ELECTORAL ACT 2004

NORTHERN TERRITORY OF AUSTRALIA ELECTORAL ACT 2004 As in force at 10 February 2026 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 Part 2 Interpretation and application 3 Definitions ........................................................................................ 1 3A Meaning of gift ................................................................................. 9 4 Election and general election......................................................... 10 5 Public notice .................................................................................. 10 6 Available for public inspection ....................................................... 11 7 Electoral matter ............................................................................. 11 8 Closed roll...................................................................................... 11 8A Application of Criminal Code ......................................................... 12 Part 3 Constitution of Legislative Assembly 9 Number of MLAs............................................................................ 12 Part 4 Electoral rolls and enrolment Division 1 Electoral rolls 10 Commission to keep rolls............................................................... 12 11 Contents of roll .............................................................................. 12 12 Roll extracts to be available for public inspection .......................... 13 13 Supply of roll extract to MLA and registered party ......................... 13 14 Use of roll extracts ......................................................................... 14 15 Providing roll information to certain entities for medical research and health screening programs ...................................... 15 16 Providing roll information to Sheriff ................................................ 16 16A Roll information not for sale ........................................................... 16 17 Maintenance of rolls ...................................................................... 16 18 Power to require information.......................................................... 17 19 Disclosure of roll information ......................................................... 17 20 Arrangement with Commonwealth for keeping rolls ...................... 18 Division 2 Enrolment 21 Entitlement..................................................................................... 18 -- 1 of 206 -- Electoral Act 2004 ii 22 Claim for, or transfer of, enrolment ................................................ 19 Part 5 Timing and arrangements for elections Division 1 Timing of elections 23 Determining date for holding general election other than extraordinary general election ....................................................... 19 24 Extraordinary general election – motion of no confidence ............. 20 25 Extraordinary general election – non-passing of appropriation Bill .................................................................................................. 20 26 Criteria for deciding whether to issue writs .................................... 21 26A Determining alternative date if Commonwealth election ................ 21 Division 2 Writs for elections 27 Form of writ.................................................................................... 21 28 Limitation of dates ......................................................................... 21 29 Endorsement of writ ....................................................................... 22 Division 3 Nominations 30 Eligibility......................................................................................... 22 31 Nomination of candidate ................................................................ 22 32 Nomination form ............................................................................ 23 33 Nomination in one division only ..................................................... 24 34 Time for lodging nomination .......................................................... 24 35 Withdrawal of consent to nomination etc. ...................................... 24 36 Rejection of nomination ................................................................. 24 37 Declaration of candidates .............................................................. 25 38 Need for vote ................................................................................. 25 39 Nomination deposit to be returned or forfeited............................... 26 Division 4 Ballot papers 40 Requirements for ballot papers...................................................... 26 41 Determination of order of candidates names ................................. 27 Division 5 Miscellaneous provisions 42 Early voting centres, voting centres and scrutiny centres .............. 27 43 Limit on appointment of licensed premises as voting centre ......... 28 44 Certified lists of voters ................................................................... 28 45 Administrative arrangements ......................................................... 28 46 Scrutineers – appointment ............................................................. 28 47 Scrutineers – presence at voting centre and scrutiny centre ......... 29 -- 2 of 206 -- Electoral Act 2004 iii Part 6 Voting Division 1 Entitlement to vote and other preliminary matters 48 Entitlement to vote ......................................................................... 29 49 Procedure for voting ...................................................................... 30 50 Method of voting ............................................................................ 30 51 Voter's question ............................................................................. 30 51A How-to-vote cards ......................................................................... 30 Division 2 Ordinary voting at voting centre on election day 52 Issue of ballot paper ...................................................................... 31 53 Voting in private ............................................................................. 31 Division 3 Absent and declaration voting on election day at voting centres Subdivision 1 Voting by certain persons absent from division 54 Issue of ballot paper ...................................................................... 32 55 Casting vote................................................................................... 32 Subdivision 2 Declaration voting 56 Issue of declaration ballot paper .................................................... 33 57 Casting declaration vote ................................................................ 34 Division 4 Postal voting Subdivision 1 Registered postal voters 58 Register of postal voters ................................................................ 35 59 Registered postal voters taken to have applied for postal voting papers ................................................................................. 35 Subdivision 2 Applications for, and issue of, postal voting papers 60 Who may apply for postal voting papers........................................ 36 61 Application for postal voting papers ............................................... 36 62 Issue of postal voting papers ......................................................... 36 63 Authorised officer to record applications ........................................ 37 64 Applications to be available for public inspection........................... 37 -- 3 of 206 -- Electoral Act 2004 iv Subdivision 3 Casting postal vote 65 Procedure for postal voting ............................................................ 38 66 When postal vote may be cast....................................................... 38 67 Casting postal vote ........................................................................ 38 Division 5 Early voting Subdivision 1 Preliminary 68 Application of Division ................................................................... 38 69 Arrangements for voting ................................................................ 39 70 Public notice of arrangements ....................................................... 39 Subdivision 2 Voting by electors 71 Issue of ballot paper ...................................................................... 39 72 Casting vote................................................................................... 40 Subdivision 3 Declaration voting 73 Issue of declaration ballot paper .................................................... 40 74 Casting declaration vote ................................................................ 41 Subdivision 4 Dealing with ballot boxes 75 Ballot boxes at early voting centres in Territory ............................. 42 76 Ballot boxes at early voting centres outside Territory .................... 42 Division 6 Mobile polling 77 Application of Division ................................................................... 43 78 Mobile voting centres ..................................................................... 43 82 Obligations of authorised officer .................................................... 44 83 Application of Act for voting at mobile voting centre ...................... 44 84 Failure to visit mobile voting centre ............................................... 44 85 Dealing with ballot boxes ............................................................... 45 Division 6A Approved electronic and other automated systems for voting 85A Commissioner's power to approve electronic or other automated system ......................................................................... 45 Division 7 Miscellaneous provisions 86 Arrangements at voting centres ..................................................... 46 87 Assistance to certain voters ........................................................... 47 88 Assistance to voters unable to enter voting centre ........................ 48 89 Spoilt or discarded ballot paper ..................................................... 49 -- 4 of 206 -- Electoral Act 2004 v 90 Dealing with ballot boxes and electoral papers.............................. 49 91 Adjournment of voting .................................................................... 50 92 Employee wishing to vote .............................................................. 50 Part 7 The Scrutiny Division 1 Preliminary 93 How scrutiny carried out ................................................................ 51 Division 2 Formality of ballot papers and related matters 94 Informal ballot paper ...................................................................... 51 95 Certain ballot papers not counted .................................................. 53 96 Certain postal ballot papers not counted ....................................... 53 97 Dealing with certain votes for absent voters .................................. 53 Division 3 Ordinary votes 98 Initial dealing with ballot papers ..................................................... 54 99 Check count of ordinary votes ....................................................... 55 Division 4 Certain votes cast on election day and declaration votes cast by unenrolled voters at early voting centres Subdivision 1 Preliminary 100 Application of Division ................................................................... 56 101 Initial dealing with certain voting papers ........................................ 56 Subdivision 2 Votes cast by certain persons absent from division 102 Application of Subdivision .............................................................. 56 103 Examination of ballot papers ......................................................... 57 Subdivision 3 Declaration votes cast by unenrolled voters 104 Application of Subdivision .............................................................. 57 105 Examination of declaration ballot papers ....................................... 57 Subdivision 4 Declaration votes cast by voters marked on roll as already voted 106 Application of Subdivision .............................................................. 58 107 Examination of declaration ballot papers ....................................... 59 -- 5 of 206 -- Electoral Act 2004 vi Subdivision 5 Counting declaration and absent votes 108 Initial count of votes ....................................................................... 59 109 Check count of votes ..................................................................... 60 Division 5 Postal votes Subdivision 1 Dealing with postal voting papers before the end of election day 110 Receipt of postal voting papers ..................................................... 61 111 Checking postal voting papers....................................................... 61 Subdivision 2 Scrutiny of postal voting papers 112 Initial dealing with postal voting papers after close of voting ......... 62 113 Initial count of postal votes ............................................................ 62 114 Check count of postal votes........................................................... 63 Division 6 Votes cast at early voting centres Subdivision 1 Preliminary 115 Application of Division ................................................................... 64 116 Initial dealing with ballot boxes ...................................................... 64 Subdivision 2 Votes cast for enrolled divisions at early voting centres 117 Application of Subdivision .............................................................. 65 118 Initial count of votes ....................................................................... 65 Subdivision 3 Votes cast for divisions in other regions at early voting centres 119 Application of Subdivision .............................................................. 66 120 Examination of ballot papers ......................................................... 66 121 Initial count of votes ....................................................................... 66 Subdivision 4 Check count of certain votes cast at early voting centres 122 Check count of votes ..................................................................... 67 Division 7 Determining and declaring result of election 123 Interim distribution of preference votes.......................................... 68 124 Part counting of votes .................................................................... 68 125 Objections by candidate's scrutineer ............................................. 68 -- 6 of 206 -- Electoral Act 2004 vii 126 Determination of first preference votes .......................................... 68 127 Declaration of election ................................................................... 69 128 Further scrutiny to be conducted ................................................... 69 129 Early declaration of elected candidate ........................................... 70 130 Recount ......................................................................................... 70 131 Declaration of result of election ..................................................... 71 132 Preference distribution for information purposes ........................... 71 Division 8 Miscellaneous provisions 133 Return of writ ................................................................................. 71 134 Extension of time ........................................................................... 71 135 Failure of election .......................................................................... 72 136 Issue of writ for failed election ....................................................... 72 Part 8 Redistributions Division 1 Preliminary 137 How notices are to be published.................................................... 72 138 When redistribution to be conducted ............................................. 72 Division 2 Object of redistribution and related matters 139 Object of redistribution ................................................................... 73 139A Principles of redistribution.............................................................. 73 139B Naming of division during redistribution ......................................... 74 140 Matters to be considered in redistribution ...................................... 74 Division 3 Redistribution process 140A Definitions ...................................................................................... 75 140B Calculation of quota ....................................................................... 75 141 Inviting suggestions ....................................................................... 75 142 Inviting comments on suggestions................................................. 75 143 Preparing first proposed redistribution ........................................... 76 144 Maps showing first proposed redistribution.................................... 76 145 Inviting objections against first proposed redistribution ................. 76 145A Preparing second proposed redistribution ..................................... 76 145B Inviting objections to second proposed redistribution .................... 76 146 Considering objections .................................................................. 78 147 Deciding redistribution ................................................................... 78 148 Report about redistribution ............................................................ 78 150 When redistribution takes effect .................................................... 79 150A Extraordinary general election during redistribution process ......... 79 Division 4 Miscellaneous provisions 151 Decisions are final ......................................................................... 79 -- 7 of 206 -- Electoral Act 2004 viii Part 9 Registration of political parties Division 1 Application process for registration and related matters 152 Application ..................................................................................... 80 153 Further information about application ............................................ 81 154 Notification and publication of application ...................................... 81 155 Objections to application and responses ....................................... 82 156 Decision on application .................................................................. 82 157 Grant of application ....................................................................... 83 158 Refusal of application .................................................................... 83 159 Amendment of application ............................................................. 84 Division 2 Cancellation of registration 160 Cancellation on application ............................................................ 85 161 When Commission must cancel registration .................................. 85 162 Notice of proposal to cancel registration ........................................ 85 163 Notice of decision not to cancel registration .................................. 86 164 Cancellation of registration ............................................................ 86 165 Notice of cancellation .................................................................... 86 166 Use of name after cancellation ...................................................... 87 Division 3 Register of political parties 167 Commission to keep register ......................................................... 87 168 Register to be available for public inspection................................. 87 169 Changes to particulars in register .................................................. 87 Division 4 Miscellaneous provisions 170 Who can be registered officer ........................................................ 88 171 Constitution to be available for public inspection ........................... 88 171A Annual return for registered political party ..................................... 88 172 Notification of change to constitution ............................................. 89 173 Review of registration of political parties ....................................... 89 174 Information about political parties .................................................. 89 175 No action under Part during election period .................................. 89 Part 9A Registration of associated entities and third party campaigners Division 1 Application process for registration and related matters 175A Application ..................................................................................... 89 175B Deadline for lodging application..................................................... 90 175C Further information about application ............................................ 90 -- 8 of 206 -- Electoral Act 2004 ix 175D Decision on application .................................................................. 90 175E Grant of application ....................................................................... 90 175F Refusal of application .................................................................... 90 175G Amendment of application ............................................................. 91 Division 2 Cancellation of registration 175H Cancellation on application ............................................................ 91 175J Cancellation for non-compliance ................................................... 91 175K Cancellation of registration ............................................................ 92 Division 3 Registers 175L Commission to keep register of associated entities ....................... 92 175M Commission to keep register of third party campaigners ............... 92 175N Register to be available for public inspection................................. 92 175P Changes to particulars in registers ................................................ 92 175Q Process for variation ...................................................................... 93 175R Offences ........................................................................................ 93 Part 10 Donations and expenditure Division 1 Preliminary matters 175S Purposes ....................................................................................... 94 176 Definitions ...................................................................................... 94 176A Meaning of electoral expenditure................................................... 96 177 References to registered party ...................................................... 97 178 References to things done by registered party .............................. 97 179 Gifts – determination of amounts ................................................... 97 180 Related bodies corporate............................................................... 97 181 Advertisements containing electoral matter ................................... 97 183 Campaign committee to be treated as part of party ....................... 97 Division 2 Reporting agents 184 Appointment of reporting agent ..................................................... 98 185 Non-appointed agents ................................................................... 99 186 Register of reporting agents .......................................................... 99 187 Effect of registration etc. ................................................................ 99 188 Notice of death or resignation of candidate's reporting agent ...... 100 Division 3 Disclosure of donations 189 Definition...................................................................................... 101 190 Loans to registered party or candidate ........................................ 101 191 Disclosure of gifts – general election other than extraordinary general election ........................................................................... 103 192 Disclosure of gifts – other elections ............................................. 103 -- 9 of 206 -- Electoral Act 2004 x 192A Period covered by return extended if first return .......................... 104 192B Additional disclosure requirement for nominees who were not previously candidates .................................................................. 104 192C Additional disclosure requirement for associated entities and third party campaigner on registration ......................................... 104 192D Content of return.......................................................................... 104 192E Gift aggregation periods .............................................................. 105 193 Donations to candidates .............................................................. 106 194 Donations to registered parties .................................................... 106 196 Advice about obligations to make returns – registered parties .... 107 196A Advice about obligations to make returns – candidates............... 108 197 Anonymous gifts .......................................................................... 108 198 Nil returns .................................................................................... 109 Division 4 Electoral expenditure Subdivision 1 Preliminary matters 199 Meaning of participant ................................................................. 110 Subdivision 2 Disclosure 200 Returns of electoral expenditure .................................................. 110 201 Nil returns .................................................................................... 111 203 Two or more elections on same day ............................................ 111 Subdivision 3 Cap on electoral expenditure 203A Capped expenditure period ......................................................... 112 203B Applicable caps on electoral expenditure .................................... 112 203C Offence to contravene expenditure cap ....................................... 112 203D Offence to circumvent expenditure cap ....................................... 113 Division 5 Annual returns 204 Definition...................................................................................... 114 204A Certain returns not to include donations previously reported ....... 114 205 Annual returns by registered parties ............................................ 114 205A Annual return by registered parties – gifts ................................... 115 206 Periods of less than financial year ............................................... 115 207 Annual returns by candidates – gifts............................................ 116 208 Annual returns by associated entities .......................................... 116 209 Annual returns by associated entities – gifts................................ 117 210 Amounts received ........................................................................ 118 211 Outstanding amounts .................................................................. 118 212 Returns not to include lists of party membership ......................... 118 213 Regulations.................................................................................. 118 -- 10 of 206 -- Electoral Act 2004 xi Division 5A Territory campaign accounts 213A Requirement to keep Territory campaign account ....................... 119 213B Gifts to be paid into Territory campaign account ......................... 119 213C Payments into Territory campaign account.................................. 119 213D Territory campaign account to be used for electoral expenditure .................................................................................. 120 213E Offence ........................................................................................ 120 Division 6 Compliance 214 Definitions .................................................................................... 120 215 Offences ...................................................................................... 120 216 Investigation notices generally..................................................... 122 217 Investigation notices about associated entities ............................ 124 218 Investigation notice offences ....................................................... 125 219 Investigation – search warrants ................................................... 125 220 Records ....................................................................................... 127 Division 7 Miscellaneous provisions 221 Inability to complete returns ......................................................... 128 222 Non-compliance with Part ............................................................ 129 223 Amendment of returns ................................................................. 129 224 Commission to publish returns .................................................... 130 Part 11 Appeals Division 1 Preliminary 225 Appealable decisions and affected persons ................................ 131 226 Information notices ...................................................................... 131 227 Appeal details .............................................................................. 131 Division 2 Appeals to Supreme Court 228 Appeals against appealable decisions......................................... 131 229 How to start appeal...................................................................... 131 230 Operation and implementation of appealable decision ................ 132 231 Decision on appeal ...................................................................... 132 Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 1 Court of Disputed Returns 232 Establishment .............................................................................. 133 233 Constitution.................................................................................. 133 -- 11 of 206 -- Electoral Act 2004 xii 234 Jurisdiction................................................................................... 133 235 Record of proceedings ................................................................ 133 Division 2 Disputed elections 236 Validity of election may be disputed after election ....................... 133 237 Who may dispute election............................................................ 134 238 Making application ....................................................................... 134 239 Lodgment of security for costs ..................................................... 134 240 Notice of application .................................................................... 135 241 Parties to proceeding ................................................................... 135 242 Reply to application ..................................................................... 135 243 Inquiries by Court ........................................................................ 135 244 Certain evidence not admissible .................................................. 136 245 Court may have regard to certain rejected ballot papers ............. 136 246 Decision on application ................................................................ 136 247 Costs ........................................................................................... 137 248 Application of security for costs ................................................... 138 249 Reporting of offences .................................................................. 138 250 Copy of decision and declaration to be given to Clerk of Legislative Assembly ................................................................... 138 251 Issue of writ if necessary ............................................................. 138 Division 3 References by Legislative Assembly 252 Question relating to qualification or vacancy ............................... 138 253 Parties to proceeding ................................................................... 139 254 Decision on reference .................................................................. 139 255 Copy of decision and declaration to be given to Speaker ............ 139 Division 4 Hearings of applications and references 256 Application of Division ................................................................. 139 257 Hearing procedures ..................................................................... 139 258 General powers of Court ............................................................. 140 259 Hearing open to public ................................................................. 140 260 Representation at hearing ........................................................... 140 261 Contempt ..................................................................................... 141 262 Decision final ............................................................................... 141 Division 5 Miscellaneous provisions 263 Rules of Court.............................................................................. 141 -- 12 of 206 -- Electoral Act 2004 xiii Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 1 Protection of election rights and duties 264 Interfering with election right or duty ............................................ 142 265 Making false statements about entitlement to vote ...................... 142 266 Improperly influencing voters ....................................................... 142 267 Secrecy of vote ............................................................................ 143 Subdivision 2 Campaigning offences 268 Definitions .................................................................................... 143 268A Meaning of campaign material..................................................... 144 269 Application of Division ................................................................. 144 270 Offences relating to campaign material ....................................... 145 271 Offence relating to push-polling ................................................... 145 272 Heading of advertisements .......................................................... 146 273 Electoral articles to be signed or state particulars of author ........ 146 274 Exemptions for distribution of electoral articles............................ 148 276 Badges, emblems etc. in voting centres ..................................... 150 277 Exhibition of electoral matter in voting centres ............................ 150 278 Publication of statements regarding candidates .......................... 151 Subdivision 3 Offences relating to compulsory voting and entitlement to vote 279 Compulsory vote.......................................................................... 151 280 Person may vote only once ......................................................... 152 Subdivision 4 Voting fraud offences 281 Offences relating to supplying and obtaining ballot papers ......... 152 282 Offences relating to marking ballot papers .................................. 152 283 Other offences relating to ballot papers and ballot boxes ............ 153 284 Forgery ........................................................................................ 153 Subdivision 5 Other offences relating to electoral papers 285 Offences relating to postal ballot papers ..................................... 154 286 Opening envelopes containing declaration votes ........................ 154 287 False or misleading statements ................................................... 155 288 Defacement etc. of electoral papers ............................................ 155 289 Signatures ................................................................................... 155 290 Duty of witnesses ........................................................................ 156 291 Sending completed electoral papers ........................................... 156 -- 13 of 206 -- Electoral Act 2004 xiv Subdivision 6 Official functions 292 Improper influence of officials ...................................................... 156 293 Identification of voters and votes ................................................. 157 294 Responses to official questions ................................................... 157 295 Control of behaviour at voting centres and scrutiny centres ........ 157 Division 2 Legal proceedings 296 Evidentiary provisions .................................................................. 158 297 Time limit for starting prosecutions .............................................. 159 298 Conduct of representatives .......................................................... 160 Part 13A Infringement notices for infringement offences 300 When infringement notice may be served ................................... 160 301 Particulars to be included in infringement notice ......................... 161 302 Expiation of offence ..................................................................... 161 303 Payment by cheque ..................................................................... 162 304 Withdrawal of infringement notice................................................ 162 305 How service effected ................................................................... 162 306 Application of Part ....................................................................... 162 Part 14 Electoral Commission Division 1 Establishment, functions and powers 307 Establishment .............................................................................. 163 308 Composition................................................................................. 163 309 Functions ..................................................................................... 163 310 Powers......................................................................................... 164 311 Delegation ................................................................................... 164 Division 2 Miscellaneous provisions 312 Status .......................................................................................... 164 313 Reports by commission ............................................................... 164 Part 15 Electoral Commissioner and staff of Commission Division 1 Electoral Commissioner Subdivision 1 Establishment of office, functions and powers 314 Appointment of Electoral Commissioner ...................................... 165 314A Eligibility for appointment ............................................................. 165 315 Chief Executive Officer ................................................................ 166 -- 14 of 206 -- Electoral Act 2004 xv 316 Functions ..................................................................................... 166 317 Powers......................................................................................... 166 318 Approved forms ........................................................................... 166 319 Delegation ................................................................................... 167 Subdivision 2 Appointment provisions 320 Term of appointment ................................................................... 167 321 Conditions of appointment ........................................................... 167 322 Vacancy in office ......................................................................... 167 323 Resignation.................................................................................. 168 324 Suspension and termination of appointment................................ 168 325 Leave of absence ........................................................................ 169 326 Acting Commissioner ................................................................... 169 327 Oath before taking office ............................................................. 170 Division 2 Staff of Commission 328 Staff and consultants ................................................................... 170 329 Sharing staff and physical resources ........................................... 170 330 Officers ........................................................................................ 171 Part 16 Redistribution Committee Division 1 Redistribution Committee 331 Establishment .............................................................................. 171 332 Composition................................................................................. 171 333 Chairperson ................................................................................. 171 336 Appointment of appointed member.............................................. 171 337 Term of appointed member's appointment .................................. 173 338 Conditions of appointment ........................................................... 173 340 Dissolution ................................................................................... 173 Division 3 Functions, powers and procedures of Redistribution Committee 341 Functions ..................................................................................... 173 342 Powers......................................................................................... 173 343 Procedures .................................................................................. 173 Part 17 Miscellaneous provisions 344 Register of electors precluded from voting because of religious beliefs .......................................................................................... 174 345 Storage and destruction of electoral papers ................................ 174 346 Protection from liability ................................................................ 174 347 Regulations.................................................................................. 174 -- 15 of 206 -- Electoral Act 2004 xvi Part 18 Repeal and transitional provisions 348 Definitions .................................................................................... 175 349 Repeal ......................................................................................... 175 350 Divisions ...................................................................................... 175 351 MLAs ........................................................................................... 176 352 Rolls ............................................................................................ 176 353 Arrangement with Commonwealth............................................... 176 354 Register of electors not voting because of religious beliefs ......... 176 355 Pending election .......................................................................... 176 356 Pending legal proceedings .......................................................... 177 357 Chief Electoral Officer .................................................................. 177 358 Election Tribunal Trust Account ................................................... 177 359 References to repealed Act ......................................................... 178 Part 19 Transitional matters for Electoral Legislation Amendment Act 2016 360 Transitional matter ....................................................................... 178 Part 20 Transitional matters for Electoral Amendment Act 2018 361 Appointed member and Chairperson of Redistribution Committee ................................................................................... 178 Part 21 Transitional matters for Integrity and Accountability Legislation Amendment Act 2019 362 Effect on Commissioner in office ................................................. 178 Part 22 Transitional matters for Electoral Legislation Further Amendment Act 2019 363 Disclosure of gifts – reporting agent of a candidate, persons incurring political expenditure and donations to candidates ........ 179 364 Disapplication of monetary units indexation scheme for 2020 election ........................................................................................ 179 Schedule 1 Form of writ Schedule 2 Appealable decisions and affected persons ENDNOTES -- 16 of 206 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 10 February 2026 ____________________ ELECTORAL ACT 2004 An Act to provide for elections of members of the Legislative Assembly and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Electoral Act 2004. 