspection of rolls and provision of enrolment information
31A Electoral Commissioner to determine manner and form of access to rolls and enrolment information
31B Public inspection of rolls
31C Provision of enrolment information to parties, members and candidates
31D Provision of enrolment information to others
31E Use of enrolment information
31F Prohibition of disclosure or commercial use of enrolment information
31G On-line access by an individual to information about the individual
31H Division does not affect arrangements with Commonwealth
32 Addition of names to rolls
33 Claims for enrolment or transfer of enrolment
33A Claims for provisional enrolment
34 Compulsory enrolment and transfer
35 Registration of claims
36, 37 (Repealed)
38 Penalty on officer neglecting to enrol claimants
38A Request for residence not to be shown on roll
39 Alteration of rolls
39A Incorrect enrolment
40 Alterations to be initialled
41 Information as to deaths and convictions
41A Computer records relating to roll
42 Name on roll may be objected to
43 Objection
44 Duty to object
45 Notice of objection
46 Answer to objection
47 Determination of objection
47A Assistant divisional returning officers
48 Appeal to Local Court
49 Power of Local Court to hear and determine appeals etc
Division 7 Copy of roll for election
50 Roll for purposes of election
51 Witness to application must be satisfied of truth of statements
52 Failure to transmit claim
52A, 52B (Repealed)
53 Electoral papers may be sent by post
54 Correction of errors
55–66 (Repealed)
Part 4A Registration of parties
66A Definitions and related provisions
66B Registration of parties
66C Register of Parties
66D Application for registration
66DA Notice of application for registration
66E Registration
66F Party not to be registered during election
66FA Entitlements resulting from party registration not available until first anniversary of registration
66G Refusal to register
66H Amendment of Register
66HA Annual returns and other inquiries with respect to continued registration or applications for registration
66I Cancellation of registration
66J Public access to registers
66JA Distribution of information to electors about registered parties
66K Statutory declarations
66L False statements
66M Evidence
66N Transitional and other arrangements
67 (Repealed)
Division 1 Application of Part
67A Application of Part
Division 1A Writs for Assembly elections
68 Within what time writs for general elections to be issued and made returnable
69 Meeting of Assembly after return of writs
69A Governor to issue writ for vacancy occurring before Assembly meets after general election
70 Speaker to issue writs to fill vacancies
71 If no Speaker, Governor to issue writ
72 Writs directed to Electoral Commissioner
73 (Repealed)
74 Duties of Electoral Commissioner on receipt of writ
Division 1B Writs for periodic Council elections
74A Writs for periodic Council elections
74B Meeting of Council after return of writs
74C Writ directed to Electoral Commissioner
74D Duties of Electoral Commissioner on receipt of writ
Division 2 General conduct of Assembly and Council elections
75 General conduct of Assembly elections
75A (Repealed)
76 General conduct of Council elections
77, 78 (Repealed)
78AA–78E(Repealed)
Division 4 Nominations for the Assembly
79 Nomination of Assembly candidates
79A Withdrawal of nomination for Assembly election
80 Proceedings on nomination day if one candidate only
81 When poll to be taken
81A Death of candidate
Division 5 Nominations for the Council
81B Nomination of Council candidates
81C Grouping of candidates
81D Dual nominations
81E Member of Commonwealth Parliament ineligible for Council
81F Deposit for periodic Council election
81G Withdrawal of nomination for a periodic Council election
81H Proceedings after close of nominations
81I (Repealed)
Division 5A Child sexual offences etc disclosures by candidates for the Assembly or Council
81J Application of Division
81K Definitions
81L Child-related conduct declarations
81M Duties of Electoral Commissioner with respect to child-related conduct declarations
81N Duties of CYP Commission with respect to child-related conduct declarations
81NA Duty of persons to assist the CYP Commission
81O Unauthorised disclosure or dishonest disclosure of information
81P Reports presented to Presiding Officer of House of Parliament
Division 6 Ballot papers for Assembly elections
82 Ballot papers to be provided
82A Returning officer to determine order in which candidates’ names are to be entered on ballot paper
83 Printing of ballot papers
Division 6A Ballot papers for periodic Council elections
83A Ballot papers to be provided
83B Printing of ballot papers
83C (Repealed)
Division 6B Party endorsement on ballot papers
83D Notification of party endorsement
83E Notification of independent candidacy
83F Verification of party endorsement
83G Combination of requests
83H Printing of party name etc on ballot papers
83I Form of party name on ballot papers
84 Polling places
85 Booths to be erected or rooms hired
86 Booths—arrangements, ballot boxes etc
86A (Repealed)
87 Polling place—arrangements
87A Mobile booths in hospitals etc
88 (Repealed)
89 Polling place managers to be furnished with copies of rolls and ballot papers
90 Scrutineers
91 (Repealed)
Division 8 General provisions for the regulation of voting
92 Exercise of functions of election officials under this Division by election assistants
