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This is a Bill, not an Act. For current law, see the Acts databases.
Parliamentary Electorates and
Elections Amendment (Automatic
Enrolment) Bill 2009
No , 2009
A Bill for
An Act to amend the Parliamentary Electorates and Elections Act 1912 in relation
to the preparation of electoral rolls by the Electoral Commissioner; to make
miscellaneous amendments to that Act; and for other purposes.
Parliamentary Electorates and Elections Amendment (Automatic
Clause 1 Enrolment) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Parliamentary Electorates and Elections Amendment 3
(Automatic Enrolment) Act 2009. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 1
relating to automatic enrolment
Schedule 1 Amendment of Parliamentary 1
Electorates and Elections Act 1912 No 41 2
relating to automatic enrolment 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
Approved form means a form approved by the Electoral 6
Commissioner for the purposes of the provision in which the 7
expression occurs. 8
Driver licence means a driver licence issued under the Road 9
Transport (Driver Licensing) Act 1998. 10
Photo Card means a New South Wales Photo Card issued by the 11
Roads and Traffic Authority under the Photo Card Act 2005. 12
[2] Section 3 (1) 13
Omit the definitions of Divisional returning officer, Officer, Registrar and 14
Subdivision. 15
[3] Section 3 (1) 16
Omit the definitions of Eligible overseas elector, Itinerant elector and Silent 17
elector. 18
Insert instead, respectively: 19
Eligible overseas elector means an elector under this Act who is 20
also enrolled under section 94, 94A or 95 of the Commonwealth 21
Act. 22
Itinerant elector means an elector under this Act who is also 23
enrolled under section 96 of the Commonwealth Act. 24
Silent elector means an elector whose address is not recorded on 25
a roll by operation of section 31. 26
[4] Section 3 (5) 27
Omit "section 38A". Insert instead "section 31". 28
[5] Part 3 Qualification of electors 29
Omit the Part (other than section 21). 30
Transfer section 21 to Part 3B of the Act (as substituted by this Act) and 31
renumber it as section 25. 32
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Schedule 1 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to automatic enrolment
[6] Part 3B 1
Omit the Part. Insert instead: 2
Part 3B Entitlement to enrol and vote 3
22 Who is entitled to be enrolled? 4
(1) A person is entitled to be enrolled for a district if: 5
(a) the person: 6
(i) has attained 18 years of age, and 7
(ii) is an Australian citizen, and 8
(b) the person lives at an address in that district and the person 9
has lived at that address for at least one month before the 10
enrolment. 11
(2) A person, who is not entitled to be enrolled for any district under 12
subsection (1), is entitled to be enrolled for a district if the person 13
is enrolled under any of the following provisions of the 14
Commonwealth Act for a Commonwealth subdivision which is 15
included in that district: 16
(a) section 93 (1) (b) (ii)--being British subjects enrolled in 17
relation to a Commonwealth division before 18
26 January 1984, 19
(b) section 94--enrolled voters leaving Australia, 20
(c) section 94A--voters enrolled outside Australia, 21
(d) section 95--spouse, de facto partner or child of eligible 22
overseas elector, 23
(e) section 96--itinerant electors, 24
(f) section 100--age 17 enrolment. 25
(3) A person who has attained 17 years of age is entitled to be 26
enrolled for a district if the person would be entitled to enrol 27
under subsection (1) had the person attained 18 years of age. 28
(4) Subject to subsection (2), a person is not entitled to be enrolled: 29
(a) on more than one district roll, or 30
(b) in respect of any address other than the address at which 31
the person is living at the date: 32
(i) that the person forwarded his or her claim for 33
enrolment or transfer of enrolment, or 34
(ii) that the Electoral Commissioner enrolled the 35
person. 36
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 1
relating to automatic enrolment
23 Entitlement to vote 1
Subject to this Act, an elector who is enrolled for a district is 2
entitled to vote at any election for the Assembly for the district. 3
Note. Section 22 of the Constitution Act 1902 provides that persons 4
entitled to vote at a general election of Members of the Legislative 5
Assembly, and only those persons, are entitled to vote at a periodic 6
election for the Legislative Council. 7
24 Restrictions on entitlement to vote 8
(1) Despite section 23, an elector is not entitled to vote at an election 9
for a district if the elector: 10
(a) has been enrolled under section 22 (3), and 11
(b) has not attained 18 years of age on the date appointed for 12
the taking of the poll for an election. 13
(2) For the purposes of this Act in its application in relation to an 14
election, a person who has not attained 18 years of age on the date 15
appointed for the taking of the poll for that election is taken not 16
to be: 17
(a) entitled to be enrolled on a roll, and 18
(b) enrolled on a roll. 19
(3) A person is not entitled to vote more than once at any Assembly 20
general election, by-election or periodic Council election, or at 21
more than one election for the Assembly or Council held on the 22
same day. 23
(4) An elector, other than a relevant elector, is not entitled to vote at 24
an election as an elector of the district in respect of which the 25
elector is enrolled unless the real place of living of the elector 26
was, at some time within 3 months immediately preceding 27
polling day for that election, within that district. 28
(5) Despite anything in this Act: 29
(a) an elector who has changed address to another place within 30
the same district is not, by reason only of that change, to be 31
dispossessed of his or her entitlement to be enrolled for 32
that district and to vote at an election in respect of that 33
enrolment, and 34
(b) an elector who, within 3 months before any election, has 35
changed address to another district, may vote at that 36
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Schedule 1 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to automatic enrolment
election for the district for which the elector is enrolled as 1
provided by this Act for the purposes of that election. 2
Note. A person who is living at an address in a district and has lived at 3
that address for at least one month may enrol and vote at an election for 4
that district: see sections 22 (1) and 106. 5
(6) In this section, relevant elector means: 6
(a) an Antarctic elector, or 7
(b) an eligible overseas elector, or 8
(c) an itinerant elector. 9
[7] Part 4 10
Omit Part 4 (other than Division 3A). Insert instead: 11
Part 4 Enrolment and rolls 12
Division 1 Rolls 13
26 Rolls for districts 14
(1) The Electoral Commissioner is to keep and maintain a roll for 15
each district. 16
(2) The roll for a district is: 17
(a) to be kept in a form determined by the Electoral 18
Commissioner, and 19
(b) to include the surname, given name or names, date of birth, 20
occupation (or other prescribed particulars) and sex of 21
each elector, and 22
(c) to include the residence of the elector (except in relation to 23
a silent elector, an eligible overseas elector or an itinerant 24
elector), and 25
(d) to contain such other particulars as are prescribed. 26
(3) In addition to any other function conferred by this Act on the 27
Electoral Commissioner in relation to the keeping and 28
maintenance of rolls, the Electoral Commissioner may alter any 29
district roll by doing any of the following: 30
(a) correcting any mistake or omission in the particulars of the 31
enrolment of an elector, 32
(b) altering the particulars of the elector on a district roll, 33
(c) removing the name of any deceased elector, 34
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 1
relating to automatic enrolment
(d) removing the name of an elector who has been convicted 1
and sentenced to a term of imprisonment of one year or 2
longer and is in prison pursuant to that sentence, 3
(e) striking out the superfluous entry where the name of the 4
same elector appears more than once on the same district 5
roll, 6
(f) reinstating any name removed by mistake as the name of a 7
deceased elector, 8
(g) reinstating any name removed as the result of an objection, 9
where satisfied that the objection was based on a mistake 10
as to fact and that the person whose enrolment was the 11
subject of the objection is still entitled, and has 12
continuously been entitled, to the enrolment in respect of 13
which the objection was made, 14
(h) reinstating any other name removed by mistake or which 15
has been accidentally omitted, 16
(i) altering any particulars of the enrolment of an elector 17
necessitated: 18
(i) by the numbering or re-numbering or naming or 19
re-naming of the elector's place of residence, or 20
(ii) by the naming or re-naming of a street, public place 21
or locality, or 22
(iii) for any other similar reason. 23
(4) For the avoidance of doubt, the Electoral Commissioner may 24
keep rolls in an electronic form. 25
Division 2 Enrolment 26
27 Compulsory enrolment: obligation to enrol and keep enrolment 27
updated 28
(1) Every person who: 29
(a) is not enrolled for any district, and 30
(b) is entitled to be enrolled on a roll for a district (other than 31
under section 22 (2) or (3)), 32
must, within 21 days of becoming entitled to be enrolled, unless 33
the person has been notified by the Electoral Commissioner that 34
the person has been enrolled by the Electoral Commissioner: 35
(c) complete and sign a claim for enrolment in the approved 36
form in accordance with the directions on the form, and 37
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Schedule 1 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to automatic enrolment
(d) forward the claim for enrolment to the Electoral 1
Commissioner or to the Australian Electoral Commission. 2
Maximum penalty: 1 penalty unit. 3
Note. In many circumstances, a person will be automatically enrolled by 4
the Electoral Commissioner under section 29. 5
(2) If an elector (including a silent elector) changes residence from 6
one address to another address in New South Wales, the person 7
must, within 21 days of becoming entitled to be enrolled on a roll 8
for a district in respect of the person's new residence, unless the 9
person has been notified by the Electoral Commissioner that the 10
elector's enrolment has been updated: 11
(a) complete and sign a claim for a transfer of enrolment in the 12
approved form in accordance with the directions on the 13
form, and 14
(b) forward the claim for a transfer of enrolment to the 15
Electoral Commissioner or to the Australian Electoral 16
Commission. 17
Maximum penalty: 1 penalty unit. 18
Note. In many circumstances, an elector's enrolment will be 19
automatically updated by the Electoral Commissioner under section 29. 20
(3) Every person who is entitled to be enrolled on a district roll under 21
section 22 (3) and is not enrolled on that roll may: 22
(a) complete and sign a claim for enrolment in the approved 23
form in accordance with the directions on the form, and 24
(b) forward the claim for enrolment to the Electoral 25
Commissioner or to the Australian Electoral Commission. 26
(4) A claim for enrolment under subsection (1) or (3) or for a transfer 27
of enrolment under subsection (2) must: 28
(a) unless paragraph (b) applies--be witnessed by an elector 29
or a person entitled to be enrolled (who must sign the claim 30
in the witness's own hand writing), or 31
(b) be supported by the evidence of the claimant's identity that 32
is required by the regulations (if any). 33
(5) If a person forwards a claim for enrolment, or a claim for a 34
transfer of enrolment, to the Electoral Commissioner or the 35
Australian Electoral Commission, proceedings are not to be 36
commenced against that person for any alleged offence against 37
this section committed before the person forwarded the claim. 38
(6) If a person wishes to make a claim for enrolment, or a claim for 39
transfer of enrolment, and a registered medical practitioner has 40
certified, in writing, that the person is so physically incapacitated 41
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 1
relating to automatic enrolment
that the person cannot sign the claim, another person may, on 1
behalf of the person, fill out and sign the claim in accordance with 2
the directions of the person. 3
(7) A medical practitioner's certificate referred to in subsection (6) is 4
to be lodged with the claim to which it relates. 5
(8) The regulations may: 6
(a) require a claim to be supported by evidence of the 7
claimant's identity for the purposes of subsection (4) (b), 8
and 9
(b) impose additional requirements in relation to identification 10
for enrolment, including requirements as to: 11
(i) the witnessing of a claim, or 12
(ii) the inclusion in a claim, or the attachment to a claim, 13
of particulars or material regarding identification. 14
28 Means of enrolment 15
The Electoral Commissioner may enrol a person on a roll for a 16
district: 17
(a) on the Electoral Commissioner's own initiative under 18
section 29, or 19
(b) in response to a claim for enrolment or a claim for a 20
transfer of enrolment under section 30. 21
29 Enrolment by Electoral Commissioner on Electoral 22
Commissioner's initiative 23
(1) If the Electoral Commissioner, at any time, believes that a person 24
who is not enrolled for any district is entitled to be enrolled for a 25
district, the Electoral Commissioner may notify the person 26
concerned in writing (including by email, SMS text message or 27
other electronic means) that: 28
(a) the Electoral Commissioner believes that the person 29
should be enrolled for that district, and 30
(b) the Electoral Commissioner will enrol the person for that 31
district unless the person, within the period specified in the 32
notice (being not less than 7 days), notifies the Electoral 33
Commissioner that the Electoral Commissioner's belief is 34
incorrect (and gives the reasons why that is so). 35
(2) If no notification is made by the person under subsection (1) (b) 36
within the specified period or, despite any such notification made 37
within that period, the Electoral Commissioner still believes that 38
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Schedule 1 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to automatic enrolment
the person is entitled to be enrolled for the district, the Electoral 1
Commissioner is to: 2
(a) enrol the person for the district, and 3
(b) notify the person in writing (including by email, SMS text 4
message or other electronic means) that he or she has been 5
enrolled for that district. 6
(3) If the Electoral Commissioner, at any time, believes that a person 7
is incorrectly enrolled for a district (the first district), but that the 8
person is entitled to be enrolled for another district (the second 9
district), the Electoral Commissioner may notify the person 10
concerned in writing (including by email, SMS text message or 11
other electronic means) that: 12
(a) the Electoral Commissioner believes that the person 13
should not be enrolled for the first district, but should be 14
enrolled for the second district, and 15
(b) the Electoral Commissioner will: 16
(i) remove the person's name from the roll of the first 17
district, and 18
(ii) enrol the person for the second district, 19
unless the person, within the period specified in the notice 20
(being not less than 7 days), notifies the Electoral 21
Commissioner that the Electoral Commissioner's belief is 22
incorrect (and gives the reasons why that is so). 23
(4) If no notification is made by the person under subsection (3) (b) 24
within the specified period or, despite any such notification made 25
