ELECTORAL ACT 1907

Table of Provisions

• Long Title

PART I -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 4 Terms used
 
• 4AA Official agents for the appointment of scrutineers

PART II -- Administration  

• 4A Western Australian Electoral Commission, nature of
 
• 5 Electoral Commissioner, office of established
 
• 5A Deputy Electoral Commissioner, office of established
 
• 5B Appointment of Electoral Commissioner and Deputy Electoral Commissioner
 
• 5C Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of
 
• 5D Appointment of Acting Commissioners
 
• 5E Electoral Commissioner etc., other provisions as to
 
• 5F Functions of Electoral Commissioner
 
• 5G Delegation by Electoral Commissioner
 
• 5H Deputy Electoral Commissioner, functions of
 
• 5I Commissioners to have regard to particular groups when performing functions
 
• 6 Appointing returning officers
 
• 7 Appointment of substitute for returning officer
 
• 13 Restriction on resignation of returning officer after issue of writ
 
• 14 Replacement of returning officer after issue of writ
 
• 15 Temporary assistants, appointment of
 
• 15A Officers to make declaration before acting etc.
 
• 16 People not eligible to be officer etc.

PART IIA -- Representation in Parliament

Division 1 -- Preliminary  

• 16A Terms used
 
• 16B Electoral Distribution Commissioners, appointment of etc.

Division 2 -- Whole of State electorate and electoral districts  

• 16C Whole of State electorate and representation
 
• 16D Electoral districts and representation

Division 3 -- Division of State into districts  

• 16E Division of State into districts required after each general election for Assembly
 
• 16F Commissioners, functions of
 
• 16G Districts, how State to be divided into
 
• 16I Dividing State, matters Commissioners to consider when
 
• 16J District boundaries etc., Commissioners may modify etc.
 
• 16K Effect of notice under s. 16F(2)(f) as to division of State
 
• 16MA Map or maps of districts generated from digital or electronic record
 
• 16M One vote one value principle, absolute majorities required for Bills affecting

PART III -- Enrolment

Division 1 -- Entitlement to be elector  

• 17 Who is entitled to be enrolled and vote
 
• 17AA Entitlement to be enrolled for persons who attain 16 years of age
 
• 17A Electors leaving Australia but staying on Commonwealth roll to stay on register of electors
 
• 17B Enrolment of elector with no fixed address if enrolled on Commonwealth roll
 
• 18 People not entitled to vote and be enrolled

Division 2 -- Register of electors  

• 19 Register of electors
 
• 31 Arrangement with Commonwealth for single enrolment procedure
 
• 31A Arrangement with Commonwealth for sharing of information to revise register of electors
 
• 31B Arrangement with Commonwealth in relation to silent elector applications under s. 51B
  34. Register of electors and other documents not invalid in particular cases  
• 35 Public officers to give particular persons information to revise register of electors
 
• 35A Electoral Commissioner may revise register of electors due to information received from Commonwealth or State
 
• 38 Regulation-making power in relation to enrolment
 
• 40 Changes to register of electors

Division 3 -- Enrolment  

• 40A When persons are enrolled
 
• 41 How persons may be enrolled
 
• 42 Form of claims
 
• 43 Claims of certain Cwlth electors to be taken to be in order
 
• 44 Essential parts of claims
 
• 44A Enrolment of claimants and rejection of claims
 
• 45 Offences in relation to compulsory enrolment
 
• 46 Enrolment officer’s functions in relation to entitlement of claimant considered insufficient or incorrect

Division 4 -- Objections

• 47 Objections to claims
Subdivision 2 -- To enrolment  
• 48 Objections to enrolment
Subdivision 3 -- Powers of Electoral Commissioner on appeal  
• 49 Electoral Commissioner’s powers

Division 5 -- Miscellaneous  

• 51 Removing repeated names and adjusting register of electors
 
• 51A Persons who lack capacity to vote not to be on register of electors
 
• 51AA Removal of name following declaration by SAT
 
• 51B Silent electors
 
• 51C Review of register of electors in relation to silent electors
 
• 52 Permitted alterations to register of electors
 
• 56 Registrar of Births, Deaths and Marriages to notify Electoral Commissioner of deaths in State
 
• 59 Electoral Commissioner to be informed about particular prisoners and detained persons
 