2 Commencement The provisions of this Act come into operation on the date, or respective dates, fixed by the Administrator by notice in the Gazette. Part 2 Interpretation and application 3 Definitions In this Act: Acting Commissioner, see section 326. affected person has the meaning in section 225. alternate prohibition zone, see section 268. amount, for Part 10, has the meaning in section 176. appealable decision has the meaning in section 225. appeal details has the meaning in section 227. appointed member has the meaning in section 336(1). approved form means a form approved under section 318. associated entity, for Part 10, has the meaning in section 176. -- 17 of 206 -- Part 2 Interpretation and application Electoral Act 2004 2 Australian parliament means: (a) the Legislative Assembly; or (b) the Parliament of the Commonwealth or a State; or (c) the parliament or legislature of another Territory. authorised officer means an officer authorised by the Commission for the provision in which the expression occurs. available for public inspection has the meaning in section 6. ballot paper includes a declaration ballot paper. campaigning activity, see section 268. candidate, for Part 10, see section 176. candidate square has the meaning in section 40(2)(c). capped expenditure period, see section 203A. certified list of voters, for an election, means a list of electors prepared and certified under section 44 for the election. closed, for a roll, means closed in accordance with section 8. commencement date, for Part 18, has the meaning in section 348. Commission means the Northern Territory Electoral Commission established by section 307. Commissioner means the person holding office as the Electoral Commissioner under an appointment under section 314. Commission's office means the Commission's office in Darwin. Commonwealth Act means the Commonwealth Electoral Act 1918 (Cth). campaign material, see section 268A. corporation, for Part 10, has the meaning in section 176. Court of Disputed Returns means the Court of Disputed Returns established by section 232. credit card, for Part 10, has the meaning in section 176. -- 18 of 206 -- Part 2 Interpretation and application Electoral Act 2004 3 declaration ballot paper means a ballot paper on which a declaration vote is cast. declaration envelope means any envelope into which a ballot paper is required to be placed under Part 6. declaration vote means a vote cast under Part 6, which is required by a provision of that Part to be accompanied by a declaration. declaration voting papers means: (a) a declaration ballot paper issued under section 54(1), 56(1), 56(2), 71(2) or 73(2); and (b) a declaration envelope; and (c) for a declaration ballot paper issued under section 56(1), 56(2) or 73(2) – a declaration under section 56(1)(c), 56(2)(c) or 73(1)(e). defined details, for Part 10, Division 3, has the meaning in section 189. defined particulars, for Part 10, Division 5, has the meaning in section 204. designated campaign area, see section 268. disposition of property, for Part 10, has the meaning in section 176. distribute, for Part 13, Division 1, Subdivision 2, has the meaning in section 268. division means an electoral division for the election for an MLA. early voting centre means a place appointed under section 42(1)(a) for early voting under Part 6, Division 5. election has the meaning in section 4(1). election day means the date fixed by a writ as election day for an election or general election, and includes a day to which voting is adjourned under section 91. election day voting centre means a voting centre appointed under section 42(1)(b) where votes are taken by an authorised officer during voting hours on election day. -- 19 of 206 -- Part 2 Interpretation and application Electoral Act 2004 4 election period, for an election, means the period: (a) starting on the date the writ for the election is issued; and (b) ending on the date the writ is returned. elector means a person whose name is on a roll. electoral advertisement means an advertisement containing electoral matter, whether or not consideration was given for its publication. electoral expenditure, for Part 10, see section 176A. electoral matter has the meaning in section 7. electoral paper means a document provided for or required under this Act. eligible person, see section 314A(1). eligible political party means a political party that: (a) is registered under the Commonwealth Act; or (b) is established on the basis of a written constitution (however described) that states the party's aims and has at least 200 members who are: (i) electors; and (ii) members under the party's constitution; and (iii) not members of a registered party or another political party applying for registration. enrolled, for a person, means the person's name is on a roll. enrolled division, for an elector, means the division for which the person is enrolled. entity, for Part 10, has the meaning in section 176. envelope includes a declaration envelope. executive officer, of a body corporate, means a person who is concerned with, or takes part in, the management of the body corporate, (whether or not the person is a director or the person's position is given the name of executive officer), and includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or a State or Territory. -- 20 of 206 -- Part 2 Interpretation and application Electoral Act 2004 5 external Territory, of Australia, has the meaning in the Acts Interpretation Act 1901 (Cth). extract means an extract from a roll prepared under section 12. extraordinary general election, see section 23(4). fails, for an election, has the meaning in section 135. false or misleading includes false or misleading because of the omission of a statement. financial controller, for Part 10, has the meaning in section 176. formal, for a ballot paper, means the ballot paper is not informal, spoilt or been discarded. former division, for Part 18, has the meaning in section 350. general election has the meaning in section 4(3). gift, for Part 10, see section 3A. how-to-vote card, see section 51A(1). informal, for a ballot paper, has the meaning in section 94. information notice has the meaning in section 226. infringement notice has the meaning in section 300. infringement offence means an offence against: (a) section 175P(2) or (3); or (ab) section 215(1), (2) or (2A); or (ac) section 279(1); or (b) another provision of this Act prescribed by the Regulations. investigation notice, for Part 10, Division 6, has the meaning in section 214. journal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge. loan, for Part 10, has the meaning in section 176. MLA means a member of the Legislative Assembly. -- 21 of 206 -- Part 2 Interpretation and application Electoral Act 2004 6 mobile voting centre means: (a) a mobile voting centre declared under section 78(1); and (b) a voting centre substituted for a mobile voting centre under section 81(1). mobile voting period, for an election, means the period starting on the day that is 11 days after the date of the issue of the writ for the election and ending at 6 pm on election day. new division, for Part 18, has the meaning in section 350. newspaper, for Part 13, Division 1, Subdivision 2, has the meaning in section 268. nomination means a nomination as a candidate for an election made under Part 5, Division 3. nomination day means the date fixed by the writ for an election or general election as the date for the nomination of candidates. nomination deposit has the meaning in section 32(1)(g). nominee means a person nominated under Part 5, Division 3 as a candidate for an election. officer means an officer appointed under section 330. ordinary vote means a vote, whether cast before or on election day, other than a declaration vote. participant, for Part 10, Division 4, has the meaning in section 199. party candidate means: (a) a candidate at an election nominated by the registered officer of a registered party; or (b) in relation to a registered party – a candidate nominated by the registered officer of the party. party's name, for a registered party, means the name under which the party is registered. political expenditure means expenditure incurred in promoting or opposing a candidate (within the meaning of Part 10) or a registered party. -- 22 of 206 -- Part 2 Interpretation and application Electoral Act 2004 7 political party means an organisation (whether incorporated or unincorporated) an object or activity of which is the promotion of the election to the Legislative Assembly of a candidate or candidates endorsed by it. Postal Ballot Box means the ballot box mentioned in section 111(3). postal ballot paper means a declaration ballot paper issued under section 62. postal vote means a declaration vote for which postal voting papers are issued under section 62. postal vote certificate means the certificate issued under section 62(1)(a). postal voting papers means a postal vote certificate and postal ballot paper. prescribed amount, for an infringement offence, means the amount prescribed by the Regulations for the offence. property, for Part 10, has the meaning in section 176. public notice has the meaning in section 5. publish includes publish or broadcast by radio, television, Internet, telephone or other means. reasonably believes means believes on grounds that are reasonable in the circumstances. redistribution means a redistribution of the Territory into divisions under Part 8. Redistribution Committee means the Redistribution Committee established by section 331. redistribution declaration notice has the meaning in section 147(1). redistribution process, for Part 8, Division 3, see section 140A. redistribution report, see section 148(1). region means a region declared under section 69. registered industrial organisation, for Part 10, has the meaning in section 176. -- 23 of 206 -- Part 2 Interpretation and application Electoral Act 2004 8 registered officer, of a registered party, means the person shown in the register of registered parties as the party's registered officer. registered party means a political party registered under Part 9. registered postal voter means a person whose name is included in the register of postal voters. register of postal voters means register of postal voters kept under section 58. register of registered parties means the register of registered parties kept under section 167. register of reporting agents means the register of reporting agents kept under section 186. Regulations means the Regulations made under this Act. related bodies corporate, for Part 10, has the meaning in section 176. repealed Act, for Part 18, has the meaning in section 348. reporting agent means: (a) a person appointed under section 184 and whose registration has not been removed under section 187; or (b) the person taken to be a reporting agent under section 185. return, for Part 10, Division 6, has the meaning in section 214. roll means a roll of electors under this Act. scrutineer means a person appointed under section 46 to represent a candidate. scrutiny centre means a place decided under section 42(1)(c) for the conduct of scrutiny for an election under Part 7. Self-Government Act means the Northern Territory (Self- Government) Act 1978 (Cth). sitting day, for the Legislative Assembly, means a day on which the Assembly actually sits. substituted centre, see section 81(1). suppressed, for a person's address, means the person's address is not included in a roll extract under section 12(3). -- 24 of 206 -- Part 2 Interpretation and application Electoral Act 2004 9 third party campaigner means a person who or entity that incurs or expects to incur more than $1 000 of political expenditure during the capped expenditure period, but does not include a candidate (as defined in Part 10), a registered party or an associated entity. this Act includes the Regulations made under this Act. voter's question, for Part 6, has the meaning in section 51. voting centre means an election day voting centre, a mobile voting centre and an early voting centre. voting hours means: (a) for an election day voting centre – from 8 am to 6 pm; or (b) for an early voting centre – the hours decided under section 69(1)(b) for voting at early voting centres; or (c) for a mobile voting centre – the hours specified in a declaration under section 78 for the mobile voting centre, and includes the hours as changed under section 81(1). voting papers means: (a) a ballot paper; and (b) an envelope into which a ballot paper is placed; and (c) any declaration a person makes in casting a vote. writ means a writ for an election or general election issued under section 27. 3A Meaning of gift (1) A gift means any disposition of property made by a person to someone else without consideration in money or money's worth or with inadequate consideration, and includes providing a service for no consideration or for inadequate consideration, but does not include: (a) a disposition of property by will; or (b) an annual subscription paid to a registered party by a person for the person's membership of the party; or (c) volunteer labour provided by a person that is: (i) conducted outside the person's normal working hours or while the person is on leave; and -- 25 of 206 -- Part 2 Interpretation and application Electoral Act 2004 10 (ii) not remunerated. (2) Despite subsection (1), a gift to a candidate does not include a gift: (a) made in a private capacity to the candidate for the candidate's personal use; and (b) that the candidate has not used, and will not use, solely or substantially for a purpose related to an election. (3) Despite subsection (1), a gift to a third party campaigner only includes gifts that are: (a) specified by the donor to be used for political expenditure; or (b) reasonably believed by the campaigner to be intended by the donor to be used for political expenditure. (4) For subsection (1), (2) or (3) the regulations may: (a) prescribe matters relating to methods or processes for determining the value of a gift; and (b) broaden or narrow the definition of gift. 4 Election and general election (1) An election is an election for an MLA. (2) An election may be held alone, at the same time as another election or as part of a general election. (3) A general election is an election for all MLAs. 5 Public notice (1) If a provision of this Act requires public notice to be given by the Commission or Commissioner about a matter, notice about the matter must be published in a newspaper circulating: (a) generally throughout the Territory; or (b) if the matter relates only to a particular division, in the division. (2) This section does not prevent the Commission or Commissioner from giving notice about the matter in another way (including for example, by radio or television broadcast). (3) However, if under a provision of this Act, a stated period after publication of a notice is required or allowed for a matter, the period starts on the date the notice is first published under subsection (1). -- 26 of 206 -- Part 2 Interpretation and application Electoral Act 2004 11 6 Available for public inspection (1) If a provision of this Act requires an entity to make a document or copy of a document available for public inspection, the entity must make the document or copy available for inspection by members of the public during ordinary business hours at the Commission's office. (2) The entity may also make the document or copy available for public inspection at the other places in the Territory the entity considers appropriate. (3) The right of inspection does not give any right to copy the document or a part of it unless otherwise expressly provided. 7 Electoral matter (1) Electoral matter is matter, in printed or electronic form, that is intended or likely to affect voting at an election. (2) Without limiting subsection (1), matter is taken to be intended or likely to affect voting at an election if it contains an express or implicit reference to or comment on: (a) the election; or (ab) a candidate for the election; or (b) the performance of the Government or opposition or a previous Government or opposition; or (c) the performance of an MLA or former MLA; or (d) the performance of a political party in the election; or (e) an issue submitted to, or otherwise before, the electors in relation to the election. 8 Closed roll The roll for a division is closed during the period: (a) starting at 5 pm on the day that is 1 day after the date of the issue of a writ for an election for the division; and (b) ending at the close of voting for the election. -- 27 of 206 -- Part 4 Electoral rolls and enrolment Division 1 Electoral rolls Electoral Act 2004 12 8A Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against sections 175P(2) and (3), 175R(1) and (2), 203C(1), (2) and (3), 203D and 213E. Note for section 8A Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 3 Constitution of Legislative Assembly 9 Number of MLAs The Legislative Assembly consists of 25 members. Part 4 Electoral rolls and enrolment Division 1 Electoral rolls 10 Commission to keep rolls The Commission must keep a roll for each division. 11 Contents of roll (1) Each roll must contain the following information for each elector for the division: (a) surname; (b) each given name; (c) residential address and postal address if not the same as the residential address; (d) sex or gender; (e) occupation; (f) date of birth; (g) information prescribed by the Regulations. -- 28 of 206 -- Part 4 Electoral rolls and enrolment Division 1 Electoral rolls Electoral Act 2004 13 (2) A roll may contain the following information for each elector for the division: (a) salutation; (b) any former surname or given name; (c) any previous address; (d) information prescribed by the Regulations. 12 Roll extracts to be available for public inspection (1) The Commission must make available for public inspection by any person, without fee, the most recent extract from each roll. (2) The roll extract must contain the following information for each elector enrolled at the time the extract is prepared: (a) surname; (b) each given name; (c) residential address. (3) However, if, under section 104 of the Commonwealth Act, the person's address is not included on a roll for a Subdivision under that Act, the person's address must not be included in the roll extract. (4) For subsection (1), the Commission must prepare an extract of each roll at least once each month. (5) A right of inspection under subsection (1) does not include the right to copy or record an extract, or part of an extract, by electronic or any other means. 13 Supply of roll extract to MLA and registered party (1) At least once each month, the Commission must, on request: (a) give an extract from the roll for a division to the MLA for the division; and (b) give an extract from the roll for all divisions to the registered officer of each registered party. -- 29 of 206 -- Part 4 Electoral rolls and enrolment Division 1 Electoral rolls Electoral Act 2004 14 (2) In addition to the information mentioned in section 12(2), the extract must contain the following information for each elector enrolled at the time the extract is prepared: (a) postal address; (b) sex or gender; (c) occupation; (d) date of birth; (e) salutation; (f) information prescribed by the Regulations. (3) If practicable, the Commission must give the person the roll extract in electronic form. 14 Use of roll extracts (1) A person must not use protected information for: (a) a commercial purpose; or (b) any other purpose other than an approved purpose. Maximum penalty: If the offender is a natural person – 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units. (2) A person must not directly or indirectly disclose or communicate protected information to someone else for a purpose other than an approved purpose. Maximum penalty: If the offender is a natural person – 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units. (3) In this section: approved purpose means any of the following: (a) for an MLA – the exercise of the MLA's functions; -- 30 of 206 -- Part 4 Electoral rolls and enrolment Division 1 Electoral rolls Electoral Act 2004 15 (b) for the registered officer of a registered party – the exercise by an MLA who is a member of the party of the MLA's functions; (c) for an MLA or the registered officer of a registered party: (i) a purpose connected with an election; or (ii) monitoring the accuracy of information in the roll; (d) for anyone – a purpose prescribed by the Regulations. protected information, in relation to a person, means information (other than information available for public inspection under section 12) the person knows, or reasonably believes, was obtained from a roll extract given to the person or someone else under section 13. 15 Providing roll information to certain entities for medical research and health screening programs (1) The Commission may, under this section, give a copy of a roll or information contained on a roll (electoral information) to an entity for conducting medical research or providing a health screening program if satisfied: (a) giving the information is in the public interest; and (b) the public interest in giving the information outweighs the public interest in protecting the privacy of personal information in the particular circumstances. (2) The Commission may include in the electoral information the age ranges of electors in a way decided by the Commission. (3) However, the electoral information must not include the address of a person whose address is suppressed. (4) The electoral information may be given to the entity in printed or electronic form. (5) The Commission must obtain from the entity an undertaking that the entity will: (a) only use the electoral information for a stated purpose; and (b) not copy the information or give it to anyone else; and (c) return the information to the Commission or destroy it after using it for the stated purpose. -- 31 of 206 -- Part 4 Electoral rolls and enrolment Division 1 Electoral rolls Electoral Act 2004 16 (6) A person must not use electoral information obtained under subsection (1) other than in accordance with the undertaking. Maximum penalty for an offence against subsection (6): If the offender is a natural person – 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units. 16 Providing roll information to Sheriff (1) For the Juries Act 1962, the Commission must, on request by the Sheriff, give the Sheriff a copy of all rolls. (2) The rolls may be given to the Sheriff in printed or electronic form. 16A Roll information not for sale The Commission must not sell all or part of a roll or extract, or any information contained in a roll or extract. 17 Maintenance of rolls (1) The Commission must, as far as practicable, keep the rolls up to date. (2) The Commission may alter a roll at any time as follows: (a) to register any change of name; (b) to bring up to date any particulars appearing on the roll; (c) to correct any mistake or omission; (d) to remove the name of a deceased elector; (e) for a person who is enrolled on the Commonwealth roll – to reflect an alteration under section 105 of the Commonwealth Act. (3) However, the Commission must not alter a roll for a division to give effect to a claim for enrolment or transfer of enrolment received by the Commission while the rolls are closed for an election for the division. -- 32 of 206 -- Part 4 Electoral rolls and enrolment Division 1 Electoral rolls Electoral Act 2004 17 18 Power to require information (1) The Commission may, by written notice, require a person to give the Commission or a stated officer stated information required for the preparation, maintenance or revision of a roll within a stated reasonable time. (2) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty: If the offender is a natural person – 20 penalty units. If the offender is a body corporate – 100 penalty units. (3) Subsection (2) does not apply if compliance with the requirement would involve the disclosure of information in contravention of another law. 19 Disclosure of roll information (1) This section applies to a person who is or has been: (a) the Commissioner; or (b) an officer; or (c) a member of the staff of the Commission. (2) The person must not directly or indirectly do any of the following: (a) make a record of, or communicate to another person, information acquired by the person because of the person's involvement in the administration of this Act; (b) give another person, or permit another person to have access to a copy of a roll, a roll extract, information contained on a roll or another document given to the person for the administration of this Act. Maximum penalty: 400 penalty units or imprisonment for 2 years. (3) Subsection (2) does not apply: (a) to the extent it is necessary for the person to do the thing: (i) for this Act; or -- 33 of 206 -- Part 4 Electoral rolls and enrolment Division 2 Enrolment Electoral Act 2004 18 (ii) for the proper conduct of an election under the Local Government Act 2019; or (b) if the person is authorised or required by law to do the thing. 20 Arrangement with Commonwealth for keeping rolls (1) The Administrator may arrange with the Governor-General of the Commonwealth for, or for carrying out a procedure relating to, the preparation, alteration or revision of the rolls jointly by the Territory and the Commonwealth. (2) The arrangement may be made for the use of the rolls as electoral rolls for Commonwealth or Territory elections or for another purpose. (3) The arrangement must be consistent with this Act. (4) The rolls prepared under the arrangement may contain the following information for the purposes of Commonwealth elections: (a) the names and descriptions of persons who are not entitled to be enrolled as electors for Territory elections if the rolls clearly indicate the persons are not enrolled as electors for Territory elections; (b) distinguishing marks against the names of persons enrolled as electors showing the persons are or are not also enrolled as Commonwealth electors; (c) any other particulars. (5) For this Act, the names, descriptions, marks and particulars mentioned in subsection (4) are taken not to be part of the rolls. Division 2 Enrolment 21 Entitlement (1) A person is entitled to be enrolled for a division if: (a) the person is qualified, under section 14 of the Self-Government Act, to vote at an election for MLAs; and (b) under the Commonwealth Act, the person's residential address is in the division or the person is treated as having a real place of living in the division. -- 34 of 206 -- Part 5 Timing and arrangements for elections Division 1 Timing of elections Electoral Act 2004 19 (2) However, an MLA may be enrolled for the division the MLA represents or proposes to stand for election at the next general election even if the MLA's residential address under the Commonwealth Act is in another division. (3) An MLA enrolled under subsection (2) may vote as an elector of the division for which the MLA is enrolled. (4) A person is not entitled to be enrolled for more than one division. Note for section 21 It is compulsory for a person to be enrolled for an electoral division. Under an arrangement made between the Administrator and the Governor-General under section 20, the Territory uses Commonwealth electoral rolls. A failure to enrol or notify a change of address is an offence under the Commonwealth Act. 22 Claim for, or transfer of, enrolment A claim for enrolment on, or transfer of enrolment from, a roll for a division must be in accordance with the arrangement made under section 20 between the Administrator and the Governor-General. Part 5 Timing and arrangements for elections Division 1 Timing of elections 23 Determining date for holding general election other than extraordinary general election (1) For determining the date for a general election if the previous general election was not an extraordinary general election, the general election is to be held on the 4th Saturday in August in the 4th year after the year in which the previous general election was held. (2) For determining the date for a general election if the previous general election was an extraordinary general election, the general election is to be held on the 4th Saturday in August in the 3rd year after the year in which that extraordinary general election was held. (3) Subsections (1) and (2) are subject to a writ being issued for an extraordinary general election before a writ for a general election is issued for a date determined under either subsection. (4) In this section: determining the date of a general election means determining the date of a general election under section 17 of the Self-Government Act. -- 35 of 206 -- Part 5 Timing and arrangements for elections Division 1 Timing of elections Electoral Act 2004 20 extraordinary general election means a general election for which the writ is issued under section 24 or 25. previous general election, in relation to determining the date for a general election, means the immediately preceding general election, including a general election before the commencement of this definition. 24 Extraordinary general election – motion of no confidence (1) The Administrator may issue a writ for a general election at any time if: (a) a motion of no confidence in the Government is passed by the Legislative Assembly (being a motion of which not less than 3 clear days notice has been given in the Legislative Assembly); and (b) during the period of no confidence, the Legislative Assembly has not passed a motion of confidence in the Government. (2) After the motion of no confidence is passed, the Legislative Assembly may not be prorogued before the end of the period of no confidence and may not be adjourned for a period extending beyond that period unless a motion of confidence has been passed. (3) In this section: period of no confidence, for a motion of no confidence in the Government, means the period starting on the day the motion is passed and ending 8 clear days after it is passed. 25 Extraordinary general election – non-passing of appropriation Bill (1) The Administrator may issue a writ for a general election at any time if the Legislative Assembly: (a) rejects an appropriation Bill; or (b) fails to pass an appropriation Bill before the time the Administrator considers the appropriation is required. (2) In this section: appropriation Bill means a Bill for an annual Appropriation Act for all Agencies. -- 36 of 206 -- Part 5 Timing and arrangements for elections Division 2 Writs for elections Electoral Act 2004 21 26 Criteria for deciding whether to issue writs In deciding whether a writ for a general election should be issued under section 24 or 25, the Administrator must consider whether a viable alternative Government can be formed without a general election and, in so doing, must have regard to any motion passed by the Legislative Assembly expressing confidence in an alternative Government in which a named person would be Chief Minister. 26A Determining alternative date if Commonwealth election (1) This section applies in relation to a date (the nominal date) that, under section 23 is, or would be, determined as the date for a general election. (2) If the nominal date is or becomes the date for an election mentioned in section 394 of the Commonwealth Electoral Act 1918 (Cth), section 23 does not prevent: (a) an amendment of a previous determination of the nominal date to another date (an alternative date) for the general election; or (b) the determination of another date (also an alternative date) for the general election. (3) Subject to section 17(2) of the Self Government Act, the alternative date must be a Saturday that is within 2 months before or after the nominal date. Division 2 Writs for elections 27 Form of writ (1) A writ for an election or general election must be issued by the Administrator in the form in Schedule 1. (2) The writ authorises the Commission to conduct the election in accordance with this Act. 28 Limitation of dates For the election: (a) nomination day must be 7 days after the date of the issue of the writ; and (b) election day must be 23 days after the date of the issue of the writ. -- 37 of 206 -- Part 5 Timing and arrangements for elections Division 3 Nominations Electoral Act 2004 22 29 Endorsement of writ On receiving the writ, the Commission must: (a) endorse on it the date of its receipt; and (b) give public notice of its issue and details of dates relating to the election. Division 3 Nominations 30 Eligibility A person is eligible for election as an MLA only if the person is nominated as a candidate for the election in accordance with this Division. 31 Nomination of candidate (1) A person may be nominated as a candidate for election for a division only by: (a) if the person is nominated as the party candidate of a registered party for the division – the registered officer of that party; or (b) otherwise – 6 electors entitled to vote at the election in the division. (2) Only one person may be nominated as the party candidate for a registered party for the division for the election. (3) Subsection (2) does not prevent a change of the nomination if: (a) the registered officer of the registered party gives notice of the change to the Commission in the approved form before 12 noon on nomination day; and (b) the change results from any of the following: (i) the withdrawal of consent by the nominated party candidate for the division as mentioned in section 35(1); (ii) the withdrawal of the nomination of a person as the party candidate for the division as mentioned in section 35(2); (iii) the rejection of the nomination of a person as the party candidate for the division as mentioned in section 36(1); -- 38 of 206 -- Part 5 Timing and arrangements for elections Division 3 Nominations Electoral Act 2004 23 (iv) the death of the nominated party candidate for the division. 32 Nomination form (1) The nomination must: (a) be in the approved form; and (b) state the name, residential address and occupation of the nominee; and (c) if the nomination is made by 6 electors entitled to vote at the election – state whether the word "Independent" is to be printed on the ballot paper; and (d) contain a statement that the nominee consents to be nominated under this Division and to act as an MLA if elected; and (e) contain a declaration signed by the nominee that the nominee is qualified in accordance with Part III, Division 2 of the Self- Government Act to be a candidate for election as an MLA; and (f) be accompanied by a photograph of the nominee complying with the requirements prescribed by the Regulations; and (g) be accompanied by a deposit of an amount prescribed by regulation (the nomination deposit), paid in the manner and by the payment method prescribed by regulation; and (h) be signed by the nominee and the nominator or each nominator. (2) For subsection (1)(b), the name stated in the nomination must be: (a) the surname and the given name, or one or more of the given names, under which the nominee is enrolled; or (b) if the candidate is not enrolled, the surname and the given name, or one or more of the given names, under which the nominee is entitled to be enrolled. (3) However, a given name may be stated by an initial standing for the name or a commonly accepted variation of the name, including an abbreviation, truncation or alternative form. (4) If the address of a nominee is suppressed, the nomination need not state the address but the nominee must give written notice to the Commission of an address for correspondence. -- 39 of 206 -- Part 5 Timing and arrangements for elections Division 3 Nominations Electoral Act 2004 24 33 Nomination in one division only (1) This section applies if a person has consented and signed a nomination form to be nominated as a candidate for a division at a general election. (2) The person must not consent or sign a nomination form to be nominated as a candidate for another division unless the person has, under section 35, withdrawn his or her consent to the previous nomination. 34 Time for lodging nomination The nomination form must be lodged with the Commission after the close of the roll for the election and before 12 noon on nomination day. 35 Withdrawal of consent to nomination etc. (1) A nominee may withdraw consent to the nomination by giving written notice in the approved form to the Commission before 12 noon on nomination day. (2) The registered officer of a registered party may withdraw a nomination made by the officer by giving written notice in the approved form to the Commission before 12 noon on nomination day. (3) On receipt of a notice under subsection (1) or (2), the Commission must return the nomination deposit to the person who lodged it. 36 Rejection of nomination (1) The Commission may reject a nomination only if: (a) the nomination is not substantially in accordance with section 32; or (b) the nominee is not enrolled, or entitled to be enrolled, at the close of the roll for the election; or (c) the name of the nominee is not that under which the nominee is enrolled or entitled to be enrolled; or (d) the name of the nominee is obscene, frivolous or has been assumed for a political purpose. -- 40 of 206 -- Part 5 Timing and arrangements for elections Division 3 Nominations Electoral Act 2004 25 (2) The Commission must give a nominee whose nomination is rejected written notice of: (a) the rejection and the reasons for it; and (b) the nominee's right to dispute the validity of the election. 37 Declaration of candidates (1) As soon as practicable after 12 noon on nomination day, the Commission must: (a) publicly produce all nomination forms for the persons properly nominated other than a form for a person who has withdrawn consent to the person's nomination under section 35(1) or whose nomination has been withdrawn under section 35(2); and (b) declare each of the persons to be a candidate. (2) The declaration must: (a) be made at the Commission's office or other place decided by the Commission and notified in the Gazette; and (b) state each candidate's name and, if endorsed by a registered party, the name of the party. (3) The Commission must not disclose the names of persons nominated as candidates before making the declaration. (4) As soon as practicable after the declaration, the Commission must display a notice at the Commission's office stating the name and address, as stated in the nomination form, of each candidate. (5) The Commission may also display notices at the other places in the Territory the Commission considers appropriate. 38 Need for vote (1) If one candidate only is declared under section 37 for a division, the Commission must declare the candidate elected for the division. (2) Otherwise, an election must be held under this Act. -- 41 of 206 -- Part 5 Timing and arrangements for elections Division 4 Ballot papers Electoral Act 2004 26 39 Nomination deposit to be returned or forfeited (1) If a candidate is elected or polls more than 20% of the total number of first preference votes cast for the candidate returned as elected, the Commission must return the nomination deposit for the candidate to: (a) the person who lodged the deposit; or (b) if that person, by written notice given to the Commission, authorised another person to receive the deposit – the other person. (2) If subsection (1) does not apply to a candidate for an election, the deposit is forfeited to the Territory. (3) If an election fails, the Commission must return the nomination deposit for a candidate to: (a) the person who lodged the deposit; or (b) if that person, by written notice given to the Commission, authorised another person to receive the deposit – the other person. Division 4 Ballot papers 40 Requirements for ballot papers (1) A ballot paper to be used in an election must be in the form prescribed by the Regulations. (2) A ballot paper must have: (a) the names of the candidates for the division for which the ballot paper is to be used and in the order determined under section 41; and (b) a photograph of each candidate adjacent to the candidate's name on the ballot paper; and (c) a square (a candidate square) printed adjacent to the candidate's photograph; and (d) under the name of the candidate: (i) for a party candidate – the name of the registered party endorsing the candidate; or -- 42 of 206 -- Part 5 Timing and arrangements for elections Division 5 Miscellaneous provisions Electoral Act 2004 27 (ii) for another candidate – the word "Independent" if the nomination form so indicated. (3) However, a declaration ballot paper need not comply with subsection (2)(b). (4) The Commission may authorise a person or body to print the ballot papers to be used in an election. 41 Determination of order of candidates names (1) As soon as practicable after the candidates have been declared for an election for a division, the Commission must determine the order of the names of candidates on ballot papers for the division. (2) The determination must be made by lot in public at the Commission's office or other place decided by the Commission. Division 5 Miscellaneous provisions 42 Early voting centres, voting centres and scrutiny centres (1) The Commission may, in writing: (a) appoint a stated place to be an early voting centre for an election; and (b) appoint a stated place to be an election day voting centre for an election for one or more divisions; and (c) appoint a stated place to be a scrutiny centre for scrutiny at an election. (2) The Commission must give public notice stating particulars of each early voting centre and election day voting centre for the election. 42A Designated land part of voting centre (1) The officer in charge of an election day voting centre or an early voting centre may designate the area adjacent to the voting centre to be part of that voting centre by erecting a notice in the adjacent area. (2) An authorised officer may designate an area in the vicinity of a mobile voting centre to be part of the mobile voting centre by erecting a notice in the designated area. (3) A designation under subsection (1) or (2) ends when the officer in charge or the authorised officer respectively removes the notice. -- 43 of 206 -- Part 5 Timing and arrangements for elections Division 5 Miscellaneous provisions Electoral Act 2004 28 43 Limit on appointment of licensed premises as voting centre A part of premises licensed under the Liquor Act 2019 may be appointed as a voting centre only if the Commission is satisfied that, during voting hours on election day: (a) liquor will not be available for sale or consumption on the part of the premises; and (b) the part of the premises will be segregated from the part of the premises where liquor will be available for sale or consumption; and (c) access to the part of the premises will not involve passing through a part of the premises where liquor will be available for sale or consumption. 44 Certified lists of voters (1) For the conduct of an election for a division, the Commission must prepare and certify lists of electors on the roll for the division. (2) For the conduct of a general election, the Commission must prepare and certify: (a) lists of electors on the roll for each division; and (b) lists of electors on the rolls for all divisions. 45 Administrative arrangements The Commission must make appropriate administrative arrangements for the conduct of an election and, in particular, must ensure each voting centre is properly equipped with: (a) separate voting compartments constructed to screen voters from observation while marking ballot papers; and (b) ballot boxes capable of being securely sealed; and (c) certified lists of voters, ballot papers and other documents and stationery. 