within that period, the Electoral Commissioner still believes that 26
the person is incorrectly enrolled for the first district, but is 27
entitled to be enrolled for the second district, the Electoral 28
Commissioner is to: 29
(a) remove the person's name from the roll for the first 30
district, and 31
(b) enrol the person for the second district, and 32
(c) notify the person in writing (including by email, SMS text 33
message or other electronic means) of that transfer of 34
enrolment. 35
(5) If the Electoral Commissioner, at any time, believes that a person 36
who is enrolled for a district is not entitled to be enrolled for that 37
district, the Electoral Commissioner may notify the person 38
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 1
relating to automatic enrolment
concerned in writing (including by email, SMS text message or 1
other electronic means) that: 2
(a) the Electoral Commissioner believes that the person 3
should not be enrolled for that district, and 4
(b) the Electoral Commissioner will remove the person's 5
name from the roll for the district unless the person, within 6
the period specified in the notice (being not less than 7
7 days), notifies the Electoral Commissioner that the 8
Electoral Commissioner's belief is incorrect (and gives the 9
reasons why that is so). 10
(6) If no notification is made by the person under subsection (5) (b) 11
within the specified period or, despite any such notification made 12
within that period, the Electoral Commissioner still believes that 13
the person is not entitled to be enrolled for the district, the 14
Electoral Commissioner is to: 15
(a) remove the person's name from the roll for the district, and 16
(b) notify the person in writing (including by email, SMS text 17
message or other electronic means) that his or her name 18
has been removed from the roll for that district. 19
(7) The Electoral Commissioner may exercise the functions under 20
subsections (1)-(6) on the Electoral Commissioner's own 21
initiative. 22
(8) Without limiting subsections (1)-(6), the Electoral 23
Commissioner may form a belief by: 24
(a) consulting electoral enrolment details on any roll kept 25
under the Commonwealth Act, and 26
(b) consulting and using information collected under 27
Division 6. 28
Note. The Electoral Commissioner may use information 29
collected under Division 6, from bodies such as the Roads and 30
Traffic Authority and the Registry of Births, Deaths and 31
Marriages, to enrol persons or update their enrolment details. 32
(9) Nothing in this section prevents the Electoral Commissioner 33
enrolling a person for a district during the period of any election, 34
including after the issue of the writ for the election. 35
Note. If a person has been enrolled for a district by the Electoral 36
Commissioner under this section and the person believes that the 37
person is not entitled to be enrolled for that district or is enrolled in 38
relation to an incorrect address, the person may object to the person's 39
own enrolment under section 32. 40
Alternatively, if the person is entitled to be enrolled for another district or 41
in relation to another address, the person could simply complete and 42
lodge a claim for enrolment or a claim for transfer of enrolment. 43
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Schedule 1 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to automatic enrolment
30 Enrolment by Electoral Commissioner in response to a claim 1
(1) The Electoral Commissioner, on receiving a claim for enrolment, 2
or a claim for transfer of enrolment, on a roll for a district, subject 3
to subsection (4), must: 4
(a) if the claim is in order and the Electoral Commissioner is 5
satisfied that the claimant is entitled to be enrolled for the 6
district: 7
(i) enrol the person for the district, and 8
(ii) notify the person in writing (including by email, 9
SMS text message or other electronic means) that he 10
or she has been enrolled for that district, and 11
(iii) in the case of a claim for a transfer of enrolment 12
from the roll for another district--delete the name of 13
the person from that other roll, and 14
(b) in a case where the person is already correctly enrolled for 15
the district for which the person claimed enrolment-- 16
notify the person in writing (including by email, SMS text 17
message or other electronic means) that, in the Electoral 18
Commissioner's opinion, the person's existing enrolment 19
is correct, and 20
(c) if the claim is not in order or the Electoral Commissioner 21
is not satisfied that the person is entitled to be enrolled for 22
that district--notify the person in writing that his or her 23
claim has been rejected. 24
(2) A notice of a decision given to a person by the Electoral 25
Commissioner under subsection (1) (b) or (c) is to include: 26
(a) a statement of the reasons for the decision, and 27
(b) a statement advising the person that the person is entitled 28
at any time within one calendar month after the issue of the 29
notice to apply to the Local Court for an order directing 30
that the person's name be enrolled for the district. 31
(3) Nothing in this section prevents the Electoral Commissioner 32
enrolling a person for a district during the period of any election, 33
including after the issue of the writ for the election. 34
(4) The regulations may make provision for or with respect to the 35
giving of notice by the Electoral Commissioner to an elector of 36
his or her enrolment and the signing of that notice by the elector. 37
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 1
relating to automatic enrolment
31 Silent electors: request for address not to be shown on roll 1
(1) A person may lodge a request in the approved form that the 2
person's residential address not be shown on any roll if the person 3
considers that having that address on a roll places or would place 4
the personal safety of the person or of members of the person's 5
family at risk. 6
(2) A request must: 7
(a) give particulars of the relevant risk, and 8
(b) be verified by statutory declaration by the person making 9
the request. 10
(3) If the Electoral Commissioner is satisfied that having the 11
residential address of the person making the request shown on a 12
roll would place or places the personal safety of the person or of 13
members of the person's family at risk, the Electoral 14
Commissioner must ensure that the address of the person is not 15
entered on any roll. 16
(4) The Electoral Commissioner must notify the person in writing 17
(including by email, SMS text message or other electronic means 18
if the person has requested or consented to notification by that 19
method) of a decision to grant or refuse a request made by a 20
person under subsection (1). 21
(5) If a person's address has been excluded or omitted from a roll 22
kept under the Commonwealth Act by operation of section 104 of 23
that Act: 24
(a) the Electoral Commissioner must ensure that the address 25
of the person is not entered on any roll kept under this Act, 26
and 27
(b) the person is taken to be a silent elector under this Act. 28
Division 3 Objections 29
32 Objection 30
(1) An elector may object to the enrolment of a person (including the 31
elector's own enrolment) on the ground that: 32
(a) the person is not entitled to be enrolled, or 33
(b) except in relation to a person who is entitled to enrol under 34
section 22 (2) (b), (c), (d) or (e)--the address for which a 35
person is enrolled is not the person's real place of living. 36
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Schedule 1 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to automatic enrolment
(2) An elector's objection under subsection (1) must: 1
(a) be in writing and in the approved form, and 2
(b) be signed by the elector, and 3
(c) set out the ground for the objection, and 4
(d) be lodged with the Electoral Commissioner. 5
(3) An objection on the ground that the address for which a person is 6
enrolled is not the person's real place of living is not a sufficient 7
ground of objection unless the objection alleges that the person 8
objected to does not live at the address and has not lived at the 9
address for at least one month immediately before the date of the 10
objection. 11
33 Notice of objection 12
(1) If an objection is made under this Division, the Electoral 13
Commissioner must notify the person whose enrolment is the 14
subject of the objection (unless that person is the objector). 15
(2) Notice under subsection (1): 16
(a) must be in the approved form, and 17
(b) may be given to the person by: 18
(i) delivering it to the person personally, or 19
(ii) sending it by post to the address specified by the 20
person for the giving of notices or, if no such 21
address is specified, the residential or business 22
address of the person last known to the Electoral 23
Commissioner, or 24
(iii) sending it by facsimile transmission to the facsimile 25
number of the person or by email to the email 26
address of the person. 27
(3) If the Electoral Commissioner is satisfied that an objection is 28
frivolous or vexatious, the Electoral Commissioner may dismiss 29
the objection without giving notice of objection under 30
subsection (1) to the person whose enrolment is the subject of the 31
objection. 32
34 Answer to objection 33
The person whose enrolment is the subject of the objection may 34
(unless that person is the objector), orally or in writing, in the 35
prescribed manner, answer the objection. 36
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 1
relating to automatic enrolment
35 Determination of objection 1
(1) The Electoral Commissioner must determine the objection: 2
(a) if notice is required to be given to the person whose 3
enrolment is the subject of the objection: 4
(i) as soon as practicable after: 5
(A) receiving the answer of the person whose 6
enrolment is the subject of the objection (if 7
any), and 8
(B) making any further enquiries that appear 9
necessary to the Electoral Commissioner in 10
relation to matters contained in the answer, or 11
(ii) if no answer is received within a period of 21 days 12
after the giving of the notice, then immediately after 13
the expiration of that period, or 14
(b) if no such notice is required to be given, as soon as 15
practicable after making any further enquiries that appear 16
necessary to the Electoral Commissioner. 17
(2) If it appears to the Electoral Commissioner that the person whose 18
enrolment is the subject of the objection is not entitled to be 19
enrolled or is not entitled to be enrolled at the address in respect 20
of which the objection has been made, the Electoral 21
Commissioner must remove the person's name from the roll. 22
(3) The Electoral Commissioner must notify the objector and the 23
person whose enrolment is the subject of the objection of the 24
Electoral Commissioner's determination. 25
(4) Notice under subsection (3) may be posted to the person or 26
persons concerned. 27
Division 4 Review of determination 28
36 Review by Local Court 29
(1) A person: 30
(a) who has forwarded a claim for enrolment, or a claim for 31
transfer of enrolment, to the Electoral Commissioner and 32
has not been enrolled in accordance with that claim, or 33
(b) whose name has been removed from a roll after an 34
objection, 35
may apply to the Local Court for an order directing that the 36
person be enrolled or reinstated on the roll, as the case requires. 37
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Parliamentary Electorates and Elections Amendment (Automatic
Enrolment) Bill 2009
Schedule 1 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to automatic enrolment
(2) If an objection has been rejected by the Electoral Commissioner, 1
the person who made the objection may apply to the Local Court 2
for an order sustaining the objection. 3
(3) An application must be made within one calendar month after the 4
issue of: 5
(a) in relation to an application under subsection (1) (a)--the 6
notice of the rejection of the claim, or 7
(b) in relation to an application under subsection (1) (b) 8
or (2)--the notice of the determination of the objection, 9
as the case requires. 10
(4) In relation to an application under subsection (1) (b), the person 11
whose name has been removed from a roll must serve the 12
objector with notice of the application, and the objector so served 13
may appear or may in writing authorise another person to appear 14
on his or her behalf in the determination of the application. 15
(5) The regulations may make provision for or with respect to 16
applications under this section. 17
37 Power of Local Court to hear and determine applications for 18
review 19
(1) The Local Court may hear and determine any application under 20
this Division, and may make such order as it thinks fit as to costs, 21
and any such costs may be recovered in the same manner as costs 22
awarded in any other proceedings in the Local Court. 23
(2) The relevant registrar of the Local Court is to send by post to the 24
Electoral Commissioner a certified copy of the order of the Local 25
Court, and the Electoral Commissioner is to correct the roll (if 26
required) to give effect to the order. 27
Division 6 Collection of electoral information 28
46 Collection and maintenance of electoral information 29
(1) The Electoral Commissioner is to collect such information 30
(electoral information) as the Electoral Commissioner considers 31
necessary for the preparation, maintenance and revision of rolls 32
and is to maintain and regularly update that information. 33
(2) Without limiting subsection (1), the Electoral Commissioner may 34
collect personal information (including a person's telephone and 35
email contact details and any other information or code used to 36
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identify a person) relating to a person for the purposes of 1
determining the following: 2
(a) whether the address for which the person is enrolled is the 3
person's real place of living, 4
(b) if the person is not enrolled--whether the person is entitled 5
to be enrolled for any district. 6
(3) The Electoral Commissioner (and officers acting under the 7
direction of the Electoral Commissioner) are exempt from any 8
requirements of the Privacy and Personal Information 9
Protection Act 1998 relating to the collection, use or disclosure 10
of personal information to the extent that personal information is 11
collected, used or disclosed for the purposes of or in connection 12
with this section. 13
(4) In this section, personal information has the same meaning as in 14
the Privacy and Personal Information Protection Act 1998. 15
47 Persons who are to provide information 16
(1) The Electoral Commissioner may, by notice in writing, require 17
any of the following persons, within the time and in the manner 18
and form specified in the notice, to provide the information 19
requested in the notice, being information that in the opinion of 20
the Electoral Commissioner is required in connection with the 21
preparation, maintenance or revision of rolls: 22
(a) a person employed in a public sector service (within the 23
meaning of the Public Sector Employment and 24
Management Act 2002), 25
(b) a police officer, 26
(c) a member of staff of a council within the meaning of the 27
Local Government Act 1993, 28
(d) Sydney Water Corporation, 29
(e) a distribution network service provider within the meaning 30
of the Electricity Supply Act 1995, 31
(f) a university established or constituted by an Act of New 32
South Wales, 33
(g) an elector or person entitled to be enrolled. 34
(2) It is the duty of a person referred to in subsection (1) to comply 35
with a notice under this section. 36
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(3) Without limiting subsection (1), the Electoral Commissioner may 1
request: 2
(a) information of a kind required by the Electoral 3