• 60 Changes to register of electors required due to information given under s. 56 and
  61. General postal voters  
• 62 Offences in relation to applications to be general postal voters

Division 6 -- Accessing enrolment information  

• 62A Preparing register extracts for disclosure
 
• 62AA Public inspection of register extracts
 
• 62AB Disclosing particular information to members of Parliament and parliamentary parties
 
• 62AC Disclosing particular information to persons other than parliamentary parties and members of Parliament
 
• 62AD Disclosing enrolment information to government departments
 
• 62AE Restricted use of information given under this Division
 
• 62AF Restricted use of protected information given under this Division

PART IIIA -- Registration of political parties  

• 62B Scope of Part
 
• 62C Terms used
 
• 62CA Membership requirements for qualification as eligible political party
 
• 62D Register of political parties, Electoral Commissioner to keep etc.
 
• 62E Applications for registration
 
• 62F Variation of application, Electoral Commissioner may advise etc.
 
• 62G Public notice of application to be given
 
• 62H Registration of political party
 
• 62HA Political party taken not to be registered for certain purposes
 
• 62I Parliamentary party existing at 21 Oct 2000, registration of as political party
 
• 62J Refusal of registration, grounds for etc.
 
• 62K Amendment of register
 
• 62KA Annual returns in relation to continued registration
 
• 62L Cancellation of registration
 
• 62M Public inspection and notice of register
 
• 62N Review of decision under s. 62H, 62J or 62L
  62O. False representation as to registration, offence  
• 62P Electoral Commissioner may request information from political party
 
• 62Q Offences relating to information
 
• 62R Certificate of Electoral Commissioner is evidence

PART IV -- Elections

Division 1 -- Writs  

• 64 General elections, issue of writs for
 
• 65 Writ issued under s. 64, 67 or 156E, notice of to be gazetted etc.
 
• 67 Vacancy in Assembly, issue of writ for etc.
 
• 68 Writ deemed to be issued at 6 p.m. on day of issue
 
• 69 Form and content of writs
 
• 69A When close of rolls occurs after issue of writ
 
• 70 Rules for fixing close of nominations
 
• 71 Rules for fixing polling day
 
• 72 Last day for return of writ, rules for fixing
 
• 74 Writ to be addressed to Electoral Commissioner who is to forward copy to returning officer etc.
 
• 75 Advertisement of writ and other matters relating to election
 
• 76 Time fixed in writ, extending

Division 1A -- Rolls for elections  

• 76AA Rolls for elections to be prepared
 
• 76AB Altering or amending rolls after they are prepared
 
• 76AC Supplementary rolls
 
• 76AD Amalgamated rolls
 
• 76AE Rolls not invalid in particular cases
 
• 76AF Regulation-making power in relation to preparing rolls

Division 2 -- Nominations  

• 76A Who is qualified to be elected as member of Parliament
 
• 76B Who is not qualified to be elected as member of Parliament
 
• 77 Rules about nominating candidates
 
• 78 Form and content of nominations
 
• 79 When returning officer may receive nominations
 
• 80 Grouping of candidates
 
• 80A Lodging group claims with Electoral Commissioner
 
• 81 Nomination paper and deposit required for valid nomination
 
• 81A Making and effect of party nominations
 
• 82 Withdrawing nominations
 
• 83 Nomination paper, effect of defects etc. in
 
• 84 Deposit by candidate, return or forfeiture of
 
• 85 Place of declaration of nominations
 
• 86 Close of nominations procedure for single member election
 
• 87 Close of nominations procedure for Council election where relevant number more than one
 
• 87A Close of nominations, returning officer’s other duties as to
 
• 88 Death of candidate after nomination
 
• 89 Failure and partial failure of election, when occurs and consequences of

Division 2A -- Registration of how-to-vote cards  

• 89A How-to-vote cards
 
• 89B When how-to-vote cards are suitable to be registered
 
• 89C Applications to register how-to-vote cards
 
• 89D Commissioner must register suitable how-to-vote cards
 
• 89E Replacing registered how-to-vote cards
 
• 89F Correcting errors identified by Electoral Commissioner in registered how-to-vote cards
 
• 89G Cancelling registration of registered how-to-vote cards on request
 
• 89H Nominating or changing accountable person for how-to-vote cards
 
• 89I Publishing registered how-to-vote cards on Commission website

Division 3 -- Procedural provisions about voting

• 90 Appointing places in relation to voting
 
• 90A Amending notices made under s.
 