46 Scrutineers – appointment (1) A candidate for election may appoint a scrutineer to represent the candidate during the voting or scrutiny for the election or both. (2) The appointment must be made by giving notice in the approved form to the officer in charge of a voting centre or scrutiny centre. -- 44 of 206 -- Part 6 Voting Division 1 Entitlement to vote and other preliminary matters Electoral Act 2004 29 47 Scrutineers – presence at voting centre and scrutiny centre (1) A scrutineer representing a candidate during the voting for an election is entitled to be present at a voting centre, and to enter or leave a voting centre, when voters are allowed to vote at the place. (2) However, only one scrutineer representing a particular candidate may enter or remain at a particular voting centre at any time while voters are allowed to vote at the place. (3) A scrutineer representing a candidate during the scrutiny for an election is entitled to be present at a scrutiny centre, and to enter or leave a scrutiny centre, during the conduct of the scrutiny at the centre. (4) However, only one scrutineer representing a particular candidate may enter or remain at a particular scrutiny centre at any time while the scrutiny is conducted at the centre unless there is more than one counting table for the division at the scrutiny centre in which case the candidate is entitled to be represented by a scrutineer at each table. (5) A scrutineer who contravenes this section is no longer entitled to be at the voting centre or scrutiny centre. Part 6 Voting Division 1 Entitlement to vote and other preliminary matters 48 Entitlement to vote (1) An elector for a division is entitled to vote at an election for the division. (2) The inclusion of the name of a person on a certified list of voters for an election is conclusive evidence of the person's right to vote at the election. (3) The omission of the name of a person from a certified list of voters because of official error does not disqualify the person from voting. (4) In a certified list of voters, an omission of a given name or an error in a name does not disqualify an elector from voting. (5) An elector whose surname has changed is not disqualified from voting under a former name entered for the person on a certified list of voters. -- 45 of 206 -- Part 6 Voting Division 1 Entitlement to vote and other preliminary matters Electoral Act 2004 30 49 Procedure for voting (1) A person may cast a vote at an election in accordance with Divisions 2 to 6A. (2) Except as otherwise provided in this Act, a person may cast a vote on election day at any voting centre in the Territory, whether or not the voting centre is in the division for which the person is enrolled. 50 Method of voting (1) A person's vote on a ballot paper must be marked in accordance with subsection (2). (2) The person must: (a) place the number "1" in the candidate square for a candidate to indicate the person's first preference for the candidate; and (b) place consecutively increasing whole numbers (starting with the number "2") in the candidate squares for each of the other candidates to indicate the order of the person's preferences for those candidates until a number is placed in all candidate squares. 51 Voter's question For this Part, the voter's question to be put to a person who claims to vote at an election is as follows: Is this the first time you have voted at this election?. 51A How-to-vote cards (1) A how-to-vote card is a printed document that recommends the way in which a voter should mark the ballot paper. (2) Without limiting subsection (1), the card may include the following information: (a) the candidate's name; (b) for a candidate endorsed by a registered party – the party's name; (c) the candidate's order of preferences for some or all of the other candidates for the candidate's division for the election; (d) the individual who authorises the publication of the card and the individual's address. -- 46 of 206 -- Part 6 Voting Division 2 Ordinary voting at voting centre on election day Electoral Act 2004 31 (3) A regulation may make provisions relating to how-to-vote cards. Division 2 Ordinary voting at voting centre on election day 52 Issue of ballot paper (1) If a person attends before an authorised officer for a division at a voting centre during voting hours and claims to vote at an election, the officer must issue a ballot paper to the person for the division if: (a) the person states the person's full name and, unless the person's address is suppressed, the person's address; and (b) the officer is satisfied the officer's certified list of voters for the division: (i) states the person's name; and (ii) states an address for the person or indicates the person's address is suppressed; and (iii) has not been marked to indicate a ballot paper has already been issued to the person; and (c) the person answers the voter's question in the affirmative. (2) The officer must, immediately before issuing the ballot paper to the person: (a) record the issue on the certified list of voters; and (b) initial the back of the ballot paper. 53 Voting in private (1) On receipt of the ballot paper, the person must, without delay: (a) go to an unoccupied voting compartment at the voting centre; and (b) there, in private, mark the person's vote on the ballot paper; and (c) fold the ballot paper to conceal the vote; and (d) show the ballot paper to an officer and, without unfolding it, place it in a ballot box at the voting centre; and (e) leave the voting centre. (2) This section has effect subject to section 87. -- 47 of 206 -- Part 6 Voting Division 3 Absent and declaration voting on election day at voting centres Subdivision 1 Voting by certain persons absent from division Electoral Act 2004 32 Division 3 Absent and declaration voting on election day at voting centres Subdivision 1 Voting by certain persons absent from division 54 Issue of ballot paper (1) If a person attends before an authorised officer for a division at a voting centre during voting hours and claims to vote at an election for a division for which that voting centre has not been declared under section 42(1)(b), the officer must issue a ballot paper to the person for the person's enrolled division if: (a) the person states the person's full name and, unless the person's address is suppressed, the person's address; and (b) the officer is satisfied the officer's certified list of voters for all divisions has not been marked to indicate a ballot paper has already been issued to the person; and (c) the person answers the voter's question in the affirmative. (2) However, if the officer's certified list of voters has been marked to indicate a ballot paper has already been issued to the person but the person claims not to have voted already at the election, Subdivision 2 applies to the issue of a ballot paper to the person. (3) The officer must, immediately before issuing the ballot paper to the person: (a) record the issue on the certified list of voters; and (b) initial the back of the ballot paper. 55 Casting vote (1) Subject to section 87, this section prescribes the requirements for casting a vote under this Subdivision. (2) After the issue of the ballot paper to the person: (a) the person must go to an unoccupied voting compartment at the voting centre and there, in private: (i) mark his or her vote on the ballot paper; and (ii) fold the ballot paper to conceal the vote; and (b) the person must return the folded ballot paper to the officer; and -- 48 of 206 -- Part 6 Voting Division 3 Absent and declaration voting on election day at voting centres Subdivision 2 Declaration voting Electoral Act 2004 33 (c) the officer must, in the presence of the person, without unfolding the ballot paper, place it in an envelope bearing the name of the person's enrolled division and the name of the voting centre, seal the envelope and place it in a ballot box at the voting centre; and (d) the person must then leave the voting centre. (3) The person must act under subsection (2) without delay. Subdivision 2 Declaration voting 56 Issue of declaration ballot paper (1) If a person attends before an authorised officer for a division at a voting centre during voting hours and claims to vote at an election, the officer must issue a ballot paper (a declaration ballot paper) to the person for the division if: (a) the person states the person's full name and, unless the person's address is suppressed, the person's address; and (b) the officer is satisfied the officer's certified list of voters for the division: (i) does not state the person's name and address; or (ii) has been marked to indicate a ballot paper has already been issued to the person but the person declares the person has not already voted at the election; and (c) the person completes and signs a declaration in the approved form in the presence of the officer; and (d) the officer signs the declaration as witness. (1A) A person to whom subsection (1)(b)(i) applies may be required to provide proof of identity in accordance with section 98AA(2) of the Commonwealth Act. (2) In addition, if a person mentioned in section 54(2) attends before an authorised officer for a division at a voting centre during voting hours and claims to vote at an election, the officer must issue a ballot paper (also a declaration ballot paper) to the person for the person's enrolled division if: (a) the person states the person's full name and, unless the person's address is suppressed, the person's address; and -- 49 of 206 -- Part 6 Voting Division 3 Absent and declaration voting on election day at voting centres Subdivision 2 Declaration voting Electoral Act 2004 34 (b) the officer is satisfied the officer's certified list of voters for the person's enrolled division used by the officer has been marked to indicate a ballot paper has already been issued to the person but the person declares the person has not already voted at the election; and (c) the person completes and signs a declaration in the approved form in the presence of the officer; and (d) the officer signs the declaration as witness. (3) The officer must: (a) immediately before issuing the ballot paper to the person, initial the back of the ballot paper; and (b) immediately after issuing the ballot paper to the person, make a record of its issue. (4) The declaration by a person to whom subsection (1)(b)(i) applies must state the following: (a) the person: (i) has complied with Part VIII of the Commonwealth Act before the close of roll; or (ii) is eligible to enrol under Part VIII of the Commonwealth Act; (b) to the best of the person's knowledge no objection has been upheld in relation to the inclusion of the person's name on the roll; (c) the person is not qualified for enrolment in a division other than the division for which the person claims to vote; (d) the person has not already voted at the election. (5) The declaration by a person to whom subsection (1)(b)(ii) or (2) applies must state the person has not already voted at the election. 57 Casting declaration vote (1) Subject to section 87, this section prescribes the requirements for casting a declaration vote under this Subdivision. -- 50 of 206 -- Part 6 Voting Division 4 Postal voting Subdivision 1 Registered postal voters Electoral Act 2004 35 (2) After the issue of a declaration ballot paper to the person: (a) the person must go to an unoccupied voting compartment at the voting centre and there, in private: (i) mark the person's vote on the ballot paper; and (ii) fold the ballot paper to conceal the vote; and (b) the person must return the folded ballot paper to the officer; and (c) the officer must, in the presence of the person, without unfolding the ballot paper, place it in the envelope on which the declaration mentioned in section 56(1)(c) or (2)(c) appears, seal the envelope and place it in a ballot box at the voting centre; and (ca) if the declaration envelope includes a declaration mentioned in section 56(4)(a), the officer may record and retain an image of the outside of the envelope; and (d) the person must then leave the voting centre. (3) The person must act under subsection (2) without delay. Division 4 Postal voting Subdivision 1 Registered postal voters 58 Register of postal voters (1) For this Subdivision, the Commission must keep a register of postal voters for each division. (2) The register must contain the name of each person who is registered as a general postal voter under the Commonwealth Act. (3) The register may also contain the other particulars the Commission considers appropriate. 59 Registered postal voters taken to have applied for postal voting papers If an election at which a registered postal voter is entitled to vote is to be held at any time during the period the person is registered, the Commission is taken to have received from the voter a properly completed application for postal voting papers for the election. -- 51 of 206 -- Part 6 Voting Division 4 Postal voting Subdivision 2 Applications for, and issue of, postal voting papers Electoral Act 2004 36 Subdivision 2 Applications for, and issue of, postal voting papers 60 Who may apply for postal voting papers A person may apply for postal voting papers for an election if the person is entitled to vote at the election. 61 Application for postal voting papers Subject to section 62(3)(aa), an application for postal voting papers for an election may be made to the Commission in the approved form at any time, whether or not a writ has been issued under Part 5 for an election at the time of the application. 62 Issue of postal voting papers (1) On receipt of the properly completed application, an authorised officer must issue and send to the applicant: (a) a postal vote certificate printed on an envelope addressed to the Commission; and (b) a ballot paper (a declaration ballot paper). (2) However, an authorised officer must not send postal voting papers to the applicant before the determination under section 41 for the election. (2A) The authorised officer must send postal voting papers: (a) if a properly completed application was received before the determination – as soon as practicable after the determination; or (b) Subject to subsections (3) and (4), if a properly completed application is received after the determination – as soon as practicable after receiving the application. (3) An authorised officer must not send postal voting papers to the applicant if: (aa) the application is received before the beginning of the calendar year in which election day occurs; or (a) the application is received after 5 pm on the day that is 4 days before election day and the address to which the ballot papers are to be sent is outside Australia; or -- 52 of 206 -- Part 6 Voting Division 4 Postal voting Subdivision 2 Applications for, and issue of, postal voting papers Electoral Act 2004 37 (b) the application is received after 5 pm on the day that is 2 days before election day and the address to which the ballot papers are to be sent is in Australia. (4) However, an authorised officer may send postal voting papers to the applicant whose application is received later than the time mentioned in subsection (3)(a) or (b) if the officer considers doing so is appropriate, having regard to: (a) the special circumstances of the applicant; and (b) the need to allow sufficient time for the papers to be completed by the applicant by 6 pm on election day; and (c) any other matters the officer considers relevant. 63 Authorised officer to record applications An authorised officer must: (a) number in consecutive order all applications for postal voting papers received by the officer for each division; and (b) endorse each application with the date of issue of the postal voting papers; and (c) number each postal vote certificate issued by the officer with the number corresponding to the number on the application for the postal voting papers; and (d) initial the back of the declaration ballot paper issued by the officer; and (e) record the issue of the postal voting papers to the person on the officer's certified list of voters. 64 Applications to be available for public inspection (1) As soon as practicable after the day that is 2 days before election day, each authorised officer must send to the Commission all applications for postal voting papers received by the officer. (2) The Commission must keep the applications and make them available for public inspection for 14 days from and including the third day after election day. -- 53 of 206 -- Part 6 Voting Division 5 Early voting Subdivision 1 Preliminary Electoral Act 2004 38 Subdivision 3 Casting postal vote 65 Procedure for postal voting An elector may cast a postal vote only in accordance with this Subdivision. 66 When postal vote may be cast The elector may cast a postal vote at any time before 6 pm on election day. 67 Casting postal vote (2) The elector must sign the elector's name and insert the date and time on the postal vote certificate. (4) The elector must: (a) mark the elector's vote on the declaration ballot paper; and (b) fold the ballot paper and place it in the envelope bearing the postal vote certificate; and (c) seal the envelope. Note for subsection (4) If a postal voter needs assistance to vote, see section 87. (7) As soon as practicable after subsection (4) is complied with, the elector must send the envelope to the Commission. Note for section 67 Under section 85A the Commissioner may approve the use of a specified electronic or other automated system for the issuing and returning of postal voting papers. Such an approval could provide an alternative means of satisfying specified requirements under this section such as placing a ballot paper in an envelope and sending it to the Commission. See section 85A(4). Division 5 Early voting Subdivision 1 Preliminary 68 Application of Division This Division provides for the casting of votes before election day. -- 54 of 206 -- Part 6 Voting Division 5 Early voting Subdivision 2 Voting by electors Electoral Act 2004 39 69 Arrangements for voting (1) For this Division, the Commission: (a) may declare regions comprising one or more divisions; and (b) must decide the period during which, and the days and hours when, voting before election day may take place at early voting centres and mobile voting centres. (2) The Commission may assign a name to a region. (2A) The Commission may declare an early voting centre to be an early voting centre for one or more regions. (3) The period decided under subsection (1)(b) must not start until after the determination under section 41 for the election. 70 Public notice of arrangements (1) The Commission must give public notice of the arrangements for voting under this Division. (2) The notice must state the period during which, and the days and hours when, voting before election day may take place at early voting centres. Subdivision 2 Voting by electors 71 Issue of ballot paper (1) This section applies if a person attends before an authorised officer at an early voting centre during voting hours and declares the person is an elector who is entitled to vote at the election. (2) The officer must issue a ballot paper to the person for the person's enrolled division if: (a) the person states the person's full name and, unless the person's address is suppressed, the person's address; and (b) the officer is satisfied the officer's certified list of voters: (i) states the person's name; and (ii) states an address for the person or indicates the person's address is suppressed; and (iii) has not been marked to indicate a ballot paper has already been issued to the person; and -- 55 of 206 -- Part 6 Voting Division 5 Early voting Subdivision 3 Declaration voting Electoral Act 2004 40 (c) the person answers the voter's question in the affirmative. (3) The officer must, immediately before issuing the ballot paper to the person: (a) record the issue on the certified list of voters; and (b) initial the back of the ballot paper. 72 Casting vote (1) Subject to section 87, this section prescribes the requirements for the casting of a vote by an elector issued a ballot paper under section 71. (2) After the issue of the ballot paper to the person, the person must, without delay: (a) go to an unoccupied voting compartment at the early voting centre and there, in private: (i) mark the person's vote on the ballot paper; and (ii) fold the ballot paper to conceal the vote; and (b) place the ballot paper in a ballot box at the centre or, if the centre is not declared to be an early voting centre for the region in which the person's enrolled division is situated, place it in an envelope bearing the name of the division and the centre, seal the envelope and place it in a ballot box at the centre; and (c) leave the centre. Subdivision 3 Declaration voting 73 Issue of declaration ballot paper (1) This section applies if: (a) the person attends before an authorised officer at an early voting centre during voting hours; and (b) the person states the person's full name and address; and (c) the officer is satisfied the officer's certified list of voters: (i) does not state the person's name and address; or -- 56 of 206 -- Part 6 Voting Division 5 Early voting Subdivision 3 Declaration voting Electoral Act 2004 41 (ii) has been marked to indicate a ballot paper has already been issued to the person but the person declares the person has not already voted at the election; and (d) the person answers the voter's question in the affirmative; and (e) the person completes and signs a declaration in the approved form in the presence of the officer; and (f) the officer signs the declaration as witness. (2) The officer must issue a ballot paper (a declaration ballot paper) to the person. (3) The officer must: (a) immediately before issuing the ballot paper to the person, initial the back of the ballot paper; and (b) immediately after issuing the ballot paper to the person, make a record of its issue. (4) The declaration by a person to whom subsection (1)(c)(i) applies must state the following: (a) the person: (i) has complied with Part VIII of the Commonwealth Act before the close of roll; or (ii) is eligible to enrol under Part VIII of the Commonwealth Act; (b) to the best of the person's knowledge no objection has been upheld in relation to the inclusion of the person's name on the roll; (c) the person is not qualified for enrolment in a division other than the division for which the person claims to vote; (d) the person has not already voted at the election. (5) The declaration by a person to whom subsection (1)(c)(ii) applies must state the person has not already voted at the election. 74 Casting declaration vote (1) Subject to section 87, this section prescribes the requirements for the casting of a declaration vote by a person issued a declaration ballot paper under section 73. -- 57 of 206 -- Part 6 Voting Division 5 Early voting Subdivision 4 Dealing with ballot boxes Electoral Act 2004 42 (2) After the issue of a declaration ballot paper to the person: (a) the person must go to an unoccupied voting compartment at the voting centre and there, in private: (i) mark his or her vote on the ballot paper; and (ii) fold the ballot paper to conceal the vote; and (b) the person must return the folded ballot paper to the officer; and (c) the officer must, in the presence of the person, without unfolding the ballot paper, place it in the envelope on which the declaration mentioned in section 73(1)(e) appears, seal the envelope and place it in a ballot box at the voting centre; and (d) the person must then leave the voting centre. (3) The person must act under subsection (2) without delay. Subdivision 4 Dealing with ballot boxes 75 Ballot boxes at early voting centres in Territory (1) This section applies to ballot papers issued under Subdivisions 2 and 3 at an early voting centre in the Territory. (2) As soon as practicable after 6 pm on the day before election day, an authorised officer must: (a) seal the ballot boxes containing the ballot papers; and (b) send the sealed boxes to the Commission or, if directed by the Commission, the officer in charge of a scrutiny centre for scrutiny under Part 7. 76 Ballot boxes at early voting centres outside Territory (1) This section applies to ballot papers issued under Subdivisions 2 and 3 at an early voting centre outside the Territory. (2) As soon as practicable after 6 pm on the day before election day, an authorised officer must: (a) open the ballot boxes; and (b) remove the envelopes containing the ballot papers; and -- 58 of 206 -- Part 6 Voting Division 6 Mobile polling Electoral Act 2004 43 (c) without opening the envelopes, sort them into ballot papers issued under Subdivisions 2 and 3; and (d) place them in separate parcels; and (e) seal the parcels; and (f) send them to the Commission. Division 6 Mobile polling 77 Application of Division This Division provides for the casting of ordinary votes and declaration votes under Division 2 or 3 in the Territory by electors during the mobile voting period for the election. 78 Mobile voting centres (1) The Commissioner may, in writing, appoint a stated place, whether or not an election day voting centre or an early voting centre, to be a mobile voting centre where votes may be taken by an authorised officer during the mobile voting period. (2) The appointment may specify: (a) classes of electors who may vote at the mobile voting centre; and (b) dates and hours during which votes may be cast at the place during the mobile voting period. (3) In making the appointment, the Commissioner must have regard to the following: (a) whether or not: (i) there is a distinct community of electors who may be served by the mobile voting centre; or (ii) there are special circumstances applying to electors who may be served by the mobile voting centre (for example, because of their special needs or other requirements); (b) the practicality for those electors to attend another voting centre for the election; (c) the practicality of establishing the mobile voting centre for those electors, having regard to their number and resources required for doing so. -- 59 of 206 -- Part 6 Voting Division 6 Mobile polling Electoral Act 2004 44 (4) If the appointment specifies a class of electors, only a person in that class may vote at the mobile voting centre. (5) The Commissioner must: (a) give public notice of the appointment; and (b) as far as practicable, notify the community or electors to be served by the mobile voting centre in a way that is reasonable in the circumstances. 81 Change of mobile voting centre, dates or hours for voting (1) The Commissioner may take any of the following actions in respect of a mobile voting centre if the Commissioner is satisfied that there are special circumstances requiring such an action: (a) substitute another voting centre (a substituted centre) for the mobile voting centre; (b) change the dates or hours during which votes may be cast at the mobile voting centre. (2) The Commissioner must give notice to the public of the substitution or change and the notice must be reasonable and practicable in the circumstances. 82 Obligations of authorised officer When visiting a mobile voting centre, an authorised officer must: (a) take a ballot box, ballot papers, certified lists of voters and anything else necessary to enable a person to vote; and (b) be accompanied by at least one other officer. 83 Application of Act for voting at mobile voting centre While an authorised officer is with a person in a room or other place for taking the person's vote, as far as practicable this Act has effect as if the authorised officer were the officer in charge of the voting centre. 84 Failure to visit mobile voting centre The result of an election is not invalidated merely because an authorised officer did not visit: (a) a mobile voting centre; or -- 60 of 206 -- Part 6 Voting Division 6A Approved electronic and other automated systems for voting Electoral Act 2004 45 (b) a mobile voting centre on the dates or during the hours: (i) specified in a declaration under section 78; or (ii) as substituted or changed under section 81. 85 Dealing with ballot boxes (1) After an authorised officer has finished all visits to mobile voting centres for which the officer is authorised, the officer must, in the presence of any scrutineers, close and seal the ballot boxes containing ballot papers. (2) The authorised officer must send the ballot boxes containing the ballot papers to the Commission or, if directed by the Commission, the officer in charge of a scrutiny centre for scrutiny under Part 7. Division 6A Approved electronic and other automated systems for voting 85A Commissioner's power to approve electronic or other automated system (1) The Commissioner may, in writing, approve the use of a specified electronic or other automated system (the approved system) for specified purposes relating to one or more of the following for specified elections: (a) issuing and returning of ballot papers (including, for example, the confirmation and recording of the issuing of ballot papers); (ab) issuing and returning of postal voting papers; (b) counting and processing of votes; (c) voting by a specified group of electors; (d) assisting electors who have a physical or other disability, illness, advanced pregnancy or another condition. (2) The Commissioner must not give the approval unless the Commissioner is satisfied: (a) as far as practicable, the secrecy of the ballot will be maintained by the approved system; and (b) the approval is warranted having regard to the practicality of the approved system and resources required to establish and maintain it; and -- 61 of 206 -- Part 6 Voting Division 7 Miscellaneous provisions Electoral Act 2004 46 (c) the approval is consistent with the Commissioner's functions under this Act; and (d) the approved system would be supported by secure facilities; and (e) if subsection (1)(c) applies – there are exceptional circumstances relating to the specified group of electors. (3) The Commissioner must give public notice about the approved system. (4) If the approval specifies that a thing covered by subsection (1)(a) to (d) may be done in accordance with the approved system instead of a specified requirement under this Act, a thing done in accordance with the approval has effect as if that requirement had been met. Division 7 Miscellaneous provisions 86 Arrangements at voting centres (1) At each voting centre (other than a mobile voting centre), voting must be conducted as follows: (a) before any vote is taken the officer in charge must show each ballot box empty and then securely seal it closed; (b) voting must open at 8 am and not close until all electors present in the voting centre at 6 pm and desiring to vote have voted; (c) the voting centre must be closed at 6 pm and no person is to be admitted after that time for voting. (2) However, the officer in charge of an early voting centre need only comply with subsection (1)(a). (3) Subsections (4) and (5) apply to the conduct of voting at mobile voting centres. (4) At the first mobile voting centre visited by an authorised officer, the officer must: (a) before any vote is taken, show the ballot box empty and then securely seal it closed; and (b) at the close of voting at that place, seal the cleft of the ballot box. -- 62 of 206 -- Part 6 Voting Division 7 Miscellaneous provisions Electoral Act 2004 47 (5) At mobile voting centres later visited by the officer: (a) the officer must: (i) before any vote is taken, open the cleft of the ballot box; and (ii) at the close of voting at that place, seal the cleft of the ballot box; and (b) if it is necessary to use another ballot box – subsection (4) and paragraph (a) apply to the ballot box. 87 Assistance to certain voters (1) A voter who is unable to vote may be assisted in voting if the voter would otherwise be unable to vote. (2) An assistant must be a nominee of the voter or, if there is no nominee, an officer. (3) An assistant may enter a voting compartment to assist a voter to vote, but an officer must not do so except in the presence of: (a) a scrutineer; or (b) if no scrutineer is present – another officer. (4) Subject to subsection (3), an assistant may assist a voter in any of the following ways: (a) by acting as an interpreter; (b) for a declaration vote – by completing, or assisting the voter to complete, the declaration; (ba) for a postal vote – by placing the ballot paper in the envelope bearing the postal vote certificate, sealing the envelope and sending the envelope to the Commission; (c) by explaining the ballot paper and the requirements of this Act relating to its marking; (d) by marking, or assisting the voter to mark, the ballot paper at the voter's direction; (e) by folding the ballot paper and placing it in a ballot box or declaration envelope, or giving it to an officer, as required by this Act. -- 63 of 206 -- Part 6 Voting Division 7 Miscellaneous provisions Electoral Act 2004 48 88 Assistance to voters unable to enter voting centre (1) This section applies if the officer in charge of a voting centre is satisfied a voter cannot enter the voting centre because of a physical or other disability, illness, advanced pregnancy or another condition. (2) The voter may vote outside the voting centre, but close to the voting centre, and may be assisted in voting. (3) Before allowing the voter to vote outside the voting centre, the officer in charge must: (a) tell any scrutineers at the voting centre that the voter is to vote outside the voting centre; and (b) allow, from the scrutineers present, one scrutineer for each candidate to be present when the voter votes. (4) The voter must: (a) mark his or her vote on the ballot paper in the presence of the officer in charge; and (b) fold the ballot paper to conceal the names of the candidates; and (c) give the ballot paper to the officer in charge. (5) The voter must be allowed to mark his or her vote on the ballot paper in private. (6) If the voter is casting an ordinary vote, the officer in charge must ensure the folded ballot paper is placed in the ballot box at the voting centre in the presence of any scrutineers who were present when the voter voted. (7) If the voter is casting a declaration vote, the officer in charge must: (a) in the presence of the voter, without unfolding the ballot paper, place the ballot paper in the declaration envelope and seal the envelope; and (b) place the envelope in a ballot box at the voting centre. (8) This section is subject to section 87. -- 64 of 206 -- Part 6 Voting Division 7 Miscellaneous provisions Electoral Act 2004 49 89 Spoilt or discarded ballot paper (1) Subsection (2) applies if an authorised officer at a voting centre: (a) is satisfied a ballot paper given to the officer by a person has been spoilt by mistake or accident; or (b) finds a ballot paper discarded at the voting centre. (2) The officer must: (a) cancel the ballot paper by writing "spoilt" or "discarded" on it; and (b) place the ballot paper in an envelope, seal the envelope and endorse the envelope with a statement of its contents; and (c) for a spoilt ballot paper – issue to the person an unused ballot paper. (3) As soon as practicable after the close of voting, the officer must place all envelopes mentioned in subsection (2)(b) with unused ballot papers. 90 Dealing with ballot boxes and electoral papers (1) At the close of voting, the officer in charge of a voting centre must, in the presence of any scrutineers: (a) close and seal the ballot boxes containing ballot papers for ordinary voting or declaration voting; and (b) parcel and seal all unused ballot papers and the envelopes mentioned in section 89(3); and (c) parcel and seal all other electoral papers used at the voting centre. (2) The officer must send the things mentioned in subsection (1) to the Commission or, if directed by the Commission, to the officer in charge of a scrutiny centre for scrutiny under Part 7. (3) However, subsections (1)(a) and (2) do not apply to ballot boxes if the voting centre is a scrutiny centre and scrutiny under Part 7 is proceeded with immediately after the close of voting at the voting centre. -- 65 of 206 -- Part 6 Voting Division 7 Miscellaneous provisions Electoral Act 2004 50 91 Adjournment of voting (1) The officer in charge of a voting centre may adjourn voting at the place on election day if because of riot, violence, fire, storm, flood or another similar event it is not practicable to proceed with voting. (2) If, under subsection (1), the officer in charge of a voting centre adjourns voting at the place, the officer must immediately notify the Commission. (3) The Commission must decide a day (that is as soon as practicable, but no later than 21 days, after the adjournment) as the day when voting is to resume if the Commission reasonably believes it is not reasonably practicable for an elector affected by the adjournment to cast a vote at another voting centre. (4) If it is impracticable to resume the voting at the same voting centre, the Commission must decide the voting centre where voting may be resumed. (5) The Commission must, as soon as practicable, give the public notice that is reasonable in the circumstances of the adjournment and any decision under subsection (3) or (4). (6) On the resumption of voting, only an elector who was entitled to vote on the day when voting for the election for the division was required to be held and who has not already voted is entitled to vote. 92 Employee wishing to vote (1) On notice by an employee before an election day, the employee's employer must allow the employee, without penalty or any disproportionate deduction of pay, to take any necessary leave (not exceeding 2 hours) for the purpose of voting. (2) However, subsection (1) does not apply if the employee's absence may cause danger or substantial loss. (3) An employee must not notify an employer under subsection (1) unless the employee genuinely intends to vote during the leave to be granted for the purpose of voting. Maximum penalty: 5 penalty units. -- 66 of 206 -- Part 7 The Scrutiny Division 2 Formality of ballot papers and related matters Electoral Act 2004 51 Part 7 The Scrutiny Division 1 Preliminary 93 How scrutiny carried out (1) The result of voting at an election must be determined by scrutiny in accordance with this Part. (2) Proceedings at the scrutiny must be open to the inspection of scrutineers and other persons approved by the officer in charge of a scrutiny centre. (3) The officer in charge of a scrutiny centre may from time to time adjourn the scrutiny at the centre. Division 2 Formality of ballot papers and related matters 94 Informal ballot paper (1) A ballot paper is informal unless it is: (a) printed by a person or body authorised under section 40(4) or created for this Act by an officer and initialled by an officer; and (b) marked in accordance with section 50. (1A) A ballot paper is also informal if an authorised officer is satisfied that the voter can be identified because of a mark or other writing on it. (2) For section 50(2), a voter is taken to have indicated the voter's order of preferences for all the candidates on a ballot paper in the circumstances mentioned in subsection (3), (3A) or (3B). (3) If there are only 2 candidates and the voter placed a mark in one candidate square and either placed a "2" in the remaining candidate square or left it blank: (a) the candidate whose candidate square is marked is the voter's first preference; and (b) the other candidate is the voter's last preference. -- 67 of 206 -- Part 7 The Scrutiny Division 2 Formality of ballot papers and related matters Electoral Act 2004 52 (3A) If there are 3 or more candidates and the voter placed a mark in one candidate square and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares: (a) the candidate whose candidate square is marked is the voter's first preference; and (b) the number placed in each other candidate square indicates the voter's order of preference for the remaining candidates. (3B) If there are 3 or more candidates and the voter placed a mark in one candidate square, left one candidate square blank and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares: (a) the candidate whose candidate square is marked is the voter's first preference; and (b) the candidate whose candidate square is left blank is the voter's last preference; and (c) the number placed in each other candidate square indicates the voter's order of preferences between the first and last preference. (4) A ballot paper is not informal merely because: (a) the name of the division appearing on the ballot paper is wrong or has been omitted from the ballot paper if the names of all candidates for the division are on the ballot paper; or (b) the surname only of a candidate is written on the ballot paper if no other candidate has the same surname; or (c) a mistake is made in the spelling of a candidate's name if an authorised officer is satisfied there is no doubt about the identity of the candidate; or (d) the name of a registered party is omitted from the ballot paper or is wrong or a mistake is made in the spelling of the name. (5) Subject to this section, a ballot paper must be given effect according to the voter's intention so far as the voter's intention is clear. -- 68 of 206 -- Part 7 The Scrutiny Division 2 Formality of ballot papers and related matters Electoral Act 2004 53 (6) In this section: mark means a single "1", tick, cross or any other writing or mark that indicates the voter's intention. 95 Certain ballot papers not counted Despite another provision of this Part, a ballot paper must not be counted and must be treated as a discarded ballot paper if it is received by the Commission other than in: (a) for a postal vote – the envelope bearing the postal vote certificate; or (b) for a vote cast under section 57, 72 or 74 – the envelope in which the ballot paper is placed under that section. 96 Certain postal ballot papers not counted (1) Despite another provision of this Part, a postal ballot paper must not be counted unless: (a) the vote marked on the ballot paper is marked before 6 pm on election day; and (b) the ballot paper is either: (i) delivered to an authorised officer before the close of voting on election day; or (ii) if not delivered to an authorised officer before the close of voting on election day, received by the Commission before 12 noon on the second Friday following election day. (2) In the absence of evidence to the contrary, the time and date appearing in the postal vote certificate on an envelope containing an elector's postal ballot paper is taken to be the time and date on which the elector's vote was marked on the ballot paper. 97 Dealing with certain votes for absent voters (1) This section applies if the officer in charge of a scrutiny centre finds an unenclosed absent ballot paper in a ballot box at a voting centre. (2) The officer must not reject the ballot paper from scrutiny merely because it is unenclosed. -- 69 of 206 -- Part 7 The Scrutiny Division 3 Ordinary votes Electoral Act 2004 54 (3) The officer must: (a) place the ballot paper in an envelope bearing the name of the division and the name of the voting centre; and (b) send it to the Commission or the authorised officer directed by the Commission. (4) In this section: absent ballot paper means a ballot paper issued under Part 6, Division 3, Subdivision 1 or Part 6, Division 5, Subdivision 2. unenclosed, for an absent ballot paper, means the ballot paper is not contained in an envelope bearing the name of the division stated on the ballot paper. Division 3 Ordinary votes 98 Initial dealing with ballot papers (1) As soon as practicable after the close of voting for an election, the officer in charge of a scrutiny centre must: (a) open the ballot boxes under the officer's control; and (b) set aside all informal ballot papers, count them and place them in a parcel; and (c) arrange all formal ballot papers under the names of each candidate for whom the first preference vote on the ballot papers was cast; and (d) count the first preference votes given for each candidate on formal ballot papers; and (e) make and sign a statement stating the number of: (i) votes cast as first preference votes for each candidate; and (ii) informal votes; and (f) place all formal ballot papers mentioned in paragraph (c) in separate parcels according to the candidate for whom the first preference vote was cast; and (g) seal the parcels mentioned in paragraphs (b) and (f) and endorse on each parcel a statement of its contents; and -- 70 of 206 -- Part 7 The Scrutiny Division 3 Ordinary votes Electoral Act 2004 55 (h) send all the parcels and the statement to the Commission or the authorised officer directed by the Commission. (2) A candidate's scrutineer may sign any of the following: (a) the statement mentioned in subsection (1)(e); (b) a sealed parcel mentioned in subsection (1)(g). 