Commissioner for any purpose relating to the rolls, or 4
(b) information as is required to enable the Electoral 5
Commissioner to detect: 6
(i) persons or classes of persons who may be 7
incorrectly enrolled, or 8
(ii) persons or classes of persons (whether of particular 9
ages or otherwise) who may be entitled to 10
enrolment, or 11
(iii) persons who, being 17 years but not 18 years of age, 12
may be entitled to make claims under 13
section 22 (2) (f) or (3) to have their names placed 14
on a roll, or 15
(iv) other persons or classes of persons who may be 16
affected by this Part or regulations made for the 17
purposes of this Part. 18
(4) The regulations may make provision for or with respect to the 19
collection of information by persons referred to in 20
subsection (1) (a)-(c) on behalf of the Electoral Commissioner. 21
Note. For example, a regulation may provide that the Roads and Traffic 22
Authority in its application forms is to collect information such as mobile 23
phone numbers and email addresses for the purposes of notifying 24
electors under section 29. 25
(5) The Privacy and Personal Information Protection Act 1998 does 26
not apply in relation to the disclosure of personal information to 27
the extent that the personal information is provided under this 28
section to the Electoral Commissioner. 29
(6) The Electoral Commissioner and officers acting under the 30
direction of the Electoral Commissioner are exempt from any 31
requirements of the Privacy and Personal Information 32
Protection Act 1998 relating to the collection, use or disclosure 33
of personal information to the extent that the personal 34
information is provided under this section. 35
48 Privacy--non-disclosure of information 36
(1) A person who acquires information in the exercise of functions 37
under this Division must not, directly or indirectly: 38
(a) make a record of the information, or 39
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(b) divulge the information to another person, 1
except in the exercise of functions under this Division. 2
Maximum penalty: 50 penalty units. 3
(2) Despite subsection (1), information may be divulged: 4
(a) to a particular person or persons, if the Electoral 5
Commissioner certifies that it is necessary in the public 6
interest that the information be divulged to the person or 7
persons, or 8
(b) to a person who is expressly or impliedly authorised to 9
obtain it by the person to whom the information relates. 10
(3) A person cannot be required: 11
(a) to produce in any court any document or other thing that 12
has come into the person's possession, custody or control 13
by reason of, or in the course of, the exercise of the 14
person's functions under this Division, or 15
(b) to divulge to any court any information that has come to 16
the person's notice in the exercise of the person's functions 17
under this Division. 18
(4) Despite subsection (3), a person may be required to produce a 19
document or other thing in a court or to divulge information to a 20
court if: 21
(a) the Electoral Commissioner certifies that it is necessary in 22
the public interest to do so, or 23
(b) a person to whom the information relates (or to whom the 24
information contained in the document or thing relates) has 25
expressly authorised it to be divulged to or produced in the 26
court. 27
(5) A person or body to whom or which information is divulged 28
under subsection (2), and a person or employee under the control 29
of that person or body, are, in respect of that information, subject 30
to the same rights, privileges and duties under this section as they 31
would be if that person, body or employee were a person 32
exercising functions under this Division and had acquired the 33
information in the exercise of those functions. 34
(6) Any document that contains information provided to the 35
Electoral Commissioner under this Division, and any database 36
maintained by the Electoral Commissioner for the purposes of 37
this Division, are not subject to the Freedom of Information Act 38
1989. 39
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(7) The annual report of the Commission is to include a report on any 1
disclosure of information under subsection (2) (a) or (4) (a) 2
during the reporting year. 3
Note. Subsections (2) (a) and (4) (a) allow information to be divulged or 4
documents or other things produced in a court if the Electoral 5
Commissioner certifies that it is necessary in the public interest to do so. 6
(8) In this section: 7
court includes any tribunal, authority or person having power to 8
require the production of documents or the answering of 9
questions. 10
produce includes permit access to. 11
Note. Division 5 deals with public inspection of rolls and the provision of 12
enrolment information to parties, members of parliament, candidates 13
and members of the public. 14
Division 7 Miscellaneous 15
49 Arrangement with Commonwealth 16
(1) The Governor may arrange with the Governor-General of the 17
Commonwealth for either or both of the following: 18
(a) a joint enrolment process, 19
(b) the exchange of information necessary for the preparation, 20
maintenance and revision of rolls, 21
under this Act and the Commonwealth Act. 22
(2) The Electoral Commissioner and officers acting under the 23
direction of the Electoral Commissioner are exempt from any 24
requirements of the Privacy and Personal Information 25
Protection Act 1998 relating to the collection, use or disclosure 26
of personal information to the extent that personal information is 27
furnished to the Australian Electoral Commission: 28
(a) for the purposes of or in connection with any arrangement 29
referred to in this section, or 30
(b) for any other purpose relating to rolls under this Act or the 31
Commonwealth Act. 32
50 Witness to application must be satisfied of truth of statements 33
A person must not witness any claim for enrolment or transfer of 34
enrolment unless the person: 35
(a) is satisfied as to the identity of the claimant, and 36
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(b) has seen the claimant sign the claim, and 1
(c) is satisfied that the statements contained in the claim are 2
true. 3
Maximum penalty: 10 penalty units. 4
51 Failure to transmit claim 5
A person who accepts the custody of a claim for enrolment or 6
transfer of enrolment for transmission on behalf of any other 7
person to the Electoral Commissioner must immediately transmit 8
the claim to the Electoral Commissioner. 9
Maximum penalty: 10 penalty units. 10
52 Correction of errors 11
(1) If any accidental or unavoidable impediment, misfeasance or 12
omission has happened in the preparation or transmission or 13
printing of any roll under this Part, the Governor may by order: 14
(a) take all such measures as may be necessary for removing 15
the impediment or rectifying such misfeasance or 16
omission, or 17
(b) declare any such roll to be valid despite the impediment, 18
misfeasance or omission. 19
(2) Every such order must state specifically the nature of the 20
impediment, misfeasance or omission and must be published in 21
the Gazette. 22
(3) Nothing in this section prevents the Electoral Commissioner 23
exercising any of the Electoral Commissioner's functions under 24
any other provision of this Act in relation to the preparation and 25
maintenance of rolls. 26
[8] Part 4, Division 5 27
Renumber and transfer Division 3A of Part 4 as Division 5 of that Part (as 28
substituted by this Act), with sections numbered consecutively starting from 29
section 38 and with cross-references to sections of that Part (and to other 30
sections repealed and re-enacted by this Schedule) in those transferred 31
provisions renumbered accordingly. 32
[9] Section 99 Questions to be put to voter 33
Omit "section 20 (6)" from section 99 (5) (b). Insert instead "section 24". 34
[10] Section 99 (5) 35
Insert "in the election for the district" after "claim to vote". 36
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[11] Section 99A Person whose residence is not on the roll 1
Omit "a subdivision". Insert instead "the district". 2
[12] Section 99A 3
Omit "an elector to whom section 38A applies". 4
Insert instead "a silent elector". 5
[13] Section 103A Vote of person whose residence is not shown on the roll 6
Omit "section 38A" wherever occurring in section 103A (4) and (5). 7
Insert instead "section 31". 8
[14] Section 106 Provisional voting 9
Omit section 106 (1), (1A) and (2). Insert instead: 10
(1) Person already marked off roll 11
If, at a polling place at any election, any elector: 12
(a) is recorded (on the authorised copy of the roll used at the 13
polling place) as having received a ballot paper, and 14
(b) claims not to have received a ballot paper, 15
the elector is to be permitted to vote if the elector makes a 16
declaration in the approved form before an election official at the 17
polling place. 18
(2) Person omitted from roll 19
If, at a polling place in a district at any election, a person, who 20
was enrolled for the district, but whose name was omitted from 21
the roll for the district (for any reason), claims to be entitled to 22
enrol for the district, the person is to be permitted to vote if: 23
(a) where the person has a driver licence or a Photo Card in the 24
person's possession: 25
(i) the person: 26
(A) completes and signs a claim for enrolment in 27
the approved form in accordance with the 28
directions on the form and submits it to an 29
election official at the polling place, and 30
(B) provides to that election official as proof of 31
identity a driver licence or a Photo Card, and 32
(C) makes a declaration in the approved form 33
before that election official, and 34
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(ii) the election official is satisfied that: 1
(A) the claim for enrolment has been properly 2
completed, and 3
(B) the person is who the person claims to be, and 4
(C) the proof of identity provided shows that 5
person's residence is the same as the place 6
named in the claim for enrolment as the 7
person's residence, or 8
(b) where the person does not have a driver licence or a Photo 9
Card in the person's possession, the person makes a 10
declaration in the approved form before an election official 11
at the polling place. 12
(2A) Person enrolling for first time etc 13
If, at a polling place in a district at any election, a person, who is 14
not enrolled for any district, claims to be entitled to enrol for the 15
district, the person is to be permitted to vote if: 16
(a) the person: 17
(i) completes and signs a claim for enrolment in the 18
approved form in accordance with the directions on 19
the form and submits it to an election official at the 20
polling place, and 21
(ii) provides to that election official as proof of identity 22
a driver licence or a Photo Card, and 23
(iii) makes a declaration in the approved form before 24
that election official, and 25
(b) the election official is satisfied that: 26
(i) the claim for enrolment has been properly 27
completed, and 28
(ii) the person is who the person claims to be, and 29
(iii) the proof of identity provided shows that the 30
person's residence is the same as the place named in 31
the claim for enrolment as the person's residence. 32
Note. If a person cannot produce a driver licence or a Photo Card the 33
person will not be permitted to vote under this subsection. 34
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Schedule 1 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
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(2B) Person transferring enrolment 1
If, at a polling place in a district at any election, a person is 2
enrolled for another district, but claims to be entitled to enrol for 3
the district, the person is to be permitted to vote if: 4
(a) the person: 5
(i) completes and signs a claim for a transfer of 6
enrolment in the approved form in accordance with 7
the directions on the form and submits it to an 8
election official at the polling place, and 9
(ii) provides to that election official as proof of identity 10
a driver licence or a Photo Card, and 11
(iii) makes a declaration in the approved form before 12
that election official, and 13
(b) the election official is satisfied that: 14
(i) the claim for a transfer of enrolment has been 15
properly completed, and 16
(ii) the person is who the person claims to be, and 17
(iii) the proof of identity provided shows that the 18
person's residence is the same as the place named in 19
the claim for a transfer of enrolment as the person's 20
residence. 21
Note. If a person cannot produce a driver licence or a Photo Card the 22
person will not be permitted to vote under this subsection. 23
(2C) Persons enrolled after issue of writ etc 24
If, at a polling place in a district at any election, a person, who is 25
enrolled for the district, but who's name does not appear on the 26
authorised copy of the roll at the polling place, is to be permitted 27
to vote if the person makes a declaration in the approved form 28
before an election official. 29
Note. The Electoral Commissioner may enrol a person at any time, 30
including after the issue of a writ for an election. However, the authorised 31
copy of a roll at a polling place only contains the names of persons who 32
were enrolled as at the date of the issue of the writ (see section 89). 33
(2D) A claim for enrolment or for a transfer of enrolment under this 34
section must: 35
(a) unless paragraph (b) applies--be witnessed by an elector 36
or a person entitled to be enrolled (who must sign the claim 37
in the witness's own hand writing), or 38
(b) be supported by the evidence of the claimant's identity that 39
is required by the regulations made under section 27 (4) (b) 40
and (8) (if any). 41
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[15] Section 106 (3) (e) 1
Omit "that the person whose name is signed to the declaration is entitled to 2
vote, and that the declaration is duly attested, he or she shall accept the ballot 3
paper for further scrutiny, but otherwise he or she shall reject the ballot paper 4
without opening the envelope.". 5
Insert instead: 6
that: 7
(a) the person who signed to the declaration: 8
(i) in relation to a declaration made under subsection 9
(2) (b) or (2C)--is entitled to vote, or 10
(ii) in any other case--was, on the day of polling, 11
entitled to be enrolled for the district, and 12
(b) the declaration is duly attested, 13
he or she is to accept the ballot paper for further scrutiny, but 14
otherwise he or she must reject the ballot paper without opening 15
the envelope. 16
[16] Section 106 (4) 17
Omit the subsection. Insert instead: 18
(4) The polling place manager must, immediately after the close of 19
the poll, send to the Electoral Commissioner any claim for 20
enrolment and claim for transfer of enrolment submitted to an 21
election official under this section. 22
[17] Section 114ZW Preliminary scrutiny of ballot papers of certain electors 23
under this Division 24
Omit "subdivision of the" from section 114ZW (1). 25
[18] Section 115A 26
Insert after section 115: 27
115A Provisional absent voting 28
(1) Person enrolling for first time etc 29
If, at a polling place in a district at any election, a person, who is 30
not enrolled for any district, claims to be entitled to enrol for 31
another district, the person is to be permitted to vote if: 32
(a) the person: 33
(i) completes and signs a claim for enrolment in the 34
approved form in accordance with the directions on 35
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the form and submits it to an election official at the 1
polling place, and 2
(ii) provides to that election official as proof of identity 3
a driver licence or a Photo Card, and 4
(iii) makes a declaration in the approved form before 5
that election official, and 6
(b) the election official is satisfied that: 7