• 90B Certain buildings to be used for free
 
• 90C Liquor not to be sold in licensed premises where people vote
 
• 90D Officers and times to vote at mobile voting places
 
• 90E Notice to be given in relation to mobile voting places
Subdivision 2 -- Early voting days for elections  
• 91 Rules for fixing early voting days
Subdivision 3 -- Appointments and functions of persons in relation to holding an election  
• 92 Returning officer’s duties in relation to elections
 
• 92A Electoral Commissioner and returning officers may appoint issuing officers
 
• 92B Electoral Commissioner may give directions in relation to elections
 
• 92C Appointing presiding officers and assistant presiding officers at polling places
 
• 92D Substitute and assistant presiding officers
 
• 92E Effect of failure to take poll if presiding officer is absent
 
• 92F Appointment of scrutineers during polling
 
• 92G Election campaign workers to have access to toilet facilities
 
• 92H Responsibilities in relation to election campaign workers
 
• 92I Returning officer may provide or require persons to wear identification
 
• 92J Police at places to vote
 
• 92K Candidate not to conduct election
Subdivision 4 -- Requirements for places to vote  
• 93 Duties for places to vote, ballot boxes and ballot papers
 
• 93A Designated entrances for places to vote
 
• 93B Returning officer to ensure separate voting compartments and pens or pencils are provided
 
• 93C Ensuring access to rolls for elections
Subdivision 5 -- Ballot papers  
• 94 Providing ballot papers to places to vote
 
• 94A Form and content of ballot papers generally
 
• 94B Printing political party names on ballot papers
 
• 94C Printing “Independent” on ballot papers
 
• 94D Printing Council ballot papers
 
• 94E Printing Assembly ballot papers

Division 3A -- Voting

• 95 Person may vote if name on roll
Subdivision 2 -- Polling places  
• 96 Persons who may be at polling places
 
• 96A Ballot box to be exhibited and sealed before voting commences
 
• 96B When electors can vote at polling places
 
• 96C Questions to be put to people claiming to vote at polling place
 
• 96D Voting at polling place for person’s district
Subdivision 3 -- Absent and provisional voting at polling places  
• 97 Term used: vote as a provisional voter
 
• 97A Absent voting
 
• 97B Provisional voting when required by officers
 
• 97C Provisional voting when enrolled under s.
 
• 97D Provisional voting when not on or removed from roll
 
• 97E Provisional voting when name cannot be found on roll
 
• 97F Provisional voting if record made that person has received ballot paper
 
• 97G Provisional voting if person applies to enrol on day on which they intend to vote
 
• 97H Declaration made under this Subdivision sufficient for elections that have same polling day
 
• 97I Regulations about absent and provisional voting
Subdivision 4 -- How to vote  
• 98 Terms used
 
• 98A Giving ballot papers to persons who have right to vote or who made declarations
 
• 98B Method of voting at polling place
 
• 98C How ballot paper is to be marked by voter for single member election
 
• 98D Marking ballot paper for Council election where relevant number is more than one if at least 1 above-the-line square
 
• 98E Voting in below-the-line-squares or if no above-the-line squares
 
• 98F Assisting particular voters to vote at polling place
 
• 98G Person with physical impairment voting at place near polling place
 
• 98H Spoilt ballot papers
 
• 98I Rules for ballot boxes and rolls at close of poll
Subdivision 5 -- Voting at mobile voting places  
• 99 Persons who may be at mobile voting places
 
• 99A When electors can vote at mobile voting places
 
• 99B Voting at mobile voting places to be generally conducted consistently with voting at polling places
Subdivision 6 -- Postal voting  
• 100 Terms used
 
• 100A Fixing day for commencement of postal application period
 
• 100B Postal vote applications
 
• 100C Dealing with postal vote applications
 
• 100D Sending postal ballot papers
 
• 100E Replacing postal ballot papers
 
• 100F Informing political parties and candidates of postal voters
 
• 100G Method of postal voting
 
• 100H Return of postal ballot paper unopened by elector
 
• 100I Assisting elector to vote by postal voting
 
• 100J Offence to sign declaration as another person
 
• 100K Postal voting in particular places
 
• 100L Electoral Commissioner must store postal ballot papers until scrutinised
 
• 100M Preliminary scrutiny of declarations relating to postal ballot papers
 
• 100N Decisions in relation to postal ballot papers subject to review by Court of Disputed Returns
 