99 Check count of ordinary votes (1) This section applies to the parcels of ballot papers sent to the Commission or an authorised officer under section 98(1)(h). (2) An authorised officer must: (a) open the parcels and remove all the ballot papers; and (b) set aside all informal ballot papers, count them and place them in a parcel; and (c) arrange all formal ballot papers under the names of each candidate for whom the first preference vote on the ballot papers was cast; and (d) count the first preference votes given for each candidate on formal ballot papers; and (e) place all formal ballot papers mentioned in paragraph (c) in separate parcels according to the candidate for whom the first preference vote was cast; and (f) seal the parcels mentioned in paragraphs (b) and (e) and endorse on each parcel a statement of its contents; and (g) make any necessary amendments to the statement mentioned in section 98(1)(e). (3) A candidate's scrutineer may sign any of the following: (a) a sealed parcel mentioned in subsection (2)(f); (b) the amended statement mentioned in subsection (2)(g). -- 71 of 206 -- Part 7 The Scrutiny Division 4 Certain votes cast on election day and declaration votes cast by unenrolled voters at early voting centres Subdivision 2 Votes cast by certain persons absent from division Electoral Act 2004 56 Division 4 Certain votes cast on election day and declaration votes cast by unenrolled voters at early voting centres Subdivision 1 Preliminary 100 Application of Division This Division applies to voting papers issued under: (a) Part 6, Division 3; or (b) Part 6, Division 5, Subdivision 3. 101 Initial dealing with certain voting papers (1) This section applies to voting papers issued under Part 6, Division 3. (2) As soon as practicable after the close of voting for the election, the officer in charge of a scrutiny centre must: (a) sort the voting papers from the ballot boxes at the centre into each division; and (b) place the voting papers in a parcel, seal the parcel and endorse on it a statement of its contents; and (c) send the parcel to the Commission or the authorised officer directed by the Commission. (3) A candidate's scrutineer may sign the sealed parcel. Subdivision 2 Votes cast by certain persons absent from division 102 Application of Subdivision This Subdivision applies to voting papers: (a) issued under Part 6, Division 3, Subdivision 1; and (b) sent to the Commission or an authorised officer under section 97(3)(b) or 101(2)(c). -- 72 of 206 -- Part 7 The Scrutiny Division 4 Certain votes cast on election day and declaration votes cast by unenrolled voters at early voting centres Subdivision 3 Declaration votes cast by unenrolled voters Electoral Act 2004 57 103 Examination of ballot papers (1) For each division, an authorised officer must: (a) open the parcels and remove the unopened envelopes containing ballot papers; and (b) take the ballot paper out of the envelope; and (c) place the envelope in a parcel with all other envelopes from which ballot papers have been taken under paragraph (b). (2) The officer must seal the parcel mentioned in subsection (1)(c) and endorse on it a statement of its contents. (3) A candidate's scrutineer may sign the sealed parcel. Subdivision 3 Declaration votes cast by unenrolled voters 104 Application of Subdivision This Subdivision applies to declaration voting papers: (a) issued under: (i) Part 6, Division 3, Subdivision 2 to persons to whom section 56(1)(b)(i) applies; or (ii) Part 6, Division 5, Subdivision 3; and (b) sent to the Commission or an authorised officer under section 76(2)(f), 101(2)(c) or 116(e). 105 Examination of declaration ballot papers (1) For each division, an authorised officer must: (a) open the parcels and remove the unopened envelopes containing declaration ballot papers; and (b) examine each envelope. (2) Subsection (3) applies if the officer is satisfied: (a) the declaration on the envelope is properly signed and witnessed; and (b) the person who made the declaration is entitled to vote. -- 73 of 206 -- Part 7 The Scrutiny Division 4 Certain votes cast on election day and declaration votes cast by unenrolled voters at early voting centres Subdivision 4 Declaration votes cast by voters marked on roll as already voted Electoral Act 2004 58 (2A) For subsection (2)(b), the officer may have regard to a roll or extract as in force at an earlier time and any other matters the officer considers appropriate. (3) The officer must: (a) if the person's name: (i) is on the officer's certified list of voters for the division – place a mark against the person's name on the list; or (ii) is not on the officer's certified list of voters for the division but the person is entitled to be enrolled for that division under Part VIII of the Commonwealth Act – make a record of that entitlement; and (b) take the ballot paper out of the envelope; and (c) place the envelope in a parcel with all other envelopes from which ballot papers have been taken under paragraph (b). (4) If the officer is not satisfied of the matters mentioned in subsection (2), the officer must: (a) exclude the ballot paper from further scrutiny without opening the envelope in which it is contained; and (b) place the unopened envelopes in a parcel. (5) The officer must seal the parcels mentioned in subsections (3)(c) and (4)(b) and endorse on each parcel a statement of its contents. (6) A candidate's scrutineer may sign a sealed parcel. Subdivision 4 Declaration votes cast by voters marked on roll as already voted 106 Application of Subdivision This Subdivision applies to voting papers: (a) issued under Part 6, Division 3, Subdivision 2 to persons to whom section 56(1)(b)(ii) or (2) applies; and (b) sent to the Commission or an authorised officer under section 101(2)(c). -- 74 of 206 -- Part 7 The Scrutiny Division 4 Certain votes cast on election day and declaration votes cast by unenrolled voters at early voting centres Subdivision 5 Counting declaration and absent votes Electoral Act 2004 59 107 Examination of declaration ballot papers (1) For each division, an authorised officer must: (a) open the parcels and remove the unopened envelopes containing declaration ballot papers; and (b) examine each envelope. (2) Subsection (3) applies if the officer: (a) is satisfied the declaration on the envelope is properly signed and witnessed; and (b) accepts the declaration. (3) The officer must: (a) take the ballot paper out of the envelope; and (b) place the envelope in a parcel with all other envelopes from which ballot papers have been taken under paragraph (a). (4) If the officer is not satisfied of the matters mentioned in subsection (2), the officer must: (a) exclude the ballot paper from further scrutiny without opening the envelope in which it is contained; and (b) place the unopened envelopes in a parcel. (5) The officer must seal the parcels mentioned in subsections (3)(b) and (4)(b) and endorse on each parcel a statement of its contents. (6) A candidate's scrutineer may sign a sealed parcel. Subdivision 5 Counting declaration and absent votes 108 Initial count of votes (1) This section applies to the ballot papers mentioned in sections 103(1)(b), 105(3)(b) and 107(3)(a). (2) An authorised officer must: (a) set aside all informal ballot papers, count them and place them in a parcel; and -- 75 of 206 -- Part 7 The Scrutiny Division 4 Certain votes cast on election day and declaration votes cast by unenrolled voters at early voting centres Subdivision 5 Counting declaration and absent votes Electoral Act 2004 60 (b) arrange all formal ballot papers under the names of each candidate for whom the first preference vote on the ballot papers was cast; and (c) count the first preference votes given for each candidate on formal ballot papers; and (d) place all formal ballot papers mentioned in paragraph (b) in separate parcels according to the candidate for whom the first preference vote was cast; and (e) seal the parcels mentioned in paragraphs (a) and (d) and endorse on each parcel a statement of its contents; and (f) make and sign a statement stating the number of: (i) votes cast as first preference votes for each candidate; and (ii) informal votes. (3) A candidate's scrutineer may sign any of the following: (a) a sealed parcel mentioned in subsection (2)(e); (b) the statement mentioned in subsection (2)(f). 109 Check count of votes (1) This section applies to the parcels of ballot papers mentioned section 108(2)(e). (2) An authorised officer must: (a) open the parcels and remove all the ballot papers; and (b) set aside all informal ballot papers, count them and place them in a parcel; and (c) arrange all formal ballot papers under the names of each candidate for whom the first preference vote on the ballot papers was cast; and (d) count the first preference votes given for each candidate on formal ballot papers; and (e) place all formal ballot papers mentioned in paragraph (c) in separate parcels according to the candidate for whom the first preference vote was cast; and -- 76 of 206 -- Part 7 The Scrutiny Division 5 Postal votes Subdivision 1 Dealing with postal voting papers before the end of election day Electoral Act 2004 61 (f) seal the parcels mentioned in paragraphs (b) and (e) and endorse on each parcel a statement of its contents; and (g) make any necessary amendments to the statement mentioned in section 108(2)(f). (3) A candidate's scrutineer may sign any of the following: (a) a sealed parcel mentioned in subsection (2)(f); (b) the amended statement mentioned in subsection (2)(g). Division 5 Postal votes Subdivision 1 Dealing with postal voting papers before the end of election day 110 Receipt of postal voting papers On receipt of postal voting papers for a division, the Commission must: (a) note on the envelope bearing the elector's postal vote certificate and containing the declaration ballot paper for the division, the day and time of receipt; and (b) give the ballot papers to an authorised officer for the division. 111 Checking postal voting papers (1) An authorised officer for the division must compare the signature of the elector on the elector's postal vote certificate with the signature of the elector on the elector's application: (a) under the Commonwealth Act for registration as a general postal voter; or (b) under section 60 for postal voting papers. (2) Subsection (3) applies if the officer is satisfied: (a) the elector's postal vote certificate is signed and the elector's signature on the certificate is that of the elector who signed the application; and (c) the vote marked on the declaration ballot paper contained in the envelope purports to have been cast before 6 pm on election day. -- 77 of 206 -- Part 7 The Scrutiny Division 5 Postal votes Subdivision 2 Scrutiny of postal voting papers Electoral Act 2004 62 (3) The officer must place the envelope unopened in a locked or sealed ballot box marked "Postal Ballot Box". (4) If the officer is not satisfied of the matters mentioned in subsection (2), the officer must mark the unopened envelope with the word "rejected" before placing it in the Postal Ballot Box. Subdivision 2 Scrutiny of postal voting papers 112 Initial dealing with postal voting papers after close of voting (1) At the times the officer in charge of a scrutiny centre considers practicable after the close of voting for an election, the officer must: (a) open the Postal Ballot Box and remove the unopened envelopes containing declaration ballot papers received not later than 12 noon on the second Friday following election day; and (b) allow candidates' scrutineers to inspect each envelope bearing an elector's postal vote certificate marked "rejected" and then: (i) exclude the declaration ballot papers contained in those envelopes from further scrutiny; and (ii) place the envelopes, unopened, in a parcel; and (c) take the declaration ballot paper from the envelope admitted to scrutiny without inspecting or unfolding it or allowing any other person to do so; and (d) place the envelope in a parcel with all other envelopes from which ballot papers have been taken under paragraph (c); and (e) seal the parcels mentioned in paragraphs (b)(ii) and (d) and endorse on each parcel a statement of its contents. (2) A candidate's scrutineer may sign a sealed parcel. 113 Initial count of postal votes (1) This section applies to the declaration ballot papers mentioned in section 112(1)(c). (2) An authorised officer must: (a) set aside all informal ballot papers, count them and place them in a parcel; and -- 78 of 206 -- Part 7 The Scrutiny Division 5 Postal votes Subdivision 2 Scrutiny of postal voting papers Electoral Act 2004 63 (b) arrange all formal ballot papers under the names of each candidate for whom the first preference vote on the ballot papers was cast; and (c) count the first preference votes given for each candidate on formal ballot papers; and (d) make and sign a statement stating the number of: (i) votes cast as first preference votes for each candidate; and (ii) informal votes; and (e) place all formal ballot papers mentioned in paragraph (b) in separate parcels according to the candidate for whom the first preference vote was cast; and (f) seal the parcels mentioned in paragraphs (a) and (e) and endorse on each parcel a statement of its contents. (3) A candidate's scrutineer may sign any of the following: (a) the statement mentioned in subsection (2)(d); (b) a sealed parcel mentioned in subsection (2)(f). 114 Check count of postal votes (1) This section applies to the parcels of declaration ballot papers mentioned section 113(2)(f). (2) An authorised officer must: (a) open the parcels and remove all the ballot papers; and (b) set aside all informal ballot papers, count them and place them in a parcel; and (c) arrange all formal ballot papers under the names of each candidate for whom the first preference vote on the ballot papers was cast; and (d) count the first preference votes given for each candidate on formal ballot papers; and (e) place all formal ballot papers mentioned in paragraph (c) in separate parcels according to the candidate for whom the first preference vote was cast; and -- 79 of 206 -- Part 7 The Scrutiny Division 6 Votes cast at early voting centres Subdivision 1 Preliminary Electoral Act 2004 64 (f) seal the parcels mentioned in paragraphs (a) and (e) and endorse on each parcel a statement of its contents; and (g) make any necessary amendments to the statement mentioned in section 113(2)(d). (3) A candidate's scrutineer may sign any of the following: (a) a sealed parcel mentioned in subsection (2)(f); (b) the amended statement mentioned in subsection (2)(g). Division 6 Votes cast at early voting centres Subdivision 1 Preliminary 115 Application of Division This Division applies to voting papers issued under Part 6, Division 5. 116 Initial dealing with ballot boxes (1) As soon as practicable after the close of voting for the election, an authorised officer must: (a) open the ballot boxes sent to the Commission or officer in charge of a scrutiny centre under section 75(2)(b) and remove the contents; and (b) sort the contents into: (i) ballot papers completed by electors for each division in the region in which the early voting centre is situated; and (ii) envelopes containing ballot papers by electors for each division in other regions; and (iii) envelopes containing declaration ballot papers completed by unenrolled persons; and (c) place the envelopes mentioned in paragraphs (b)(ii) and (iii) in separate parcels; and (d) seal the parcels and endorse on them a statement of their contents; and (e) if the scrutiny centre is not at the Commission's office – send the sealed parcels to the Commission. -- 80 of 206 -- Part 7 The Scrutiny Division 6 Votes cast at early voting centres Subdivision 2 Votes cast for enrolled divisions at early voting centres Electoral Act 2004 65 (2) A candidate's scrutineer may sign a sealed parcel. Subdivision 2 Votes cast for enrolled divisions at early voting centres 117 Application of Subdivision This Subdivision applies to the ballot papers mentioned in section 116(1)(b)(i). 118 Initial count of votes (1) An authorised officer for the division must: (a) set aside all informal ballot papers, count them and place them in a parcel; and (b) arrange all formal ballot papers under the names of each candidate for whom the first preference vote on the ballot papers was cast; and (c) count the first preference votes given for each candidate on formal ballot papers; and (d) make and sign a statement stating the number of: (i) votes cast as first preference votes for each candidate; and (ii) informal votes; and (e) place all formal ballot papers mentioned in paragraph (b) in separate parcels according to the candidate for whom the first preference vote was cast; and (f) seal the parcels mentioned in paragraphs (a) and (e) and endorse on each parcel a statement of its contents; and (g) send all the parcels and statements to the Commission or the authorised officer directed by the Commission. (2) A candidate's scrutineer may sign any of the following: (a) the statement mentioned in subsection (1)(d); (b) a sealed parcel mentioned in subsection (1)(f). -- 81 of 206 -- Part 7 The Scrutiny Division 6 Votes cast at early voting centres Subdivision 3 Votes cast for divisions in other regions at early voting centres Electoral Act 2004 66 Subdivision 3 Votes cast for divisions in other regions at early voting centres 119 Application of Subdivision This Subdivision applies to: (a) the parcels of envelopes containing ballot papers issued under Part 6, Division 5, Subdivision 2 and sent to the Commission or an authorised officer under section 76(2)(f); and (b) the parcels of envelopes mentioned in section 116(1)(b)(ii). 120 Examination of ballot papers (1) For each division, an authorised officer must: (a) open the parcels and remove the unopened envelopes containing ballot papers; and (b) take the ballot paper out of the envelope; and (c) place the envelope in a parcel with all other envelopes from which ballot papers have been taken under paragraph (b). (2) The officer must seal the parcel mentioned in subsection (1)(c) and endorse on it a statement of its contents. (3) A candidate's scrutineer may sign the sealed parcel. 121 Initial count of votes (1) This section applies to the ballot papers mentioned in section 120(1)(b). (2) An authorised officer must: (a) set aside all informal ballot papers, count them and place them in a parcel; and (b) arrange all formal ballot papers under the names of each candidate for whom the first preference vote on the ballot papers was cast; and (c) count the first preference votes given for each candidate on formal ballot papers; and (d) make and sign a statement stating the number of: (i) votes cast as first preference votes for each candidate; and -- 82 of 206 -- Part 7 The Scrutiny Division 6 Votes cast at early voting centres Subdivision 4 Check count of certain votes cast at early voting centres Electoral Act 2004 67 (ii) informal votes; and (e) place all formal ballot papers mentioned in paragraph (b) in separate parcels according to the candidate for whom the first preference vote was cast; and (f) seal the parcels mentioned in paragraphs (a) and (e) and endorse on each parcel a statement of its contents. (3) A candidate's scrutineer may sign any of the following: (a) the statement mentioned in subsection (2)(d); (b) a sealed parcel mentioned in subsection (2)(f). Subdivision 4 Check count of certain votes cast at early voting centres 122 Check count of votes (1) This section applies to the parcels of ballot papers for which an initial count has been conducted under section 118 or 121. (2) An authorised officer must: (a) open the parcels and remove all the ballot papers; and (b) set aside all informal ballot papers, count them and place them in a parcel; and (c) arrange all formal ballot papers under the names of each candidate for whom the first preference vote on the ballot papers was cast; and (d) count the first preference votes given for each candidate on formal ballot papers; and (e) place all formal ballot papers mentioned in paragraph (c) in separate parcels according to the candidate for whom the first preference vote was cast; and (f) seal the parcels mentioned in paragraphs (b) and (e) and endorse on each parcel a statement of its contents; and (g) make any necessary amendments to the statement mentioned in section 118(1)(d) or 121(2)(d). (3) A candidate's scrutineer may sign any of the following: (a) a sealed parcel mentioned in subsection (2)(f); -- 83 of 206 -- Part 7 The Scrutiny Division 7 Determining and declaring result of election Electoral Act 2004 68 (b) the amended statement mentioned in subsection (2)(g). Division 7 Determining and declaring result of election 123 Interim distribution of preference votes (1) This section applies if, after 6 pm on election day, the Commission considers it is appropriate to gain an indication of the candidate most likely to be elected for a division. (2) The Commission may arrange for officers to conduct, in the way decided by the Commission, an interim distribution of preference votes in the division. (3) The interim distribution is of no effect for declaring the result of the election. 124 Part counting of votes (1) It is not necessary for an authorised officer to receive all envelopes containing ballot papers before proceeding to deal with the ballot papers under this Part. (2) However, sufficient unopened envelopes containing postal votes must be kept in the Postal Ballot Box to ensure the ballot papers when taken from the envelopes for counting are sufficient in number to ensure the secrecy of the ballot is maintained. 125 Objections by candidate's scrutineer (1) A candidate's scrutineer may object to the admission or rejection of a ballot paper as a formal ballot paper. (2) The objection must be made to the officer conducting the scrutiny. (3) The officer must decide the objection by admitting or rejecting the ballot paper the subject of the objection as a formal ballot paper and must mark the ballot paper "admitted" or "rejected" according to the decision. (4) This section does not prevent the officer from rejecting a ballot paper as being informal even though no objection is made to it. 126 Determination of first preference votes An authorised officer for a division must, from the statements or amended statements mentioned in sections 99, 109, 114 and 122 and the result of the scrutiny of votes counted by officers, determine the number of first preference votes cast for each candidate for the division. -- 84 of 206 -- Part 7 The Scrutiny Division 7 Determining and declaring result of election Electoral Act 2004 69 127 Declaration of election The candidate who receives more than 50% of the first preference votes determined under section 126 must be declared by the Commission to be returned as elected for the division. 128 Further scrutiny to be conducted (1) If a declaration cannot be made under section 127, an authorised officer for the division must: (a) open all parcels containing formal ballot papers for the division; and (b) subject to subsection (2), continue the scrutiny in accordance with this Part. (2) The officer must: (a) conduct a second count and for that purpose exclude from consideration the candidate for whom the fewest number of first preference votes has been cast and count the votes cast in favour of that candidate to the candidate next in order of the voter's preference, if any; and (b) if no candidate then has more than 50% of the formal votes then remaining in the count – follow the process of excluding from consideration the candidate who has the fewest number of votes and counting the votes cast in favour of that candidate to the unexcluded candidate next in the order of the voter's preference, if any until one candidate has received more than 50% of the formal votes then remaining in the count. (3) However, if there are 2 or more candidates with the fewest number of votes and one of them is to be excluded from the count, the officer must decide by lot the candidate to be excluded. (4) In addition, if there are 2 candidates remaining in the count having the same number of formal votes cast in their favour, the Commission must: (a) under section 130, direct an authorised officer for the division to recount all ballot papers; and (b) if, after the recount, the candidates have an equal number of formal votes cast in their favour – decide by lot the successful candidate. -- 85 of 206 -- Part 7 The Scrutiny Division 7 Determining and declaring result of election Electoral Act 2004 70 (5) After complying with subsections (1), (2), (3) and (4), the officer must: (a) make and sign a statement stating the results of the scrutiny to that point; and (b) give the statement to the Commission; and (c) keep a copy of the statement. (6) The candidate decided under subsection (2) or (4) must be declared by the Commission to be returned as elected. (7) The officer must, on completing the scrutiny: (a) place all formal votes in separate parcels; and (b) seal the parcels and endorse on each parcel a statement of its contents; and (c) allow any candidate's scrutineers present, if they desire, to sign each parcel. 129 Early declaration of elected candidate (1) The Commission may declare a candidate to be elected for a division if satisfied any uncounted ballot papers cannot, because of the number of them, affect the outcome of the scrutiny. (2) For subsection (1), uncounted ballot papers are: (a) ballot papers that have not been received by an authorised officer for the division; or (b) ballot papers for the division that have not been subject to scrutiny under this Part. 130 Recount (1) The Commission may, at any time before a candidate is declared to be elected, direct an authorised officer for a division to recount any ballot papers placed in a parcel under this Part. (2) The Commission may give the direction: (a) on receipt of a written request by a candidate stating the reasons for it; or (b) on the Commission's own initiative. -- 86 of 206 -- Part 7 The Scrutiny Division 8 Miscellaneous provisions Electoral Act 2004 71 (3) This Part applies to the recount and any decision made earlier in the scrutiny relating to the admission or rejection of a ballot paper as a formal ballot paper may be reversed. (4) The officer must, if required by a candidate's scrutineer, refer any question relating to the formal or informal nature of a ballot paper to the Commission. (5) The Commission must decide the question. 131 Declaration of result of election (1) As soon as practicable after the results of an election have been determined, the Commission must publicly declare the results of the election and the name of the candidate returned as elected. (2) However, if the successful candidate for election for a division dies after election day but before the declaration, the Commission must not declare the candidate returned as elected for the division. (3) Subsection (2) applies despite sections 127 and 128(6). 132 Preference distribution for information purposes After a candidate is declared as elected for a division, the Commission may require an authorised officer to examine the second and later preferences of candidates, and the distribution of the preferences, for information and research purposes. Division 8 Miscellaneous provisions 133 Return of writ The Commission must, after declaring a candidate returned as elected: (a) endorse on the writ for the election the name of the candidate; and (b) return the writ to the Administrator; and (c) keep a copy of the writ. 134 Extension of time (1) If the Administrator is satisfied there is a difficulty relating to an election, the Administrator may, by Gazette notice, within 15 days before or after election day: (a) extend the time for holding the election; or -- 87 of 206 -- Part 8 Redistributions Division 1 Preliminary Electoral Act 2004 72 (b) extend the time for the return of the writ. (2) The Commission must give public notice of the extension of time in the division to which the extension relates. (3) This section applies despite anything to the contrary in section 23 or 26A but otherwise is subject to section 17(2) of the Self Government Act. 135 Failure of election An election fails if: (a) no candidate is declared under section 37; or (b) a candidate dies on or before election day; or (c) no candidate is returned as elected. 136 Issue of writ for failed election (1) If an election fails, the Administrator must, as soon as practicable, issue a new writ for an election. (2) The roll prepared for the failed election must be used for the election under the new writ. Part 8 Redistributions Division 1 Preliminary 137 How notices are to be published A notice required under this Part to be published in accordance with this section must be published in: (a) the Gazette; and (b) a newspaper circulating generally in the Territory; and (c) any regional newspaper, circulating in a part of the Territory, that the Redistribution Committee considers appropriate. 138 When redistribution to be conducted (1) A redistribution must be conducted in accordance with this Part: (a) after each general election; and (b) after each extraordinary general election. -- 88 of 206 -- Part 8 Redistributions Division 2 Object of redistribution and related matters Electoral Act 2004 73 (2) For subsection (1)(a), the redistribution process must: (a) start as soon as practicable after 2 years and 6 months after election day for the general election; and (b) be completed as soon as practicable. (2A) For subsection (1)(b), the redistribution must: (a) start as soon as practicable after 1 year and 6 months after election day for the extraordinary general election; and (b) be completed as soon as practicable. (3) In addition, the Administrator may at any time after the period mentioned in subsection (2)(a), by Gazette notice, direct a redistribution be conducted in accordance with this Part if the number of electors in a division exceeds, or falls short of, the quota mentioned in section 13(4) of the Self-Government Act by more than one-fifth of the quota. Division 2 Object of redistribution and related matters 139 Object of redistribution The object of a redistribution is to ensure that, at the time of the next general election, the number of electors in each proposed division is as near to equal as practicable. 139A Principles of redistribution To satisfy the object of redistribution, the Redistribution Committee must have regard to the following principles: (a) the physical area of a division containing rural and remote areas should be as small as practicable; (b) the demographic characteristics of a division should be as uniform as practicable; (c) the geographic features of a division should be as uniform as practicable; (d) each identifiable community should be included in only one division if practicable; (e) subject to paragraphs (a) to (d), changes to existing divisions should minimise the number of electors being transferred from one division to another. -- 89 of 206 -- Part 8 Redistributions Division 2 Object of redistribution and related matters Electoral Act 2004 74 139B Naming of division during redistribution (1) The name of a division must not be changed by a redistribution unless the existing name is no longer appropriate. (2) If a new name is proposed for a division, the use of locality names should be avoided. 140 Matters to be considered in redistribution (1) For achieving the object of a redistribution, the Redistribution Committee must ensure each proposed division contains a number of electors not exceeding, or falling short of, the quota mentioned in section 13(4) of the Self-Government Act by more than one-fifth of the quota. (2) In addition, the Redistribution Committee must give proper consideration to the following matters: (a) community of interests in each proposed division, including economic, social and regional interests; (b) types of communication and travel in each proposed division, with special reference to disabilities arising out of remoteness or distance; (c) the trend of population changes in the Territory; (d) the density of population in each proposed division; (e) the area of each proposed division; (f) the physical features of each proposed division; (g) the existing boundaries of the following: (i) divisions; (ii) local government areas and wards under the Local Government Act 2019 and suburbs and towns; (iii) Divisions and Subdivisions under the Commonwealth Act; (iv) areas of Aboriginal Land Councils established by or under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth); (h) all suggestions and comments given under sections 141 and 142. -- 90 of 206 -- Part 8 Redistributions Division 3 Redistribution process Electoral Act 2004 75 Division 3 Redistribution process 140A Definitions In this Division: redistribution process means any action taken under sections 141 to 146. 140B Calculation of quota (1) The Redistribution Committee is responsible for calculating the quota under section 13(4) of the Self-Government Act 1978. (2) The calculation must be done as soon as practicable: (a) after the establishment of the Redistribution Committee; and (b) after the expiry of the 30-day period mentioned in section 145(b). (3) The Redistribution Committee may calculate the quota at any other time during the redistribution process if the Committee is of the opinion that calculating the quota would: (a) improve the accuracy of the redistribution; and (b) achieve the object in section 139. 141 Inviting suggestions (1) The Redistribution Committee must, by notice published in accordance with section 137, invite suggestions relating to the redistribution. (2) The notice must state suggestions are to be given to the Committee in writing within 30 days after the notice is published in the Gazette. 142 Inviting comments on suggestions As soon as practicable after the 30 days mentioned in section 141(2), the Redistribution Committee must: (a) make available for public inspection, without fee, copies of all suggestions given to it within the 30 days; and (b) publish a notice in accordance with section 137: (i) advising of the availability for inspection of the copies of the suggestions; and -- 91 of 206 -- Part 8 Redistributions Division 3 Redistribution process Electoral Act 2004 76 (ii) inviting comment in writing on the suggestions to be given to it within 14 days after the notice is published in the Gazette. 143 Preparing first proposed redistribution (1) As soon as practicable after the 14 days mentioned in section 142(b)(ii), the Redistribution Committee must prepare a first proposed redistribution of the Territory into divisions. (2) The first proposed redistribution must include proposed names for the proposed divisions. 144 Maps showing first proposed redistribution As soon as practicable after the Redistribution Committee has prepared the first proposed redistribution, it must make available for public inspection, without fee, a map or number of maps together showing the names and boundaries of all proposed divisions. 145 Inviting objections against first proposed redistribution The Redistribution Committee must publish a notice in accordance with section 137: (a) advising of the availability for inspection of the map or maps mentioned in section 144; and (b) stating that any objection on the first proposed redistribution must be made in writing to the Redistribution Committee within 30 days after the notice is published in the Gazette. 145A Preparing second proposed redistribution (1) The Redistribution Committee must give proper consideration to all objections made under section 145(b). (2) As soon as practicable after the 30 days mentioned in section 145(b), the Redistribution Committee must prepare the second proposed redistribution of the Territory into divisions. (3) The second proposed redistribution must include proposed names for the proposed divisions. 145B Inviting objections to second proposed redistribution (1) If a second proposed redistribution would result in the sum of the following being greater than 15% of the total number of electors in a division at the time the quota is calculated under section 140B(2)(b), the Redistribution Committee must invite -- 92 of 206 -- Part 8 Redistributions Division 3 Redistribution process Electoral Act 2004 77 objections to the second proposed redistribution: (a) the number of electors added to the division by the second proposed redistribution as compared to the first proposed redistribution; and (b) the number of electors removed from the division by the second proposed redistribution as compared to the first proposed redistribution. (2) Despite subsection (1), the Redistribution Committee is not required to invite objections to the second proposed redistribution if the Redistribution Committee is of the opinion that: (a) holding a second objection period would cause major inconvenience or have other serious consequences, such as causing a delay to a scheduled general election; or (b) the second proposed redistribution is the only feasible option because there has been a natural disaster or another event causing extraordinary demographic movement. Note for subsection (2)(a) A delay to the finalisation of the redistribution process is not of itself a major inconvenience or serious consequence. (3) If, in the opinion of the Redistribution Committee, a second proposed redistribution involves a significant change in a matter to which the Redistribution Committee must give consideration under section 140(2)(a), (c), (e), (f) or (g), the Redistribution Committee may invite objections to the second proposed redistribution. (4) If the Redistribution Committee invites objections to a second proposed redistribution under subsection (1) or (3), the Redistribution Committee must: (a) make available, for public inspection, without fee, a map or number of maps together showing the names and boundaries of all proposed divisions; and (b) publish a notice in accordance with section 137: (i) advising of the availability for inspection of the map or maps mentioned in paragraph (a); and (ii) stating that any objection on the second proposed redistribution must be made in writing to the Redistribution Committee within 14 days after the notice is published in the Gazette. -- 93 of 206 -- Part 8 Redistributions Division 3 Redistribution process Electoral Act 2004 78 146 Considering objections In deciding the redistribution, the Redistribution Committee must give proper consideration to any objections made under section 145B(4)(b)(ii). 147 Deciding redistribution (1) The Redistribution Committee must, by Gazette notice (a redistribution declaration notice), redistribute the Territory into divisions. (1A) A redistribution declaration notice must be published: (a) if the Redistribution Committee invites objections under section 145B – as soon as practicable after the expiry of the 14 days mentioned in section 145B(4)(b)(ii); or (b) if the Redistribution Committee does not invite objections under section 145B – as soon as practicable after the expiry of the 30 days mentioned in section 145(b). (2) The notice must declare: (a) the Territory is redistributed into divisions; and (b) the names and boundaries of the divisions. (3) This section has effect subject to sections 139 and 140. 148 Report about redistribution (1) As soon as practicable after publication of the redistribution declaration notice, the Redistribution Committee must prepare a report about the redistribution (a redistribution report). (2) The report must: (a) include details of all suggestions, comments and objections given or made under this Part; and (b) contain a map or number of maps together showing the names and boundaries of all divisions; (c) state the reasons for redistributing the Territory into the divisions set out in the redistribution declaration notice; and (d) state the reasons that the Redistribution Committee did or did not invite objections on the second proposed redistribution under section 145B. -- 94 of 206 -- Part 8 Redistributions Division 4 Miscellaneous provisions Electoral Act 2004 79 (3) The Redistribution Committee must provide the redistribution report to the Commissioner as soon as practicable after the publication of the redistribution declaration notice. (4) The Commissioner must, as soon as practicable after the receipt of the redistribution report: (a) make the report available for public inspection without fee; and (b) give the Speaker a copy of the report. (5) The Speaker must table a copy of the report in the Legislative Assembly within 3 sitting days after the Speaker receives the report. (6) For this section, available for public inspection includes by electronic publication. 150 When redistribution takes effect (1) The redistribution in accordance with the redistribution declaration notice takes effect for the next general election after publication of the notice. (2) However, subsection (1) does not prevent the preparation of the roll for a division in the notice before the next general election. 150A Extraordinary general election during redistribution process If a writ for an extraordinary general election is issued under section 24 or 25 while the redistribution process is underway, the redistribution process ceases and the Redistribution Committee is dissolved as soon as the writ is issued. Division 4 Miscellaneous provisions 151 Decisions are final (1) Despite any other Act, a decision of the Redistribution Committee made, or purporting to be made, under this Part: (a) is final and conclusive; and (b) cannot be challenged, appealed against, reviewed, quashed, set aside or called into question in any court or tribunal on any ground; and (c) is not subject to any proceeding for an injunction, declaration or order for prohibition or mandamus. -- 95 of 206 -- Part 9 Registration of political parties Division 1 Application process for registration and related matters Electoral Act 2004 80 (2) In this section: decision includes a failure to make a decision. Part 9 Registration of political parties Division 1 Application process for registration and related matters 152 Application (1) An eligible political party may apply for registration under this Part. (2) The application must: (a) be made to the Commission in the approved form; and (b) be signed by the secretary of the party; and (c) state the party's name; and (d) state the name and address, and contain a specimen signature, of the person nominated to be the registered officer of the party; and (e) be accompanied by: (i) a statutory declaration by the secretary stating the person nominated to be the registered officer of the party is qualified to be an elector; and (ii) a copy of the party's constitution; and (iii) the application fee of $500. (3) If the application is made by a political party that is registered under the Commonwealth Act, the application must also be accompanied by a statutory declaration by the secretary stating details of the party's registration under that Act. (4) If the application is made by another political party, the application must also be accompanied by: (a) a statutory declaration by the secretary stating at least 200 members of the political party are: (i) electors; and (ii) members under the party's constitution; and -- 96 of 206 -- Part 9 Registration of political parties Division 1 Application process for registration and related matters Electoral Act 2004 81 (iii) not members of another registered party or of a political party applying for registration; and (b) a list, in a form decided by the Commission, of the names and postal addresses of at least 200 members of the political party who meet the requirements in paragraph (a). (5) The Commission may use information obtained under subsection (4)(b) only to verify the party has at least 200 members who are electors. 153 Further information about application (1) For this Part, the Commission may, by written notice, require the applicant to give the Commission, within a reasonable stated period, stated information or a stated document relating to the application. (2) If the applicant does not comply with the notice, the Commission may refuse the application. 