(i) the claim for enrolment has been properly 8
completed, and 9
(ii) the person is who the person claims to be, and 10
(iii) the proof of identity provided shows that the 11
person's residence is the same as the place named in 12
the claim for enrolment as the person's residence. 13
Note. If a person cannot produce a driver licence or a Photo Card the 14
person will not be permitted to vote under this subsection. 15
(2) Person transferring enrolment 16
If, at a polling place in a district at any election, a person is 17
enrolled for the district, but claims to be entitled to enrol for 18
another district, the person is to be permitted to vote if: 19
(a) the person: 20
(i) completes and signs a claim for a transfer of 21
enrolment in the approved form in accordance with 22
the directions on the form and submits it to an 23
election official at the polling place, and 24
(ii) provides to that election official as proof of identity 25
a driver licence or a Photo Card, and 26
(iii) makes a declaration in the approved form before 27
that election official, and 28
(b) the election official is satisfied that: 29
(i) the claim for a transfer of enrolment has been 30
properly completed, and 31
(ii) the person is who the person claims to be, and 32
(iii) the proof of identity provided shows that the 33
person's residence is the same as the place named in 34
the claim for a transfer of enrolment as the person's 35
residence. 36
Note. If a person cannot produce a driver licence or a Photo Card the 37
person will not be permitted to vote under this subsection. 38
(3) The polling place manager must, immediately after the close of 39
the poll, send to the Electoral Commissioner any claim for 40
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enrolment and claim for transfer of enrolment submitted to an 1
election official under this section. 2
(4) Section 115 (1) (d)-(h), (2), (2A), (2B) and (3) extend to the 3
casting of the person's vote under this section as if the person 4
were an elector. 5
(5) The returning officer (or a person authorised by the returning 6
officer) must send each ballot paper containing a vote under this 7
section to the returning officer for the district for which the voter 8
declares that he or she is entitled to be enrolled. 9
(6) Immediately after the close of the poll, the returning officer or 10
another election official is, in writing (including by facsimile 11
transmission, email or other electronic means), to send to each 12
returning officer to whom envelopes containing ballot papers 13
have been forwarded under subsection (5), advice of the number 14
of envelopes so forwarded. 15
[19] Section 117A 16
Insert after section 117: 17
117A Preliminary scrutiny of provisional absent voters' ballot papers 18
(1) The returning officer for the district sent an envelope containing 19
a ballot paper of a person voting under section 115A (or the 20
election official assisting the returning officer) is, in the presence 21
of the scrutineers, to examine the declaration on the envelope, 22
and if the returning officer (after making such enquiries as he or 23
she may deem necessary) is satisfied that the declaration is in 24
order and the person who made the declaration: 25
(a) was, on the day of polling, entitled to enrol for the 26
district--is to accept the ballot paper for further scrutiny, 27
or 28
(b) was, on the day of polling, not entitled to enrol for the 29
district, but was enrolled for some other district--is to 30
arrange for the envelope to be promptly delivered to the 31
returning officer for the district for which the person was 32
enrolled to be dealt with in the manner set out in 33
subsection (4), 34
but otherwise must reject the ballot paper without opening the 35
envelope. 36
(2) Despite subsections (1) and (4), a ballot paper is not to be rejected 37
for further scrutiny by a returning officer (the scrutinising 38
returning officer) only because the relevant declaration is not 39
attested if, before the declaration of the poll, the returning officer 40
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relating to automatic enrolment
for the district in which the declaration was made has in 1
accordance with section 116 (2) sent advice in writing to the 2
scrutinising returning officer that an envelope containing the 3
ballot paper has been forwarded in accordance with 4
section 116 (1). 5
(3) If the returning officer (or the election official assisting him or 6
her) accepts a ballot paper for further scrutiny, he or she is to open 7
the envelope without destroying the declaration and extract the 8
ballot paper and, without unfolding it, place the ballot paper in 9
the ballot box. 10
(4) The returning officer for a district to whom an envelope is 11
forwarded under subsection (1) (b) (or the election official 12
assisting him or her) is, if the person whose name is signed to the 13
declaration on the envelope is enrolled for the district and the 14
declaration is duly attested, to open the envelope and withdraw 15
any ballot paper contained in the envelope and, without, as far as 16
practicable, inspecting or unfolding the ballot paper or allowing 17
any other person to do so: 18
(a) in the case of any ballot paper for a periodic Council 19
election, is to accept the ballot paper for further scrutiny 20
and place it in the ballot box, or 21
(b) in the case of any ballot paper for an Assembly election, is 22
to disallow the ballot paper, 23
but otherwise must reject the ballot paper without opening the 24
envelope. 25
[20] Section 118 Further scrutiny 26
Insert "and the ballot papers of persons voting under section 115A" after 27
"absent voters' ballot papers" wherever occurring in section 118 (1). 28
[21] Section 118 (1) 29
Omit "section 117". Insert instead "section 117 or 117A". 30
[22] Section 119 Decision of returning officer re validity of ballot paper 31
Insert after section 119 (a): 32
(a1) any ballot paper to which section 115A applies, 33
[23] Section 131A Votes at adjourned poll 34
Omit "within a subdivision or subdivisions". 35
[24] Section 131A 36
Omit "the subdivision or subdivisions". Insert instead "the district". 37
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[25] Section 181 Penalty for disobedience 1
Omit "registrar, or other". 2
[26] Section 182 Rolls--business hours for registrars and correction of 3
errors etc 4
Omit the section. 5
[27] Schedule 19 6
Omit the Schedule. Insert instead: 7
Schedule 19 Enforcement of compulsory 8
obligation to enrol 9
(Section 27) 10
1 Notification in respect of offence 11
The Electoral Commissioner, if satisfied that a person has failed 12
to comply with the requirements of section 27, must notify the 13
person in the prescribed form of the failure, and inform the 14
person that he or she may reply by statutory declaration, setting 15
out any facts relevant to the matter, and that he or she has the 16
option of having the matter dealt with either by the Electoral 17
Commissioner or by the Local Court. 18
2 Action when person has elected to have matter dealt with by 19
Electoral Commissioner 20
The Electoral Commissioner: 21
(a) is to consider all the facts (including the statements 22
contained in any statutory declaration submitted by the 23
person), and 24
(b) may make such further inquiry as he or she deems 25
necessary, and 26
(c) if satisfied that the person concerned is in default or has 27
contravened the provisions of section 27, may make an 28
order imposing on that person a penalty not exceeding $55 29
for a first offence, and not exceeding $55 for any 30
subsequent offence, setting the time allowed for payment. 31
3 Penalty to be debt due to Crown 32
Any penalty so imposed by the Electoral Commissioner is a debt 33
due to the Crown. 34
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4 Notification of imposition of penalty 1
The Electoral Commissioner is to notify the person in the 2
prescribed form that a penalty has been imposed. 3
5 Enforcement of penalties 4
Any order made by the Electoral Commissioner imposing a 5
penalty may be filed in the Local Court, and the order then has 6
effect and is enforceable as if it were an order of that Court. 7
6 Proceedings where matter not dealt with by Electoral 8
Commissioner 9
If a person to whom notice pursuant to clause 1 has been sent 10
fails, within the time allowed, to reply, or does not within that 11
time consent to the matter being dealt with by the Electoral 12
Commissioner, the Electoral Commissioner, if satisfied that the 13
person has contravened section 27, is to cause proceedings to be 14
instituted against the person in the Local Court. 15
7 Statutory declaration to be brought to notice of Local Court 16
If, in any case in which proceedings are instituted in the Local 17
Court, the Electoral Commissioner has received from the person 18
concerned a statutory declaration under clause 1 the Electoral 19
Commissioner, as far as it is practicable and necessary to do so, 20
is to inquire into the truth of the statements set out in the 21
declaration, and must, unless the prosecution is withdrawn, cause 22
the declaration to be brought to the notice of the Local Court. 23
8 Local Court to consider statutory declaration 24
The Local Court shall at the hearing of the case consider the 25
statutory declaration (whether the defendant is present or not) as 26
if the matter set out in the declaration had been given in evidence 27
before it. 28
9 Declaration by prosecuting officer to be considered by Local Court 29
(1) In any prosecution in respect of any contravention of section 27 30
the prosecuting officer may lodge with the Local Court a 31
statutory declaration in support of the charge. 32
(2) If such a statutory declaration has been lodged: 33
(a) it is not necessary for the prosecuting officer to attend at 34
the hearing, and 35
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(b) the Local Court is to proceed with the hearing and 1
determination of the case in the prosecuting officer's 2
absence, and 3
(c) the Local Court is to consider the statutory declaration as 4
if the matter set out in the declaration had been given in 5
evidence before it. 6
10 Document purporting to be statutory declaration 7
For the purposes of clauses 8 and 9, any document purporting to 8
be a statutory declaration is to be accepted as such by the Local 9
Court without proof of the signatures on the document or proof 10
of the authority of the person before whom the document 11
purports to have been made to take statutory declarations. 12
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Schedule 2 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to postal voting
Schedule 2 Amendment of Parliamentary 1
Electorates and Elections Act 1912 No 41 2
relating to postal voting 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
General postal voter means an elector who: 6
(a) has been granted general postal voter status under 7
section 114AA, or 8
(b) is taken to be a general postal voter under that section. 9
[2] Section 114A Application for a postal vote certificate and postal ballot 10
paper 11
Omit "vote, or" from section 114A (1) (g). Insert instead "vote,". 12
[3] Section 114A (1) (i) and (j) 13
Insert after section 114A (1) (h): 14
(i) is a person with a disability (within the meaning of the 15
Anti-Discrimination Act 1977), or 16
(j) believes that attending a polling place on polling day will 17
place the personal safety of the person or of members of 18
the person's family at risk, 19
[4] Section 114A (1) 20
Omit "or the returning officer for the district for which the elector is enrolled 21
or, if the elector has reason to believe that the application may not reach the 22
Electoral Commissioner or that returning officer so as to enable him or her to 23
receive from the Electoral Commissioner or that returning officer the postal 24
vote certificate and the postal ballot paper in time to permit him or her to vote 25
at the election, to some other district returning officer". 26
[5] Section 114A (2) (b) and (c) 27
Omit the paragraphs. 28
[6] Section 114A (2AA) 29
Omit the subsection. 30
[7] Section 114A (2A) 31
Omit "or the returning officer to whom it is addressed". 32
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Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 2
relating to postal voting
[8] Section 114A (4) 1
Insert after section 114A (3): 2
(4) An application under subsection (1) may be made to the Electoral 3
Commissioner through the Commission's website in accordance 4
with the directions of the Commission. 5
[9] Section 114AA General postal voters 6
Omit "or a declared institution under section 114ZN" from paragraph (b) (i) of 7
the definition of prescribed elector in section 114AA (1). 8
[10] Section 114AA (1), paragraph (e) of definition of "prescribed elector" 9
Omit "section 32 (3)". Insert instead "section 27 (6)". 10
[11] Section 114AA (1), paragraph (g) of definition of "prescribed elector" 11
Omit "elector, or". Insert instead "elector,". 12
[12] Section 114AA (1), definition of "prescribed elector" 13
Insert after section 114AA (1) (g): 14
(g1) an elector who is a person with a disability (within the 15
meaning of the Anti-Discrimination Act 1977), or 16
[13] Section 114AA (1) 17
Omit the definition of register. 18
[14] Section 114AA (2)-(9) 19
Omit section 114AA (2)-(18). Insert instead: 20
(2) A prescribed elector may apply in the approved form to the 21
Electoral Commissioner to be a general postal voter for the 22
district for which the elector is enrolled. 23
(3) The Electoral Commissioner, in response to an application under 24
this section: 25
(a) may: 26
(i) accept the application and grant the elector general 27
postal voter status, or 28
(ii) reject the application, and 29
(b) must advise the person in writing of that decision. 30
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Schedule 2 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to postal voting
(4) An application under subsection (2) in relation to an elector to 1
whom paragraph (e) or (f) of the definition of prescribed elector 2
in subsection (1) applies may be made by another person acting 3
on behalf of the elector. 4
(5) The certificate referred to in paragraph (f) of the definition of 5
prescribed elector in subsection (1) is to be lodged with the 6
application under subsection (2) to which it relates. 7
(6) The Electoral Commissioner may determine that an elector to 8
whom paragraph (a1) of the definition of prescribed elector in 9
subsection (1) applies is granted general postal voter status only 10
during the period that the elector has specified as the period 11
during which the elector will not be within the State. 12
(7) The Electoral Commissioner may withdraw general postal voter 13
status from an elector in such circumstances as are prescribed. 14
(8) A person must not make, and a person must not induce another 15
person to make, any false statement in, or in connection with, an 16
application under subsection (2) or in any declaration contained 17
in, or made in connection with, such an application. 18
Maximum penalty: 10 penalty units or imprisonment for 19
6 months, or both. 20
(9) An elector who is a registered general postal voter under the 21
Commonwealth Act is taken to be a general postal voter under 22
this Act. 23
[15] Section 114AB Dispatch of ballot papers to general postal voters 24
Omit "registered general postal voter for a subdivision of the district". 25
Insert instead "general postal voter for the district". 26
[16] Section 114D Issue of certificate and ballot paper 27
Omit "or a returning officer" and "or returning officer" wherever occurring in 28
section 114D (1) and (2). 29
[17] Section 114D (3) 30
Omit the subsection. 31
[18] Section 114E 32
Omit the section. Insert instead: 33
114E Retention of applications 34
(1) The Electoral Commissioner must ensure that all applications for 35
