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ELECTORAL ACT 2017 - As at 9 October 2024 - Act 66 of 2017

- As at 9 October 2024 - Act 66 of 2017

Table of Provisions

PART 1 - PRELIMINARY

PART 2 - ELECTORAL ADMINISTRATION

Division 1 - New South Wales Electoral Commission

Division 2 - Electoral Commissioner

Division 3 - Staff of Electoral Commission and delegations

PART 3 - REDISTRIBUTION OF ELECTORAL DISTRICTS

Division 1 - Electoral Districts Redistribution Panel

Division 2 - Redistribution of electoral districts

  • 20 Governor to advise Redistribution Panel that redistribution is required
  • 21 Criteria for distributions
  • 22 Public notice of redistribution
  • 23 Preparation of draft redistribution determination
  • 24 Manner of identifying boundaries of electoral districts
  • 25 Public notice of draft redistribution determination
  • 26 Public hearing
  • 27 Revised redistribution determination
  • 28 Final determination of redistribution to be given to Governor
  • 29 Proclamation by Governor of names and maps of electoral districts

PART 4 - ENTITLEMENT TO ENROL AND VOTE

  • 30 Entitlement to enrol
  • 31 Entitlement to vote

PART 5 - ENROLMENT PROCEDURES AND INFORMATION

Division 1 - Enrolment

Division 2 - Complaints regarding enrolment

Division 3 - Civil and Administrative Tribunal review of decisions regarding enrolment

  • 40 Review by Civil and Administrative Tribunal

Division 4 - Electoral Information Register

Division 5 - Collection of electoral information

  • 44 Collection and maintenance of electoral information
  • 45 Persons who are to provide information

Division 6 - Authorised rolls

Division 7 - Inspection of authorised rolls and lists of enrolled persons and provision of enrolment information

Note
  • 48 Electoral Commissioner to determine manner and form of access to list of electors and enrolment information
  • 49 Provision of enrolment information to parties, members and candidates
  • 50 Provision of enrolment information to other persons
  • 51 Use of enrolment information
  • 52 Prohibition of disclosure or commercial use of enrolment information
  • 53 Access by an individual to information about the individual
  • 54 Division does not affect arrangements with Commonwealth

Division 8 - Miscellaneous

  • 55 Privacy--non-disclosure of information
  • 56 Arrangement with Commonwealth

PART 6 - REGISTRATION OF POLITICAL PARTIES

  • 57 Interpretation
  • 58 Register of Parties
  • 59 Application for registration
  • 60 Notice of application for registration
  • 61 Registration
  • 62 Parties and logos not to be registered during election
  • 63 Entitlements resulting from party registration not available until 12 months after registration
  • 64 Refusal to register
  • 65 Electoral Commissioner may request statement of current structure be provided
  • 66 Amendment of Register
  • 67 Annual returns and other inquiries with respect to continued registration or applications for registration
  • 68 Cancellation of registration
  • 69 Form of Register
  • 70 Public access to Register
  • 71 Statutory declarations
  • 72 False statements
  • 73 Evidence

PART 7 - CONDUCT OF PARLIAMENTARY ELECTIONS

Division 1 - Writs for elections

Note

Division 2 - Election administration

Division 3 - Nominations

Division 4 - Child protection declarations by candidates

  • 94 Definitions
  • 95 Child protection declarations
  • 96 Duties of Electoral Commissioner with respect to child protection declarations
  • 97 Duties of Children's Guardian with respect to child protection declaration
  • 98 Duty of persons to assist the Children's Guardian
  • 99 Reports presented to Presiding Officer of House of Parliament

Division 5 - Ballot papers

Subdivision 1 - General

Division 6 - Voting centres

Subdivision 1 - General
  • 108 Appointment of voting centres
  • 109 Hours of operation of voting centres
  • 110 Voting centres at licensed premises
  • 111 Use of prescribed premises as voting centres
  • 112 Voting centre managers to be provided materials and equipment
    • Subdivision 2 - Special provisions for early voting centres
  • 113 Voting before election day
  • 114 Hours of operation of early voting centres
  • 115 Security of early voting ballot boxes
  • 116 Electoral Commissioner may determine that enrolment voting provisions do not apply at early voting centres outside New South Wales
    • Subdivision 3 - Special provisions for mobile voting centres
  • 117 Declared facility
  • 118 Procedure for voting in mobile voting centres

Division 7 - Scrutineers

  • 119 Appointment of scrutineers
  • 120 Entitlements of scrutineers to be present during voting and counting
  • 121 Offences relating to scrutineers

Division 8 - Ordinary voting at district voting centres

  • 122 Application of Division
  • 123 Who may be present at voting centre
  • 124 Ballot box to be exhibited before voting commences
  • 125 Permission to be granted to employees to go to voting centre
  • 126 Where elector may vote
  • 127 Questions to be put to voter
  • 128 Questions to be put if voter challenged
  • 129 Silent electors
  • 130 Errors not to forfeit vote
  • 131 Elector to receive ballot paper
  • 132 Method of recording votes
  • 133 Spoilt ballot papers
  • 134 Assistance to certain electors