93 Who may be present at polling place
94 Ballot box to be exhibited before taking of poll
95 Hours of polling
96 Permission to be granted to employees to go to polling place
97 Where electors may vote
98 Appointment of polling places outside electoral district
99 Questions to be put to voter
99A Person whose residence is not on the roll
100 Questions to be put if voter challenged
101 Errors not to forfeit vote
101A (Repealed)
102 Ballot papers to be initialled
103 Vote, how given
103A Vote of person whose residence is not shown on the roll
104 Spoilt ballot papers
105 (Repealed)
106 Disputed vote
107 (Repealed)
108 Assistance to certain electors
108A Instructions
109 Provision when poll falls on Saturday
110 When votes to be rejected
111 Ballot papers not to be removed from polling booth etc
112 False answer to questions etc or double voting
113 Penalty for obstructing elector from access to polling place
114 Maintenance of order
114A Application for a postal vote certificate and postal ballot paper
114AA Registration of general postal voters
114AB Dispatch of ballot papers to registered general postal voters
114B Authorised witnesses
114C Duty of witnesses
114D Issue of certificate and ballot paper
114E Inspection of applications
114F Postal ballot papers to be initialled
114G Returning officer to notify issue of postal vote certificates and postal ballot papers
114GA Person claiming to vote, whose name is noted under section 114G
114H Directions for postal voting
114I Duty of authorised witness
114J Penalty for unlawfully marking etc ballot paper
114K Duty of persons present when an elector votes by post
114L Preliminary scrutiny of postal ballot papers
114M Postal and absent voters’ ballot papers not to be informal because of certain omissions or mistakes
114N Spoilt postal ballot paper
114NA Application of this Division
114O Assistance for returning officer
Division 10 Pre-poll voting (electoral offices and appointed places)
114P Application for permission to vote before polling day
114Q Procedure for voting before polling day
114QA Ballot papers etc forwarded to district for which elector enrolled
114R (Repealed)
114S Returning officer to notify polling place managers that elector has voted before polling day
114T Assistance to certain electors
114U Scrutineers
114V Penalty for unlawfully marking ballot paper
114W Duty of persons present when elector votes under section 114Q
114X Preliminary scrutiny of ballot papers of electors under section 114Q
114Y Spoilt ballot papers
114Z Assistance for pre-poll voting officer
Division 11 Voting by post (interstate and overseas)
114ZA Application for a postal vote certificate and postal ballot paper
114ZB Procedure for polling before polling day
114ZC Postal ballot papers to be initialled
114ZD Directions for postal voting
114ZE Applications etc to be sent to Electoral Commissioner and returning officer
114ZF Returning officer to note issue of ballot papers etc
114ZG Scrutiny of postal ballot papers
114ZH Postal ballot paper not to be informal because of certain omissions or mistakes
114ZI Spoilt postal ballot paper
114ZJ Applications to be available for public inspection
114ZK Assistance for postal voting officer
114ZL Application of this Division
Division 11A Pre-poll voting (declared institutions)
114ZM Definition
114ZN Declared institutions
114ZO Taking of poll at declared institutions
114ZP Entitlement to vote at declared institution
114ZQ Duty to deliver request to vote
114ZR Procedure for voting at declared institutions
114ZS Assistance to certain electors
114ZT Scrutineers
114ZU Penalty for unlawfully marking ballot paper etc
114ZV Duty of persons present when elector votes under this Division
114ZW Preliminary scrutiny of ballot papers of certain electors under this Division
114ZX Spoilt ballot papers
114ZY Assistance for pre-poll voting officer
115 Voting outside electoral district
116 Forwarding of absent voters’ ballot papers
117 Returning officer satisfied to accept ballot paper for further scrutiny
118 Further scrutiny
119 Decision of returning officer re validity of ballot paper
120 Exercise of functions of election officials under this Division by election assistants
120A (Repealed)
120B Electoral Commissioner to prepare list of electors failing to vote
120C Penalty notices for certain offences
120D Notation on list of non-voters of response to penalty notice
120E List to be evidence
120F Offences relating to failure to vote
120G Opening sealed parcels containing rolls and list used at election
120H (Repealed)
Division 13A Concurrent Assembly and periodic Council elections
120I Issue of writs and nomination day for concurrent Assembly and periodic Council elections
120J Additional provisions applicable where polling day for Assembly and periodic Council elections is same day
Division 14 Proceedings after close of poll at Assembly elections
120K Application of Division
121 How and when number of votes to be ascertained
122 Informal ballot papers
122A Ballot papers not to be informal in certain circumstances
123 Sealing and transmission by polling place managers of separate parcels of ballot papers etc
124 Account of ballot papers and verification thereof and of list of votes
125 Returning officers’ parcels
125A Parcels of postal, pre-poll or absent ballot papers etc
126 Declaration of poll
126A Scrutiny for statistical information