154 Notification and publication of application (1) The Commission must give public notice of the application. (2) However, if the application is made by a political party to which section 152(4) applies, the Commission must not give public notice of the application until the Commission has obtained statements from at least 200 members who are electors stating they are members of the political party. (3) The notice must state the following: (a) the political party's name; (b) the name and address of the person nominated to be the registered officer of the party; (c) a copy of the application and the party's constitution are available for public inspection; (d) written objections to the application may be given to the Commission within 14 days after publication of the notice. (4) The Commission must make a copy of the application and the party's constitution available for public inspection from the date of the notice until the end of the 14 days mentioned in subsection (3)(d). -- 97 of 206 -- Part 9 Registration of political parties Division 1 Application process for registration and related matters Electoral Act 2004 82 155 Objections to application and responses (1) An objection to the application must: (a) be in writing; and (b) state the grounds of the objection; and (c) state the objector's name and address; and (d) be signed by the objector; and (e) be given to the Commission within the 14 days mentioned in section 154(3)(d). (2) The Commission must give the person nominated to be the registered officer of the political party: (a) a copy of each objection; and (b) a written notice inviting the person to give any response to the objection to the Commission, in writing, within 14 days after the day the person receives the notice. (3) As soon as practicable after the 14 days mentioned in subsection (2)(b), the Commission must make a copy of the following available for public inspection until the application is decided: (a) each objection; (b) each response given to the Commission in accordance with the notice under subsection (2). (4) In deciding whether to register the political party, the Commission must consider each objection and response given to the Commission under this section. 156 Decision on application (1) The Commission must grant or refuse the application. (2) However, the Commission must not decide the application before a general election (other than an extraordinary general election) if the application was received by the Commission during 6 months before the date that general election is due to be held. -- 98 of 206 -- Part 9 Registration of political parties Division 1 Application process for registration and related matters Electoral Act 2004 83 157 Grant of application (1) If the Commission grants the application, the Commission must: (a) register the party; and (b) publish notice of the registration in the Gazette and in a newspaper circulating generally in the Territory; and (c) give notice of the registration to the applicant. (2) In addition, if an objection was made under section 155 to the application, the Commission must give the objector an information notice for the decision to register the political party. 158 Refusal of application (1) The Commission must refuse the application if: (a) the person nominated in the application to be the registered officer of the party is not qualified to be an elector or is the registered officer of a registered party; or (b) for a party to which section 152(4) applies – the Commission reasonably believes the party does not have at least 200 members who meet the requirements in section 152(4)(a). (2) In addition, the Commission must refuse the application if the Commission reasonably believes the political party's name: (a) consists of more than 6 words; or (b) is obscene; or (c) is the name or an acronym of the name of a registered party or parliamentary party; or (d) so nearly resembles the name or an acronym of the name of registered party or parliamentary party it is likely to be confused with or mistaken for that name or acronym; or (e) consists of the word "independent" or "independent party"; or (f) would otherwise be likely to cause confusion if registered; or (g) includes an MLA's name and the applicant does not have the MLA's written consent to use the name. -- 99 of 206 -- Part 9 Registration of political parties Division 1 Application process for registration and related matters Electoral Act 2004 84 (3) If the Commission refuses the application, the Commission must: (a) give the applicant an information notice for the decision to refuse the application; and (b) if an objection was made under section 155 to the application – give the objector written notice of the refusal. (4) In this section: parliamentary party means a political party of which at least one member is a member of an Australian parliament. 159 Amendment of application (1) If the Commission is of the opinion the application must be refused under section 158 but that the application might be amended to prevent the refusal, the Commission must give the applicant written notice to that effect. (2) The notice must: (a) state the reasons for the opinion; and (b) describe the effect of subsections (3) to (6) (inclusive). (3) The Commission is not required to further consider the application unless a request is made under subsection (4). (4) Within 28 days after receiving the notice, the applicant may give the Commission a written request, signed by the applicant, for the Commission: (a) to amend the application in a stated way; or (b) to consider the application in the form in which it was made. (5) The Commission must comply with the request. (6) If the applicant requests the Commission to amend the application in a stated way, the application as amended in accordance with the request is taken to be a new application for the registration of a political party. -- 100 of 206 -- Part 9 Registration of political parties Division 2 Cancellation of registration Electoral Act 2004 85 Division 2 Cancellation of registration 160 Cancellation on application (1) The Commission must cancel the registration of a registered party if the registered officer of the party asks the Commission to cancel the registration. (2) The request must be in the approved form. 161 When Commission must cancel registration (1) The Commission must cancel the registration of a registered party if it has not endorsed a candidate at the last 2 general elections. (2) However, subsection (1) applies to a registered party only if it was a registered party at the time of each of the general elections. (3) Subject to section 162, the Commission must cancel the registration of a registered party if the Commission reasonably believes: (a) the party has ceased to exist (whether by amalgamation with another political party or otherwise); or (b) the registered officer of the party has not complied with a notice given under section 174; or (c) the party does not have a constitution; or (d) the registration of the party was obtained by fraud; or (e) for a party registered on an application to which section 152(4) applies – the party has ceased to have at least 200 members who meet the requirements in section 152(4)(a). (4) The Commission must cancel the registration of a party registered on an application to which section 152(3) applies if the party ceases to be registered under the Commonwealth Act. 162 Notice of proposal to cancel registration The Commission may cancel the registration of a registered party under section 161(3) only if the Commission has: (a) given public notice stating the following: (i) the Commission proposes to cancel the registration of the party; and -- 101 of 206 -- Part 9 Registration of political parties Division 2 Cancellation of registration Electoral Act 2004 86 (ii) written objections to the proposed cancellation may be made to the Commission within 14 days after publication of the notice; (b) given the registered officer or last registered officer of the party a written notice stating the following: (i) the Commission proposes to cancel the registration of the party; (ii) the reasons for the proposed cancellation; (iii) written objections to the proposed cancellation may be made to the Commission within the time mentioned in paragraph (a)(ii); and (c) considered the objections made in accordance with the notices under paragraphs (a) and (b). 163 Notice of decision not to cancel registration If, after considering objections made under section 162 to the proposed cancellation of the registration of a registered party, the Commission decides not to cancel the registration, the Commission must give written notice of the decision to: (a) the registered officer of the party; and (b) for an objection that was not made by or for the party – the objector. 164 Cancellation of registration The Commission must remove particulars of a registered party from the register of registered parties if: (a) the Commission receives a request to cancel the party's registration under section 160; or (b) the Commission decides to cancel the party's registration under section 161. 165 Notice of cancellation If the Commission cancels the registration of a registered party, the Commission must: (a) give public notice of the cancellation; and -- 102 of 206 -- Part 9 Registration of political parties Division 3 Register of political parties Electoral Act 2004 87 (b) if the registration is cancelled under section 161(3) – give an information notice for the decision to the registered officer or last registered officer of the party. 166 Use of name after cancellation (1) This section applies if the registration of a registered party (the cancelled party) is cancelled under section 161. (2) Each of the following is ineligible for registration until after the next general election after the cancellation: (a) the cancelled party; (b) a political party that has a name that so nearly resembles the name of the cancelled party that it is likely to be confused with or mistaken for the cancelled party. Division 3 Register of political parties 167 Commission to keep register (1) The Commission must keep a register of registered parties. (2) The register must contain the following particulars for each registered party: (a) the name of the party; (b) the name and address of the registered officer of the party. 168 Register to be available for public inspection The Commission must make the register of registered parties available for public inspection. 169 Changes to particulars in register (1) The secretary of a registered party may apply to the Commission to change particulars of the party in the register of registered parties. (2) Division 1 (other than section 159) applies, with all necessary changes, to the application as if it were an application for registration of the party and any objection to the application were an objection to the registration. -- 103 of 206 -- Part 9 Registration of political parties Division 4 Miscellaneous provisions Electoral Act 2004 88 (3) However, if the application is to change only the name or address of the registered officer of the party: (a) the application need not be accompanied by a copy of the party's constitution; and (b) an application fee is not payable; and (c) sections 154 and 155 do not apply. Division 4 Miscellaneous provisions 170 Who can be registered officer A person is entitled to be the registered officer of a registered party only if the person is qualified to be an elector. 171 Constitution to be available for public inspection The Commission must make a copy of a registered party's constitution available for public inspection. 171A Annual return for registered political party (1) The registered officer of a registered party must prepare a return in the approved form for each financial year stating that, as at the end of that financial year: (a) if the party was registered on an application to which section 152(3) applies – whether or not the party continues to be registered under the Commonwealth Act; or (b) if the party was registered on an application to which section 152(4) applies – whether or not the party continues to have at least 200 members who meet the requirements in section 152(4)(a). (2) The registered officer must give the return and a copy of the party's current constitution to the Commission within 16 weeks after the end of the financial year. Maximum penalty: 20 penalty units. Note for section 171A The reporting agent of a registered party must also give a return about the party's financial matters under section 205 for each financial year. -- 104 of 206 -- Part 9A Registration of associated entities and third party campaigners Division 1 Application process for registration and related matters Electoral Act 2004 89 172 Notification of change to constitution If a registered party changes its constitution, the registered officer of the party must give the Commission a copy of the changed constitution within 30 days after the change. Maximum penalty: 20 penalty units. 173 Review of registration of political parties The Commission may at any time review the registration of a political party. 174 Information about political parties (1) The Commission may, by written notice, require the registered officer of a registered party to give the Commission, within a reasonable stated period, stated information relating to its eligibility to be registered. (2) The registered officer must comply with the request. Maximum penalty: 20 penalty units. 175 No action under Part during election period During an election period for an election, no action may be taken under this Part in relation to the registration of a political party. Part 9A Registration of associated entities and third party campaigners Division 1 Application process for registration and related matters 175A Application (1) An associated entity may apply for registration under this Part. (2) A third party campaigner may apply for registration under this Part in relation to a particular election. (3) An application for registration must: (a) be made to the Commission in the approved form; and (b) state the full name and address of the associated entity or third party campaigner; and -- 105 of 206 -- Part 9A Registration of associated entities and third party campaigners Division 1 Application process for registration and related matters Electoral Act 2004 90 (c) include the information and be accompanied by the documents prescribed by regulation. (4) An application for registration by an associated entity must also: (a) state the name of the registered party that controls the entity or benefits from it; and (b) be signed by the reporting agent of that registered party. 175B Deadline for lodging application If an application is received by the Commission less than 5 days before the relevant election, the Commission must refuse to register the applicant. 175C Further information about application (1) For this Part, the Commission may give an applicant a written notice requiring the applicant to give the Commission, within a reasonable specified period, specified information or a specified document relating to the application. (2) If the applicant does not comply with the notice, the Commission may refuse the application. 175D Decision on application The Commission must grant or refuse an application. 175E Grant of application If the Commission grants the application, the Commission must: (a) register the applicant; and (b) give written notice of the registration to the applicant. 175F Refusal of application (1) The Commission may refuse the application if the Commission is of the opinion, on reasonable grounds, that any information in the application is incomplete or incorrect. (2) The Commission may register an applicant despite any defect mentioned in subsection (1) if it thinks appropriate. (3) If the Commission refuses the application, the Commission must give the applicant an information notice for the decision to refuse the application. -- 106 of 206 -- Part 9A Registration of associated entities and third party campaigners Division 2 Cancellation of registration Electoral Act 2004 91 175G Amendment of application (1) If the Commission is of the opinion the application must be refused under section 175F but that the application might be amended to prevent the refusal, the Commission must give the applicant written notice to that effect. (2) The notice must: (a) state the reasons for the opinion; and (b) describe the effect of subsections (3) to (6). (3) The Commission is not required to further consider the application unless a request is made under subsection (4). (4) Within 28 days after receiving the notice, the applicant may make a written, signed request to the Commission: (a) to amend the application in a stated way; or (b) to consider the application in the form in which it was made. (5) The Commission must comply with the request. (6) If the applicant requests the Commission to amend the application in a stated way, the application as amended in accordance with the request is taken to be a new application for registration. Division 2 Cancellation of registration 175H Cancellation on application (1) A registered associated entity or registered third party campaigner may make a written, signed request to the Commission to cancel the registration of the entity or campaigner. (2) The Commission must cancel the registration of an associated entity or a third party campaigner if it receives a request under subsection (1). 175J Cancellation for non-compliance If a registered associated entity or registered third party campaigner fails to comply with section 175P(5), the Commission may cancel the registration of the entity or campaigner. -- 107 of 206 -- Part 9A Registration of associated entities and third party campaigners Division 3 Registers Electoral Act 2004 92 175K Cancellation of registration If the Commission cancels the registration of an associated entity or a third party campaigner under this Division, the Commission must remove the particulars of the entity or campaigner from the register. Division 3 Registers 175L Commission to keep register of associated entities (1) The Commission must keep a register of registered associated entities. (2) The Regulations may prescribe the details to be kept on the register. 175M Commission to keep register of third party campaigners (1) The Commission must keep a register of registered third party campaigners in respect of each election. (2) The Regulations may prescribe the details to be kept on the register. 175N Register to be available for public inspection The Commission must make the registers kept under sections 175L and 175M available on its website. 175P Changes to particulars in registers (1) If any of the information given by a registered associated entity or registered third party campaigner in an application under section 175A has changed, the entity or campaigner must notify the Commission of the correct information within 30 days of the change. (2) An associated entity commits an offence if the entity fails to comply with subsection (1). Maximum penalty: 10 penalty units. (3) A third party campaigner commits an offence if the campaigner fails to comply with subsection (1). Maximum penalty: 10 penalty units. (4) An offence against subsection (2) or (3) is an offence of strict liability. -- 108 of 206 -- Part 9A Registration of associated entities and third party campaigners Division 3 Registers Electoral Act 2004 93 (5) If the Commission believes that information given by a registered associated entity or registered third party campaigner in an application under section 175A has changed, the Commission may give written notice to the entity or campaigner requiring the entity or campaigner to comply with subsection (1). 175Q Process for variation (1) If the Commission receives a notification under section 175P(1), the Commission must vary the register accordingly unless the Commission reasonably believes the varied particulars are not correct. (2) If the Commission varies any particulars listed on the register for a registered associated entity or registered third party campaigner, the Commission must notify the entity or campaigner of that variation. 175R Offences (1) An associated entity commits an offence if the entity: (a) intentionally fails to register under this Part; and (b) receives a gift or incurs electoral expenditure. Maximum penalty: (a) for an individual – 200 penalty units or imprisonment for 12 months or both; (b) for a body corporate – 1 000 penalty units. (2) A third party campaigner commits an offence if the campaigner: (a) intentionally fails to register under this Part in relation to an election; and (b) incurs more than $1 000 of political expenditure in relation to that election. Maximum penalty: (a) for an individual – 200 penalty units or imprisonment for 12 months or both; (b) for a body corporate – 1 000 penalty units. (3) Strict liability applies to subsections (1)(b) and (2)(b). -- 109 of 206 -- Part 10 Donations and expenditure Division 1 Preliminary matters Electoral Act 2004 94 Part 10 Donations and expenditure Division 1 Preliminary matters 175S Purposes The purposes of this Part are the following: (a) to establish a transparent electoral expenditure and disclosure regime; (b) to increase the transparency of election campaigns; (c) to reduce undue influence in the electoral process; (d) to promote the accountability of, and compliance by, registered parties, elected members, candidates, associated entities, third party campaigners and donors. 176 Definitions In this Part: amount includes value. associated entity means an entity that: (a) is controlled by one or more registered parties; or (b) operates wholly or to a significant extent for the benefit of one or more registered parties. candidate, in an election, means a person: (a) declared to be a candidate for the election under section 37; or (b) who has been selected, or has won party endorsement, by a registered party to be a candidate in the election; or (c) who has publicly announced that the person will be a candidate for the election; or (d) who contested the last general election or an election since the last general election. corporation has the same meaning as in section 57A of the Corporations Act 2001. credit card includes a debit card. -- 110 of 206 -- Part 10 Donations and expenditure Division 1 Preliminary matters Electoral Act 2004 95 disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes: (a) the allotment of shares in a corporation; and (b) the creation of a trust in property; and (c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property; and (d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property; and (e) the exercise by a person of a general power of appointment of property in favour of any other person; and (f) any transaction entered into by any person with intent to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person. entity means: (a) an incorporated or unincorporated body; or (b) the trustee of a trust. financial controller, of an associated entity or a third party campaigner, means: (a) if the entity or campaigner is a corporation – the secretary of the corporation; or (b) if the entity or campaigner is the trustee of a trust – the trustee; or (c) otherwise – the person responsible for keeping the financial records of the entity or campaigner. loan means any of the following: (a) an advance of money; (b) a provision of credit or any other form of financial accommodation; -- 111 of 206 -- Part 10 Donations and expenditure Division 1 Preliminary matters Electoral Act 2004 96 (c) a payment of an amount for, on account of, on behalf of or at the request of the receiver, if there is an express or implied obligation to repay the amount; (d) a transaction (whatever its terms or form) that in substance effects a loan of money. property includes money. registered industrial organisation means an organisation registered under the Workplace Relations Act 1996 (Cth) or the law of another State or Territory about the registration of industrial organisations or unions. related bodies corporate has the same meaning as in section 50 of the Corporations Act 2001. 176A Meaning of electoral expenditure (1) Electoral expenditure, for an election, means expenditure incurred during the capped expenditure period on any of the following: (a) publishing, broadcasting, posting or displaying an electoral advertisement during that period in any form and on any platform or at any venue or place during that period; (b) producing an electoral advertisement that is published, broadcast, posted or displayed as mentioned in paragraph (a); (c) designing or producing any printed electoral matter to which Part 13, Division 1, Subdivision 2 applies that is published, communicated or distributed during that period; (d) producing or distributing electoral matter that is addressed to particular persons or organisations and is distributed during that period; (e) carrying out an opinion poll or other research about the election during that period. (2) For subsection (1), electoral expenditure also includes receiving an item or service specified in that subsection in the form of a gift. (3) For subsection (1), electoral expenditure is incurred: (a) in the case of a good – when the good is delivered; or -- 112 of 206 -- Part 10 Donations and expenditure Division 1 Preliminary matters Electoral Act 2004 97 (b) in the case of a service – when the service is provided. Examples for subsection (3) 1 Advertising expenditure is incurred when the advertising is broadcast or published. 2 Expenditure on the production or distribution of material is incurred at the time of distribution. (4) Despite anything to the contrary in subsection (1) or (2), electoral expenditure does not include expenditure on travel or accommodation. 177 References to registered party In this Part, a reference to a registered party, other than a reference to the endorsement of a candidate in an election, does not include a reference to a part of the political party. 178 References to things done by registered party In this Part, a reference to things done by or for a registered party is, if the party is not a corporation, a reference to things done by or with the authority of members or officers of the party for the party. 179 Gifts – determination of amounts For this Part, the Regulations may prescribe principles determining the amount of a gift consisting of or including a disposition of property other than money. 180 Related bodies corporate For this Part, related bodies corporate are taken to be the same person. 181 Advertisements containing electoral matter For this Part, an advertisement relates to an election if it contains electoral matter, whether or not consideration was given for publishing or broadcasting the advertisement. 183 Campaign committee to be treated as part of party (1) Divisions 3, 4 and 5 apply as if a campaign committee of an endorsed candidate were the registered party endorsing the candidate. -- 113 of 206 -- Part 10 Donations and expenditure Division 2 Reporting agents Electoral Act 2004 98 (2) In subsection (1): campaign committee, for a candidate, means a body of persons appointed or engaged to form a committee to help the campaign of the candidate in an election. endorsed candidate means a candidate who is endorsed by a registered party. Division 2 Reporting agents 184 Appointment of reporting agent (1) A registered party must appoint a reporting agent. (2) Subject to subsection (2A), a candidate in an election may appoint a person to be the candidate's reporting agent. (2A) The reporting agent for a candidate who is endorsed by a registered party is the reporting agent for that party. (2B) An associated entity may appoint a reporting agent. (2C) A third party campaigner may appoint a reporting agent. (3) The appointment of a reporting agent under subsection (1) or (2) has no effect unless: (a) the person appointed has attained the age of 18 years; and (b) written notice of the appointment is given to the Commission; and (c) the name and address of the person appointed are stated in the notice; and (d) the person appointed has consented in writing to the appointment. (4) The notice must be given by: (a) if the appointment is made by a registered party – the party's secretary; or (b) if the appointment is made by a candidate – the candidate; or (c) if the appointment is made by an associated entity or a third party campaigner – the entity or campaigner's financial controller. -- 114 of 206 -- Part 10 Donations and expenditure Division 2 Reporting agents Electoral Act 2004 99 185 Non-appointed agents (1) If there is no appointment in force under section 184(1) for a registered party, the registered officer of the party is taken to be its reporting agent. (2) If a registered party ceases to be registered under Part 9 and, immediately before it ceased to be registered, a person was its reporting agent, the person is taken to continue to be its reporting agent as if it had continued to be registered. (3) If a registered party ceases to be registered under Part 9 and no-one is taken under subsection (2) to be its reporting agent, the person who was its registered officer immediately before it ceased to be registered is taken to be its reporting agent as if it had continued to be registered. (4) A person taken to be a reporting agent under subsection (2) or (3) is taken to continue in the position until the person resigns from the position with the Commission's consent. (5) If there is no appointment in force under section 184(2) or (2A) for a candidate, the candidate is taken to be the candidate's own agent. (6) If there is no appointment in force under section 184(2B) for an associated entity, the financial controller of the entity is taken to be its reporting agent. (7) If there is no appointment in force under section 184(2C) for a third party campaigner, the financial controller of the campaigner is taken to be the campaigner's reporting agent. 186 Register of reporting agents (1) The Commission must keep a register of reporting agents. (2) The Commission must enter in the register the name and address of each reporting agent appointed under section 184. 187 Effect of registration etc. (1) The appointment of a reporting agent: (a) takes effect on the entry of the name and address of the agent in the register of reporting agents; and (b) ceases to have effect if the name and address of the agent are removed from the register. -- 115 of 206 -- Part 10 Donations and expenditure Division 2 Reporting agents Electoral Act 2004 100 (2) The name and address of a person appointed as a reporting agent must not be removed from the register unless: (a) the person gives the Commission written notice that the person has resigned the appointment; or (b) the candidate, secretary of the registered party or financial controller that appointed the person gives the Commission: (i) written notice that the person has ceased to be the reporting agent; and (ii) notice under section 184 of the appointment of another person as reporting agent; or (c) the person is convicted of an offence against this Part; or (d) if the person was appointed by a registered party – the party's registration is cancelled. (3) If the reporting agent of a registered party is convicted of an offence against this Part, the secretary of the party must give notice under section 184 of the appointment of another person as reporting agent of the party: (a) within 28 days after the conviction; or (b) if an appeal against the conviction is started within the 28 days mentioned in paragraph (a) and the conviction is affirmed – within 28 days after the appeal is decided. (4) If the reporting agent of a registered party dies, the secretary of the party must, within 28 days after the death, give the Commission: (a) written notice of the death; and (b) notice under section 184 of the appointment of another person as reporting agent of the party. 188 Notice of death or resignation of candidate's reporting agent If the reporting agent of a candidate dies or resigns, the candidate must, without delay, give the Commission written notice of the death or resignation. -- 116 of 206 -- Part 10 Donations and expenditure Division 3 Disclosure of donations Electoral Act 2004 101 Division 3 Disclosure of donations 189 Definition In this Division: defined details, in relation to a gift, means: (a) for a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation: (i) the name of the association; and (ii) the names and addresses of the members of the executive committee (however described) of the association; or (b) for a gift out of a trust fund or the funds of a foundation: (i) the names and addresses of the trustees of the fund or foundation; and (ii) the name, title or description of the trust fund or foundation; or (c) for another gift – the name and address of the person or entity that made the gift. 190 Loans to registered party or candidate (1) A registered party or candidate (the receiver) must not receive a loan of $1 500 or more from a person or entity (the lender) that is not an ADI, unless the receiver complies with this section. (2) The receiver of the loan must immediately make a record of the following: (a) the terms of the loan; (b) if the lender is a registered industrial organisation: (i) the name of the organisation; and (ii) the names and addresses of the members of the executive committee (however described) of the organisation; (c) if the lender is an unincorporated body (other than a registered industrial organisation): (i) the name of the body; and -- 117 of 206 -- Part 10 Donations and expenditure Division 3 Disclosure of donations Electoral Act 2004 102 (ii) the names and addresses of the members of the executive committee (however described) of the body; (d) if the loan was paid out of a trust fund or the funds of a foundation: (i) the names and addresses of the trustees of the fund or foundation; and (ii) the title or other description of the trust fund, or the name of the foundation; (e) if paragraphs (b), (c) and (d) do not apply to the loan – the name and address of the lender. (3) For subsection (1), a person who is a candidate in an election is taken to remain a candidate for 30 days after election day for the election. (4) If the receiver receives a loan to which subsection (1) applies but does not comply with subsection (2), the relevant person must pay to the Territory an amount equal to the amount of the loan. (5) The amount payable under subsection (4) may be recovered by the Territory as a debt. (6) For this section, if credit is given on a credit card for card transactions, each transaction is taken to be a separate loan. (7) In this section: relevant person means: (a) for a loan to or for the benefit of a registered party: (i) if the party is a corporation – the party; or (ii) if subparagraph (i) does not apply – the reporting agent of the party; or (b) for a loan to or for the benefit of a candidate – the candidate. -- 118 of 206 -- Part 10 Donations and expenditure Division 3 Disclosure of donations Electoral Act 2004 103 191 Disclosure of gifts – general election other than extraordinary general election In respect of a general election other than an extraordinary general election, the reporting agent of a candidate, a registered party, an associated entity or a third party campaigner must give the Commission a return in the approved form: (a) for the period beginning on 1 July and ending on 31 December in the year before the year in which the election is to be held – by 30 January in the year in which the election is to be held; and (b) for the period beginning on 1 January in the year in which the election is to be held and ending on 31 March of that year – by 10 April in that year; and (c) for the period beginning on 1 April in the year in which the election is to be held and ending on 30 June of that year – by 10 July in that year; and (d) for the period beginning on 1 July in the year in which the election is to be held and ending on the day the writ is issued – by 5 days after the writ is issued; and (e) for the period beginning on the day after the day the writ is issued and ending 17 days later – by 20 days after the day the writ is issued; and (f) for the period beginning 18 days after the day the writ is issued and ending 30 days after election day – by 40 days after election day. 192 Disclosure of gifts – other elections In respect of any election to which section 191 does not apply, the reporting agent of a candidate, a registered party, an associated entity or a third party campaigner must give the Commission a return in the approved form: (a) for the period beginning on 1 July preceding the day on which the election is held and ending on the day the writ is issued – by 5 days after the writ is issued; and (b) for the period beginning on the day after the day the writ is issued and ending 17 days later – by 20 days after the day the writ is issued; and -- 119 of 206 -- Part 10 Donations and expenditure Division 3 Disclosure of donations Electoral Act 2004 104 (c) for the period beginning 18 days after the day the writ is issued and ending 30 days after election day – by 40 days after election day. 192A Period covered by return extended if first return (1) Despite anything to the contrary in section 191 or 192, the first return by a candidate, an associated entity or a third party campaigner required by those sections in respect of an election must cover the period beginning 31 days after the previous general election. (2) However, if the first return is a return under section 191(a) or 192(a), subsection (1) only applies if a return under Division 5 that covered the previous financial year was not given to the Commission. 192B Additional disclosure requirement for nominees who were not previously candidates (1) Subject to subsection (2), at the same time as a nominee lodges a nomination form under Part 5, Division 3 for an election, the nominee must give the Commission a return in the approved form for the period beginning 31 days after the previous general election and ending on the day the writ is issued for the election. (2) A return is only required under subsection (1) if a return had not already been given under section 191 or 192 in relation to the particular nominee in respect of the election. 192C Additional disclosure requirement for associated entities and third party campaigner on registration If an associated entity or a third party campaigner applies for registration under Part 9A after the day the writ is issued for an election, the entity or campaigner must accompany the application with a return in the approved form for the period beginning 31 days after the previous general election and ending on the day the writ is issued. 192D Content of return (1) A return required by section 191, 192, 192B or 192C must state the following for the period to which the return applies: (a) the total amount of all gifts received by the candidate, registered party, associated entity or third party campaigner; (b) the number of persons who made gifts to the candidate, registered party, associated entity or third party campaigner; -- 120 of 206 -- Part 10 Donations and expenditure Division 3 Disclosure of donations Electoral Act 2004 105 (c) the total amount of gifts received from each person; (d) the cumulative total amount of gifts received from each person during the gift aggregation period for the return; (e) the defined details for those gifts. (2) A return required by section 191, 192, 192B or 192C is not required to state the information mentioned in subsection (1)(c), (d) or (e) for a gift by a person if the amount of the gift and the sum of all other gifts made by the person during the gift aggregation period for the return is less than: (a) for a gift to a candidate – $200; or (b) for a gift to a registered party, an associated entity or a third party campaigner – $1 500. 192E Gift aggregation periods (1) For section 192D, the gift aggregation period for an election mentioned in section 191 is: (a) for the first return required under this Division in respect of the election – the period beginning 31 days after the previous general election and ending on the last day of the period covered by the return; or (b) otherwise – the period beginning on 1 July preceding the return and ending on the last day of the period covered by the return. (2) Despite subsection (1)(a), if a return was required under Division 5 in respect of the previous financial year, the gift aggregation period is as specified in subsection (1)(b). (3) For section 192D, the gift aggregation period for an election mentioned in section 192 is the period determined by the Commission and stated on the approved form for the return. (4) For subsection (3), the Commission may determine different aggregation periods: (a) for gifts to different recipients or classes of recipient; and (b) for different types of election. -- 121 of 206 -- Part 10 Donations and expenditure Division 3 Disclosure of donations Electoral Act 2004 106 193 Donations to candidates (1) This section applies to a person (other than a registered party, candidate or associated entity) who, during the financial year: (a) makes gifts totalling $1 500 or more to the same candidate in an election; or (b) makes gifts totalling $1 000 or more to an entity declared by the Commission, by Gazette notice, to be an entity to which this paragraph applies. (2) Subsection (1) applies to a person even if at the time the person made the gift the person was outside the Territory. (3) Within 60 days after the end of the financial year, the person must give the Commission a return in the approved form. (4) The return must state for the person: (a) the total amount of the gifts made by that person to each candidate or entity; and (b) the defined details for those gifts. 194 Donations to registered parties (1) Subsection (2) applies if, in a financial year, a person makes a gift of $1 500 or more, or gifts totalling $1 500 or more, to the same registered party. (2) Within 60 days after the end of the financial year, the person must give the Commission a return in the approved form covering all the gifts the person made to the party during the financial year. (3) Subsection (4) applies if, in a financial year: (a) a person receives a gift of $1 000 or more, or gifts totalling $1 000 or more; and (b) the person uses all or part of the gift or gifts to make a gift of $1 500 or more, or gifts totalling $1 500 or more, to a registered party. (4) Within 20 weeks after the end of the financial year, the person must give the Commission a return in the approved form covering all the gifts mentioned in subsection (3)(a). -- 122 of 206 -- Part 10 Donations and expenditure Division 3 Disclosure of donations Electoral Act 2004 107 (5) For each gift mentioned in subsection (1) or (3)(a), the return must state: (a) the amount of the gift; and (b) the date when it was made; and (c) either of the following: (i) for a gift mentioned in subsection (1) – the name of the registered party to which the gift was made; (ii) for a gift mentioned in subsection (3)(a) – the defined details. (6) This section applies to a person even if at the time the person made the gift the person was outside the Territory. (7) If a person makes a gift to any person or entity with the intention of benefiting a registered party, the person is taken for this section to have made the gift to the party. (8) In this section: gift does not include a gift made by a registered party, candidate or associated entity. 196 Advice about obligations to make returns – registered parties (1) This section applies if, in a financial year, a registered party receives a gift of $1 500 or more, or gifts totalling $1 500 or more, from the same person. (2) Before 1 August after the end of the financial year, the party must, by written notice, tell the person about the requirements of section 194. Maximum penalty: 500 penalty units. (3) In this section: gift has the meaning in section 194(8). -- 123 of 206 -- Part 10 Donations and expenditure Division 3 Disclosure of donations Electoral Act 2004 108 196A Advice about obligations to make returns – candidates (1) If a candidate receives in a financial year a gift of $1 500 or more from a person, or gifts totalling $1 500 or more from the same person, the candidate, by written notice, must tell the person about the requirements of section 193 before 1 August following the end of that financial year. Maximum penalty: 100 penalty units. (2) In this section: gift, see section 194(8). 