• 100O Dealing with postal ballot papers
 
• 100P Offences in relation to postal vote applications and applications to be general postal voter
 
• 100Q Offences about influencing persons in relation to postal voting
 
• 100R Offence about false statements in relation to postal voting
 
• 100S Offences about marking postal ballot papers
 
• 100T Offences about custody of documents
 
• 100U Regulations about postal voting
 
• 100V Electors enrolled under s. 47 who vote by postal voting taken to have made declaration
Subdivision 7 -- Technology assisted voting  
• 101 Terms used
 
• 101A Electoral Commissioner may approve procedures for technology assisted voting
 
• 101B Record of vote
 
• 101C Independent auditing of technology assisted voting
 
• 101D Scrutineers
 
• 101E Counting of technology assisted votes
 
• 101F Secrecy relating to technology assisted voting
 
• 101G False or misleading statements in relation to technology assisted voting
 
• 101H Protection of computer hardware and software
 
• 101I Regulations relating to technology assisted voting
 
• 101J How this Act applies in relation to technology assisted voting
 
• 101K Electoral Commissioner may determine that technology assisted voting is not to be used
 
• 101L Eligible electors enrolled under s. 47 who vote by means of technology assisted voting taken to have made declaration
Subdivision 8 -- Visiting electors who need assistance  
• 102 Application of Subdivision
 
• 102A Issuing officer not to visit elector to take vote unless under Subdivision
 
• 102B Visiting electors to take vote
 
• 102C Giving electors ballot papers
 
• 102D Method of marking ballot paper
 
• 102E Dealing with envelope received under s. 102D
  102F. Offence to sign declaration as another person Subdivision 9 -- Adjourning and postponing voting  
• 103 Adjourning and postponing polling
 
• 103A Voting after postponed or adjourned polling

Division 4 -- Counting of votes (general)  

• 134 Rules for conducting count of votes
 
• 135 Adjournment of count etc. to be announced
 
• 136 Ballot papers to be sealed in boxes before adjournment

Division 4A -- Scrutiny and count (Assembly elections)  

• 136A Application of Division
 
• 137 Appointment of scrutineers
 
• 138 Scrutineers, submissions by etc.
 
• 139 Informal ballot papers defined
 
• 140 Elector’s intention to be given effect
 
• 140A Some ballot papers with non-consecutive preferences can be formal
 
• 141 Counting places
 
• 142 Procedure for count of votes by assistant returning officers
 
• 142A Counting postal, absent and provisional votes
 
• 143 Returning officer to ascertain number of votes for each candidate
 
• 144 Procedure for counting votes
 
• 145 Equal votes, procedure in case of etc.
 
• 146 When re-count may be conducted

Division 4B -- Scrutiny and count (Council elections)  

• 146A Application and construction of Division
 
• 146B Rules about officers and counting places
 
• 146C Appointment of scrutineers
 
• 146D Scrutineers, submissions by etc.
 
• 146E Informal ballot papers
 
• 146EA Formal votes for individual candidates
 
• 146EB Formal votes for groups
 
• 146EC Treatment of ballot papers of electors who have voted above the line
 
• 146G Procedure for count of votes by assistant returning officers
 
• 146H Procedure for count of votes
 
• 146I Procedure for count of votes by returning officers
 
• 146J Re-count, when may be conducted etc.

Division 5 -- Declaration of poll and return of the writ  

• 147 Declaration of poll and certification and return of writ
 
• 148 Election not to be questioned on certain grounds
 
• 149 Informality in election, Governor’s powers as to
 
• 149A Election of unqualified or disqualified person void

Division 6 -- After the poll  

• 149B Term used: document
 
• 150 Dealing with statistical returns and rolls
 
• 151 Returning officer to provide other election material to Electoral Commissioner
 
• 152 Keeping election material
 
• 153 Disclosure or production of rolls used in election to candidates
 
• 154 Election papers, production of to Court of Disputed Returns; purposes for which they can be used restricted
 
• 155 Destruction of election papers
 
• 155AA Election papers used for referendum etc., use of and destruction of afterwards

Division 7 -- Voting to be compulsory  

• 155AB Terms used
 
• 156 Electors’ voting obligations
 
• 156AA Evidentiary certificate for s. 156 proceedings

PART IVA -- Filling vacancies in the Council  

• 156A Terms used
 
• 156B Vacancy in Council, Governor to be notified of etc.
 