postal vote certificates and postal ballot papers for an election 36
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Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 2
relating to postal voting
(and, in relation to applications made through the Commission's 1
website, records of such applications) are kept securely until the 2
latest of the following: 3
(a) the period of 6 months after the day of polling has expired, 4
(b) the period during which the validity of the election may be 5
disputed under this Act has expired, 6
(c) if a petition has or petitions have been filed under section 7
155--the Court of Disputed Returns has determined the 8
matters referred to in the petition or petitions, 9
(d) if the Electoral Commissioner has consented to the use of 10
the papers and materials in the parcels for research or 11
analysis--the conclusion of that research or analysis. 12
(2) On the expiry of the Electoral Commissioner's obligation under 13
subsection (1), he or she may cause those applications and 14
records to be destroyed. 15
[19] Section 114F Postal ballot papers to be initialled 16
Insert "(by hand or by electronic or mechanical means)" after "election 17
official". 18
[20] Section 114G Returning officer to notify issue of postal vote certificates 19
and postal ballot papers 20
Omit the section. 21
[21] Section 114GA Person claiming to vote, whose name is noted under 22
section 114G 23
Omit the section. 24
[22] Section 114H Directions for postal voting 25
Omit "registered general postal voter" from section 114H (1) (b). 26
Insert instead "general postal voter". 27
[23] Section 114L Preliminary scrutiny of postal ballot papers 28
Omit "shall produce all applications for postal vote certificates and postal 29
ballot papers, and". 30
[24] Section 114L (a) 31
Omit the paragraph. 32
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Schedule 2 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to postal voting
[25] Section 114L (b) (i) and (ii) 1
Omit the subparagraphs. Insert instead: 2
(i) the postal vote certificate has been properly signed by the 3
elector who made the application for the certificate, 4
(ii) the signature on the certificate purports to have been 5
witnessed by an authorised witness, 6
[26] Section 114N Spoilt postal ballot paper 7
Omit "or returning officer who issued the same" and "or returning officer (as 8
the case may be)". 9
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Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 3
relating to pre-poll voting at electoral offices and other appointed places
Schedule 3 Amendment of Parliamentary 1
Electorates and Elections Act 1912 No 41 2
relating to pre-poll voting at electoral 3
offices and other appointed places 4
[1] Section 3 Definitions 5
Insert in alphabetical order in section 3 (1): 6
Interstate or overseas pre-poll voting officer means a person 7
appointed as an interstate or overseas pre-poll voting officer 8
under Division 5 of Part 3A. 9
Pre-poll voting place means a place referred to in 10
section 114P (2) (d). 11
[2] Section 3 (1), definition of "Postal voting officer" 12
Omit the definition. 13
[3] Section 3 (1), definition of "Pre-poll voting officer" 14
Omit the definition. Insert instead: 15
Pre-poll voting officer means: 16
(a) in relation to a pre-poll voting place within a district: 17
(i) the returning officer for the district, or 18
(ii) an election official assigned by the returning officer 19
for the district to conduct pre-poll voting, and 20
(b) in relation to a pre-poll voting place not within a district-- 21
an interstate or overseas pre-poll voting officer. 22
[4] Part 3A, Division 5 23
Omit the Division. Insert instead: 24
Division 5 Interstate or overseas pre-poll voting officers 25
21AJ Interstate or overseas pre-poll voting officers 26
(1) The Electoral Commissioner may, by instrument in writing, 27
appoint appropriate persons to be: 28
(a) interstate or overseas pre-poll voting officers, or 29
(b) deputy interstate or overseas pre-poll voting officers, 30
at a pre-poll voting place outside New South Wales (whether 31
overseas or in Australia) for the purposes of all elections. 32
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Schedule 3 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to pre-poll voting at electoral offices and other appointed places
(2) A deputy interstate or overseas pre-poll voting officer may act as, 1
and is taken to be, the interstate or overseas pre-poll voting 2
officer during the illness or absence of the interstate or overseas 3
pre-poll voting officer or during a vacancy in the office of the 4
interstate or overseas pre-poll voting officer. 5
(3) This section does not prevent the appointment of a person as an 6
interstate or overseas pre-poll voting officer to fill a vacancy in 7
that office. 8
21AK Appointment of assistants for interstate or overseas pre-poll 9
voting officer 10
An interstate or overseas pre-poll voting officer may appoint 11
persons to act as his or her assistants in the exercise of the 12
officer's functions. 13
[5] Section 21AL Definition of "appointed official" 14
Omit "a postal voting officer" and "deputy postal voting officer" wherever 15
occurring in paragraphs (b) and (d) of the definition of appointed official. 16
Insert instead "an interstate or overseas pre-poll voting officer" and "deputy 17
interstate or overseas pre-poll voting officer", respectively. 18
[6] Sections 67A, 125A (2) and 129D (2) 19
Omit "11," wherever occurring. 20
[7] Section 114NA Application of this Division 21
Omit the section. 22
[8] Part 5, Division 10, heading 23
Omit the heading. Insert instead: 24
Division 10 Pre-poll voting (electoral offices and 25
appointed places inside and outside NSW) 26
[9] Section 114P Application for permission to vote before polling day 27
Omit "vote, or" from section 114P (1) (f). Insert instead "vote,". 28
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Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 3
relating to pre-poll voting at electoral offices and other appointed places
[10] Section 114P (1) (h) and (i) 1
Insert after section 114P (1) (g): 2
(h) is a person with a disability (within the meaning of the 3
Anti-Discrimination Act 1977), or 4
(i) believes that attending a polling place on polling day will 5
place the personal safety of the person or of members of 6
the person's family at risk, 7
[11] Section 114P (6) 8
Insert "(whether within or outside the State and whether in Australia or 9
overseas)" after "places". 10
[12] Section 114PA 11
Insert after section 114P: 12
114PA Procedure for voting before polling day--voting in elector's 13
district 14
(1) This section applies to voting under this Division where: 15
(a) a person makes an application under section 114P at a 16
pre-poll voting place in the State, and 17
(b) the person is enrolled for the district in which the pre-poll 18
voting place is situated. 19
(2) Division 8 (other than sections 95-98, 106 (2), (2A) and (2B), 20
108 and 109) extends to voting to which this section applies 21
subject to the following modifications: 22
(a) references to polling places are taken to be references to 23
pre-poll voting places, 24
(b) references to polling place managers and election officials 25
are taken to be references to pre-poll voting officers at the 26
pre-poll voting places. 27
(3) The Electoral Commissioner is to ensure that each pre-poll voting 28
place in the State is provided with sufficient authorised copies of 29
the roll for the district in which the place is situated for the 30
purposes of this section. 31
(4) The pre-poll voting officer is to ensure the security of any ballot 32
boxes used for the purpose of this section. 33
(5) Unless the Electoral Commissioner has specified another earlier 34
time, as soon as practicable after 6 pm on the day preceding 35
polling day the pre-poll voting officer for the pre-poll voting 36
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Schedule 3 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to pre-poll voting at electoral offices and other appointed places
place (if not the returning officer) must, in the presence of any 1
other election official assisting the officer and any scrutineers 2
who are present: 3
(a) publicly close, fasten, seal and take charge of any ballot 4
box used by the officer for the purposes of this section, and 5
(b) with the least possible delay, forward it for the purposes of 6
scrutiny to the returning officer for the district concerned. 7
(6) At the scrutiny the returning officer is to: 8
(a) produce any ballot boxes that have been delivered to him 9
or her in accordance with subsection (5), and 10
(b) remove the ballot papers from the ballot boxes, and 11
(c) open those ballot papers and count those that are formal. 12
(7) Without affecting subsection (2), the provisions of this section 13
apply in addition to, and without derogation from, the application 14
of any other provision of this Act. However, any such other 15
provision applies with any necessary modifications. 16
[13] Section 114Q Procedure for voting before polling day--voting other than 17
in elector's district (including outside NSW) 18
Insert before section 114Q (1): 19
(1A) This section applies to voting under this Division where: 20
(a) an elector makes an application under section 114P at a 21
pre-poll voting place in the State and the elector is not 22
enrolled for the district in which the pre-poll voting place 23
is situated, or 24
(b) an elector makes an application under section 114P at a 25
pre-poll voting place not in the State. 26
[14] Section 114QA Ballot papers etc forwarded to district for which elector 27
enrolled 28
Insert at the end of the section: 29
(2) If a ballot paper is returned to a pre-poll voting officer at a 30
pre-poll voting place outside the State, the pre-poll voting officer 31
must deal with the ballot paper in the same manner as that in 32
which a returning officer is required by section 116 to deal with 33
an absent voter's ballot paper. 34
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Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 3
relating to pre-poll voting at electoral offices and other appointed places
[15] Section 114R 1
Insert after section 114QA: 2
114R Provisional pre-poll voting 3
(1) Entitlement to provisional pre-poll vote 4
The following persons may apply to any pre-poll voting officer at 5
a pre-poll voting place for permission to vote before polling day 6
under this section: 7
(a) a person who is not enrolled for any district, but claims to 8
be entitled to enrol for a district, and to whom section 114P 9
would apply if that person were so enrolled, 10
(b) a person who is enrolled for a district, but claims to be 11
entitled to enrol for another district, and to whom 12
section 114P applies. 13
(2) Information to be given to pre-poll voting officer 14
A person making an application under this section must give the 15
following information to the pre-poll voting officer to whom the 16
application is made: 17
(a) the district for which the person claims to be entitled to 18
enrol (and, if relevant, the district for which the person is 19
enrolled), 20
(b) the ground on which the person is making the application, 21
(c) any matters prescribed by the regulations. 22
(3) Questions may be put to voter 23
After such an application is made to a pre-poll voting officer, he 24
or she may, and, if requested to do so by any scrutineer, must, put 25
to the person who made the application any of the questions 26
prescribed by section 100 (1) which are applicable to the case, 27
and, if the person answers the questions satisfactorily or if no 28
questions are put to the person, the person is to be permitted to 29
vote in accordance with this section. 30
(4) Provisional pre-poll vote within district 31
If the person makes an application to a pre-poll voting officer at 32
a pre-poll voting place that is in the district for which the person 33
claims to be entitled to be enrolled, section 106 (2), (2A) and (2B) 34
extend to the casting and scrutiny of the person's vote, subject to 35
the following modifications: 36
(a) references to polling places are taken to be references to 37
pre-poll voting places, 38
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Schedule 3 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to pre-poll voting at electoral offices and other appointed places
(b) references to polling place managers and election officials 1
are taken to be references to pre-poll voting officers at the 2
pre-poll voting places. 3
(5) Provisional pre-poll vote outside district 4
If the person makes an application to a pre-poll voting officer at 5
a pre-poll voting place that is not in the district for which the 6
person claims to be entitled to be enrolled, sections 115A and 7
117A-119 extend to the casting and scrutiny of the person's vote, 8
subject to the following modifications: 9
(a) references to polling places are taken to be references to 10
pre-poll voting places, 11
(b) references to polling place managers and election officials 12
are taken to be references to pre-poll voting officers at the 13
pre-poll voting places. 14
(6) Section 114P (2) and (3)-(5) apply in relation to an application 15
made under this section as if it were an application made under 16
section 114P (1). 17
[16] Section 114S Returning officer to notify polling place managers that 18
elector has voted before polling day 19
Omit the section. 20
[17] Sections 114T (1) and 114U (1), (2) and (4) (b) and (d) 21
Omit "section 114Q" wherever occurring. Insert instead "this Division". 22
[18] Section 114W Duty of persons present when elector votes under this 23
Division 24
Omit "a place at which voting under section 114Q takes place for the purpose 25
of voting under that section". 26
Insert instead "at a pre-poll voting place for the purpose of voting under this 27
Division". 28
[19] Section 114X Preliminary scrutiny of ballot papers of electors under 29
section 114Q 30
Omit section 114X (2). Insert instead: 31
(2) The returning officer must allow the scrutineers to examine the 32
unopened envelopes and, if the returning officer is satisfied: 33
(a) that a person of the same name and description as the 34
person whose name is signed to the declaration is enrolled 35
for the district and that the declaration is properly 36
attested--must remove the ballot paper from the envelope 37
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Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 3
relating to pre-poll voting at electoral offices and other appointed places
and, without unfolding the ballot paper or allowing any 1
other person to do so, place the ballot paper in a locked and 2
sealed ballot box for further scrutiny, or 3
(b) that the person whose name is signed to the declaration is 4
enrolled for some other district than that for which the 5
person declared he or she is enrolled--must arrange for the 6
envelope to be promptly delivered to the returning officer 7
for the district for which the person is enrolled to be dealt 8
with in the manner set out in subsection (3), or 9
(c) that the person whose name is signed to the declaration is 10
not enrolled for any district--must disallow the ballot 11
paper without opening the envelope. 12
(2A) The returning officer for a district to whom an envelope is 13
forwarded under subsection (2) (b) or an election official 14
assisting the returning officer must: 15
(a) if the person whose name is signed to the declaration on 16
the envelope is enrolled for the district and the declaration 17
is properly attested, open the envelope and withdraw any 18
ballot paper contained in the envelope and, without, as far 19
as practicable, inspecting or unfolding the ballot paper or 20
allowing any other person to do so: 21
(i) in the case of any ballot paper for a periodic Council 22
election, accept the ballot paper for further scrutiny 23