197 Anonymous gifts (1) A registered party, a candidate, an associated entity or a third party campaigner (the receiver) must not accept a gift of the prescribed amount or more made by someone else (the donor) to or for the benefit of the receiver unless: (a) the receiver knows the defined details of the gift; or (b) both the following subparagraphs apply: (i) the donor tells the receiver the defined details of the gift before the gift is made; (ii) when the gift is made, the receiver has no grounds for believing the defined details given by the donor are not true. (2) Subsection (1) applies: (a) for a registered party, a candidate or an associated entity – to gifts received at any time; or (b) for a third party campaigner – to gifts received during the disclosure period. (3) For subsection (1), a person who is a candidate in an election must be taken to remain a candidate for 30 days after election day for the election. (4) For this section, 2 or more gifts made by the same person to or for the benefit of a registered party, a candidate, an associated entity or a third party campaigner are taken to be a single gift. (5) If the receiver contravenes subsection (1), the relevant person must pay the Territory an amount equal to the amount of the gift. -- 124 of 206 -- Part 10 Donations and expenditure Division 3 Disclosure of donations Electoral Act 2004 109 (6) The amount payable under subsection (5) may be recovered by the Territory as a debt. (7) In this section: disclosure period, for an election (the relevant election), is the period that starts as follows and ends 30 days after election day for the relevant election: (a) for a candidate who was a candidate in the last general election or an election since the last general election – at the end of 30 days after election day for the last election before the relevant election in which the person was a candidate; or (b) for a candidate to whom paragraph (a) does not apply: (i) if the candidate won party endorsement for the relevant election – on the day on which endorsement was won; or (ii) if subparagraph (i) does not apply – on the day on which the person announced the person would be a candidate in the relevant election or the day on which the person nominated as a candidate, whichever was the earlier. gift includes a gift made on behalf of the members of an unincorporated association. prescribed amount means: (a) for a gift made to or for the benefit of a registered party, an associated entity or a third party campaigner – $1 000; or (b) for a gift made to or for the benefit of a candidate – $200. relevant person means: (a) for a gift to or for the benefit of a registered party: (i) if the party is a corporation – the party; or (ii) otherwise – the reporting agent of the party; or (b) for a gift to or for the benefit of a candidate – the candidate. 198 Nil returns If no details are required to be included in a return under this Division, the return must: (a) be given to the Commission; and -- 125 of 206 -- Part 10 Donations and expenditure Division 4 Electoral expenditure Subdivision 2 Disclosure Electoral Act 2004 110 (b) include a statement to the effect that no gifts of a kind required to be disclosed were received. Division 4 Electoral expenditure Subdivision 1 Preliminary matters 199 Meaning of participant In this Division: participant, in an election, means: (a) a registered party or candidate; or (b) another person by whom, or with the authority of whom, electoral expenditure for an election is incurred. Subdivision 2 Disclosure 200 Returns of electoral expenditure (1) The reporting agent of each person who was a candidate in an election (other than a candidate endorsed by a registered party) must, before the end of 60 days after election day, give the Commission a return in the approved form stating details of all electoral expenditure for the election incurred by or with the authority of the candidate. (1A) The reporting agent of a registered party must, before the end of 60 days after election day, give the Commission a return in the approved form stating details of all electoral expenditure incurred during the capped expenditure period by or with the authority of: (a) the registered party; and (b) each candidate endorsed by the registered party; and (c) any associated entity of that party. (1B) The reporting agent of a third party campaigner must, before the end of 60 days after election day, give the Commission a return in the approved form stating details of all political expenditure incurred by the campaigner: (a) for a general election other than an extraordinary general election – during the period starting on 1 January in the year in which the election is held and ending 30 days after election day; or -- 126 of 206 -- Part 10 Donations and expenditure Division 4 Electoral expenditure Subdivision 2 Disclosure Electoral Act 2004 111 (b) for any election to which paragraph (a) does not apply – the period from and including the day of the issue of the writ for the election to the end of 30 days after election day. (2) If electoral expenditure for an election was incurred by or with the authority of a person and the expenditure was not incurred with the written authority of a registered party, an associated entity or a candidate in the election, the person must, before the end of 60 days after election day, give the Commission a return in the approved form stating details of the expenditure. (3) A person is not required to give a return under subsection (2) for an election if the total amount of the electoral expenditure incurred for the election by or with the authority of the person does not exceed $200. 201 Nil returns If no electoral expenditure for an election was incurred by or with the authority of a candidate, registered party, associated entity or third party campaigner in the election, a return under section 200 for the candidate, registered party, associated entity or third party campaigner must: (a) be given to the Commission; and (b) include a statement to the effect that no expenditure of the kind required to be disclosed has been incurred by or with the authority of the candidate, registered party, associated entity or third party campaigner. 203 Two or more elections on same day (1) This section applies if: (a) the voting at 2 or more elections took place on the same day; and (b) a person would, apart from this subsection, be required to give 2 or more returns under this Division relating to the elections. (2) The person may give the Commission a single return in the approved form stating the particulars the person would have been required to state in separate returns. (3) It is sufficient compliance with this Division if the return states details of the expenditure without showing the extent to which it relates to any particular election. -- 127 of 206 -- Part 10 Donations and expenditure Division 4 Electoral expenditure Subdivision 3 Cap on electoral expenditure Electoral Act 2004 112 Subdivision 3 Cap on electoral expenditure 203A Capped expenditure period The applicable cap on electoral expenditure for an election applies to electoral expenditure incurred during each of the following periods (the capped expenditure period): (a) for a general election other than an extraordinary general election – the period starting on 1 January in the year in which the election is to be held and ending 30 days after election day; (b) for any election to which paragraph (a) does not apply – the period from and including the day of the issue of the writ for the election to the end of 30 days after election day. 203B Applicable caps on electoral expenditure (1) The applicable caps on electoral expenditure are the following: (a) for a registered party that endorses candidates for election – 40 000 monetary units multiplied by the number of divisions in which a candidate is so endorsed; (b) for a candidate not endorsed by any registered party – 40 000 monetary units. (2) For the purposes of the cap specified in subsection (1)(a), electoral expenditure by an associated entity is to be aggregated with electoral expenditure by the registered party with which the entity is associated. (3) Despite anything to the contrary in the Monetary Units Act 2018, the value of a monetary unit for subsection (1) in relation to a capped expenditure period that spans 2 financial years is taken to be the value of a monetary unit on the day on which the capped expenditure period starts. 203C Offence to contravene expenditure cap (1) A candidate commits an offence if: (a) the candidate intentionally incurs expenditure; and (b) the expenditure is electoral expenditure; and (c) the candidate knows the expenditure is electoral expenditure; and -- 128 of 206 -- Part 10 Donations and expenditure Division 4 Electoral expenditure Subdivision 3 Cap on electoral expenditure Electoral Act 2004 113 (d) all or part of the expenditure exceeds the cap specified in section 203B; and (e) the candidate is reckless as to whether the expenditure exceeds the cap. Maximum penalty: 300 penalty units or imprisonment for 18 months or both. (2) A registered party commits an offence if: (a) the party intentionally incurs expenditure; and (b) the expenditure is electoral expenditure; and (c) the party knows the expenditure is electoral expenditure; and (d) all or part of the electoral expenditure exceeds the cap mentioned in section 203B; and (e) the party is reckless as to whether the expenditure exceeds the cap. Maximum penalty: 1 500 penalty units. (3) An associated entity commits an offence if: (a) the entity intentionally incurs expenditure; and (b) the expenditure is electoral expenditure; and (c) the entity knows the expenditure is electoral expenditure; and (d) all or part of the expenditure exceeds the cap mentioned in section 203B; and (e) the entity is reckless as to whether the expenditure exceeds the cap. Maximum penalty: 1 500 penalty units. 203D Offence to circumvent expenditure cap A person commits an offence if: (a) the person intentionally enters into, or carries out, a scheme, whether alone or with any other person; and (b) the person's conduct circumvents a prohibition or requirement of this Subdivision; and -- 129 of 206 -- Part 10 Donations and expenditure Division 5 Annual returns Electoral Act 2004 114 (c) the person knows that the conduct circumvents a prohibition or requirement of this Subdivision. Maximum penalty: Imprisonment for 10 years. Division 5 Annual returns 204 Definition In this Division: defined particulars, for a sum, means the following: (a) if the sum was received from, paid or owed to, an unincorporated association, other than a registered industrial organisation: (i) the name of the association; and (ii) the names and addresses of the members of the executive committee (however described) of the association; (b) if the sum was paid out of or into, or incurred as a debt to, a trust fund or the funds of a foundation: (i) the names and addresses of the trustees of the fund or foundation; and (ii) the name, title or description of the trust fund or foundation; (c) the name and address of the person or organisation that paid, received or is owed the sum; (d) particulars prescribed by the Regulations. 204A Certain returns not to include donations previously reported A return under this Division by a reporting agent of a candidate who is not endorsed by a registered party must not disclose any gift that has already been reported to the Commission under another provision of this Part. 205 Annual returns by registered parties (1) The reporting agent of a registered party must, within 60 days after the end of each financial year, give the Commission a return in the approved form. -- 130 of 206 -- Part 10 Donations and expenditure Division 5 Annual returns Electoral Act 2004 115 (2) However, the return may be the audited annual accounts of the party in a form approved in writing by the Commission. (3) The return must state: (a) the amount received by or on behalf of the party during the financial year, together with the particulars required by section 210(1); and (b) the amount paid by or on behalf of the party during the financial year; and (c) the outstanding amount, at the end of the financial year, of debts incurred by or on behalf of the party, together with the particulars required by section 211(1). (4) If a political party ceases to be a registered party during a financial year, this section applies to the party in relation to the year as if a reference to the reporting agent of the party were a reference to the person who was the reporting agent of the party immediately before it ceased to be registered. 205A Annual return by registered parties – gifts (1) The reporting agent of a registered party, within 30 days after the end of each financial year, must give the Commission a return in the approved form. (2) The return must state the following: (a) the total amount of all gifts received by the candidate during the financial year; (b) the number of persons who made gifts to the candidate; (c) the total amount of gifts received from each person; (d) the defined particulars of those gifts. (3) However, the reporting agent is not required to state in the return the information mentioned in subsection (2)(c) and (d) for a gift by a person if the amount of the gift and sum of all other gifts made to the registered party by the person is less than $1 500. 206 Periods of less than financial year (1) This section applies if, during a financial year, a political party becomes or ceases to be a registered party. -- 131 of 206 -- Part 10 Donations and expenditure Division 5 Annual returns Electoral Act 2004 116 (2) A return under section 205 or 205A for the political party for the financial year need only include particulars for the part of the year when the party was registered. 207 Annual returns by candidates – gifts (1) The reporting agent of a candidate in an election must, within 30 days after the end of each financial year, give the Commission a return in the approved form. (2) The return must state the following: (a) for a return for a financial year in which: (i) an election is not held – the total amount of all gifts received by the candidate during the financial year; or (ii) an election is held – the total amount of all gifts received by the candidate during the period beginning 31 days after election day and ending on 30 June next following that election; (b) the number of persons who made gifts to the candidate; (c) the total amount of gifts received from each person; (d) the defined particulars for those gifts. (3) However, the reporting agent is not required to state in the return the information mentioned in subsection (2)(c) or (d) for a gift by a person if the amount of the gift and sum of all other gifts made to the candidate by the person is less than $200. (4) Despite subsection (2)(a), if a candidate was not required to submit a return for the previous financial year, the period covered by the return is taken to begin 31 days after the previous general election. 208 Annual returns by associated entities (1) If an entity is an associated entity at any time during a financial year, the entity's financial controller must, within 60 days after the end of the year, give the Commission a return in the approved form. (2) The return must state: (a) the amount received by or on behalf of the entity during the financial year together with the particulars required by section 210(1); and -- 132 of 206 -- Part 10 Donations and expenditure Division 5 Annual returns Electoral Act 2004 117 (b) the amount paid by or on behalf of the entity during the financial year; and (c) if the entity is an associated entity at the end of the financial year – the outstanding amount, at the end of the year, of debts incurred by or on behalf of the entity together with the particulars required by section 211(2). (3) An amount received when the entity was not an associated entity must not be counted for subsection (2)(a) or (b). (4) Subsection (5) applies if an amount required to be stated under subsection (2)(b) was: (a) paid to or for the benefit of one or more registered parties; and (b) paid out of funds generated from the entity's capital. (5) The return must state the following details of each person who contributed to the entity's capital: (a) the person's name and address; (b) the total of the person's contributions to the capital up to the end of the financial year. (6) Subsection (5) does not apply to contributions included in a previous return under this section. 209 Annual returns by associated entities – gifts (1) The reporting agent of an associated entity, within 30 days after the end of each financial year, must give the Commission a return in the approved form. (2) The return must state the following: (a) the total amount of all gifts received by the entity during the financial year; (b) the number of persons who made gifts to the entity; (c) the total amount of gifts received from each person; (d) the defined particulars for those gifts. (3) However, the reporting agent is not required to state in the return the information mentioned in subsection (2)(c) or (d) for a gift by a person if the amount of the gift and sum of all other gifts made to the associated entity by the person is less than $1 500. -- 133 of 206 -- Part 10 Donations and expenditure Division 5 Annual returns Electoral Act 2004 118 (4) Despite subsection (2)(a), if an associated entity was not required to submit a return for the previous financial year, the period covered by the return is taken to begin 31 days after the previous general election. 210 Amounts received (1) If the sum of all amounts received from an entity during a financial year is $1 500 or more, the return by the receiver under section 205, 207 or 208 must state the amount of the sum and the defined particulars for it. (2) In working out the sum, an amount of less than $1 500 need not be counted. (3) If the sum was received as a loan, the return must state the information required to be recorded under section 190(2). 211 Outstanding amounts (1) If, at the end of a financial year, the sum of all debts within the meaning of section 205(3)(c) that are owed by a registered party to a particular person or organisation is $1 500 or more, the return by the party under section 205 for the year must state the sum and include the defined particulars. (2) If an entity is an associated entity at the end of a financial year and at the end of the year the sum of all debts within the meaning of section 208(2)(c) that are owed by the entity to a particular person or organisation is $1 500 or more, the return by the entity under section 208 for the financial year must state the sum and include the defined particulars. 212 Returns not to include lists of party membership A return given under this Division must not include a list of members of a political party. 213 Regulations (1) The Regulations may require greater detail to be provided in a return under section 205 or 208 than is required by this Division. (2) Without limiting subsection (1), the Regulations may require the amounts mentioned in section 205(3) or 208(2) be broken down in the stated way. (3) The Regulations may reduce the amount of information to be provided in a return under section 208. -- 134 of 206 -- Part 10 Donations and expenditure Division 5A Territory campaign accounts Electoral Act 2004 119 Division 5A Territory campaign accounts 213A Requirement to keep Territory campaign account (1) The reporting agent of a registered party or candidate must keep a separate account (a Territory campaign account) with an ADI for Territory electoral purposes. (2) An amount deposited into or withdrawn from a Territory campaign account may only be used for Territory electoral purposes. 213B Gifts to be paid into Territory campaign account The reporting agent of a registered party or candidate must ensure that each gift that is an amount of money received by or on behalf of the registered party or candidate is paid into the Territory campaign account unless: (a) the gift is made or received in contravention of this Part; or (b) in relation to a gift received by or on behalf of a registered party – the gift is not intended by the registered party to be used for Territory electoral purposes; or (c) the gift is otherwise a gift that must not be paid into the account in accordance with this Division. 213C Payments into Territory campaign account (1) Subject to section 213A(2), the Regulations may prescribe matters in relation to amounts that the agent of a registered party or candidate must, or must not, pay into the Territory campaign account. (2) If a registered party keeps an account with an ADI for Commonwealth electoral purposes, the reporting agent of the registered party must ensure that no amount is paid or transferred from that account into the Territory campaign account. (3) A person does not commit an offence against this Part for a contravention of this section (or the Regulations) if the person, on becoming aware that an amount of money was paid into the Territory campaign account in contravention of the relevant provision, takes all reasonable steps to immediately withdraw the amount from the account. -- 135 of 206 -- Part 10 Donations and expenditure Division 6 Compliance Electoral Act 2004 120 213D Territory campaign account to be used for electoral expenditure A reporting agent required to keep a Territory campaign account under this Division must ensure that the registered party on behalf of which, or candidate on behalf of whom, the Territory campaign account is kept does not pay an amount of money for electoral expenditure unless the amount is paid from the Territory campaign account. 213E Offence A person commits an offence if: (a) the person intentionally engages in conduct; and (b) the conduct results in a contravention of section 213A, 213B, 213C or 213D; and (c) the person is reckless in relation to that result. Maximum penalty: (a) for an individual – 200 penalty units or imprisonment for 12 months or both; or (b) for a body corporate – 1000 penalty units. Division 6 Compliance 214 Definitions In this Division: investigation notice has the meaning in section 216(2) or 217(2). return includes a notice under section 221(1)(c) or (4). 215 Offences (1) A person must not, without reasonable excuse, fail to give the Commission a return under this Part within the time required. Maximum penalty: If the offender is a natural person – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. -- 136 of 206 -- Part 10 Donations and expenditure Division 6 Compliance Electoral Act 2004 121 (2) A person must not, without reasonable excuse, give the Commission an incomplete return under Division 3, 4 or 5. Maximum penalty: (a) for an individual – 200 penalty units or imprisonment for 12 months; or (b) for a body corporate – 1 000 penalty units. (2A) A person must not, without reasonable excuse, fail to keep records in accordance with section 220. Maximum penalty: (a) for an individual – 200 penalty units or imprisonment for 12 months; or (b) for a body corporate – 1 000 penalty units. (3) A person must not give a return under Division 3, 4 or 5 containing particulars that are, to the person's knowledge, false or misleading in a material particular. Maximum penalty: If the offender is a natural person – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (4) A person (the provider) must not provide another person who is required to give a return under Division 3, 4 or 5 information relevant to the return that is, to the provider's knowledge, false or misleading in a material particular. Maximum penalty: If the offender is a natural person – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (5) It is enough for a complaint against a person for an offence against subsection (3) or (4) to state the particulars or information was, without specifying which, "false or misleading" to the knowledge of the person or provider. -- 137 of 206 -- Part 10 Donations and expenditure Division 6 Compliance Electoral Act 2004 122 216 Investigation notices generally (1) The Commission may conduct an investigation into compliance with this Part. (2) For the investigation, the Commission may give a notice (an investigation notice) in relation to a reporting agent or prescribed person to: (a) the agent or prescribed person; or (b) for the reporting agent of a registered party – any officer, employee or representative of the party; or (c) for a prescribed person that is a corporation – any of its officers or employees; or (d) anyone else the Commission reasonably believes can produce a document or anything else, or give evidence, about anyone's compliance with this Part. (3) The investigation notice must require the person to whom it is given to: (a) produce to the Commission, within the time and in the way stated in the notice, a document or something else stated in the notice; or (b) appear, at a time and place stated in the notice, before an officer to do the following: (i) give evidence orally or in writing; (ii) to produce a document or something else stated in the notice. (4) The time stated in the investigation notice must be not earlier than 28 days after the person receives the notice. (5) If the investigation notice requires an officer, employee or representative of a registered party other than its reporting agent to appear before an officer, the reporting agent of the party is entitled to: (a) attend the investigation; or (b) nominate someone else to attend on the reporting agent's behalf. -- 138 of 206 -- Part 10 Donations and expenditure Division 6 Compliance Electoral Act 2004 123 (6) If the investigation notice requires someone other than the financial controller of an associated entity to appear before an officer in relation to an investigation into the entity, the financial controller is entitled to: (a) attend the investigation; or (b) nominate someone else to attend on the financial controller's behalf. (7) Subsection (8) applies if: (a) the investigation notice relates to an investigation into: (i) a return given to the Commission under section 191 by the reporting agent of a candidate; or (ii) a failure of a reporting agent of a candidate to give the Commission a return under this Part within the time required; and (b) the notice requires someone other than the reporting agent to appear before an officer. (8) The reporting agent is entitled to: (a) attend the investigation; or (b) nominate someone else to attend on the reporting agent's behalf. (9) The Commission may conduct the investigation even though the person to whom the investigation notice was given contravenes the notice. (10) The Commission may require the person to whom the investigation notice has been given to give evidence on oath. (11) In this section: prescribed person means a person who, in the Commission's opinion, is or may be required to give the Commission a return under this Part in relation to an election. -- 139 of 206 -- Part 10 Donations and expenditure Division 6 Compliance Electoral Act 2004 124 217 Investigation notices about associated entities (1) This section applies if: (a) the Commission reasonably believes a person can produce a document or anything else, or give evidence, about whether an entity is, or was at a particular time, an associated entity; and (b) the person is or has been the financial controller or an officer or employee of the entity. (2) The Commission may give the person a notice (an investigation notice) requiring the person to: (a) produce to the Commission, within the time and in the way stated in the notice, a document or something else stated in the notice; or (b) appear, at a time and place stated in the notice, before an officer to do the following: (i) give evidence orally or in writing; (ii) to produce a document or something else stated in the notice. (3) The time stated in the investigation notice must not be earlier than 28 days after the day the person receives the notice. (4) If the investigation notice requires someone other than the financial controller of the associated entity to appear before an officer, the financial controller is entitled to: (a) attend the investigation; or (b) nominate someone else to attend on the financial controller's behalf. (5) The Commission may conduct the investigation even though the person to whom the investigation notice was given contravenes the notice to attend. (6) On giving the investigation notice to the person, the Commission must also give the person an information notice for the decision to give the person the notice. (7) The person is taken not to have failed to comply with the investigation notice if the person appeals against the decision under section 229 and the appeal has not been decided. -- 140 of 206 -- Part 10 Donations and expenditure Division 6 Compliance Electoral Act 2004 125 (8) The Commission may require the person to whom the investigation notice has been given to give evidence on oath. (9) This section is in addition to, and does not limit, section 216. 218 Investigation notice offences (1) A person must not, without reasonable excuse, contravene an investigation notice. Maximum penalty: If the offender is a natural person – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. (2) A person must not, in response to an investigation notice, give evidence the person knows is false or misleading in a material particular. Maximum penalty: If the offender is a natural person – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. 219 Investigation – search warrants (1) An authorised officer may apply to a Local Court Judge, by information on oath, for a search warrant for a place if: (a) the officer has reasonable grounds for suspecting there may be, at that time or within the next 24 hours, in or on the place, an article that may afford evidence relating to a contravention of section 215 (a relevant article); and (b) the officer has reasonable grounds for believing that, if an investigation notice under section 216 were issued for the production of the relevant article, it might be concealed, lost, mutilated, destroyed or disposed of. (2) The Judge must not issue a search warrant unless: (a) the officer or another person has given the Judge, either orally or by affidavit, any further information the Judge requires about the grounds on which the issue of the warrant is being sought; and -- 141 of 206 -- Part 10 Donations and expenditure Division 6 Compliance Electoral Act 2004 126 (b) the Judge is satisfied there are reasonable grounds for issuing the warrant. (3) If the Judge issues a warrant, the Judge must endorse on the application the grounds relied on to justify the issue of the warrant. (4) The warrant authorises the officer or another person named in the warrant, with the assistance the officer or person considers necessary, and if necessary by force: (a) to enter the place; and (b) to search the place for relevant articles; and (c) to seize any relevant article found in or on the place. (5) The warrant must state: (a) the purpose for which it is issued, including a reference to the alleged offence in relation to which it is issued; and (b) the hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and (c) a description of the kind of articles to which it relates; and (d) the date, within 30 days after the warrant's issue, the warrant ceases to have effect. (6) The person executing the warrant must, if asked by the occupier of the place or another person on the place, produce the warrant for the person's inspection. (7) If an article is seized by a person under the warrant: (a) the person may keep the article for as long as is necessary and reasonable for the investigation to which it is relevant; and (b) when keeping the article ceases to be necessary and reasonable for that purpose, the person must give it to the person who appears to be entitled to possession of it. (8) If a document is kept under subsection (7)(a), the Commission must, at the times and places the Commission considers appropriate, permit the person otherwise entitled to possession of it to inspect and, at the person's expense, make copies of or take extracts from it. -- 142 of 206 -- Part 10 Donations and expenditure Division 6 Compliance Electoral Act 2004 127 (9) In this section: place includes: (a) vacant land; and (b) premises; and (c) a vehicle. premises includes: (a) a building or structure; and (b) a part of a building or structure; and (c) land on which a building or structure is situated. vehicle means anything used for carrying anything or any person by land, water or air. 220 Records (1) If a person makes or obtains an article that is or includes a record relating to a matter particulars of which are, or could be, required to be stated in a return under this Part relating to an election, the person must keep the record for at least 4 years starting on election day. (2) If a registered party or associated entity makes or obtains an article that is or includes a record relating to a matter particulars of which are, or could be, required to be stated in a return under Division 5, the party or entity must keep the record for at least 4 years starting on the day after the last day when the return must be given to the Commission. (3) If a person, registered party or associated entity (the transferor) would, in the normal course of business or administration, transfer to someone else a record mentioned in subsection (1) or (2): (a) the transferor is taken not to have contravened the subsection by transferring the record; and (b) the person to whom the record is transferred must keep the record for the period for which the transferor would have been required to keep the record if the record had not been transferred. -- 143 of 206 -- Part 10 Donations and expenditure Division 7 Miscellaneous provisions Electoral Act 2004 128 Division 7 Miscellaneous provisions 221 Inability to complete returns (1) If a person who is required to give the Commission a return under Division 3, 4 or 5 considers it is impossible to complete the return because the person is unable to obtain particulars required to prepare the return, the person may: (a) prepare the return to the extent it is possible to do so without the particulars; and (b) give the Commission the return so prepared; and (c) give the Commission written notice stating the following: (i) the return is incomplete because the person is unable to obtain certain particulars; (ii) the particulars the person is unable to obtain; (iii) the reasons why the person is unable to obtain the particulars; (iv) if the person reasonably believes another person whose name and address the person knows can give the particulars, that belief, the reasons for it and the name and address of the other person. (2) A person who complies with subsection (1) must not, because of the omission of particulars mentioned in subsection (1)(c)(ii), be taken to have given an incomplete return for section 215(2)(a). (3) If the Commission has been informed under subsection (1)(c) or (4)(e) that a person can give particulars that have not been included in a return, the Commission may, by written notice, require the person to give the Commission written notice of the particulars within the reasonable period stated in the notice. (4) If a person who is required to give the Commission particulars under subsection (3) considers the person is unable to obtain some or all of the particulars, the person must give the Commission a written notice stating: (a) the particulars the person is able to give; and (b) the person is unable to obtain certain particulars; and (c) the particulars the person is unable to obtain; and -- 144 of 206 -- Part 10 Donations and expenditure Division 7 Miscellaneous provisions Electoral Act 2004 129 (d) the reasons why the person considers the person is unable to obtain the particulars; and (e) if the person reasonably believes another person whose name and address the person knows can give the particulars, that belief, the reasons for it and the name and address of the other person. (5) If: (a) a notice is given to a person under subsection (3); and (b) the person complies with the notice or gives the Commission a notice under subsection (4); the person must not be taken to have given an incomplete return merely because of the omission of the required particulars. 222 Non-compliance with Part (1) The failure of a person to comply with a provision of this Part in relation to an election does not invalidate the election. (2) Without limiting subsection (1), if a candidate endorsed by a registered party is elected at an election, a failure by the reporting agent of the party to comply with a provision of this Part for the election does not invalidate the candidate's election. (3) In addition, without limiting subsection (1), if the reporting agent of a candidate who is elected at an election does not comply with a provision of this Part for the election, the failure does not invalidate the candidate's election. 223 Amendment of returns (1) If the Commission is satisfied a return under this Part contains a formal error or is subject to a formal defect, the Commission may amend the return to the extent necessary to correct the error or remove the defect. (2) A person authorised by subsection (3) may, by written notice signed by the person and given to the Commission, request the permission of the Commission to make a stated amendment of a return to correct an error or omission. (3) The request may be made by: (a) the person who gave the return; or -- 145 of 206 -- Part 10 Donations and expenditure Division 7 Miscellaneous provisions Electoral Act 2004 130 (b) if the return was given for a registered party or candidate – the reporting agent of the party or candidate; or (c) if the return was given in relation to an associated entity – the financial controller of the entity. (4) If the Commission is satisfied the request is justified, the Commission must permit the person to amend the return. (5) If the Commission decides to refuse the request, the Commission must give the person an information notice for the decision. (6) The amendment of a return under this section does not affect the liability of a person for an offence against section 215(2) or (4) arising out of the giving of the return. 224 Commission to publish returns (1) Subject to subsections (2) and (3), the Commission must publish on its website each return given to the Commission under this Part as soon as practicable after the Commission receives the return. (2) A return given to the Commission under: (a) section 191(d) or 192(a) must be published no later than 3 business days after the Commission receives the return; or (b) section 191(e) or 192(b) must be published no later than 2 business days after the Commission receives the return; or (c) any provision other than section 191(d) or (e) or 192(a) or (b) must be published no later than the end of any period prescribed by the Regulations after the Commission receives the return. (3) The Commission may decline to publish on its website, or may remove from its website, any return under this Part that in the opinion of the Commission may be false, misleading, vexatious or otherwise inaccurate. (4) On payment of a fee determined by the Commission, a person may obtain a copy of or extract from a return published under this section. -- 146 of 206 -- Part 11 Appeals Division 2 Appeals to Supreme Court Electoral Act 2004 131 Part 11 Appeals Division 1 Preliminary 225 Appealable decisions and affected persons Each of the Commission's decisions in Schedule 2 is an appealable decision and a person or political party stated opposite the decision is an affected person for the decision. 226 Information notices (1) An information notice for an appealable decision is a written notice stating the following: (a) the decision; (b) the reasons for the decision; (c) the appeal details. (2) The validity of an appealable decision is not affected by a failure: (a) to give an information notice to an affected person for the decision; or (b) to comply with this section. 227 Appeal details The appeal details for an information notice are as follows: (a) an affected person may appeal against the appealable decision to which the notice relates; (b) the period allowed for applying for starting an appeal; (c) how to start an appeal. Division 2 Appeals to Supreme Court 228 Appeals against appealable decisions An affected person for an appealable decision may appeal against the decision to the Supreme Court. 229 How to start appeal (1) The appeal is started by filing notice of appeal with the Registrar of the Supreme Court. -- 147 of 206 -- Part 11 Appeals Division 2 Appeals to Supreme Court Electoral Act 2004 132 (2) The notice must be filed within 28 days after: (a) if the person receives an information notice for the appealable decision – the day the person receives the notice; or (b) if paragraph (a) does not apply – the day the person becomes aware of the decision. 230 Operation and implementation of appealable decision (1) The appeal does not affect the operation or implementation of the appealable decision. (2) However, the Supreme Court may make an order staying or otherwise affecting the operation or implementation of so much of the decision as the Court considers appropriate to effectively hear and decide the appeal. (3) The order: (a) is subject to any conditions stated in it; and (b) has effect: (i) for the period stated in it; or (ii) if no period is stated in it – until the Court has decided the appeal. 231 Decision on appeal (1) In deciding the appeal, the Supreme Court may: (a) confirm or vary the appealable decision; or (b) set the decision aside and substitute its own decision; or (c) set the decision aside and remit the matter to the Commission with the directions it considers appropriate. (2) For subsection (1), the Court may make the orders and give the directions it considers appropriate. (3) If the Court varies the appealable decision or substitutes its own decision for the appealable decision, the varied or substituted decision is, for this Act (other than this Part), taken to be the Commission's decision. -- 148 of 206 -- Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 2 Disputed elections Electoral Act 2004 133 Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 1 Court of Disputed Returns 232 Establishment The Court of Disputed Returns is established. 233 Constitution The Court of Disputed Returns is constituted by a Supreme Court Judge. 234 Jurisdiction The Court of Disputed Returns has the following jurisdiction: (a) jurisdiction to decide applications made under Division 2 and questions referred to it under Division 3; (b) any other jurisdiction conferred on it by another Act. 235 Record of proceedings The Court of Disputed Returns must keep a record of its proceedings. Division 2 Disputed elections 236 Validity of election may be disputed after election (1) A person may dispute the validity of an election only by making application in accordance with this Division after the result of the election is declared. (2) Without limiting subsection (1), the validity of the election may be disputed if any of the following matters apply to the election: (a) the acceptance or rejection of a nomination of a candidate by the Commission; (b) the eligibility of a person to be nominated as a candidate; (c) any matter connected with the printing or endorsement of ballot papers; -- 149 of 206 -- Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 2 Disputed elections Electoral Act 2004 134 (d) any matter connected with the issue or scrutiny of ballot papers by an officer; (e) any matter connected with the admission or rejection of declaration votes by an officer at the preliminary scrutiny. 237 Who may dispute election The following persons are entitled to dispute the validity of an election: (a) a candidate in the election; (b) an elector entitled to vote at the election; (c) the Commission; (d) a person whose nomination as a candidate was rejected by the Commission. 