• 156C Electoral Commissioner’s duties when informed of vacancy; nominations of candidates for vacancy being filled by re-count
 
• 156D Procedure at close of nominations if vacancy being filled by re-count
 
• 156E Vacancy being filled by fresh election, writ for

PART V -- Disputed returns  

• 157 Validity of election or return, how to dispute
 
• 158 Content of petition to Court of Disputed Returns
 
• 159 Return of writ, presumed date of
 
• 160 Security for costs, petitioner to give
 
• 161 No proceedings on petition unless it complies with law
 
• 162 Court’s powers on petition
 
• 163 Court’s functions in relation to status of roll and electors’ entitlement to be included on roll
 
• 164 Bribery etc. by candidate or illegal practice, voiding election in case of
 
• 165 Illegal practice, Court to report to Electoral Commissioner
 
• 166 Delays and immaterial errors not to vitiate election
 
• 167 Court’s decision is final
 
• 168 Copies of petition etc. to be sent to House affected
 
• 169 Costs
 
• 170 Security for costs, how to be dealt with
 
• 171 Other costs
 
• 172 Effect of Court’s decision
 
• 173 Rules of Court for this Part
 
• 174 Election of MLC on re-count, application of this Part to

PART 6 -- Electoral finance and disclosure of political contributions, income and expenditure

Division 1 -- Preliminary  

• 175 Terms used
 
• 175AA Electoral expenditure and when it is incurred in relation to election and capped expenditure period
 
• 175AB Gifts
 
• 175AC Recalculation of amounts under Part
 
• 175A Interpretation of this Part

Division 2 -- Agents  

• 175B Agent of political party, appointment of
 
• 175C Agents of candidates
 
• 175CA Agents of members of Council or Assembly
 
• 175D Agents of groups
 
• 175DA Agents of third-party campaigners
 
• 175E Appointing agents for political entities other than associated entities
 
• 175F Agent of political party, registration of
 
• 175G Agent of political party, appointment of has no effect if not on register
 
• 175H Agent of political party, removing from register
 
• 175I Agent of political party, evidence of appointment of
 
• 175J No agent of political party, who has Div. 3 duties in case of
 
• 175K Ending appointment of agents for political entities other than political parties and associated entities

Division 2A -- Electoral funding  

• 175LA Terms used and interpretation
 
• 175LB Higher reimbursement amount and lower reimbursement amount
 
• 175LC Registered political party opting in and out of receiving higher reimbursement amount
 
• 175LCA Non-party candidates may opt in and out of receiving higher reimbursement amount
 
• 175LCB Publishing information about who has opted in to receive higher reimbursement amount
 
• 175LCC Entitlement to election funding reimbursement amount
 
• 175LD Claim for payment, requirement for and making etc.
 
• 175LE Electoral Commissioner to determine claims
 
• 175LF Circumstances in which payment to be made
 
• 175LG Amount paid not to exceed electoral expenditure
 
• 175LH Payments to be made in respect of claims
 
• 175LI Decision as to payment, revoking and re-making
 
• 175LJ Payments to be made in respect of candidate who died
 
• 175LK Appropriation for payments under this Division

Division 2B -- State campaign accounts  

• 175LL Terms used
 
• 175LM State campaign accounts to be kept for electoral expenditure
 
• 175LN Notifying Electoral Commissioner about State campaign accounts
 
• 175LO Money in State campaign accounts
 
• 175LP Electoral expenditure to be paid out of State campaign accounts
 
• 175LQ Lodging annual returns in relation to State campaign accounts
 
• 175LR Candidates to pay amounts out of State campaign accounts after candidate terminating events
 
• 175LS Members to pay amounts out of State campaign accounts after member terminating events
 
• 175LT Groups to pay amounts out of State campaign accounts after group terminating events
 
• 175LU Political parties to pay amounts out of State campaign accounts after party terminating events
 
• 175LV Third-party campaigners to pay amounts out of State campaign accounts after campaigner terminating events

Division 3 -- Disclosure of political contributions and other income  

• 175M Relevant details of political contributions
 
• 175MA Disclosure of political contributions that are, or that are in combination, more than specified amount
 