and place it in the ballot box, or 24
(ii) in the case of any ballot paper for an Assembly 25
election, disallow the ballot paper, or 26
(b) in any other case--reject the ballot paper without opening 27
the envelope. 28
[20] Part 5, Division 11 Voting by post (interstate and overseas) 29
Omit the Division. 30
[21] Sections 122 (1) (a) and 122A (3) 31
Omit ", pre-poll voting officer or postal voting officer" wherever occurring. 32
Insert instead "or pre-poll voting officer". 33
[22] Section 129E Lists and accounts of ballot papers 34
Omit "in the notification given to him or her pursuant to section 114ZG (3) 35
and" from section 129E (1) (a). 36
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Schedule 3 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to pre-poll voting at electoral offices and other appointed places
[23] Section 135 Violation of secrecy by officers 1
Omit ", postal voting officer, deputy postal voting officer". 2
[24] Section 135A Electoral official to vacate office upon becoming a 3
candidate 4
Omit "a postal voting officer, a deputy postal voting officer, a pre-poll voting 5
officer, an assistant appointed for the purposes of Division 11" from 6
section 135A (1). 7
Insert instead "a pre-poll voting officer". 8
[25] Schedule 4 Ballot paper 9
Omit "114ZB,". 10
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Parliamentary Electorates and Elections Amendment (Automatic
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Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 4
relating to pre-poll voting at declared institutions
Schedule 4 Amendment of Parliamentary 1
Electorates and Elections Act 1912 No 41 2
relating to pre-poll voting at declared 3
institutions 4
[1] Section 114ZO Taking of poll at declared institutions 5
Omit ", on any one or more of the fifth, fourth and third days preceding polling 6
day," from section 114ZO (2). 7
Insert instead ", on any day during the 7 days before polling day appointed by 8
the Electoral Commissioner,". 9
[2] Sections 114ZP (1) (a) and (2), 114ZQ and 114ZS (1) (b) (i) 10
Omit "an inpatient or inmate" wherever occurring. 11
Insert instead "a temporary or permanent resident or an inpatient". 12
[3] Sections 114ZQA and 114ZQB 13
Insert after section 114ZQ: 14
114ZQA Procedure for voting at declared institutions--general 15
(1) The pre-poll voting officers are to afford an elector entitled to 16
vote under this Division the opportunity to record his or her vote 17
by visiting the elector at the declared institution of which the 18
elector is, for the time being, a temporary or permanent resident 19
or an inpatient. 20
(2) A visit to an elector must not be made under this Division if the 21
pre-poll voting officer is informed, by a legally qualified medical 22
practitioner or member of the staff of the declared institution of 23
which the elector is, for the time being, a temporary or permanent 24
resident or an inpatient, that the visit is forbidden, on medical 25
grounds, by a legally qualified medical practitioner. 26
114ZQB Procedure for voting at declared institutions--voting in elector's 27
district 28
(1) This section applies to voting by an elector under this Division 29
where the elector is enrolled for the district in which the declared 30
institution is situated. 31
(2) Division 8 (other than sections 95-98, 106 (2), (2A) and (2B) 32
and 109) extends to voting to which this section applies subject 33
to the following modifications: 34
(a) references to polling places are taken to be references to 35
declared institutions, 36
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Schedule 4 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to pre-poll voting at declared institutions
(b) references to polling place managers and election officials 1
are taken to be references to pre-poll voting officers at the 2
declared institution. 3
(3) Section 114ZR (6A) and (6B) extend to voting under this section. 4
(4) The Electoral Commissioner is to ensure that each returning 5
officer is provided with sufficient authorised copies of the roll for 6
the district in which a declared institution is situated for the 7
purposes of this section. 8
(5) The pre-poll voting officers assigned under section 114ZO to 9
take the poll at a declared institution must ensure the security of 10
any ballot boxes used for the purposes of this section. 11
(6) As soon as practicable after the completion of voting at a declared 12
institution, the pre-poll voting officers assigned under 13
section 114ZO to take the poll at the institution must, in the 14
presence of any other election official assisting the officers and 15
any scrutineers who are present: 16
(a) publicly close, fasten, seal and take charge of the ballot 17
box used by the officers for the purposes of this section, 18
and 19
(b) with the least possible delay, forward it for the purposes of 20
scrutiny to the returning officer for the district in which the 21
declared institution is situated. 22
(7) At the scrutiny the returning officer is to: 23
(a) produce any ballot boxes that have been delivered to him 24
or her in accordance with subsection (6), and 25
(b) remove the ballot papers from the ballot boxes, and 26
(c) open those ballot papers and count those that are formal. 27
(8) Without affecting subsection (2), the provisions of this section 28
apply in addition to, and without derogation from, the application 29
of any other provision of this Act. However, any such other 30
provision applies with any necessary modifications. 31
[4] Section 114ZR Procedure for voting at declared institutions--voting 32
other than in elector's district 33
Omit section 114ZR (1) and (2). Insert instead: 34
(1) This section applies to voting by an elector under this Division 35
where the elector is not enrolled for the district in which the 36
declared institution is situated. 37
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Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 4
relating to pre-poll voting at declared institutions
[5] Section 114ZR (10) 1
Omit the subsection. Insert instead: 2
(10) As soon as practicable after the receipt by a returning officer of a 3
ballot paper under subsection (5) or (8), the returning officer is to 4
deal with the ballot paper in the same manner as that in which he 5
or she is required by section 116 to deal with an absent voter's 6
ballot paper. 7
[6] Section 114ZR (11) 8
Omit the subsection. 9
[7] Section 114ZU Penalty for unlawfully marking ballot paper etc 10
Insert "114ZQB," before "114ZR". 11
[8] Section 114ZU (c) 12
Insert at the end of section 114ZU (b): 13
, or 14
(c) is a person appointed by that elector under section 108 (1) 15
or is a pre-poll voting officer acting in accordance with 16
section 108 (2) (as extended by section 114ZQB (2)). 17
[9] Section 114ZV Duty of persons present when elector votes under this 18
Division 19
Insert "108 (as extended by section 114ZQB (2)) or in section" after "section" 20
in section 114ZV (b). 21
[10] Section 114ZW Preliminary scrutiny of ballot papers of certain electors 22
under this Division 23
Omit section 114ZW (2). Insert instead: 24
(2) The returning officer is to examine the declaration on the 25
envelope containing the elector's ballot paper, and if the 26
returning officer is satisfied that: 27
(a) the elector is enrolled for the district for which the 28
returning officer is appointed--he or she is to accept the 29
ballot paper for further scrutiny, or 30
(b) the elector is enrolled for some other district--he or she is 31
to arrange for the envelope to be promptly delivered to the 32
returning officer for the district for which the person is 33
enrolled to be dealt with in the manner set out in 34
subsection (2A), or 35
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Parliamentary Electorates and Elections Amendment (Automatic
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Schedule 4 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to pre-poll voting at declared institutions
(c) the person whose signed the declaration is not enrolled for 1
any district--he or she is to disallow the ballot paper 2
without opening the envelope. 3
(2A) The returning officer for a district to whom an envelope is 4
forwarded under subsection (2) (b), or an election official 5
assisting the returning officer, must: 6
(a) if the person who signed the declaration on the envelope is 7
enrolled for the district and the declaration is properly 8
attested, open the envelope and withdraw any ballot paper 9
contained in the envelope and, without, as far as 10
practicable, inspecting or unfolding the ballot paper or 11
allowing any other person to do so: 12
(i) in the case of any ballot paper for a periodic Council 13
election, accept the ballot paper for further scrutiny 14
and place it in the ballot box, or 15
(ii) in the case of any ballot paper for an Assembly 16
election, disallow the ballot paper, and 17
(b) in any other case--reject the ballot paper without opening 18
the envelope. 19
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Schedule 5 Miscellaneous amendments to 1
Parliamentary Electorates and Elections 2
Act 1912 No 41 3
[1] Section 3 Definitions 4
Omit the definition of Antarctic elector from section 3 (1). Insert instead: 5
Antarctic elector means an elector who is on the polling day for 6
an election: 7
(a) in the Australian Antarctic Territory, including Macquarie 8
Island and the Territory of Heard Island and McDonald 9
Islands, or 10
(b) on a ship in transit to or from a place mentioned in 11
paragraph (a) that has been declared by the Electoral 12
Commissioner to be an Antarctic ship. 13
[2] Section 3 (1) 14
Insert in alphabetical order: 15
Authorised copy of a roll, in relation to an election, means an 16
authorised copy of a roll referred to in section 89 (3). 17
Voting directions means directions or suggestions (whether 18
express or implied) in relation to the casting of votes. 19
[3] Section 21AE Election officials 20
Omit section 21AE (3). Insert instead: 21
(3) A person is not qualified for appointment as an election official 22
unless: 23
(a) if the person resides in the State--the person is enrolled for 24
a district, or 25
(b) in any other case--the person is enrolled in any other State 26
or Territory of the Commonwealth as an elector for the 27
House of Representatives. 28
(4) A person is not ineligible for appointment as an election official 29
for a district merely because the person is not enrolled as an 30
elector on the roll for the district. 31
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[4] Section 21AM Delegation 1
Insert at the end of section 21AM (1) (c): 2
, or 3
(d) an officer or member of staff of an electoral commission or 4
electoral office of the Commonwealth or of a State or 5
Territory. 6
[5] Section 21AM (2) (c) 7
Insert at the end of section 21AM (2) (b): 8
, or 9
(c) an officer or member of staff of an electoral commission or 10
electoral office of the Commonwealth or of a State or 11
Territory. 12
[6] Section 66JA Distribution of information to electors about registered 13
parties 14
Omit "and at any public library or other place determined by the Electoral 15
Commissioner" from section 66JA (4). 16
[7] Section 74 Duties of Electoral Commissioner on receipt of writ 17
Omit "forthwith give public notice of" from section 74 (1). 18
Insert instead "as soon as is reasonably practicable publicly advertise (in such 19
manner as the Electoral Commissioner thinks fit)". 20
[8] Section 74 (1) (c) 21
Omit "within the district concerned". 22
[9] Section 74 (1) (c1) 23
Insert after section 74 (1) (c): 24
(c1) a facsimile number and an email address (to be appointed 25
by the Commissioner) at which the Commissioner will 26
receive nomination papers for the election to which the 27
writ relates, and the time by which they must be received, 28
and 29
[10] Section 74 (2) 30
Omit the subsection. 31
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[11] Section 74D Duties of Electoral Commissioner on receipt of writ 1
Omit "forthwith give public notice of" from section 74D (1). 2
Insert instead "as soon as is reasonably practicable publicly advertise (in such 3
manner as the Electoral Commissioner thinks fit)". 4
[12] Section 74D (1) (b1) 5
Insert after section 74 (1) (b): 6
(b1) a facsimile number and an email address (to be appointed 7
by the Electoral Commissioner) at which the Electoral 8
Commissioner will receive nomination papers for the 9
election to which the writ relates, and the time by which 10
they must be received, and 11
[13] Section 74D (2) 12
Omit the subsection. 13
[14] Section 79 Nomination of Assembly candidates 14
Insert "as at 6 pm on the date of issue of the writ for an election for a district" 15
after "any district" in section 79 (1). 16
[15] Section 79 (2) (b) 17
Insert "as at 6 pm on the date of issue of the writ for the election" after "the 18
district". 19
[16] Section 79 (3AA) and (3AB) 20
Insert after section 79 (3): 21
(3AA) A nomination paper may be delivered under this section by 22
transmitting it by facsimile or email. 23
(3AB) A nomination paper is not validly transmitted by email unless: 24
(a) an image of the completed nomination paper signed by the 25
candidate and the registered officer or nominators 26
concerned is included in or attached to the email, and 27
(b) that image includes an image of the actual signatures as 28
appearing on the nomination paper. 29
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[17] Section 79 (3A) and (4) 1
Insert after "enrolled." and before "(Signed)" wherever occurring: 2
I specify that my given name should be printed on the ballot 3
papers for the election in the following form: 4
Note. An alternative form of a candidate's given name may only be: 5
(a) an initial standing for that name, or 6
(b) a commonly accepted variation of the name (including an 7
abbreviation or truncation of that name or an alternative form of 8
that name), or 9
(c) a commonly used other name specific to the candidate by which 10
the candidate is usually identified (if the Electoral Commissioner 11
is satisfied that the proposed name is a commonly used other 12
name specific to the candidate by which the candidate is usually 13
identified). 14
[18] Section 79 (4B) 15
Insert after section 79 (4A): 16
(4B) A given name of a candidate specified in a nomination paper 17
under subsection (3A) or (4) as the form in which that name 18
should be printed on the ballot papers for the election may differ 19
from the candidate's given name as it appears on the roll only to 20
the extent that the given name is specified by: 21
(a) an initial standing for that name, or 22
(b) a commonly accepted variation of the name (including an 23
abbreviation or truncation of that name or an alternative 24
form of that name), or 25
(c) a commonly used other name specific to the candidate by 26
which the candidate is usually identified (if the Electoral 27
Commissioner is satisfied that the proposed name is a 28
commonly used other name specific to the candidate by 29
which the candidate is usually identified). 30
[19] Section 79 (7A) 31
Omit "at the time of the delivery of the nomination paper". 32
Insert instead ", by 12 noon on the day of nomination,". 33
[20] Section 79A Withdrawal of nomination for Assembly election 34
Insert at the end of the section: 35
(2) A notice may be delivered to the Electoral Commissioner under 36
this section by transmitting it by facsimile or email to the 37
facsimile number or email address referred to in 38
section 74 (1) (c1). 39
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(3) A notice is not validly transmitted by email unless: 1
(a) an image of the completed notice signed by the candidate 2
is included in or attached to the email, and 3
(b) that image includes an image of the actual signature as 4
appearing on the notice. 5