238 Making application (1) The application must be made to an Associate Judge not later than 21 days after the day fixed for the return of the writ for the election. (2) The application must: (a) be addressed to the Court of Disputed Returns; and (b) state the facts relied on to invalidate the election; and (c) state the facts with sufficient particularity to identify the specific matter or matters on which the applicant relies as justifying the grant of relief; and (d) ask for the relief to which the applicant claims to be entitled; and (e) be signed by the applicant; and (f) be signed by 2 witnesses whose occupations and addresses are stated. 239 Lodgment of security for costs The applicant must, when making the application, lodge $500 with the Associate Judge as security for costs. -- 150 of 206 -- Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 2 Disputed elections Electoral Act 2004 135 240 Notice of application (1) The Associate Judge must, as soon as practicable after the application is made, give a copy of it to the Clerk of the Legislative Assembly. (2) Within 2 days after making the application, the applicant must give written notice of the application and a copy of it to: (a) the Commission; and (b) if the application claims a candidate who has not been returned as elected for a division was entitled to be so returned – the candidate, if any, returned as elected for the division. 241 Parties to proceeding The applicant and the persons given notice of the application are parties to a proceeding under this Division. 242 Reply to application (1) A person given notice of the application may contest the application by filing a reply with the Associate Judge and giving a copy of the reply to the applicant. (2) The person must comply with subsection (1) not later than 7 days after the person receives the notice or the further time the Court of Disputed Returns allows. (3) The reply must: (a) state the facts on which the person proposes to reply; and (b) ask for the relief to which the person claims to be entitled; and (c) be signed by the person; and (d) if the reply is by a person other than the Commission – be signed by 2 witnesses whose occupations and addresses are stated. 243 Inquiries by Court (1) For deciding the application, the Court of Disputed Returns may inquire into any of the following: (a) the identity of voters; -- 151 of 206 -- Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 2 Disputed elections Electoral Act 2004 136 (b) whether votes were improperly admitted or rejected; (c) whether the result of voting was correctly ascertained. (2) However, the Court must not inquire into the correctness of a roll and must take the roll to be conclusive evidence that the persons enrolled were, at the close of the roll, entitled to be enrolled. (3) In addition, the qualification of a person enrolled cannot be questioned. 244 Certain evidence not admissible The Court of Disputed Returns must not: (a) in deciding whether the actions of an officer affected the results of the election, admit evidence of the way in which a person, who was wrongly prevented from voting at the election by an officer, would have voted; or (b) admit evidence from a person mentioned in paragraph (a) unless the person satisfies the Court the person was wrongly prevented from voting. 245 Court may have regard to certain rejected ballot papers In making its decision on the application, the Court of Disputed Returns may have regard to ballot papers rejected during the conduct of the scrutiny of votes if it is satisfied the ballot papers should not have been rejected. 246 Decision on application (1) In making its decision on the application, the Court of Disputed Returns may dismiss or uphold the application in whole or part. (2) For subsection (1), the Court may make a declaration as follows: (a) declare a candidate who was returned as elected was not properly elected; (b) declare a candidate properly elected who was not returned as elected; (c) declare the election void. -- 152 of 206 -- Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 2 Disputed elections Electoral Act 2004 137 (3) The Court must make a declaration under subsection (2)(a) if it finds the candidate returned as elected has, in relation to the election at which the candidate was elected, committed or attempted to commit an offence against Part IV, Division 3 of the Criminal Code. (4) In addition, without limiting subsection (2)(a) or (c), the Court may make a declaration under the provision on the ground that illegal practices were committed in relation to the election. (5) However, the Court must not make a declaration under subsection (2)(a) or (c) on one of the following grounds unless it is satisfied of the matters mentioned in subsection (7): (a) an action that occurred without the knowledge of the candidate declared elected at the election; (b) the commission of an offence against this Act by the candidate declared elected at the election unless the Court is required to make the declaration under subsection (3). (6) In addition, the Court must not make a declaration under subsection (2)(c): (a) merely because of a delay in the declaration of nominations, voting or the return of the writ; or (b) on the ground that a person whose name appears on the roll for a division and who voted as an elector for the division was not qualified to be enrolled or to continue to be enrolled as an elector for the division. (7) For subsection (5), the matters are: (a) the result of the election was likely to have been affected by the action or commission of the offence; and (b) it is just that the Court make the declaration. (8) Subsection (3) does not prevent a prosecution for an offence mentioned in the subsection or another law in force in the Territory. 247 Costs (1) The Court of Disputed Returns may, by order, award the costs it considers appropriate in the proceeding. (2) The order must be entered as if it were a judgment of the Supreme Court. -- 153 of 206 -- Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 3 References by Legislative Assembly Electoral Act 2004 138 (3) The costs may be recovered and the order enforced accordingly. 248 Application of security for costs (1) The security lodged for the application may be applied only under this section. (2) If no order for costs is made or costs are awarded to the person who lodged the security for the application (the payer), the Associate Judge must refund the security to the payer. (3) If costs are awarded to a person other than the payer, the Associate Judge must apply the security toward the costs of the person to whom they are awarded and refund any balance to the payer. 249 Reporting of offences If the Court of Disputed Returns finds a person has committed an offence against this Act or Part IV, Division 3 of the Criminal Code, the Associate Judge must report the finding to the Attorney- General, the Director of Public Prosecutions and the Minister. 250 Copy of decision and declaration to be given to Clerk of Legislative Assembly The Associate Judge must give the Clerk of the Legislative Assembly a copy of the decision of the Court of Disputed Returns on the application and any declaration made for it by the Court. 251 Issue of writ if necessary If on the hearing the Court of Disputed Returns declares an election void, the Administrator must issue the writ necessary to hold a fresh election. Division 3 References by Legislative Assembly 252 Question relating to qualification or vacancy (1) The Legislative Assembly may, by resolution, refer to the Court of Disputed Returns, a question relating to: (a) the qualification of a person to be an MLA; or (b) a vacancy in the Legislative Assembly. -- 154 of 206 -- Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 4 Hearings of applications and references Electoral Act 2004 139 (2) Immediately after the resolution is passed, the Speaker of the Legislative Assembly must give the Court: (a) a copy of the reference certified by the Speaker; and (b) the documents or other material in the possession of the Legislative Assembly relating to the reference. 253 Parties to proceeding (1) The Court of Disputed Returns may: (a) grant leave to a person interested to appear before it on the decision of the reference; and (b) order service of a copy of the reference on the persons the Court considers appropriate. (2) The persons mentioned in subsection (1)(a) or (b) are parties to the proceeding for the reference. 254 Decision on reference In making its decision on the reference, the Court of Disputed Returns may make a declaration as follows: (a) a person was or was not qualified to be an MLA; (b) a vacancy does or does not exist in the number of MLAs. 255 Copy of decision and declaration to be given to Speaker The Associate Judge must give the Speaker of the Legislative Assembly a copy of the decision of the Court of Disputed Returns on the reference and any declaration made for it by the Court. Division 4 Hearings of applications and references 256 Application of Division This Division applies to the hearing of a proceeding for an application under Division 2 or a reference under Division 3. 257 Hearing procedures (1) The Court of Disputed Returns may adjourn the hearing for the period it considers appropriate. -- 155 of 206 -- Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 4 Hearings of applications and references Electoral Act 2004 140 (2) In conducting the hearing, the Court: (a) is not bound by the rules of evidence; and (b) may inform itself on a matter in a way it considers appropriate; and (c) may decide the procedures to be followed for the hearing. (3) However, the Court must comply with this Division and any rules regulating the practice and procedure of the Court. 258 General powers of Court (1) In conducting the hearing, the Court of Disputed Returns may: (a) compel the attendance of witnesses or the production of documents; or (b) examine witnesses on oath; or (c) receive evidence on affidavit or by statutory declaration. (2) In addition, in conducting the hearing of an application the Court may: (a) grant to a party to the proceeding leave to: (i) inspect, in the presence of an officer nominated by the Court, the rolls and other documents (except ballot papers) used for the election to which the application relates; and (ii) take, in the presence of the officer, extracts from the rolls and documents; or (b) permit, at any stage of a proceeding and on the terms it considers appropriate, the amendments to the application or other pleadings it considers appropriate. 259 Hearing open to public The hearing must be open to the public. 260 Representation at hearing (1) A party to the proceeding may not be represented at the hearing by an agent or legal practitioner other than with the consent of the other parties or by leave of the Court of Disputed Returns. -- 156 of 206 -- Part 12 Court of disputed returns, disputed elections and references by Legislative Assembly Division 5 Miscellaneous provisions Electoral Act 2004 141 (2) Consent or leave may be given to allow only one agent or legal practitioner to appear for a party at the same time. 261 Contempt The Court of Disputed Returns may punish a contempt of its authority as if it were the Supreme Court and as if the contempt were a contempt of the Supreme Court. 262 Decision final Despite any other Act, the decision of the Court of Disputed Returns on the hearing: (a) is final and conclusive; and (b) cannot be challenged, appealed against, reviewed, quashed, set aside or called into question in any court or tribunal on any ground; and (c) is not subject to any proceedings for an injunction, declaration or order for prohibition or mandamus. Division 5 Miscellaneous provisions 263 Rules of Court The Judges of the Supreme Court (other than acting or additional Judges under that Act) or a majority of the Judges may make rules, not inconsistent with this Act, for any of the following: (a) regulating the practice and procedure of the Court of Disputed Returns; (b) conferring on the Court additional powers necessary or convenient for carrying out its functions; (c) any other provision necessary or convenient for carrying into effect this Part relating to the Court. -- 157 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 1 Protection of election rights and duties Electoral Act 2004 142 Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 1 Protection of election rights and duties 264 Interfering with election right or duty A person must not interfere with the free exercise or performance, by another person, of a right or duty under this Act relating to an election. Maximum penalty: If the offender is a natural person – 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units. 265 Making false statements about entitlement to vote (1) A person must not inform another person that the other person is not an elector if the other person is an elector. Maximum penalty: 200 penalty units or imprisonment for 12 months. (2) A person must not inform another person that the other person is not an elector for a particular division if the other person is an elector for the division. Maximum penalty: 200 penalty units or imprisonment for 12 months. 266 Improperly influencing voters (1) A person must not, by violence or intimidation, influence the vote of another person at an election. Maximum penalty: If the offender is a natural person – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. -- 158 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 2 Campaigning offences Electoral Act 2004 143 (2) An officer must not, in exercising a power or performing a function under this Act, do anything to influence the vote of another person at an election. Maximum penalty: If the offender is a natural person – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. 267 Secrecy of vote (1) A person who is present when a voter votes must not: (a) ascertain or disclose by word, act or in another way the voter's vote; or (b) directly or indirectly require, induce or attempt to induce the voter to show how the voter intends to vote; or (c) communicate with or assist the voter while voting or look at the voter's ballot paper; or (d) interfere with the voter's casting of a vote. Maximum penalty: 200 penalty units or imprisonment for 12 months. (2) Subsection (1) does not apply to the extent a person acts under section 67 or 87 or at the voter's request. Subdivision 2 Campaigning offences 268 Definitions In this Subdivision: alternate prohibition zone means an alternate prohibition zone designated under section 275A. campaigning activity means any of the following: (a) canvassing for votes; (b) soliciting the vote of a person; (c) inducing a person not to vote for a particular candidate; (d) inducing a person not to vote at the election; -- 159 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 2 Campaigning offences Electoral Act 2004 144 (e) exhibiting a notice or sign relating to the election. designated campaign area means an area designated under section 275B. distribute means print, publish, produce or disseminate. newspaper means a newspaper published or distributed in the Territory. 268A Meaning of campaign material (1) Campaign material is an advertisement, document or any other thing that is intended to promote the electoral prospect of a particular candidate or group of candidates for an election. (2) Without limiting subsection (1), campaign material includes any of the following: (a) an electoral advertisement; (b) a printed document containing an electoral matter (for example, a handbill, pamphlet or how-to-vote card); (c) a message containing an electoral matter that is sent by telephone or otherwise broadcast by electronic means; (d) material containing an electoral matter that is published. (3) The Commissioner may, in writing, declare a thing mentioned in subsection (1) or (2) is not campaign material. (4) The Commissioner may do so only if the Commissioner is satisfied the declaration is warranted having regard to all of the following: (a) any information contained in the thing and the way in which the information is presented; (b) the person for whom the thing is created; (c) the way in which the thing is intended to be used or distributed; (d) any other matters as the Commissioner considers appropriate. 269 Application of Division This Division applies to the publication or distribution of advertisements, newspapers, electoral articles and other documents during the election period for an election. -- 160 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 2 Campaigning offences Electoral Act 2004 145 270 Offences relating to campaign material (1) A person must not publish or distribute any campaign material unless: (a) the material clearly states, in a sufficient font size to be read by the intended audience for the material and given the type of material, the name and address of the person authorising the publication or distribution; and (ab) the material clearly identifies, in a sufficient font size to be read by the intended audience for the material and given the type of material, the source of the funding for that material, whether a political party, candidate, associated entity, third party campaigner or otherwise; and (b) if the material is a printed document – the material includes the name and address of the printer who printed the document; and (c) if the material is intended to be viewed from 2 sides – the information mentioned in paragraphs (a) and (b) is included on both sides. Maximum penalty: 100 penalty units. (2) Subsection (1) does not apply to the announcement by advertisement in a newspaper of the holding of a meeting. (3) A person must not publish or distribute any campaign material that: (a) is likely to: (i) mislead a voter; or (ii) deceive a voter; or (iii) improperly interfere with a voter casting a vote; or (b) contains an untrue or incorrect statement. Maximum penalty: 100 penalty units. 271 Offence relating to push-polling (1) A person must, before conducting any push-polling, state clearly the name and address of the person authorising the push-polling: (a) for push-polling conducted by a telephone call – to the receiver of the call; or -- 161 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 2 Campaigning offences Electoral Act 2004 146 (b) for push-polling conducted in a meeting with another person – to the other person. (2) The person authorising the push-polling commits an offence if subsection (1) is contravened because of an act or omission of the person. Maximum penalty: 100 penalty units. (3) In this section: push-polling means any activity conducted as part of a telephone call made, or a meeting held, during the election period for an election, that: (a) is, or appears to be, a survey (for example, a telephone opinion call or telemarketing call); and (b) is intended to influence a voter in deciding their vote. 272 Heading of advertisements (1) This section applies to the publication in a newspaper of an advertisement if any payment, reward, compensation or promise is or is to be made for the publication. (2) The proprietor of the newspaper must ensure the word "advertisement" is printed as a headline, in letters not smaller than 10 point, to the advertisement. (3) In this section: advertisement means: (a) an article or paragraph containing electoral matter; or (b) a report of a speech of a candidate in an election. 273 Electoral articles to be signed or state particulars of author (1) A person must not distribute a circular, pamphlet or handbill containing an electoral article unless: (a) the article is signed by the author; or -- 162 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 2 Campaigning offences Electoral Act 2004 147 (b) the true name and address of the author is stated at the end of the article. Maximum penalty: If the offender is a natural person – 100 penalty units. If the offender is a body corporate – 500 penalty units. (2) The proprietor of a newspaper must ensure an electoral article published in the newspaper contains the true name and address of the author at the end of the article. Maximum penalty: If the offender is a natural person – 100 penalty units. If the offender is a body corporate – 500 penalty units. (3) Subsections (1) and (2) do not apply to the publication in a newspaper of: (a) a leading article; or (b) an article that consists solely of a report of a meeting and does not contain any comment, other than comment made by a speaker at the meeting. Maximum penalty: If the offender is a natural person – 100 penalty units. If the offender is a body corporate – 500 penalty units. (4) In this section: address, of the author of an electoral article, means: (a) if the author is the registered officer of registered party – the party's address; or (b) if the author is the proprietor of a newspaper or an employee of the proprietor of a newspaper – the proprietor's business address; or (c) otherwise – the street name (if any) and locality of the author's residence. -- 163 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 2 Campaigning offences Electoral Act 2004 148 electoral article means an article, report, letter or other matter, or part of an article, report, letter or other matter, commenting on a candidate or political party or the issues being submitted to, or otherwise before, the electors at an election. 274 Exemptions for distribution of electoral articles (1) Section 273(1) does not apply to electoral matter on any of the following items unless the item includes a representation of a ballot paper: (a) a letter from an MLA that includes the name of the MLA and an indication that the person is an MLA; (b) a press release published by or for an MLA that includes the name of the MLA and an indication that the person is an MLA; (c) an annual report required under an Act or another publication of an Agency; (d) a business or visiting card that promotes the candidacy of a person in an election. (2) In this section: publication, of an Agency, does not include a publication that is published for the first time within 6 months immediately before a general election if the publication includes a picture of an MLA. 275 Campaigning activities near voting centres (1) Subject to section 275B, a person must not engage in a campaigning activity during voting hours: (a) within 100 metres of the entrance of an election day voting centre, including airspace; or (b) if an alternate prohibition zone has been designated for the election day voting centre – within the alternate prohibition zone. Maximum penalty: 20 penalty units. (2) Subject to section 275B, a person must not engage in a campaigning activity at any time during the election period other than during voting hours: (a) within 10 metres of the entrance of an early voting centre; or -- 164 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 2 Campaigning offences Electoral Act 2004 149 (b) if an alternate prohibition zone has been designated for the early voting centre – within the alternate prohibition zone. Maximum penalty: 20 penalty units. (2A) Despite subsection (2), if an election day voting centre is situated on grounds within an enclosure, the boundaries of the alternate prohibition zone must be the boundaries of the enclosure. (3) Subject to section 275B, a person must not engage in a campaigning activity during the election period: (a) within 10 metres of the entrance of a mobile voting centre; or (b) if an alternate prohibition zone has been designated for the mobile voting centre – within the alternate prohibition zone. Maximum penalty: 20 penalty units. (4) A person must not engage in a campaigning activity by using a loud speaker, public address system or any other tool to enhance the volume of a sound to broadcast matter that is audible: (a) within 100 metres of the entrance of an election day voting centre or a mobile voting centre during voting hours; or (b) within 10 metres of the entrance of an early voting centre or a mobile voting centre at any time during the election period other than during voting hours on election day; or (c) if an alternate prohibition zone has been designated for a voting centre – within the alternate prohibition zone. Maximum penalty: 20 penalty units 275A Alternate prohibition zone (1) The Commission may designate an alternate prohibition zone for a voting centre. (2) The boundaries of the alternate prohibition zone must be between 10 and 100 metres of the voting centre. (3) Subject to subsection (4), the Commission must give written notice of the alternate prohibition zone to each candidate in the relevant division as soon as practicable after it is designated. -- 165 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 2 Campaigning offences Electoral Act 2004 150 (4) If the alternate prohibition zone is designated on a day that a vote will be cast at the voting centre, the Commission must give notice to each candidate in the relevant division and the notice must be reasonable and practicable in the circumstances. 275B Designated campaign areas (1) The Commission may designate an area to be a designated campaign area in a place where campaigning activity is prohibited under section 275 or 275A. (2) A person may engage in the following conduct in a designated campaign area: (a) canvass for votes; (b) solicit the vote of a person; (c) hand out how-to-vote cards. (3) A designated campaign area must be: (a) large enough to allow up to 3 campaigners for each candidate registered in the relevant division; and (b) accessible to voters; and (c) avoidable by voters who do not wish to engage with campaigners. (4) The Commission must give written notice of the designated campaign area to each candidate in the relevant division as soon as practicable after it is designated. 276 Badges, emblems etc. in voting centres A person must not wear or display in a voting centre a badge, emblem, poster or other thing associated with a political party or candidate. Maximum penalty: 5 penalty units. 277 Exhibition of electoral matter in voting centres (1) A person must not exhibit in a voting centre a card or paper containing electoral matter. Maximum penalty: 5 penalty units. (2) An offence against subsection (1) is a regulatory offence. -- 166 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 3 Offences relating to compulsory voting and entitlement to vote Electoral Act 2004 151 278 Publication of statements regarding candidates (1) A person must not publish or authorise to be published, on behalf of an entity, a statement: (a) expressly or impliedly claiming a candidate in an election is associated with, or supports the policy or activities of, the entity; or (b) expressly or impliedly advocating a candidate should be given the first preference vote in an election. Maximum penalty: If the offender is a natural person – 100 penalty units or imprisonment for 12 months. If the offender is a body corporate – 500 penalty units. (2) Subsection (1) does not apply if the candidate gives written authority to the publication of the statement. (3) In a proceeding for an offence against subsection (1), it must be presumed, unless the contrary is proved, that a statement purported to be made on behalf of an entity was made on behalf of the entity. (4) This section does not apply to a statement that: (a) is published on behalf of a registered party; and (b) relates to a candidate nominated by the party who has publicly declared his or her candidature to be on behalf of, or in the interests of, the party. Subdivision 3 Offences relating to compulsory voting and entitlement to vote 279 Compulsory vote (1) An elector who is entitled to vote at an election must vote at the election unless the elector has a valid and sufficient reason for not voting. Maximum penalty: 1 penalty unit. (2) Without limiting subsection (1), an elector is taken to have a valid and sufficient reason for not voting at an election if the elector is precluded from voting because of the elector's religious beliefs. -- 167 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 4 Voting fraud offences Electoral Act 2004 152 280 Person may vote only once (1) A person must not vote more than once at an election. Maximum penalty: 100 penalty units or imprisonment for 6 months. (2) An offence against subsection (1) is a regulatory offence. Subdivision 4 Voting fraud offences 281 Offences relating to supplying and obtaining ballot papers (1) A person must not supply a ballot paper unless authorised to do so for this Act. Maximum penalty: 100 penalty units. (2) A person must not pretend to be someone else to obtain a ballot paper to which the person is not entitled. Maximum penalty: 400 penalty units or imprisonment for 2 years. 282 Offences relating to marking ballot papers (1) A person, other than a person acting under section 67 or 87, must not mark a ballot paper other than a ballot paper issued to the person. Maximum penalty: 400 penalty units or imprisonment for 2 years. (2) An offence against subsection (1) is a regulatory offence. (3) A person acting under section 67 or 87 must not mark a ballot paper other than in accordance with the voter's instructions. Maximum penalty: 400 penalty units or imprisonment for 2 years. (4) A person acting under section 67 or 87 must not cause an officer to mark a ballot paper other than in accordance with the instructions of the voter. Maximum penalty: 400 penalty units or imprisonment for 2 years. -- 168 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 4 Voting fraud offences Electoral Act 2004 153 283 Other offences relating to ballot papers and ballot boxes (1) A person must not fraudulently place a ballot paper or other paper in a ballot box. Maximum penalty: 100 penalty units or imprisonment for 6 months. (2) A person must not fraudulently take a ballot paper out of a voting centre or scrutiny centre. Maximum penalty: 200 penalty units or imprisonment for 2 years. (3) A person must not destroy, take or interfere with a ballot paper or ballot box unless authorised to do so for this Act. Maximum penalty: 800 penalty units or imprisonment for 4 years. (4) A person, other than an officer acting under this Act, must not open a ballot box. Maximum penalty: 800 penalty units or imprisonment for 4 years. 284 Forgery (1) A person must not forge an electoral paper. Maximum penalty: If the offender is a natural person – 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units. (2) A person must not forge the signature of any person on any electoral paper. Maximum penalty 400 penalty units or imprisonment for 2 years. -- 169 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 5 Other offences relating to electoral papers Electoral Act 2004 154 Subdivision 5 Other offences relating to electoral papers 285 Offences relating to postal ballot papers (1) A person must not unlawfully induce or persuade a person to apply for a postal ballot paper. Maximum penalty: If the offender is a natural person – 100 penalty units or imprisonment for 6 months. If the offender is a body corporate – 500 penalty units. (2) A person, other than an authorised officer for the division for which a postal ballot paper has been issued, must not open a declaration envelope in which a postal ballot paper has been placed under section 67(4). Maximum penalty: 400 penalty units or imprisonment for 2 years. (3) An offence against subsection (2) is a regulatory offence. (4) A person must not receive or take possession of a postal ballot paper other than in accordance with this Act. Maximum penalty: If the offender is a natural person – 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units. (5) An offence against subsection (4) is a regulatory offence. 286 Opening envelopes containing declaration votes A person must not open an envelope that appears to contain a completed declaration ballot paper unless authorised to do so for this Act. Maximum penalty: 400 penalty units or imprisonment for 2 years. -- 170 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 5 Other offences relating to electoral papers Electoral Act 2004 155 287 False or misleading statements (1) A person must not, in an electoral paper, make a statement that is false or misleading in a material particular. Maximum penalty: If the offender is a natural person – 100 penalty units or imprisonment for 6 months. If the offender is a body corporate – 500 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if it is established the defendant did not know, and could not reasonably be expected to have known, that the relevant statement was false or misleading in a material particular. (3) It is enough for a complaint against a person for an offence against subsection (1) to state the statement was, without specifying which, "false or misleading" to the person's knowledge. 288 Defacement etc. of electoral papers A person must not fraudulently deface, remove, mutilate or destroy an electoral paper unless authorised to do so under this Act. Maximum penalty: If the offender is a natural person – 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units. 289 Signatures (1) If a person is required by this Act to sign an electoral paper, the person must sign it with his or her personal signature. Maximum penalty: 400 penalty units or imprisonment for 2 years. (2) For subsection (1), if a person is unable to sign his or her name in writing, the person must be taken to have signed an electoral paper if the person makes a mark on the paper by way of signature. -- 171 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 6 Official functions Electoral Act 2004 156 290 Duty of witnesses A person (the witness) must not sign an electoral paper as witness unless: (a) the witness is satisfied of the identity of the person signing the document; and (b) the witness has seen the person sign the document; and (c) either of the following apply: (i) the witness knows the statements contained in the document are true; (ii) the witness is satisfied, on the basis of inquiries of the person, the statements contained in the document are true. Maximum penalty: 400 penalty units or imprisonment for 2 years. 291 Sending completed electoral papers (1) A person who accepts an electoral paper for sending to the Commission must immediately post or deliver it to the Commission. Maximum penalty: 100 penalty units or imprisonment for 6 months. (2) An offence against subsection (1) is a regulatory offence. Subdivision 6 Official functions 292 Improper influence of officials A person must not do anything improper for the purpose of influencing any of the following in the exercise or performance of the person's powers or functions under this Act: (a) the Commission; (b) a member of the Redistribution Committee; (c) the Commissioner or an officer. Maximum penalty: 400 penalty units or imprisonment for 2 years. -- 172 of 206 -- Part 13 Electoral Offences and legal proceedings Division 1 Electoral offences Subdivision 6 Official functions Electoral Act 2004 157 293 Identification of voters and votes (1) An officer must not make a mark on a ballot paper that would be likely to enable the identification, directly or indirectly, of the person who votes on the ballot paper. Maximum penalty: 400 penalty units or imprisonment for 2 years. (2) An officer or scrutineer must not, directly or indirectly, disclose any information acquired in the exercise of functions under this Act that would be likely to enable it to be known how an identified voter has voted. Maximum penalty: 400 penalty units or imprisonment for 2 years. (3) In subsection (2): officer includes a person who has been, but is no longer, an officer. scrutineer includes a person who has been, but is no longer, a scrutineer. 294 Responses to official questions (1) A person must not, in answer to an official question, make a statement that is false or misleading in a material particular. Maximum penalty: 20 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if it is established that the defendant did not know, and could not reasonably be expected to have known, that the relevant statement was false or misleading in a material particular. (3) It is enough for a complaint against a person for an offence against subsection (1) to state the statement was, without specifying which, "false or misleading" to the person's knowledge. 295 Control of behaviour at voting centres and scrutiny centres (1) A person must not enter or remain in a voting centreor scrutiny centre except with the permission, express or implied, of the officer in charge of the place or centre. Maximum penalty: 400 penalty units or imprisonment for 2 years. (2) An offence against subsection (1) is a regulatory offence. -- 173 of 206 -- Part 13 Electoral Offences and legal proceedings Division 2 Legal proceedings Electoral Act 2004 158 (3) Subsection (1) does not apply to: (a) an officer; or (b) a scrutineer unless the scrutineer is, under section 47(5), no longer entitled to be at the voting centre or scrutiny centre; or (c) for a voting centre – a person voting or about to vote. (4) A person must not disrupt an activity being carried out under this Act at a voting centre or scrutiny centre. Maximum penalty: 400 penalty units or imprisonment for 2 years. (5) If an authorised officer at a voting centre or scrutiny centre reasonably believes a person's conduct is likely to disrupt an activity being carried out under this Act at the place or centre, the officer may direct the person to leave and stay away from the place or centre. (6) The person must not, without reasonable excuse, disobey the direction. Maximum penalty: 100 penalty units. (7) A person who does not comply with the direction may be removed from the place by a police officer. (8) A scrutineer must not, without reasonable excuse, communicate with any person in a voting centre other than in the exercise of the scrutineer's functions. Maximum penalty: 20 penalty units. (9) A scrutineer must not, without reasonable excuse, interfere with or attempt to influence a voter at a voting centre. Maximum penalty: 200 penalty units or imprisonment for 12 months. Division 2 Legal proceedings 296 Evidentiary provisions (1) This section applies to a legal proceeding under this Act. (2) A signature purporting to be the signature of the Commissioner is evidence of the signature it purports to be. -- 174 of 206 -- Part 13 Electoral Offences and legal proceedings Division 2 Legal proceedings Electoral Act 2004 159 (3) A certificate purporting to be signed by the Commissioner stating any of the following matters is evidence of the matter: (a) on a day a person was or was not enrolled for a division; (b) a document is a copy of a notice given under this Act; (c) on a day a person was given a notice under this Act; (d) a person was or was not declared to be a candidate for an election; (e) a nomination of a person to be a candidate in an election was rejected; (f) an election was properly held; (g) a person was or was not given a ballot paper for an election; (h) a person voted or failed to vote in an election; (i) on a day or during a period a person was or was not registered as the reporting agent of a registered party or candidate; (j) on a day or during a period no reporting agent was registered for a registered party or candidate; (k) on a day a person was or was not an authorised officer or officer; (l) on a day a person was or was not the delegate of the Commission or Commissioner; (m) a matter prescribed by the Regulations. (4) In subsection (3), a reference to a person or thing is a reference to a person or thing stated in the certificate. 297 Time limit for starting prosecutions Despite section 52 of the Local Court (Criminal Procedure) Act 1928, a prosecution for an offence against: (a) a provision of Part 9A or 10 may be started at any time within 4 years after commission of the offence; or (b) any other provision of this Act may be started at any time within 12 months after commission of the offence. -- 175 of 206 -- Part 13A Infringement notices for infringement offences Electoral Act 2004 160 298 Conduct of representatives (1) If, in a proceeding for an offence against this Act, it is necessary to establish a person's state of mind in relation to particular conduct, it is sufficient to show: (a) the conduct was engaged in by a representative of the person, within the scope of the representative's actual or apparent authority; and (b) the representative had that state of mind. (2) For a proceeding for an offence against this Act, conduct engaged in on behalf of a person by a representative within the scope of the representative's actual or apparent authority is taken to have been engaged in also by the person. (3) However, a natural person is not liable to be punished by imprisonment for an offence against this Act if the person would not have been found guilty of the offence if subsection (1) or (2) had not been enacted. (4) In this section: engaging in conduct includes failing or refusing to engage in conduct. representative means: (a) of a body corporate – an executive officer, employee or agent of the body corporate; or (b) of a natural person – an employee or agent of the person. state of mind of a person includes: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person's reasons for the intention, opinion, belief or purpose. Part 13A Infringement notices for infringement offences 300 When infringement notice may be served (1) If the Commission believes a person has committed an infringement offence, the Commission may serve a notice (an infringement notice) on the person. -- 176 of 206 -- Part 13A Infringement notices for infringement offences Electoral Act 2004 161 (2) If the infringement offence is an offence against section 279(1), the notice must be served within 3 months after the declaration of the election to which the offence relates. (3) However, the Commission must not serve an infringement notice for an offence against section 279(1) on an elector whose name is on the register kept under section 344. 301 Particulars to be included in infringement notice (1) An infringement notice must state the following: (a) the name and address of the alleged offender; (b) the date, time and place of the offence; (c) the nature of the offence and the prescribed amount payable for the offence; (d) the alleged offender may pay the prescribed amount to the Commission and the Commission's address; (e) the date of the notice and a statement that the prescribed amount may be paid within 28 days after that date; (f) a statement to the effect that, if the alleged offender wishes to pay the prescribed amount, the offender should complete the relevant part of the notice and return the notice with the prescribed amount to the person stated in the notice; (g) a statement to the effect that, if the alleged offender wishes to be dealt with by a court for the offence, the offender should not pay the prescribed amount but should complete the relevant part of the notice and return the notice to the person stated in the notice; (h) a statement that, if the alleged offender does nothing in response to the notice, a summons may be issued requiring the alleged offender to appear before the Local Court to be dealt with for the offence. (2) An infringement notice may include other particulars decided by the Commission. 302 Expiation of offence If the prescribed amount for the infringement offence is paid in accordance with the infringement notice, the alleged offence is expiated and no further proceedings can be taken in relation to the offence unless the notice is withdrawn under section 304. -- 177 of 206 -- Part 13A Infringement notices for infringement offences Electoral Act 2004 162 303 Payment by cheque If the alleged offender tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on presentation. 304 Withdrawal of infringement notice (1) The Commission may withdraw the infringement notice by written notice served on the alleged offender. (2) The notice must be served within 28 days after service of the infringement notice but before payment of the prescribed amount. 305 How service effected Service of an infringement notice or a notice of withdrawal of an infringement notice must be effected by: (a) delivering it to the alleged offender personally; or (b) posting it to the alleged offender at the alleged offender's last known address; or (c) leaving it for the alleged offender at the alleged offender's last known place of residence or business with a person who appears to be at least 16 years old and resident or employed there. 