• 175MC Publication of information in notices on Commission website
 
• 175N Political parties to lodge annual return of political contributions and other income
 
• 175NA Associated entities to lodge annual return of political contributions and other income
 
• 175O Candidates to lodge return of gifts received during disclosure period
 
• 175P Groups to lodge return of gifts received during disclosure period
 
• 175Q Third-party campaigners to lodge return of gifts received during disclosure period
 
• 175R Political contributions not to be accepted unless identity known, or believed to be known
 
• 175S Reporting of political contributions under certain provisions required even if no details are required to be included in return

Division 3A -- Prohibition on receiving foreign contributions  

• 175SAA Terms used
 
• 175SAB Particular political entities not to accept foreign contributions
 
• 175SAC Third-party campaigners not to receive foreign contributions
 
• 175SAD Recovery of foreign contribution
 
• 175SAE False affirmation or information about being foreign donor
 
• 175SAF Offence to enter scheme to receive foreign contribution not permitted under Division

Division 4 -- Disclosure of electoral expenditure  

• 175SAG Term used: expenditure disclosure period
 
• 175SA Return required for political party’s electoral expenditure
 
• 175SB Return required for candidate’s electoral expenditure
 
• 175SC Return required for group’s electoral expenditure
 
• 175SD Return required for third-party campaigner’s electoral expenditure
 
• 175SE Reporting of expenditure under certain provisions required even if no details are required to be included in return
 
• 175SF Two or more elections on one day, one return may be lodged in case of

Division 4A -- Caps on electoral expenditure in relation to elections

• 175SG Terms used
 
• 175SH When incurring electoral expenditure is permitted in relation to election
 
• 175SI Certain electoral expenditure taken to be incurred by or with authority of political party or group
Subdivision 2 -- Expenditure caps for particular elections  
• 175SJ Expenditure caps for conjoint elections
 
• 175SK Expenditure caps for Council elections not part of conjoint elections
 
• 175SL Expenditure caps for elections in districts not part of conjoint elections
Subdivision 3 -- Additional expenditure caps for political parties and third-party campaigners  
• 175SM Expenditure caps for electoral expenditure on particular district
 
• 175SN Expenditure cap in relation to candidates for Legislative Council
Subdivision 4 -- Miscellaneous  
• 175SO Recovery of electoral expenditure not permitted to be incurred under Division
 
• 175SP Offence to incur electoral expenditure not permitted under Division
 
• 175SQ Offence to enter scheme to incur electoral expenditure not permitted under Division

Division 4B -- Registration of third-party campaigners  

• 175SR Particular third-party campaigners to be registered
 
• 175SS Third-party campaigners register
 
• 175ST Application to be registered
 
• 175SU Decision and registration
 
• 175SV Updating details on third-party campaigners register
 
• 175SW Cancelling registration

Division 5 -- Miscellaneous  

• 175T Terms used
 
• 175U Offences
 
• 175V Payments due to State, recovery of
 
• 175W Investigative powers for this Part
 
• 175X Lodging incomplete disclosure documents
 
• 175Y Extension of time to lodge annual return
 
• 175Z Verifying information in disclosure documents
 
• 175ZA Non-compliance with Part does not affect election
 
• 175ZB Amending disclosure documents and claims
 
• 175ZC Public availability of documents under this Part
 
• 175ZD Unincorporated party, proceedings against
 
• 175ZE Public agencies to report on certain expenditure
 
• 175ZF Regulations for this Part
 
• 175ZG Annual report by Electoral Commissioner

PART VII -- Electoral offences  

• 179 Purpose of this Part
 
• 180 Term used: breach or neglect of official duty
 
• 181 Offence of bribery
 
• 182 Term used: bribery
 
• 183 Offence of undue influence
 
• 184 Term used: undue influence
 
• 185 Exception to what is bribery or undue influence
 
• 186 Disqualification for bribery or undue influence
 
• 187 Illegal practices defined
 
• 187A Intentionally rendering person unable to vote etc.
 