[21] Section 80 Proceedings on nomination day if one candidate only 6
Omit "publish the declaration in a newspaper published or circulating" from 7
section 80 (3). 8
Insert instead "as soon as is reasonably practicable publicly advertise the 9
declaration". 10
[22] Section 81 When poll to be taken 11
Omit "publish in a newspaper published or circulating" from section 81 (4). 12
Insert instead "as soon as is reasonably practicable publicly advertise". 13
[23] Section 81B Nomination of Council candidates 14
Insert "as at 6 pm on the date of issue of the writ for a periodic Council 15
election" after "a district" in section 81B (1). 16
[24] Section 81B (2) (b) 17
Insert "as at 6 pm on the date of issue of the writ for the election" after "a roll". 18
[25] Section 81B (3AA) and (3AB) 19
Insert after section 81B (3): 20
(3AA) A nomination paper may be delivered under this section by 21
transmitting it by facsimile or email. 22
(3AB) A nomination paper is not validly transmitted by email unless: 23
(a) an image of the completed nomination paper signed by the 24
candidate and the registered officer or nominators 25
concerned is included in or attached to the email, and 26
(b) that image includes an image of the actual signatures as 27
appearing on the nomination paper. 28
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[26] Section 81B (3A) and (4) 1
Omit the following wherever occurring: 2
*Name in full of Date of birth Place of **Signature of
person residence as person
nominated enrolled nominated
* Underline surname. 3
** The signature of the person nominated must appear opposite 4
the person's name to signify the person's consent to nomination 5
and to certify that the place of residence stated opposite the 6
person's name is the person's place of residence as enrolled. 7
Insert instead: 8
*Name in Date of Place of **Signature of ***Form of
full of birth residence person given name
person as enrolled nominated of person
nominated nominated
to appear on
ballot
papers
* Underline surname. 9
** The signature of the person nominated must appear opposite 10
the person's name to signify the person's consent to nomination 11
and to certify that the place of residence stated opposite the 12
person's name is the person's place of residence as enrolled. 13
***An alternative form of a candidate's given name may only be: 14
(a) an initial standing for that name, or 15
(b) a commonly accepted variation of the name (including an 16
abbreviation or truncation of that name or an alternative 17
form of that name), or 18
(c) a commonly used other name specific to the candidate by 19
which the candidate is usually identified (if the Electoral 20
Commissioner is satisfied that the proposed name is a 21
commonly used other name specific to the candidate by 22
which the candidate is usually identified). 23
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[27] Section 81B (4B) 1
Insert after section 81B (4A): 2
(4B) A given name of a candidate specified in a nomination paper 3
under subsection (3A) or (4) as the form in which that name is to 4
be printed on the ballot papers for the election may differ from the 5
candidate's given name as it appears on the roll only to the extent 6
that the given name is specified by: 7
(a) an initial standing for that name, or 8
(b) a commonly accepted variation of the name (including an 9
abbreviation or truncation of that name or an alternative 10
form of that name), or 11
(c) a commonly used other name specific to the candidate by 12
which the candidate is usually identified (if the Electoral 13
Commissioner is satisfied that the proposed name is a 14
commonly used other name specific to the candidate by 15
which the candidate is usually identified). 16
[28] Section 81C Grouping of candidates 17
Omit "to be published, at least one week before the day for the taking of the 18
poll in the election, in one or more newspapers circulating throughout New 19
South Wales" from section 81C (7) (d). 20
Insert instead "to be publicly advertised at least one week before the day for 21
the taking of the poll in the election". 22
[29] Section 81F Deposit for periodic Council election 23
Omit "at the time of the delivery of the nomination paper" from 24
section 81F (1). 25
Insert instead ", by 12 noon on the day of nomination,". 26
[30] Section 81G Withdrawal of nomination for a periodic Council election 27
Insert after section 81G (2): 28
(3) A notice may be delivered to the Electoral Commissioner under 29
this section by transmitting it by facsimile or email to the 30
facsimile number or email address referred to in 31
section 74D (1) (b1). 32
(4) A notice is not validly transmitted by email unless: 33
(a) an image of the completed notice signed by the candidate 34
is included in or attached to the email, and 35
(b) that image includes an image of the actual signature as 36
appearing on the notice. 37
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[31] Section 81H Proceedings after close of nominations 1
Omit "publish the declaration in some newspaper circulating in the State" 2
wherever occurring in section 81H (1) and (2). 3
Insert instead "publicly advertise the declaration". 4
[32] Section 81H (3) 5
Omit "publish in some newspaper circulating in the State". 6
Insert instead "publicly advertise". 7
[33] Section 82A 8
Omit the section. Insert instead: 9
82A Returning officer to determine order in which candidates' names 10
are to appear on ballot paper 11
If after noon on the day of nomination there are 2 or more 12
candidates for election for a district, the returning officer is to 13
determine the order in which the candidates' names are to appear 14
on the ballot papers by randomly selecting the names of 15
candidates in a manner specified by the Electoral Commissioner 16
(including by electronic means). 17
[34] Section 83 Printing of ballot papers 18
Insert after section 83 (b): 19
(b1) the given name of each candidate is to be in the form 20
specified in the candidate's nomination paper (as provided 21
by section 79 (4B)), 22
[35] Section 83B Printing of ballot papers 23
Omit section 83B (5) (c)-(e). Insert instead: 24
(c) the given name of each candidate: 25
(i) is to be in the form specified in the candidate's 26
nomination paper (as provided by 27
section 81B (4B)), and 28
(ii) is to be in less conspicuous type than the type in 29
which the candidate's surname is printed, and 30
(iii) may be printed on a line after the line on which the 31
candidate's surname is printed, 32
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[36] Section 87B 1
Insert after section 87A: 2
87B Mobile booths for pre-poll voting in remote districts 3
(1) Electoral Commissioner's functions 4
The Electoral Commissioner: 5
(a) may declare a district to be a remote district for the 6
purposes of this section, and 7
(b) may determine the places in that district that a team will 8
visit for the purposes of this section, and 9
(c) may determine the days and times when a team will visit 10
those places (such a day must be after the day of 11
nomination and before polling day or a day to which the 12
polling is adjourned), and 13
(d) must take such steps as the Electoral Commissioner thinks 14
fit to give public notice of: 15
(i) the places determined under paragraph (b), and 16
(ii) the days and times determined under paragraph (c) 17
when a team will visit those places for the purposes 18
of this section. 19
(2) Teams 20
A team consists of 2 or more election officials, one of whom must 21
be a pre-poll voting officer who is designated by the Electoral 22
Commissioner as team leader. The team leader is to exercise the 23
functions of the pre-poll voting officer under the following 24
provisions of this section. 25
(3) Visits and variation of places, days or times 26
A team must make a visit or visits as notified under 27
subsection (1) (d), but, if the team is unable for reasonable cause, 28
or the pre-poll voting officer considers it inappropriate, to make 29
such a visit, the officer may substitute another place, day or time 30
for the visit and, in that event, must: 31
(a) take such steps as he or she thinks fit to give public notice 32
of the substituted place, day or time, and 33
(b) inform the Electoral Commissioner. 34
(4) Failure to visit does not invalidate election result 35
Any failure by a team to make a visit in accordance with this 36
section does not invalidate the result of the election. 37
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(5) Voting 1
At any time when a team is at a place for the purposes of taking 2
votes under this section in an election: 3
(a) the pre-poll voting officer must have a pre-poll ballot box, 4
ballot papers and such other things as are necessary for the 5
votes of electors to be taken at the place, and 6
(b) every person at the place who is entitled to vote in the 7
election for the remote district concerned is entitled to 8
have his or her vote taken under this section, and 9
(c) for the purposes of, and in connection with, the taking of 10
votes under this section: 11
(i) the place is taken to be a pre-poll voting place, and 12
(ii) the pre-poll voting officer is taken to be the pre-poll 13
voting officer at that pre-poll voting place, and 14
(d) an elector's vote is, so far as is reasonably practicable, to 15
be taken and dealt with in all respects as if the vote were 16
recorded at a pre-poll voting place under usual conditions, 17
but section 114P is to be disregarded in relation to: 18
(i) the qualifications to vote before election day, and 19
(ii) pre-poll voting times. 20
(6) Ballot box to be secured and forwarded to returning officer 21
At the end of the last visit made by a team for the purposes of this 22
section, the pre-poll voting officer must, in the presence of any 23
other election official assisting the officer and any scrutineers 24
who are present: 25
(a) publicly close, fasten, seal and take charge of the ballot 26
box used by the officer for the purposes of this section, and 27
(b) with the least possible delay, forward it for the purposes of 28
scrutiny to the returning officer for the district concerned. 29
(7) Relationship of this section to other provisions 30
In relation to a district declared by the Electoral Commissioner to 31
be a remote district, and without affecting subsection (5) (d), the 32
provisions of this section apply in addition to, and without 33
derogation from, the application of any other provision of this 34
Act. However, any such other provision applies with any 35
necessary modifications. 36
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[37] Section 89 Polling place managers to be furnished with copies of rolls 1
and ballot papers 2
Omit section 89 (1) (a). Insert instead: 3
(a) provide for use at each polling place sufficient authorised 4
copies of the roll for the district in which the poll is to be 5
taken, and 6
[38] Section 89 (1A) (a) 7
Omit the paragraph. Insert instead: 8
(a) at least one printed authorised copy of the roll for his or her 9
district, and 10
[39] Section 89 (2) (b) 11
Omit the paragraph. 12
[40] Section 89 (3) 13
Omit the subsection. Insert instead: 14
(3) An authorised copy of the roll referred to in subsections (1) 15
and (1A) is a printed or electronic copy of the roll of the electors 16
for the district as at the date of the issue of the writ for the election 17
for which the polling place has been declared to be a polling 18
place, but does not include the names of any elector who will not 19
have attained the age of 18 years on polling day. 20
[41] Section 102A 21
Insert after section 102: 22
102A Marking of roll 23
Immediately on delivering a ballot paper to a voter, an election 24
official must, in a manner specified by the Electoral 25
Commissioner, record that delivery on the printed or electronic 26
authorised copy of the roll. 27
[42] Section 104A 28
Insert after section 104: 29
104A Ballot papers may be photocopied, written or otherwise 30
reproduced 31
(1) If a polling place does not have or runs out of ballot papers 32
printed in accordance with section 83 or 83B, the returning 33
officer, polling place manager or other election official in charge 34
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at the time may have the ballot paper reproduced (including by 1
photocopying or by copies being obtained by use of facsimile or 2
email). 3
(2) A ballot paper so reproduced is still required to be in or to the 4
effect of the form prescribed in Schedule 4 or 4A, as the case 5
requires, and is to be in the same general format as the ballot 6
paper printed in accordance with section 83 or 83B. 7
(3) A ballot paper so reproduced and complying with subsection (2) 8
is as valid as a ballot paper printed in accordance with section 83 9
or 83B. 10
[43] Section 112 False answer to questions etc or multiple voting 11
Omit "twice" from section 112 (1) (d). Insert instead "more than once". 12
[44] Section 120C Penalty notices for certain offences 13
Omit "by leaving it at, or sending it by post to, the residence of the elector set 14
out on the roll used at the election" from section 120C (1). 15
[45] Section 120C (1A) 16
Insert after section 120C (1): 17
(1A) A penalty notice may be served personally or by post. 18
[46] Section 120C (2) (b) 19
Omit "$25". Insert instead "$55". 20
[47] Section 120F Offences relating to failure to vote 21
Omit "0.5 penalty unit" wherever occurring in section 120F (1) and (2). 22
Insert instead "1 penalty unit". 23
[48] Section 120J Additional provisions applicable where polling day for 24
Assembly and periodic Council elections is same day 25
Omit "the copy of the printed roll and the certified copies of rolls in force" 26
from section 120J (j). 27
Insert instead "the authorised copies of the rolls". 28
[49] Section 123 Sealing and transmission by polling place managers of 29
separate parcels of ballot papers etc 30
Insert "and" after "election," in section 123 (a). 31
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[50] Section 123 (c) 1
Omit "the certified copies of rolls". 2
Insert instead "any printed authorised copies of the rolls". 3
[51] Section 123 (d) 4
Insert at the end of section 123 (c): 5
and 6
(d) if, in accordance with section 102A, a recording has been 7
made on an electronic authorised copy of the roll, or on 8
another file, on a computer at the polling place to show the 9
delivery of a ballot paper to a voter--in a fourth separate 10
parcel, a copy of the electronic authorised copy of the roll, 11
or other file, so marked by that recording (such as on a 12
memory stick or a disc as directed by the Electoral 13
Commissioner), 14
[52] Section 125 Returning officers' parcels 15
Insert "and, if relevant, copies of the electronic authorised copy of the roll, or 16
other files, showing the delivery of ballot papers to voters at such polling 17
booths" after "such polling booths". 18
[53] Section 125A Parcels of postal, pre-poll or absent ballot papers etc 19
Omit section 125A (3). Insert instead: 20
(3) Section 127 applies to parcels referred to in subsection (1) as if 21
they were parcels of marked and unmarked ballot papers referred 22
to in that section. 23
[54] Section 126 Declaration of poll 24
Omit section 126 (2B). Insert instead: 25
(2B) As soon as practicable after being notified of the result of the 26
election, the Electoral Commissioner must announce the result of 27
the election by notice: 28
(a) published in a newspaper circulating in the State, or 29
(b) displayed on the Commission's Internet website. 30
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[55] Section 127 1
Omit sections 127-129. Insert instead: 2
127 Security of election materials 3
(1) The returning officer, after a declaration that a candidate has been 4
duly elected, is to: 5
(a) parcel the marked and unmarked ballot papers, authorised 6
copies of the roll and other papers and materials used in the 7
election in the manner specified by the Electoral 8