127 Separate parcels to be enclosed in packets, sealed etc
128 Ballot papers, copies of rolls and books to be evidence
129 Penalty for breaking seal of or opening parcel or packet
Division 14A Proceedings after close of poll at periodic Council elections
129A Application of Division
129B Counting of votes
129C Sealing and transmission of separate parcels of ballot papers etc
129D Returning officers’ parcels
129E Lists and accounts of ballot papers
129EA Formal votes where vote recorded in group voting square
129EB Special provision where minimum size of group reduced by death of candidate etc
129F Informal ballot papers
129G Declaration of poll
129H Retention and destruction of parcels
129I Ballot papers, copies of rolls and books to be evidence
129J Penalty for breaking seal of or opening packet or parcel
Division 15 Adjournment of poll
130 When polling may be adjourned etc
131 Notice of adjournment to be given
131A Votes at adjourned poll
132 Limits of adjournments
Division 16 General provisions
133 Election not to be questioned for want of or defect of title of officers
134 Election not to be questioned for omission etc of a formal nature
135 Violation of secrecy by officers
135A Electoral official to vacate office upon becoming a candidate
136 Penalty for neglect etc by electoral officials
137 Appointment of and declaration by scrutineers
138–146 (Repealed)
Division 17 Bribery, treating, intimidation etc
147 Bribery etc
148 Extended meaning of terms “candidate” and “election”
149 Electoral treating
150 Penalty for electoral treating
151 Intimidation
151A Printing etc false information
151B Exhibition of posters
151C (Repealed)
151D Removal and confiscation of posters
151E Name and address of author and printer to be printed on advertisements etc
151F Distribution of electoral material on polling day
151G Registration of electoral material
151GA Registration of electoral matter involving joint tickets
151H Prohibition of canvassing near polling places
151I Confiscation of electoral material
151J Application of provisions to grounds of polling place
152 Persons incurring electoral expense without authority
153 (Repealed)
154 Wagers etc on result of elections prohibited
Division 18 Special provisions relating to the polling in Antarctica
154AA Definitions
154AB Antarctic Returning Officers and Assistant Returning Officers
154AC Application of this Part to polling in Antarctica
154AD Antarctic electors
154AE Arrangements for polling in Antarctica
154AF Ballot papers to be initialled
154AG Candidates not to take part in polling
154AH The polling in Antarctica
154AI Entitlement of Antarctic electors to vote
154AJ Questions to be put to voter
154AK Right of Antarctic elector to receive ballot paper
154AL List of Antarctic electors to be marked
154AM Application of sections 103 (1) and 108
154AN Proceedings by Antarctic Returning Officer on close of poll
154AO Result of the polling in Antarctica
154AP Preservation of ballot papers etc
154AQ Appointment of assistants for Antarctic Returning Officer
Part 6 Court of Disputed Returns
Division 1 Disputed elections and returns
154A Application of Division
155 Method of disputing elections or returns
156 The Court of Disputed Returns
157 Requisites of petition
158 Deposits as security for costs
159 No proceedings unless requisites complied with
160 Right of Electoral Commissioner to be represented
161 Powers of Court
162 (Repealed)
163 Inquiries by Court
164 Voiding election for illegal practices
165 Court to report cases of illegal practices
166 Real justice to be observed
167 Immaterial errors not to vitiate election
168 Evidence that person not permitted to vote
169 Decisions to be final
170 Copies of petition and order of court to be sent to Clerk of Assembly
171 Australian legal practitioner
172 Costs
173 Deposits applicable for costs
174 Other costs
175 Effect of decisions
175A Power to make Rules of Court
175AA Regulations re court fees
Division 2 Qualifications and vacancies
175B Reference of question as to qualification or vacancy
175C President or Speaker to state case
175D Parties to the reference
175E Powers of Court
175F Order to be sent to House affected
175G Application of certain sections
Division 3 Application of Division 2 to Council
175H Application of Division 2 to Legislative Council
Division 4 Casual vacancies in Council
175I Application of Division
175J Application of certain sections
Part 7 Miscellaneous provisions, penalties etc
176 Regulations
176A Destruction of ballot papers and other documents
176B Disorderly conduct at public political meetings
176C Signature to electoral paper
176D Untrue statements in forms
176E Witnessing electoral papers
176F Forging or uttering electoral papers
177 Offence of stuffing ballot box
178 Penalty on police officers influencing voters etc
179 Payment of expenses
180 Summary penalties for neglect
181 Penalty for disobedience
182 Rolls—business hours for registrars and correction of errors etc
183 Proceedings for offences
184 Limitation of time etc for recovery of penalties etc
185 Appropriations of fees and penalties
186 Provision as to Sunday, Good Friday and Christmas Day
186A Savings, transitional and other provisions
187 Investigation of internet voting for vision-impaired and other disabled persons
188(Repealed)
Schedule 19 Procedure in relation to enforcement of provisions of section 34