• 187B Electoral advertisement on internet, when publishing is an illegal practice
 
• 188 Offences and penalties for illegal practices
 
• 189 Gift etc. by candidate to club etc., offence in some cases
 
• 190 Electoral offences and punishments
 
• 191 False statement in electoral paper
 
• 191A Misleading or deceptive publication
 
• 191B Prohibition on distributing or publishing unregistered how-to-vote cards
 
• 191C Registered how-to-vote cards with errors not to be published or distributed
 
• 191D Presiding officer may inspect and confiscate documents in relation to how-to-vote cards
 
• 192 Prohibited acts in or near particular places to vote
 
• 192A Loud speakers etc., use of during polling hours
 
• 193 Person not to conduct petitions, polls or surveys at polling places and mobile voting places or in voting areas
 
• 194 Failure to transmit claim for enrolment
 
• 195 Electoral Commissioner may require information for particular purposes
 
• 196 Employer to allow employee leave of absence to vote
 
• 197 Removing misbehaving persons from places to vote
 
• 198 Re-entering places to vote after being removed
 
• 199 Incurring unauthorised electoral expense on behalf of a candidate
 
• 199A Interfering with political liberty
 
• 200 Illegal practice committed indirectly etc., liability for
 
• 201 Attempt to commit offence
 
• 202 Evidentiary provision
 
• 205 Summary offences and time limit for prosecutions
 
• 206 The Criminal Code Ch. XIV not to apply to parliamentary elections

PART VIII -- Miscellaneous  

• 206A Persons who lack capacity to vote
 
• 206B Revoking lack of capacity notice
 
• 207 Who may witness signatures and take declarations
 
• 208 Service of notices
 
• 209 Electoral papers sent by post, deemed service of
 
• 210 Electronic communication of electoral matter permitted
 
• 211A Certain documents may be transmitted electronically
 
• 211 Person unable to write may make mark
 
• 212 Forms, compliance requirements
 
• 213 Regulations generally
 
• 213A Regulations affecting certain candidates

PART 9 -- Transitional provisions

Division 1 -- Transitional provisions for Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021  

• 215 Terms used
 
• 216 Vacancies and representation in Legislative Council
 
• 217 Continued registration of existing parties

Division 2 -- Transitional provisions for Electoral Amendment (Finance and Other Matters) Act 2023

• 218 Terms used
 
• 219 Pre-commencement registered parties opting in to receive higher reimbursement amount
 
• 220 Elected non-party members opting in to receive higher reimbursement amount for next election after amount change day
 
• 221 Independent candidates may opt in to receive higher reimbursement amount for next post-change election
 
• 222 Independent candidates may opt in to receive higher reimbursement amount for that election held after amount change day
 
• 223 Publishing information about who has opted in to receive higher reimbursement amount
Subdivision 2 -- Transitional provisions commencing on 1 July 2024  
• 224 Terms used
 
• 225 Former provisions apply if election occurring at commencement
 
• 226 Persons on rolls before commencement taken to be enrolled on register of electors on commencement day
 
• 227 Claims for enrolment before commencement
 
• 228 Enrolment before commencement day taken to be entry of name on register of electors
 
• 229 Pre-commencement arrangements made under former s. 31, 31A and 31B continue
 
• 230 Silent electors
 
• 231 Registration of general early voters continues as general postal voters
 
• 232 Approved procedures for technology assisted voting
 
• 233 State campaign accounts
 
• 234 Transitional regulations

Division 3 -- Transitional provisions for Electoral Amendment (Names of Registered Political Parties) Act 2024

• 235 Terms used
 
• 236 Application of s. 62J(6) to (6C)
Subdivision 2 -- Name of political party that applied for registration before commencement day  
• 237 Dealing with ongoing application if name or abbreviation contains relevant word
 
• 238 Process if applicant requests variation of ongoing application to change name or abbreviation
 
• 239 Refusal of registration
 
• 240 Review
Subdivision 3 -- Name of political party registered before commencement day  
• 241 Earlier registered word and earliest registered party
 
• 242 Party registered before commencement day with earlier registered word in name or abbreviation
 
• 243 Process for application to change registered name or registered abbreviation under s. 242(3)(b)
  244. Cancellation of registration  
• 245 Review
Subdivision 4 -- Miscellaneous  
• 246 Application of offence under s. 62Q(1)
  247. Electronic transmission of documents  
• 248 Electoral Commissioner to act expeditiously and complete required processes by 17 January 2025
 
• 249 Division does not affect operation of s. 62H(3) or 62L(6)
• SCHEDULE 1
• SCHEDULE 2