Commissioner, and 9
(b) forward the parcels to the Electoral Commissioner. 10
(2) The Electoral Commissioner must have the parcels kept securely 11
until the latest of the following: 12
(a) the period of 6 months after the day of polling has expired, 13
(b) the period during which the validity of the election may be 14
disputed under this Act has expired, 15
(c) if a petition has or petitions have been filed under section 16
155--the Court of Disputed Returns has determined the 17
matters referred to in the petition or petitions, 18
(d) if the Electoral Commissioner has consented to the use of 19
the papers and materials in the parcels for research or 20
analysis--the conclusion of that research or analysis. 21
(3) On the expiry of the Electoral Commissioner's obligation under 22
subsection (2), he or she may cause the parcels and their contents 23
to be destroyed. 24
[56] Section 129C Sealing and transmission of separate parcels of ballot 25
papers etc 26
Insert "and" after "polling," in section 129C (1) (a). 27
[57] Section 129C (1) (c) 28
Omit "the certified copies". Insert instead "any printed authorised copies". 29
[58] Section 129C (1) (c1) 30
Insert at the end of section 129C (1) (c): 31
and 32
(c1) if, in accordance with section 102A, a recording has been 33
made on an electronic authorised copy of the roll, or on 34
another file, on a computer at the polling place to show the 35
delivery of a ballot paper to a voter--in a fourth separate 36
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parcel, a copy of the electronic authorised copy of the roll, 1
or other file, so marked by that recording (such as on a 2
memory stick or a disc as directed by the Electoral 3
Commissioner), 4
[59] Section 129C (2) 5
Omit "(1) (c) does". Insert instead "(1) (c) and (c1) do". 6
[60] Section 129G Declaration of poll 7
Omit section 129G (3). Insert instead: 8
(3) As soon as practicable after the count has been completed, the 9
Electoral Commissioner must announce the result of the election 10
by notice: 11
(a) published in a newspaper circulating in the State, or 12
(b) displayed on the Commission's Internet website. 13
[61] Section 129H 14
Omit sections 129H-129J. Insert instead: 15
129H Security of election materials 16
(1) The Electoral Commissioner, after a declaration that candidates 17
have been duly elected, must have the marked and unmarked 18
ballot papers, authorised copies of the roll and other papers and 19
materials used in the election kept securely until the latest of the 20
following: 21
(a) the period of 6 months after the day of polling has expired, 22
(b) the period during which the validity of the election may be 23
disputed under this Act has expired, 24
(c) if a petition has or petitions have been filed under 25
section 155--the Court of Disputed Returns has 26
determined the matters referred to in the petition or 27
petitions, 28
(d) if the Electoral Commissioner has consented to the use of 29
the papers and materials in the parcels for research or 30
analysis--the conclusion of that research or analysis. 31
(2) On the expiry of the Electoral Commissioner's obligation under 32
subsection (1), he or she may cause those papers and materials to 33
be destroyed. 34
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[62] Section 138 1
Insert after section 137: 2
138 Electoral information 3
(1) After an election, the Commission must ensure that the following 4
information is publicly available: 5
(a) the number of first preference votes given for each 6
candidate, 7
(b) in relation to a periodic Council election--the number of 8
first preference votes given for each group, 9
(c) the details of distribution of preference votes. 10
(2) After an election, the Commission must ensure that: 11
(a) each registered party that so requests, and 12
(b) each member of Parliament who is not a member of a 13
registered party and who makes a request in respect of the 14
member's district, 15
is provided with electoral information containing the names and 16
the addresses of electors who voted (other than silent electors and 17
itinerant electors), whether they voted personally or by post and, 18
if they voted at a polling place for the district for which the 19
electors were enrolled, the location of that polling place. 20
(3) Electoral information provided under subsection (2) must only be 21
used in connection with an election. 22
(4) A person must not use, or cause or permit the use of, electoral 23
information provided under this section for any purpose other 24
than in connection with an election. 25
Maximum penalty: 1,000 penalty units. 26
[63] Section 151B Exhibition of posters 27
Omit section 151B (1). Insert instead: 28
(1) Posters at polling place 29
A person must not, at any time on the day of polling for an 30
election, display or cause to be displayed any poster of any size: 31
(a) within a polling place, or 32
(b) within 6 metres of an entrance to a polling place, or 33
(c) on the exterior of a building used as a polling place. 34
Maximum penalty: 3 penalty units. 35
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Miscellaneous amendments to Parliamentary Electorates and Elections Act Schedule 5
1912 No 41
(2) Posters in grounds of enclosure of polling place 1
Without limiting subsection (1), a person must not, at any time on 2
the day of polling for an election, display or cause to be displayed 3
any poster exceeding 8,000 square centimetres in area within the 4
grounds of an enclosure in which a building used for polling is 5
situated. 6
Maximum penalty: 3 penalty units. 7
(2AA) Posters on boundary of enclosure of polling place 8
A person must not, at any time on the day of polling for an 9
election, display or cause to be displayed any poster exceeding 10
8,000 square centimetres in area on the outer wall, fence or other 11
boundary of the grounds of an enclosure in which a building used 12
for polling is situated. 13
Maximum penalty: 3 penalty units. 14
[64] Section 151B (4) 15
Insert after section 151B (3): 16
(4) Subsection (2A) (a) does not apply in relation to a poster: 17
(a) on the outer wall, fence or other boundary of the grounds 18
of an enclosure in which a building used for polling is 19
situated, or 20
(b) within the grounds of an enclosure in which a building 21
used for polling is situated, or 22
(c) on a vehicle on a road or road related area (within the 23
meaning of the Road Transport (General) Act 2005), or 24
(d) fixed or attached to a table or stall on a footpath or other 25
public place at any time on the day of polling for an 26
election. 27
[65] Section 151B (6), definition of "the prescribed size" 28
Omit the definition. 29
[66] Section 151B (8) 30
Insert after section 151B (7): 31
(8) Extension of poster offence provisions to pre-poll voting places 32
For the purposes of subsection (1): 33
(a) a reference to a polling place is taken to include a reference 34
to a pre-poll voting place, and 35
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Schedule 5 Miscellaneous amendments to Parliamentary Electorates and Elections Act
1912 No 41
(b) in relation to such a pre-poll voting place, a reference to "at 1
any time on the day of polling for an election" is taken to 2
be a reference to "during the hours appointed for that place 3
under section 114P". 4
[67] Section 151EA 5
Insert after section 151E: 6
151EA Authorisation of advertisements on electronic billboards, digital 7
road signs etc to be displayed 8
A person must not display any matter, being an advertisement or 9
notice, containing any electoral matter (within the meaning of 10
section 151B), on an electronic billboard, digital road sign or 11
other similar device, unless the matter contains, in visible, legible 12
characters, the name and address of the person on whose 13
instructions the matter was displayed. 14
Maximum penalty: 5 penalty units or imprisonment for 6 months. 15
[68] Section 151G Registration of electoral material 16
Omit "ticket" wherever occurring in section 151G (8) (a), (c), (d) and (e). 17
Insert instead "voting directions". 18
[69] Section 151GA Registration of electoral matter involving joint voting 19
directions 20
Omit "ticket" wherever occurring in section 151GA (1) and (2). 21
Insert instead "voting directions". 22
[70] Section 151H Prohibition of canvassing near polling places 23
Omit section 151H (1) (e). 24
[71] Part 5, Division 18 25
Omit the Division. Insert instead: 26
Division 18 Polling in Antarctica 27
154AA Electoral Commissioner to approve procedures for voting in 28
Antarctica 29
The Electoral Commissioner is to approve procedures to enable: 30
(a) any Antarctic elector, where practicable, to vote at an 31
election, and 32
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Miscellaneous amendments to Parliamentary Electorates and Elections Act Schedule 5
1912 No 41
(b) any vote cast in accordance with procedures approved 1
under this section to be transmitted to the Electoral 2
Commissioner. 3
154AB Entitlement to vote in Antarctica 4
Any elector enabled to vote under procedures approved under 5
section 154AA is entitled to vote in accordance with those 6
procedures. 7
154AC Votes from Antarctica to be counted with postal votes 8
Any vote cast by an elector and transmitted to the Electoral 9
Commissioner in accordance with procedures approved under 10
section 154AA is to be counted with the postal votes for that 11
election. 12
154AD Requirements for voting procedures in Antarctica 13
Procedures approved under section 154AA are, as far as 14
practicable, to provide for authentication of the vote of an elector 15
and the preservation of the secrecy of that vote. 16
154AE Votes from Antarctica not to be disclosed 17
Any person who becomes aware of how an elector, voting in 18
accordance with procedures approved under section 154AA, 19
voted is not to disclose this information to any other person 20
except in accordance with an approved procedure. 21
Maximum penalty: 0.5 penalty unit. 22
[72] Section 163 Inquiries by Court 23
Omit section 163 (2). 24
[73] Section 180 Summary penalties for neglect 25
Omit the section. 26
[74] Schedule 22 Savings, transitional and other provisions 27
Insert at the end of clause 1 (1): 28
Parliamentary Electorates and Elections Amendment (Automatic 29
Enrolment) Act 2009 30
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Schedule 5 Miscellaneous amendments to Parliamentary Electorates and Elections Act
1912 No 41
[75] Schedule 22, Part 3 1
Insert after Part 2: 2
Part 3 Provisions consequent on enactment of 3
Parliamentary Electorates and Elections 4
Amendment (Automatic Enrolment) Act 5
2009 6
9 Persons enrolled for a subdivision taken to be enrolled for a 7
district 8
A person who was enrolled for a subdivision of a district 9
immediately before the commencement of Schedule 1 [7] to the 10
Parliamentary Electorates and Elections Amendment (Automatic 11
Enrolment) Act 2009 is taken, on the commencement of that item, 12
to be enrolled for that district. 13
10 Commonwealth roll for purposes of election 14
(1) The Electoral Commissioner may request that the Australian 15
Electoral Officer for New South Wales certify, sign and transmit 16
to the Electoral Commissioner a printed copy of the roll for each 17
Commonwealth subdivision in a district as in force on a specified 18
date. 19
(2) A copy of the roll so transmitted to the Electoral Commissioner 20
may be used by the Electoral Commissioner to compile a roll for 21
the electoral district which includes the Commonwealth 22
subdivision. 23
(3) The regulations may make provision for or with respect to the 24
supply and certification of a composite roll for a district made up 25
of all rolls for Commonwealth subdivisions within that district. 26
(4) A copy of a roll referred to in this clause must not contain any 27
particulars relating to a person's occupation. 28
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Parliamentary Electorates and Elections Amendment (Automatic
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Amendment of other legislation Schedule 6
Schedule 6 Amendment of other legislation 1
6.1 Geographical Names Act 1966 No 13 2
Section 2 Definitions 3
Omit "or subdivision" from the definition of Place. 4
6.2 Government Information (Public Access) Act 2009 No 52 5
Schedule 1 Information for which there is conclusive presumption of 6
overriding public interest against disclosure 7
Insert in alphabetical order in clause 1: 8
Parliamentary Electorates and Elections Act 1912--section 48 9
(Privacy--non-disclosure of information) 10
6.3 Local Government Act 1993 No 30 11
[1] Section 210A Consultation, public notice and exhibition of proposals 12
regarding ward boundaries 13
Omit "subdivisions" from section 210A (1) (a). Insert instead "districts". 14
[2] Section 266 Who has the right to be enrolled as an elector? 15
Omit "section 21" from section 266 (2). Insert instead "section 25". 16
6.4 Local Government (General) Regulation 2005 17
Clause 393 18
Insert after clause 392A: 19
393 Electoral information 20
(1) After an election, the Electoral Commission must ensure that: 21
(a) each registered political party that so requests, and 22
(b) each councillor and mayor who is not a member of a 23
registered political party and who makes a request in 24
respect of the councillor's and mayor's ward or area, as 25
appropriate, 26
is provided with electoral information containing the names and 27
the addresses of electors who voted (other than silent electors), 28
whether they voted personally or by post and, if they voted at a 29
polling place for the ward or area for which the electors were 30
enrolled, the location of that polling place. 31
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Parliamentary Electorates and Elections Amendment (Automatic
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Schedule 6 Amendment of other legislation
(2) The provisions of section 138 (3) and (4) of the Parliamentary 1
Electorates and Elections Act 1912 are adopted in connection 2
with electoral information provided under subclause (1) as set out 3
in subclauses (3) and (4), including the penalty set out at the end 4
of subclause (4). 5
Note. Section 748 (3) and (4) of the Act provide for the creation of 6
offences in connection with elections and polls by adopting, with such 7
modifications as are necessary, any of the provisions of the 8
Parliamentary Electorates and Elections Act 1912, and for the penalty 9
for such an offence not to exceed the penalty for the corresponding 10
offence in that Act. 11
(3) Electoral information provided under subclause (1) must only be 12
used in connection with an election. 13
(4) A person must not use, or cause or permit the use of, electoral 14
information provided under this clause for any purpose other than 15
in connection with an election. 16
Maximum penalty: 1,000 penalty units. 17
6.5 Parliamentary Electorates and Elections Act 1912 No 41 18
Section 48 Privacy--non-disclosure of information 19
Omit section 48 (6). 20
6.6 Parliamentary Electorates and Elections Amendment Act 21
2006 No 68 22
[1] Schedule 5, heading 23
Omit the heading to Schedule 5. Insert instead: 24
Schedule 5 Amendment of Part 4 of Principal 25
Act 26
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Parliamentary Electorates and Elections Amendment (Automatic
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Amendment of other legislation Schedule 6
[2] Schedule 5 [3] 1
Omit: 2
[3] Section 21E 3
Insert after section 21D: 4
21E Contributions from local councils for cost of maintaining the 5
roll 6
Insert instead: 7
[3] Section 49A 8
Insert after section 49: 9
49A Contributions from local councils for cost of maintaining the 10
roll 11
[3] Schedule 5 [3], proposed section 49A (as amended by item [2]) 12
Omit "section 21B". Insert instead "section 49". 13
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