Division 9 - Declaration voting at voting centres

Subdivision 1 - Types of declaration voting
  • 135 Absent voters
  • 136 Absent silent electors
  • 137 Provisional voting
    • Subdivision 2 - Procedures relating to declaration voting
  • 138 Manner and form of declaration
  • 139 Applications for enrolment to be forwarded to Electoral Commissioner
  • 140 Casting a declaration vote
  • 141 Forwarding of declaration envelopes to Electoral Commissioner
    • Subdivision 3 - Preliminary scrutiny of declaration votes
  • 142 Acceptance of ballot paper for further scrutiny

Division 10 - Postal voting

  • 143 Application for a postal vote
  • 144 Issue of ballot papers to registered early voters
  • 145 Issue of ballot papers to postal vote applicants
  • 146 Retention of applications
  • 147 Postal ballot papers to be initialled
  • 148 Directions for postal voting
  • 149 Preliminary scrutiny of postal ballot papers
  • 149A Saving of certain postal ballot papers
  • 150 Spoilt postal ballot paper

Division 11 - Technology assisted voting

  • 151 Definitions
  • 152 Meaning of "eligible elector"
  • 153 Application to vote by means of technology assisted voting
  • 154 Electoral Commissioner to determine applications
  • 155 Electoral Commissioner to approve procedures for technology assisted voting
  • 156 Independent auditing of technology assisted voting
  • 157 Independent monitoring of technology assisted voting
  • 158 Scrutineers
  • 159 Secrecy relating to technology assisted voting
  • 160 Protection of computer hardware and software
  • 161 Regulations relating to technology assisted voting
  • 162 Electoral Commissioner may determine that technology assisted voting is not to be used

Division 12 - Determination of election results

Division 13 - Adjournment of voting

  • 176 Adjournment of voting
  • 177 Temporary suspension of voting

Division 14 - Provisions relating to activities during regulated periods

Subdivision 1 - Preliminary

Division 15 - Offences

  • 207 Offence of failing to vote
  • 208 Obstructing access to voting centre
  • 209 Electoral bribery, treating and selling of votes
  • 210 Interference with right to vote
  • 211 Ballot papers not to be removed from voting centre etc
  • 212 Impersonation and multiple voting
  • 213 Disorderly conduct at public political meetings
  • 214 Opening sealed packages
  • 215 Display, publish or distribute material falsely appearing to be made by Electoral Commission
  • 216 False or misleading declaration and statements
  • 217 Improperly signing or witnessing electoral papers
  • 218 Forging or uttering electoral papers
  • 219 Offence of stuffing ballot box

Division 16 - Miscellaneous provisions relating to elections

  • 220 Death of candidate during election period
  • 221 Election not to be questioned for omission etc of a formal nature
  • 222 Election information
  • 223 Signatures and marks on electoral papers and ballot papers

PART 8 - COURT OF DISPUTED RETURNS

Division 1 - Constitution and powers

  • 224 Court of Disputed Returns
  • 225 Powers of Court
  • 226 Court to sit as open court
  • 227 Real justice to be observed
  • 228 Decisions to be final
  • 229 Effect of decisions
  • 230 Power to make Rules of Court
  • 231 Regulations regarding court fees

Division 2 - Disputed elections and returns

  • 232 Application of Division
  • 233 Method of disputing elections or returns
  • 234 Requirements of petition
  • 235 Right of Electoral Commissioner to be represented
  • 236 Inquiries by Court
  • 237 Voiding election for illegal practices
  • 238 Court to report cases of illegal practices
  • 239 Immaterial errors not to void election
  • 240 Evidence that person not permitted to vote
  • 241 Copies of petition and order of court to be sent to Clerk of Assembly or Council
  • 242 Australian legal practitioner
  • 243 Costs
  • 244 Deposits applicable for costs
  • 245 Other costs

Division 3 - Qualifications and vacancies

  • 246 Reference of question as to qualification or vacancy
  • 247 Speaker or President to state case
  • 248 Parties to the reference
  • 249 Powers of Court
  • 250 Order to be sent to House affected
  • 251 Application of certain sections

Division 4 - Disputed election to fill casual vacancies in Legislative Council

  • 252 Application of Division
  • 253 Application of Divisions 1 and 2 to elections to fill casual vacancies in Legislative Council

PART 9 - ENFORCEMENT

Division 1 - General

  • 254 Proceedings for offences
  • 255 Proof of certain matters not required
  • 256 Certificate evidence relating to enrolment
  • 257 Prosecution of parties that are unincorporated associations
  • 258 Enforcement powers of Electoral Commission

Division 2 - Penalty notices

Subdivision 1 - Penalty notice for offence of failing to vote
  • 259 Penalty notices for offence of failing to vote
  • 260 Notation on list of non-voters of response to penalty notice
  • 261 List to be evidence
  • 262 Opening sealed packages containing rolls used at election
    • Subdivision 2 - Penalty notice for other offences
  • 263 Penalty notices

PART 10 - MISCELLANEOUS

Division 1 - Matters relating to conduct of elections

  • 264 Destruction of ballot papers and other documents
  • 265 Payment of expenses
  • 266 Provision as to Sunday and public holidays

Division 2 - General

  • 267 Regulations
  • 267A Additional functions of relevant parliamentary oversight committee
  • 268 Disclosure of information
  • 269 Status of approvals
  • 270 Publication of approvals
  • 271 Review of general elections and by-elections

Division 3 - (Repealed)

None

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