306 Application of Part (1) Subject to section 302, this Part does not prejudice or affect the start or continuing of proceedings for an infringement offence and does not limit the penalty that may be imposed by a court for the offence. (2) In addition, this Part does not prevent more than one infringement notice for the same offence being served on an alleged offender and, for section 302, it is sufficient for the alleged offender to pay the prescribed amount in accordance with any of the notices. (3) Also, this Part does not require an infringement notice to be served and does not affect the liability of a person to be prosecuted in a court for an infringement offence for which an infringement notice has not been served. -- 178 of 206 -- Part 14 Electoral Commission Division 1 Establishment, functions and powers Electoral Act 2004 163 Part 14 Electoral Commission Division 1 Establishment, functions and powers 307 Establishment The Northern Territory Electoral Commission is established. 308 Composition The Commission consists solely of the Commissioner. 309 Functions (1) The Commission's functions are as follows: (a) to maintain rolls and conduct elections under this Act; (b) to advise the Minister on matters relating to elections; (c) to consider, and report to the Minister on, matters relating to elections referred to it by the Minister; (d) to promote public awareness of matters relating to elections and the Legislative Assembly by conducting education and information programs and in any other way it chooses; (e) to provide information and advice on matters relating to elections to the Legislative Assembly, an Executive body, the head of an Agency, Territory authorities, political parties, MLAs and candidates at elections; (f) to conduct and promote research into matters relating to elections or other matters relating to its functions; (g) to publish material on matters relating to its functions; (h) to provide, on payment of the fee decided by it, goods and services to persons or organisations, to the extent that it is able to do so by using information or material in its possession or expertise acquired in the exercise of its functions; (i) to conduct ballots for persons and organisations; (j) to perform any other function given to it under this or another Act. (2) The Commission may exercise a function under subsection (1)(a) to (f) (inclusive) in conjunction with the Australian Electoral Commission. -- 179 of 206 -- Part 14 Electoral Commission Division 2 Miscellaneous provisions Electoral Act 2004 164 (3) In this section: election includes a referendum and any other ballot. Executive body means: (a) the Executive Council or a committee of the Executive Council; or (b) Cabinet or a committee of Cabinet. 310 Powers The Commission may do all things necessary or convenient to be done for or in relation to the performance of its functions. 311 Delegation (1) The Commission may, in writing, delegate to a person any of its powers or functions under this Act. (2) However, the Commission may delegate a power or function only to a person the Commission is satisfied has the appropriate qualifications or experience to exercise the power or perform the function. Division 2 Miscellaneous provisions 312 Status (1) For the Public Sector Employment and Management Act 1993, the Commission is an Agency. (2) The Commission is not subject to the direction or control of the Minister in the exercise or performance of its powers or functions. 313 Reports by commission (1) As soon as practicable after, but not more than 4 months after, the end of each financial year, the Commission must give the Speaker a report of the Commission's operations during the year. (2) In addition, the Commission may give the Speaker a report on any matter relating to its functions. (3) The Speaker must table a copy of a report given to the Speaker under subsection (1) or (2) in the Legislative Assembly within 3 sitting days after the Speaker receives the report. -- 180 of 206 -- Part 15 Electoral Commissioner and staff of Commission Division 1 Electoral Commissioner Subdivision 1 Establishment of office, functions and powers Electoral Act 2004 165 313A Code of conduct for campaign workers (1) The Commission may issue a code of conduct for campaign workers. (2) The Commission must consult with the leader of each registered party and each unendorsed MLA on the content of the code of conduct before issuing the code. Part 15 Electoral Commissioner and staff of Commission Division 1 Electoral Commissioner Subdivision 1 Establishment of office, functions and powers 314 Appointment of Electoral Commissioner (1) There is to be an Electoral Commissioner. (2) The Administrator may appoint an eligible person to be the Electoral Commissioner. (3) The appointment may be made only after receiving a recommendation of the Legislative Assembly. (4) The Minister must table a copy of the appointment in the Legislative Assembly within 6 sitting days after the appointment is made. 314A Eligibility for appointment (1) A person is an eligible person for appointment as the Electoral Commissioner if: (a) the person has suitable qualifications or experience relating to the Commissioner's functions; and (b) the person is committed to the purposes of this Act and its underlying principles; and (c) the person is not any of the following: (i) a judicial officer; (ii) a member of an Australian parliament; (iii) a member of a local government council or of an equivalent body in a State or another Territory; -- 181 of 206 -- Part 15 Electoral Commissioner and staff of Commission Division 1 Electoral Commissioner Subdivision 1 Establishment of office, functions and powers Electoral Act 2004 166 (iv) a member of a political party; and (d) the person does not have a recent political affiliation. (2) For subsection (1)(d), a person has a recent political affiliation if, at any time during the previous 5 years, the person: (a) was a member of the Legislative Assembly or a local government council; or (b) was an office holder or elected representative of a political party in the Territory or elsewhere in Australia; or (c) was a member of staff of a minister; or (d) made a reportable donation to a political party, or an associated entity of a political party, in the Territory or elsewhere in Australia. (3) For subsection (2)(d), a person made a reportable donation if it was made by the person or by a body corporate of which the person was an office holder or majority shareholder at the time the donation was made. (4) In this section: reportable donation means a gift or loan that is required to be disclosed or reported under Part 10 or under a similar law in force in the Commonwealth or in a State or another Territory. 315 Chief Executive Officer For the Public Sector Employment and Management Act 1993, the Commissioner is the Chief Executive Officer of the Commission. 316 Functions The Commissioner has the functions given to the Commissioner under this or another Act. 317 Powers The Commissioner may do all things necessary or convenient to be done for or in relation to the performance of the Commissioner's functions. 318 Approved forms (1) The Commissioner may approve forms for use under this Act. -- 182 of 206 -- Part 15 Electoral Commissioner and staff of Commission Division 1 Electoral Commissioner Subdivision 2 Appointment provisions Electoral Act 2004 167 (2) An approved form may be a statutory declaration or an unattested declaration. 319 Delegation (1) The Commissioner may, in writing, delegate to a person any of the Commissioner's powers or functions under this Act. (2) However, the Commissioner may delegate a power or function only to a person the Commissioner is satisfied has the appropriate qualifications or experience to exercise the power or perform the function. Subdivision 2 Appointment provisions 320 Term of appointment (1) The appointment of a person as the Commissioner is for a period of 5 years. (2) A person who is the Commissioner may be reappointed, if still eligible, for one further period of 5 years. 321 Conditions of appointment (1) The Commissioner holds office on the conditions, including conditions about remuneration, expenses and allowances, determined by the Administrator. (2) The Commissioner's conditions of office: (a) cannot provide any conditions (for example as to remuneration) that are contingent on the Commissioner's performance in office; and (b) cannot be varied during the Commissioner's term in office. 322 Vacancy in office (1) The office of Commissioner becomes vacant if: (a) the Commissioner resigns under section 323; or (b) the Commissioner's appointment is terminated under section 324; or (c) the Commissioner is found guilty of an offence, whether in the Territory or elsewhere, for which the maximum penalty is imprisonment for a term of at least 12 months, with or without a fine; or -- 183 of 206 -- Part 15 Electoral Commissioner and staff of Commission Division 1 Electoral Commissioner Subdivision 2 Appointment provisions Electoral Act 2004 168 (d) the Commissioner is sentenced to imprisonment for an offence, whether in the Territory or elsewhere and whether or not the sentence is suspended; or (e) the Commissioner becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (f) the Commissioner becomes a candidate for election as a member of an Australian parliament or a local government council; or (g) the Commissioner is no longer an eligible person for appointment. (2) A decision, an act or an omission of the Commissioner is not invalid only because of a defect in the appointment of the Commissioner, including not being an eligible person for appointment. 323 Resignation The Commissioner may resign office by written notice given to the Administrator. 324 Suspension and termination of appointment (1) The Administrator may suspend the Commissioner from duty if: (a) the Commissioner becomes physically or mentally incapable of satisfactorily performing official duties; or (b) the Commissioner engages in corrupt conduct as defined in section 10 of the Independent Commissioner Against Corruption Act 2017; or (c) the Commissioner engages in paid employment outside the duties of office without the Minister's approval; or (d) the Commissioner is absent from duty, without the approval of the Minister and without reasonable excuse, for 28 consecutive days or for 42 days in any period of 12 months. (2) The Minister must immediately give the Commissioner a statement of reasons for the suspension. (3) The Minister must table in the Legislative Assembly the statement and any written response by the Commissioner within 6 sitting days after the suspension. -- 184 of 206 -- Part 15 Electoral Commissioner and staff of Commission Division 1 Electoral Commissioner Subdivision 2 Appointment provisions Electoral Act 2004 169 (4) If, within 6 sitting days after the statement is tabled, a resolution of the Legislative Assembly is passed by a two-thirds majority of all of the Assembly requiring the Administrator to terminate the Commissioner's appointment, the Administrator must terminate the Commissioner's appointment. (5) The suspension of the Commissioner is lifted if: (a) the Minister does not table the statement under subsection (3); or (b) the Legislative Assembly does not pass a resolution in accordance with subsection (4). (6) The Commissioner is entitled to be paid remuneration and allowances during the period of suspension. 325 Leave of absence The Minister may grant the Commissioner leave of absence on the conditions decided by the Minister. 326 Acting Commissioner (1) The Administrator may appoint an eligible person for appointment as the Commissioner to act as the Commissioner: (a) during a vacancy in the office; or (b) during a period, or all periods, when the Commissioner, or another Acting Commissioner, is unable, or unavailable, to perform official duties. (2) An appointment to act as the Commissioner during a vacancy in the office may only be for a period or periods not exceeding in aggregate 6 months in any 12 month period. (3) If the office of Commissioner is vacant for a period of 18 months, no further appointment to act as the Commissioner during the vacancy can be made. (4) An Acting Commissioner holds office on the conditions, including conditions about remuneration, expenses and allowances, determined by the Administrator. -- 185 of 206 -- Part 15 Electoral Commissioner and staff of Commission Division 2 Staff of Commission Electoral Act 2004 170 327 Oath before taking office (1) Before performing any functions as Commissioner, the Commissioner must take an oath that the Commissioner will faithfully, impartially and truly perform the functions of the Commissioner according to law. (2) Before performing any functions as Acting Commissioner, an Acting Commissioner must take an oath that the Acting Commissioner will faithfully, impartially and truly perform the functions for which the Acting Commissioner is appointed, according to law. (3) The oath must be administered: (a) for the Commissioner – by the Administrator; or (b) for an Acting Commissioner – by the Administrator or the Minister. Division 2 Staff of Commission 328 Staff and consultants (1) All members of the Commission's staff are to be public sector employees. (2) A person who assists the Commission under an arrangement mentioned in section 329(1) is, while assisting the Commission, taken to be a member of the Commission's staff. (3) The Commission may engage the consultants the Commission considers necessary for the performing the Commission's functions. 329 Sharing staff and physical resources (1) The Commission may make arrangements for a person who is: (a) a member of the staff of another statutory office to assist the Commission; or (b) a member of the Commission's staff to assist the holder of another statutory office. (2) The Commission may make arrangements for the use by: (a) the Commission's office of the physical resources of another statutory office; or (b) another statutory office of the physical resources of the Commission's office. -- 186 of 206 -- Part 16 Redistribution Committee Division 1 Redistribution Committee Electoral Act 2004 171 330 Officers (1) The Commission may appoint a person to be an officer for this Act. (2) Without limiting subsection (1), the officers include: (a) the officer in charge of a voting centre; and (b) the officer in charge of a scrutiny centre; and (c) an officer for a poll or the scrutiny for an election. (3) However, a person who is under 18 years must not be appointed an officer. (4) In addition, a candidate or a spouse or de facto partner of a candidate must not be appointed an officer. Part 16 Redistribution Committee Division 1 Redistribution Committee 331 Establishment For each redistribution, a Redistribution Committee is established. 332 Composition The Redistribution Committee consists of the following members: (a) the Commissioner; (b) the Surveyor-General; (c) the Auditor-General; (d) the appointed member. 333 Chairperson The appointed member is the Chairperson of the Redistribution Committee. 336 Appointment of appointed member (1) The Administrator must, by Gazette notice, appoint a person as a member of the Redistribution Committee (the appointed member). -- 187 of 206 -- Part 16 Redistribution Committee Division 1 Redistribution Committee Electoral Act 2004 172 (2) A person is eligible for appointment as the appointed member of the Committee only if: (a) the person has served as, or is qualified for appointment as, a Supreme Court Judge or Local Court Judge; and (b) the person: (i) is not a member of a political party; and (ii) the person does not have a recent political affiliation. (2A) For subsection (2)(b)(ii), a person has a recent political affiliation if, at any time during the previous 5 years, the person: (a) was a member of the Legislative Assembly or a local government council; or (b) was an office holder or elected representative of a political party in the Territory or elsewhere in Australia; or (c) was a member of staff of a minister; or (d) made a reportable donation to a political party or an associated entity of a political party, in the Territory or elsewhere in Australia. (2B) For subsection (2A)(d), a person made a reportable donation if it was made by the person or by a body corporate of which the person was an office holder or majority shareholder at the time the donation was made. (3) Before a person mentioned in subsection (2) is appointed, the Minister must consult the following persons about the proposed appointment: (a) the leader of each political party represented in the Legislative Assembly; (b) all MLAs who are not also members of a political party represented in the Legislative Assembly. (3A) In this section: reportable donation means a gift or loan that is required to be disclosed or reported under Part 10 or under a similar law in force in the Commonwealth or in a State or another Territory. -- 188 of 206 -- Part 16 Redistribution Committee Division 3 Functions, powers and procedures of Redistribution Committee Electoral Act 2004 173 337 Term of appointed member's appointment The appointed member holds office from the date of the member's appointment until the date the Redistribution Committee is dissolved. 338 Conditions of appointment The appointed member holds office on the conditions (including conditions about remuneration, expenses and allowances) determined by the Administrator and stated in the appointment. 340 Dissolution The Redistribution Committee is dissolved on its giving the Commissioner a report on the redistribution for which it is established. Division 3 Functions, powers and procedures of Redistribution Committee 341 Functions (1) The Redistribution Committee has functions given to it under Part 8 for conducting redistributions. (2) The Commission must give the Redistribution Committee the information and assistance the Committee requires for performing its functions. 342 Powers The Redistribution Committee may do all things necessary or convenient to be done for or in relation to the performance of its functions. 343 Procedures (1) Subject to subsection (2), the Redistribution Committee may: (a) regulate the conduct of proceedings at its meetings as it considers appropriate; and (b) inform itself in any way it considers appropriate. (2) At a meeting of the Redistribution Committee, the Chairperson has a casting vote as well as a deliberative vote in the event of an equality of votes. -- 189 of 206 -- Part 17 Miscellaneous provisions Electoral Act 2004 174 Part 17 Miscellaneous provisions 344 Register of electors precluded from voting because of religious beliefs The Commission must keep a register of electors who give the Commission a statutory declaration stating the elector is precluded from voting because of the elector's religious beliefs. 345 Storage and destruction of electoral papers (1) This section applies to electoral papers in the Commission's possession that were used for an election. (2) The Commissioner must securely store the electoral papers until satisfied they are no longer required for exercising a power or performing a function under this Act. (3) The Commissioner may destroy the electoral papers when they are no longer required as mentioned in subsection (2). 346 Protection from liability (1) This section applies to a person who is or has been: (a) the Commissioner; or (b) an officer; or (c) a member of the Commission's staff. (2) The person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act. (3) Subsection (2) does not affect any liability the Territory would, apart from that subsection, have for the act or omission. 347 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. -- 190 of 206 -- Part 18 Repeal and transitional provisions Electoral Act 2004 175 (2) The Regulations may provide for any of the following: (a) fees payable, and the refund (wholly or partly) of fees paid, under this Act; (b) the designation of an offence against a regulation as a regulatory offence; (c) penalties for offences against the Regulations not exceeding 100 penalty units for a natural person and 500 penalty units for a body corporate. (3) The Regulations may: (a) make different provision in relation to: (i) different persons or matters; or (ii) different classes of persons or matters; or (b) apply differently by reference to stated exceptions or factors. Part 18 Repeal and transitional provisions 348 Definitions In this Part: commencement date means the date on which this Part comes into operation. former division has the meaning in section 350. new division has the meaning in section 350. repealed Act means the Northern Territory Electoral Act 1995 as in force immediately before the commencement date. 349 Repeal The Northern Territory Electoral Act 1995 (No. 37 of 1995) is repealed. 350 Divisions A division under the repealed Act as in force immediately before the commencement date (the former division) is a division for this Act with the same boundaries and name (the new division). -- 191 of 206 -- Part 18 Repeal and transitional provisions Electoral Act 2004 176 351 MLAs A person who, immediately before the commencement date, was a member of the Legislative Assembly for the former division is taken to be the MLA for the new division. 352 Rolls A roll of electors kept under the repealed Act for the former division and in force immediately before the commencement date is taken to be the roll kept under this Act for the new division. 353 Arrangement with Commonwealth The arrangement made under section 27 of the repealed Act and in force immediately before the commencement date is taken to be an arrangement made under section 20 of this Act. 354 Register of electors not voting because of religious beliefs (1) A religious beliefs register kept under the repealed Act for the former division and in force immediately before the commencement date is taken to be the register required to be kept under section 344 for the new division. (2) In this section: religious beliefs register means a register of the names and addresses of persons who have given the person's religious beliefs as an explanation for not having voted at an election. 355 Pending election (1) If, immediately before the commencement date, a writ for an election issued under the repealed Act had not been returned under that Act, the repealed Act, other than Part 12, applies to the election as if it had not been repealed. (2) For subsection (1), the repealed Act applies as if a reference to an officer under that Act were a reference to the Commissioner or other officer under this Act. (3) On the declaration of the results of the election: (a) the candidate returned as elected for the former division is taken to be the MLA for the new division; and (b) Part 12 of this Act applies to the election. -- 192 of 206 -- Part 18 Repeal and transitional provisions Electoral Act 2004 177 356 Pending legal proceedings (1) If, immediately before the commencement date, a proceeding under Part 12 of the repealed Act had not been decided, the proceeding may be heard and decided under that Act as if it had not been repealed. (2) For subsection (1): (a) the Election Tribunal established under the repealed Act is continued; and (b) the Judge constituting the Tribunal immediately before the commencement date continues to constitute the Tribunal; and (c) a decision or declaration of the Tribunal is taken to be a decision or declaration of the Court of Disputed Returns under Part 12, Division 2 or 3 of this Act. (3) If, immediately before the commencement date, the Chief Electoral Officer was a party to a legal proceeding pending or existing in any court or tribunal, the Commission is substituted for the Chief Electoral Officer as a party to the proceeding and has the same rights and obligations the Chief Electoral Officer had in the proceeding. 357 Chief Electoral Officer (1) The person holding office as the Chief Electoral Officer (the former office) under the repealed Act immediately before the commencement date holds office as the Commissioner on the conditions on which the person held the former office until the earlier of the following: (a) the person's term of appointment to the former office ends; (b) a person is appointed Commissioner under section 314 of this Act. (2) In an Act or document, a reference to the Chief Electoral Officer may, if the context permits, be taken to be a reference to the Commission or Commissioner as the case requires. 358 Election Tribunal Trust Account The Master must close the trust account kept for section 108(5) of the repealed Act and pay the balance of the account to the Central Holding Authority. -- 193 of 206 -- Part 21 Transitional matters for Integrity and Accountability Legislation Amendment Act 2019 Electoral Act 2004 178 359 References to repealed Act In an Act or document, a reference to the repealed Act or a provision of that Act may, if the context permits, be taken to be a reference to this Act or the corresponding provision of this Act. Part 19 Transitional matters for Electoral Legislation Amendment Act 2016 360 Transitional matter The amendments made to this Act by the Electoral Legislation Amendment Act 2016 do not apply to an election or general election (including an extraordinary general election) for which a writ was issued under Part 5 before the commencement of that Act. Part 20 Transitional matters for Electoral Amendment Act 2018 361 Appointed member and Chairperson of Redistribution Committee (1) The person holding office as the appointed member and Chairperson of the Augmented Redistribution Committee immediately before the commencement date holds office as the appointed member and Chairperson of the Redistribution Committee on and after the commencement date on the conditions on which the person held the former office. (2) In this section: commencement date means the date on which section 26 of the Electoral Amendment Act 2018 comes into operation. Part 21 Transitional matters for Integrity and Accountability Legislation Amendment Act 2019 362 Effect on Commissioner in office (1) The office holder continues to hold the office of Commissioner on the same terms and conditions that applied to the office holder's appointment before the commencement. -- 194 of 206 -- Part 22 Transitional matters for Electoral Legislation Further Amendment Act 2019 Electoral Act 2004 179 (2) After the commencement, this Act applies to the office holder for the purposes of any reappointment as Commissioner and the term of office that the office holder held before the commencement is to be counted for section 320(2). (3) In this section: commencement means the commencement of section 15 of the Integrity and Accountability Legislation Amendment Act 2019. officer holder means the person who, immediately before the commencement, held office as the Commissioner. Part 22 Transitional matters for Electoral Legislation Further Amendment Act 2019 363 Disclosure of gifts – reporting agent of a candidate, persons incurring political expenditure and donations to candidates (1) Subject to subsection (2), despite the repeal of sections 191 and 192 and the amendment of section 193 by the Electoral Legislation Further Amendment Act 2019, each section and any other necessary provision of this Act, as in force immediately before those repeals or amendments: (a) continues to apply in respect of a person to whom it applied immediately before the repeals or amendments; and (b) ceases to apply immediately after the person gives the required return to the Commission. (2) For subsection (1), despite anything to the contrary in this Act or the Electoral Legislation Further Amendment Act 2019: (a) the disclosure period for each return is taken to end on 31 December 2019; and (b) each return must be given to the Commission no later than 60 days after that date. 364 Disapplication of monetary units indexation scheme for 2020 election Despite the references to 40 000 monetary units in section 203B(1)(a) and (b), the applicable amounts mentioned in those paragraphs for the capped expenditure period beginning on 1 January 2020 are taken to be $40 000. -- 195 of 206 -- Schedule 1 Form of writ Electoral Act 2004 180 Schedule 1 Form of writ section 27(1) NORTHERN TERRITORY OF AUSTRALIA ELECTORAL ACT 2004 WRIT To: The Electoral Commission I request that you conduct an election in accordance with the Electoral Act 2004 for one member of the Legislative Assembly of the Northern Territory of Australia for the division of [insert name of division].* I request that you conduct a general election in accordance with the Electoral Act 2004 for all members of the Legislative Assembly of the Northern Territory of Australia.* I fix the following dates for the election: [insert date] to be nomination day; [insert date] to be election day; [insert date] to be the last day on which this writ may be returned. Given under my hand and the Public Seal of the Northern Territory of Australia on [insert date]. Administrator * Delete whichever is inapplicable. -- 196 of 206 -- Schedule 2 Appealable decisions and affected persons Electoral Act 2004 181 Schedule 2 Appealable decisions and affected persons section 225 A decision under section 158(1) or (2) to refuse an application for registration of a political party The party A decision under section 157(1) to register a political party A person who objected to registration of the party A decision under section 158(1) or (2), as applied by section 169(2), to refuse to change the registered particulars of a political party The party A decision under section 161(3) to cancel the registration of a political party The party A decision under section 175F to refuse an application for registration of an associated entity or a third party campaigner The applicants A decision to give a notice under section 217 The person given the notice A decision to refuse a request under section 223(2) to make a stated amendment of a return The person making the request -- 197 of 206 -- ENDNOTES Electoral Act 2004 182 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Electoral Act 2004 (Act No. 11, 2004) Assent date 1 March 2004 Commenced 15 March 2004 (Gaz S6, 15 March 2004) Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Statute Law Revision Act 2008 (Act No. 6, 2008) Assent date 11 March 2008 Commenced 11 March 2008 Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Electoral Amendment Act 2009 (Act No. 3, 2009) Assent date 12 March 2009 Commenced 12 March 2009 Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Penalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5) -- 198 of 206 -- ENDNOTES Electoral Act 2004 183 Electoral and Other Legislation Amendment Act 2011 (Act No. 40, 2011) Assent date 21 December 2011 Commenced pts 4, 6 and 7: 1 May 2012; rem: 21 December 2011 (s 2) Constitutional Convention (Election) Act 2011 (Act No. 41, 2011) Assent date 21 December 2011 Commenced 21 December 2011 Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) Assent date 18 September 2015 Commenced 14 October 2015 (Gaz G41, 14 October 2015, p 3) Electoral Legislation Amendment Act 2016 (Act No. 1, 2016) Assent date 2 March 2016 Commenced 2 March 2016 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016)) Supreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017) Assent date 5 September 2017 Commenced 22 November 2017 (Gaz S84, 21 November 2017, p 1) Electoral Amendment Act 2018 (Act No. 31, 2018) Assent date 19 December 2018 Commenced 20 December 2018 (s 2) Electoral Legislation Amendment Act 2019 (Act No. 11, 2019) Assent date 9 April 2019 Commenced 10 April 2019 Integrity and Accountability Legislation Amendment Act 2019 (Act No. 23, 2019) Assent date 9 August 2019 Commenced 10 August 2019 (s 2) Liquor Act 2019 (Act No. 29, 2019) Assent date 3 September 2019 Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)s Electoral Legislation Further Amendment Act 2019 (Act No. 30, 2019) Assent date 9 October 2019 Commenced 1 January 2020 (s 2) -- 199 of 206 -- ENDNOTES Electoral Act 2004 184 Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Statute Law Revision and Repeals Act 2026 (Act No. 3, 2026) Assent date 9 February 2026 Commenced 10 February 2026 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 16, 19, 43, 140, 140B, 215, 297, 312 and 315 and sch 1. 4 LIST OF AMENDMENTS pt 1 hdg amd No. 40, 2011, s 34 pt 2 hdg amd No. 30, 2019, s 4 s 3 amd No. 3, 2009, s 3; No. 40, 2011, ss 4 and 34; No. 18, 2017, s 36; No. 31, 2018, s 4; No. 11, 2019, s 4; No. 23, 2019, s 13; No. 30, 2019, s 5 s 3A ins No. 30, 2019, s 6 s 5 amd No. 40, 2011, s 5 s 7 amd No. 40, 2011, s 6 s 8 amd No. 30, 2019, s 7 s 8A ins No. 30, 2019, s 8 s 11 amd No. 30, 2019, s 9 s 12 amd No. 40, 2011, s 7 s 13 amd No. 30, 2019, s 10 s 14 amd No. 27, 2011, s 3 s 15 amd No. 27, 2011, s 3; No. 40, 2011, s 34 s 16A ins No. 40, 2011, s 8 s 18 amd No. 27, 2011, s 3 s 19 amd No. 27, 2011, s 3; No. 40, 2011, s 34; No. 39, 2019, s 370 s 21 amd No. 1, 2016, s 3 pt 5 hdg amd No. 1, 2016, s 4 s 23 sub No. 3, 2009, s 4 s 24 amd No. 3, 2009, s 5 s 25 amd No. 3, 2009, s 6 s 26 amd No. 3, 2009, s 7 -- 200 of 206 -- ENDNOTES Electoral Act 2004 185 s 26A ins No. 3, 2009, s 8 s 28 amd No. 3, 2009, s 9; No. 30, 2019, s 11 s 31 sub No. 40, 2011, s 9 s 32 amd No. 40, 2011, s 34; No. 30, 2019, s 12 s 36 amd No. 40, 2011, s 34 s 38 amd No. 30, 2019, s 13 s 39 amd No. 40, 2011, s 10 s 40 amd No. 40, 2011, s 34; No. 1, 2016, s 5 s 41 amd No. 1, 2016, s 6 s 42 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 14 s 42A ins No. 11, 2019, s 5 amd No. 30, 2019, s 15 s 43 amd No. 40, 2011, s 34; No. 11, 2019, s14; No. 29, 2019, s 346; No. 30, 2019, s 16 s 45 amd No. 40, 2011, s 34; No. 11, 2019, s 14 s 46 – 47 amd No. 11, 2019, s 14; No. 30, 2019, s 17 s 47 amd No. 11, 2019, s 14; No. 30, 2019, s 18 s 49 amd No. 40, 2011, s 11; No. 11, 2019, s 14; No. 30, 2019, s 19 s 50 amd No. 40, 2011, s 12; No. 1, 2016, s 7; No. 11, 2019, s 6 s 51A ins No. 40, 2011, s 13 amd No. 30, 2019, s 20 pt 6 div 2 hdg amd No. 11, 2019, s 14; No. 30, 2019, s 21 s 52 amd No. 40, 2011, s 34, No. 11, 2019, s 14; No. 30, 2019, s 22 s 53 amd No. 40, 2011, s 34, No. 11, 2019, s 14; No. 30, 2019, s 23 pt 6 div 3 hdg amd No. 11, 2019, s 14 sub No. 30, 2019, s 24 pt 6 div 3 sdiv 1 hdg amd No. 30, 2019, s 25 s 54 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 26 s 55 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 27 pt 6 div 3 sdiv 2 hdg amd No. 30, 2019, s 28 s 56 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 29 s 57 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 30 s 60 amd No. 40, 2011, s 14; No. 27, 2014, s 57 sub No. 1, 2016, s 8 s 61 sub No. 1, 2016, s 8 s 62 amd No. 3, 2009, s 10; No. 40, 2011, s 15; No. 1, 2016, s 9; No. 30, 2019, s 31 s 63 amd No. 40, 2011, s 34 s 64 amd No. 40, 2011, s 16; No. 30, 2019, s 32 s 66 amd No. 30, 2019, s 33 s 67 amd No. 1, 2016, s 10; No. 30, 2019, s 34 pt 6 div 5 hdg sub No. 30, 2019, s 35 s 68 amd No. 3, 2009, s 11; No. 30, 2019, s 36 s 69 amd No. 3, 2009, s 12; No. 30, 2019, s 37 s 70 amd No. 3, 2009, s 13; No. 30, 2019, s 38 pt 6 div 5 sdiv 2 hdg amd No. 30, 2019, s 39 s 71 amd No. 40, 2011, s 34; No. 1, 2016, s 11; No. 30, 2019, s 40 s 72 amd No. 40, 2011, s 34; No. 30, 2019, s 41 -- 201 of 206 -- ENDNOTES Electoral Act 2004 186 pt 6 div 5 sdiv 3 hdg amd No. 30, 2019, s 42 s 73 amd No. 40, 2011, s 34; No. 30, 2019, s 43 s 74 amd No. 40, 2011, s 34, No. 11, 2019, s 14 s 75 amd No. 30, 2019, s 44 s 76 amd No. 40, 2011, s 34; No. 30, 2019, s 45 s 77 amd No. 30, 2019, s 46 s 78 sub No. 40, 2011, s 17 amd No. 11, 2019, ss 7 and 14; No. 30, 2019, s 47 ss 79 – 80 rep No. 40, 2011, s 17 s 81 amd No. 40, 2011, s 18 sub No, xx, 2019, s 8 ss 82 - 83 amd No. 11, 2019, s 14 s 84 amd No. 40, 2011, s 19; No. 11, 2019 s 14 s 85 amd No. 11, 2019, s 14 pt 6 div 6A hdg ins No. 40, 2011, s 20 s 85A ins No. 40, 2011, s 20 amd No. 1, 2016, s 12 s 86 amd No. 11, 2019, s 14; No. 30, 2019, s 48 s 87 amd No. 30, 2019, s 49 s 88 amd No. 40, 2011, ss 21 and 34; No. 11, 2019, s 14 s 89 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 50; No. 26, 2020, s 3 s 90 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 51 s 91 amd No. 11, 2019, s 14; No. 30, 2019, s 52 s 92 amd No. 27, 2011, s 3; No. 30, 2019, s 53 s 93 amd No. 30, 2019, s 54 s 94 amd No. 40, 2011, ss 22 and 34; No. 1, 2016, s 13; No. 11, 2019, s 9 s 95 amd No. 30, 2019, s 55 s 96 amd No. 1, 2016, s 14; No. 30, 2019, s 56 s 97 amd No. 11, 2019, s 14; No. 30, 2019, s 57 s 98 amd No. 30, 2019, s 58 s 99 amd No. 40, 2011, s 34 pt 7 div 4 hdg sub No. 30, 2019, s 59 s 100 amd No. 30, 2019, s 60 s 101 amd No. 40, 2011, s 34; No. 30, 2019, s 61 pt 7 div 4 sdiv 2 hdg amd No. 30, 2019, s 62 s 102 amd No. 30, 2019, s 63 s 103 amd No. 40, 2011, s 34; No. 30, 2019, s 64 s 104 amd No. 30, 2019, s 65 s 105 amd No. 40, 2011, s 23 and 34; No. 30, 2019, s 66 s 106 amd No. 30, 2019, s 67 pt 7 div 4 sdiv 5 hdg amd No. 30, 2019, s 68 s 108 amd No. 40, 2011, s 34; No. 30, 2019, s 69 s 109 amd No. 40, 2011, s 34; No. 30, 2019, s 70 pt 7 div 5 sdiv 1 hdg amd No. 30, 2019, s 71 s 111 amd No. 40, 2011, s 34; No. 30, 2019, s 72 s 112 amd No. 40, 2011, s 34; No. 1, 2016, s 15; No. 30, 2019, s 73 ss 113 – 114 amd No. 40, 2011, s 34 -- 202 of 206 -- ENDNOTES Electoral Act 2004 187 pt 7 div 6 hdg sub No. 30, 2019, s 74 s 115 amd No. 30, 2019, s 75 s 116 amd No. 40, 2011, s 34; No. 30, 2019, s 76 pt 7 div 6 sdiv 2 hdg sub No. 30, 2019, s 77 s 117 amd No. 30, 2019, s 78 s 118 amd No. 40, 2011, s 34; No. 30, 2019, s 79 pt 7 div 6 sdiv 3 hdg sub No. 30, 2019, s 80 s 119 amd No. 30, 2019, s 81 s 120 amd No. 40, 2011, s 34; No. 30, 2019, s 82 s 121 amd No. 40, 2011, s 34; No. 30, 2019, s 83 pt 7 div 6 sdiv 4 hdg amd No. 30, 2019, s 84 s 122 amd No. 40, 2011, s 34; No. 30, 2019, s 85 s 123 amd No. 30, 2019, s 86 s 124 amd No. 30, 2019, s 87 s 128 amd No. 40, 2011, s 34; No. 1, 2016, s 16 s 131 amd No. 30, 2019, s 88 s 133 amd No. 40, 2011, s 34 s 134 amd No. 3, 2009, s 14; No. 40, 2011, s 34; No. 30, 2019, s 89 s 135 amd No. 40, 2011, s 34; No. 30, 2019, s 90 s 137 amd No. 40, 2011, s 34 s 138 amd No. 40, 2011, s 24 and 34; No. 31, 2018, s 5; No. 30, 2019, s 91 pt 8 div 2 hdg amd No. 31, 2018, s 6 s 139 sub No. 31, 2018, s 7 ss 139A – 139B ins No. 31, 2018, s 7 s 140 amd No. 28, 2008, s 3; No. 40, 2011, s 25 and 34; No. 31, 2018, s 8; No. 39, 2019, s 370 ss 140A – 140B ins No. 31, 2018, s 9 s 143 amd No. 31, 2018, s 10 s 144 amd No. 31, 2018, s 11 s 145 amd No. 31, 2018, s 12 ss 145A – 145B ins No. 31, 2018, s 13 s 146 amd No. 31, 2018, s 14 s 147 amd No. 31, 2018, s 15 s 148 amd No. 31, 2018, s 16 s 149 rep No. 31, 2018, s 17 s 150A ins No. 31, 2018, s 18 s 151 amd No. 40, 2011, s 34; No. 31, 2018, s 19 s 152 amd No. 40, 2011, s 34 s 155 amd No. 40, 2011, s 34 s 156 amd No. 40, 2011, s 26 ss 157 – 158 amd No. 40, 2011, s 34 ss 161 – 162 amd No. 40, 2011, s 34 s 169 amd No. 40, 2011, s 34 s 171A ins No. 40, 2011, s 27 s 172 amd No. 27, 2011, s 3 s 174 amd No. 27, 2011, s 3 pt 9A hdg ins No. 30, 2019, s 92 -- 203 of 206 -- ENDNOTES Electoral Act 2004 188 pt 9A div 1 hdg ins No. 30, 2019, s 92 ss 175A – 175G ins No. 30, 2019, s 92 pt 9A div 2 hdg ins No. 30, 2019, s 92 ss 175H – 175K ins No. 30, 2019, s 92 pt 9A div 3 hdg ins No. 30, 2019, s 92 ss 175L – 175R ins No. 30, 2019, s 92 pt 10 div 1 hdg sub No. 30, 2019, s 93 s 175S ins No. 30, 2019, s 93 s 176 amd No. 6, 2008, s 3; No. 40, 2011, s 28 and 34; No. 30, 2019, s 94 s 175A ins No. 30, 2019, s 95 s 182 amd No. 40, 2011, s 34 sub No. 30, 2019, s 96 pt 10 div 2 hdg amd No. 30, 2019, s 97 s 184 amd No. 40, 2011, s 34; No. 30, 2019, s 98 s 185 amd No. 30, 2019, s 99 s 187 amd No. 40, 2011, s 34; No. 30, 2019, s 100 s 189 amd No. 40, 2011, s 34 s 190 amd No. 30, 2019, s 101 s 191 sub No. 30, 2019, s 102 s 192 amd No. 40, 2011, s 34 sub No. 30, 2019, s 102 ss 192A – 192E ins No. 30, 2019, s 102 s 193 amd No. 40, 2011, s 34; No. 30, 2019, s 103 s 194 amd No. 40, 2011, s 34; No. 30, 2019, s 104 s 195 amd No. 40, 2011, s 34 rep No. 30, 2019, s 105 s 196 amd No. 27, 2011, s 3; No. 30, 2019, s 106 s 196A ins No. 30, 2019, s 107 s 197 amd No. 6, 2008, s 3; No. 30, 2019, s 108 pt 10 div 4 hdg sub No. 30, 2019, s 109 pt 10 div 4 sdiv 1 hdg ins No. 30, 2019, s 109 s 199 amd No. 40, 2011, s 29 and 34; No. 30, 2019, s 110 pt 10 div 4 sdiv 2 hdg ins No. 30, 2019, s 111 s 200 amd No. 4, 2007, s 7; No. 30, 2019, s 112 s 101 amd No. 30, 2019, s 113 s 202 amd No. 40, 2011, s 34 rep No. 30, 2019, s 114 pt 10 div 4 sdiv 3 hdg ins No. 30, 2019, s 115 ss 203A – 203D ins No. 30, 2019, s 115 pt 10 div 5 hdg amd No. 30, 2019, s 116 -- 204 of 206 -- ENDNOTES Electoral Act 2004 189 s 204 amd No. 40, 2011, s 34 s 204A ins No. 30, 2019, s 117 s 205 amd No. 40, 2011, s 34; No. 30, 2019, s 118 s 205A ins No. 30, 2019, s 119 s 206 amd No. 30, 2019, s 120 s 207 amd No. 40, 2011, s 34 sub No. 30, 2019, s 121 s 208 amd No. 40, 2011, s 34; No. 30, 2019, s 122 s 209 sub No. 30, 2019, s 123 s 210 amd No. 30, 2019, s 124 pt 10 div 5A hdg ins No. 30, 2019, s 125 ss 213A – 213E ins No. 30, 2019, s 125 s 214 amd No. 40, 2011, s 34 s 215 amd No. 27, 2011, s 3; No. 8, 2016, s 45; No. 30, 2019, s 126 ss 216 – 217 amd No. 40, 2010, s 118 s 218 amd No. 27, 2011, s 3 s 219 amd No. 40, 2011, s 34; No. 8, 2016, s 45 s 220 amd No. 30, 2019, s 127 s 221 amd No. 40, 2011, s 34 s 223 amd No. 40, 2011, s 34 s 224 sub No. 30, 2019, s 128 s 231 amd No. 40, 2011, s 34 s 233 amd No. 8, 2016, s 45 s 234 amd No. 41, 2011, s 197 s 238 amd No. 40, 2011, s 34; No. 18, 2017, s 36 ss 239 – 240 amd No. 18, 2017, s 36 s 242 amd No. 40, 2011, s 34; No. 18, 2017, s 36 s 243 amd No. 30, 2019, s 129 s 246 amd No. 30, 2019, s 130 s 248 – 250 amd No. 18, 2017, s 36 s 255 amd No. 18, 2017, s 36 s 257 amd No. 40, 2011, s 34 s 258 amd No. 40, 2010, s 118 s 262 amd No. 40, 2011, s 34 ss 264 – 266 amd No. 27, 2011, s 3 s 267 amd No. 27, 2011, s 3; No. 40, 2011, s 34 s 268 amd No. 40, 2011, ss 30 and 34; No. 11, 2019, s 10 s 268A ins No. 40, 2011, s 31 s 270 amd No. 27, 2011, s 3 sub No. 40, 2011, s 32 amd No. 30, 2019, s 131 s 271 amd No. 27, 2011, s 3 sub No. 40, 2011, s 32 amd No. 30, 2019, s 132 ss 272 – 273 amd No. 27, 2011, s 3; No. 40, 2011, s 34 s 275 amd No. 27, 2011, s 3; No. 1, 2016, s 17 sub No 11, 2019, s 11 amd No. 30, 2019, s 133 ss 275A – 275B ins No. 11 2019, s 11 ss 276 – 277 amd No. 27, 2011, s 3; No. 11, 2019, s 14 ss 278 – 282 amd No. 27, 2011, s 3 s 283 amd No. 27, 2011, s 3; No. 11, 2019, s 14 s 284 amd No. 27, 2011, s 3; No. 30, 2019, s 134 s 285 amd No. 27, 2011, s 3; No. 30, 2019, s 135 ss 286 – 289 amd No. 27, 2011, s 3 -- 205 of 206 -- ENDNOTES Electoral Act 2004 190 s 290 amd No. 27, 2011, s 3; No. 40, 2011, s 34 s 291 amd No. 27, 2011, s 3 s 292 amd No. 27, 2011, s 3; No. 31, 2018, s 20 ss 293 – 294 amd No. 27, 2011, s 3 s 295 amd No. 27, 2011, s 3; No. 40, 2011, s 34; No. 11, 2019, s 14 s 297 amd No. 8, 2016, s 45 sub No. 30, 2019, s 136 s 299 amd No. 40, 2011, s 34 rep No. 26, 2015, s 18 pt 13 div 3 hdg sub No. 30, 2019, s 137 s 301 amd No. 8, 2016, s 45 s 305 amd No. 40, 2011, s 34 s 306 amd No. 30, 2019, s 138 s 313A ins No. 11, 2019, s 12 s 314 amd No. 40, 2011, s 34 sub No. 23, 2019, s 14 s 314A ins No. 23, 2019, s 14 s 318 amd No. 30, 2019, s 139 ss 320 – 324 sub No. 23, 2019, s 15 ss 325 – 326 amd No. 40, 2011, s 34 sub No. 23, 2019, s 15 s 327 sub No. 23, 2019, s 15 s 328 amd No. 40, 2011, s 34 s 330 amd No. 40, 2011, s 34; No. 11, 2019, s 14 pt 16 hdg amd No. 31, 2018, s 21 s 331 amd No. 31, 2018, s 22 s 332 amd No. 31, 2018, s 23 s 333 amd No. 31, 2018, s 24 pt 16 div 2 hdg om No. 31, 2018, s 25 ss 334 – 338 rep No. 31, 2018, s 26 s 336 amd No. 40, 2011, s 34; No. 8, 2016, s 45; No. 31, 2018, s 27; No. 11, 2019, s 13 s 337 amd No. 31, 2018, s 28 s 339 rep No. 31, 2018, s 29 s 340 amd No. 31, 2018, s 30 pt 16 div 3 hdg amd No. 31, 2018, s 31 s 341 amd No. 31, 2018, s 32 s 342 amd No. 31, 2018, s 33 s 343 amd No. 31, 2018, s 34 s 345 amd No. 40, 2011, s 33 s 346 amd No. 40, 2011, s 34 s 356 amd No. 40, 2011, s 34 s 358 amd No. 4, 2007, s 7 pt 19 hdg ins No. 1, 2016, s 18 s 360 exp No. 11, 2004, s 360 ins No. 1, 2016, s 18 pt 20 hdg ins No. 31, 2018, s 35 s 361 ins No. 31, 2018, s 35 pt 21 hdg ins No. 23, 2019, s 16 s 362 ins No. 23, 2019, s 16 pt 22 hdg ins No. 30, 2019, s 140 ss 363 – 364 ins No. 30, 2019, s 140 sch 1 amd No. 26, 2020, s 3; No. 3, 2026, s 64 sch 2 amd No. 30, 2019, s 141 -- 206 of 206 --