ELECTORAL ACT 1992

Queensland Consolidated Acts

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ELECTORAL ACT 1992

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

1. Short title
2. Definitions
3. Average number of enrolled electors for electoral districts
4. When electoral redistribution etc. becomes final
5. Related political parties

Part 2--Administration

Division 1--The electoral commission

6. Establishment of Electoral Commission of Queensland etc.
7. Functions and powers of commission
8. Queensland redistribution commission
9. Tenure and terms of office
10. Leave of absence
11. Resignation
12. Disclosure of interests
13. Termination of appointment
14. Acting appointments
15. Meetings of commission
16. Estimates
17. Delegation by commission
18. Reports by commission
19. Electoral officer accountable officer

Division 2--Electoral commissioner and deputy electoral commissioner

20. Electoral commissioner
21. Deputy electoral commissioner
22. Terms and conditions of appointment etc.
23. Leave of absence
24. Resignation
25. Termination of appointment
26. Acting electoral commissioner
27. Acting deputy electoral commissioner
28. Notice of appointment

Division 3--Staff of the commission

29. Staff
30. Electoral registrars
31. Returning officers
32. Assistant returning officers
33. Confidentiality of information

Part 3--Electoral districts and electoral redistributions

Division 1--Distribution etc. of State into electoral districts

34. Number of electoral districts for the State
35. Distribution, and redistribution, of State into electoral districts

Division 2--When need for an electoral redistribution arises

36. Need for electoral redistribution arises in 3 circumstances
37. Electoral redistribution because of changed number of electoral districts
38. Electoral redistribution after certain number of elections and minimum period
39. Electoral redistribution because of enrolment changes
40. Situation if need for more than 1 electoral redistribution arises

Division 3--How electoral redistributions are to be undertaken

41. Scope of division
42. Inviting suggestions
43. Inviting comments on suggestions
44. Preparing proposed electoral redistribution
45. Proposed electoral redistribution must be within numerical limits
46. Matters to be considered in preparing proposed electoral redistribution
47. Publishing proposed electoral redistribution
48. Inviting objections against proposed electoral redistribution
49. Inviting comments on objections
50. Considering objections and comments
51. Making electoral redistribution
52. When redistribution takes effect
53. Advertising electoral redistribution
54. Tabling all relevant documents
55. Commission may hold public hearings
56. How notices are to be published
57. Appeals against boundaries of electoral districts

Part 4--Electoral rolls

Division 1--Commission to keep electoral rolls

58. Commission to keep electoral rolls
59. Preparation of electoral rolls
60. Inspection of publicly available parts of electoral rolls
61. Information on electoral rolls to be provided to particular people and organisations
62. Joint roll arrangement with Commonwealth
63. Gazettal of enrolment figures

Division 2--Enrolment

64. Entitlement to enrolment
65. Enrolment and transfer of enrolment
66. Provisional enrolment
67. Objections

Part 5--Register of special postal voters

68. Commission to keep register of special postal voters

Part 6--Registration of political parties

69. Scope of part
70. Register of political parties
71. Applications for registration
72. Publication of notice of application
73. Registration
74. Registered officer's deputy
75. Refusal of registration
76. Complying constitution
77. Amendment of register
78. Cancellation of registration
79. Public access to register
80. Party constitution

Part 7--Elections

Division 1--Calling of elections

81. Writs for elections
82. Writs by Governor
83. Writs by Speaker
84. Form and content of writs
85. Commission to publish writ and prepare for election
86. Change of time limits in writ

Division 2--Nomination of candidates for election

87. Who may be nominated
88. How and when nomination takes place
89. Deposit to accompany nomination
90. Grounds for deciding a person is not properly nominated
91. Effect of multiple nominations
92. Withdrawal of consent to nomination
93. Announcement of nominations
94. Election of sole candidate
95. Failure of election
96. Election to be held

Division 3--Arrangements for elections

97. Commission to make arrangements for elections
98. Setting up and operating polling booths
99. Kinds of polling booths
100. Adjournment of poll
101. Register of candidates
102. Supply of ballot papers and electoral rolls
103. Order of candidates' names on ballot papers
104. Scrutineers
105. Correction of errors

Division 4--Who may vote

106. Who may vote

Division 5--How voting takes place
Subdivision 1--Ordinary voting

107. Procedure for voting
108. Help to enable electors to vote at polling booths
109. Help to enable electors to vote at hospitals
Subdivision 2--Pre-poll ordinary voting
110. Pre-poll ordinary voting
111. Pre-poll voting offices
112. Procedure for pre-poll ordinary voting
113. Help to enable electors to vote at pre-poll voting offices
Subdivision 3--Declaration voting
114. Who may make a declaration vote
115. Who must make a declaration vote
116. Ways in which an elector may make a declaration vote
117. Making a declaration vote at a polling booth
118. Making a declaration vote at a commission office
119. Making a declaration vote using posted voting papers
120. Electoral visitor voting
121. Making a declaration vote in cases of uncertain identity
Subdivision 4--Marking of ballot papers
122. How electors must vote
123. Formal and informal ballot papers

Division 6--Counting of votes

124. Votes to be counted in accordance with division
125. Preliminary processing of declaration envelopes and ballot papers
126. Preliminary and official counting of votes
127. Preliminary counting of ordinary votes
128. Official counting of votes
129. Objections by scrutineers
130. Recounting of votes

Division 7--Notifying the results of elections etc.

131. Notifying the results of an election
132. Return of writ for election
133. Counting for information purposes
134. Notice of failure to vote etc.
135. Payments for failure to vote
136. Storage of ballot papers and declaration envelopes

Part 8--Court of Disputed Returns

Division 1--Court of Disputed Returns

137. Supreme Court to be Court of Disputed Returns

Division 2--Disputing elections

138. Election may be disputed under this part
139. Who may dispute the election
140. Requirements for an application to be effective
141. Copies of application to be given to elected candidate and commission
142. Application to court for order relating to documents etc.
143. Parties to application
144. How application is to be dealt with by court
145. Application for dismissal of application disputing election
146. Powers of the court
147. Restrictions on certain orders
148. Restriction on certain evidence and inquiries
149. Copy of final court orders to be sent to Clerk of Parliament
150. Costs
151. Decisions and orders to be final etc.
152. Right of commission to have access to documents

Division 3--Disputing qualifications and vacancies of members

153. Reference of question as to qualification or vacancy
154. Speaker to state case
155. Parties to the reference
156. Powers of court
157. Order to be sent to Assembly
158. Application of provisions

Division 4--Appeals

159. Appeal to Court of Appeal on question of law
160. Time for appealing
161. Commission is a party to appeal
162. How appeal is dealt with by Court of Appeal
163. Application for dismissal of appeal
164. Copy of final court orders to be sent to Clerk of Parliament
165. Right of commission to have access to documents

Part 9--Commission oversight of preselection ballots

166. Model procedures for preselection ballots
167. Notice of preselection ballots to commission
168. Inquiry into preselection ballot
169. Frivolous or vexatious complaint
170. Notice of preselection ballot
171. Selecting preselection ballots for random audit
172. Random audit of preselection ballots
173. Election not invalidated by irregular preselection ballot

Part 10--Enforcement

Division 1--Offences in general

174. Attempts taken to be offences
175. Failure to enrol etc.
176. False names etc. on electoral rolls
177. Misuse of restricted information
178. Improperly influencing commission
179. Interfering with election right or duty
180. Wilful neglect etc. by commission staff

Division 2--Offences relating to electoral advertising etc.

181. Author of election matter must be named
182. Distribution of how-to-vote cards
183. Lodging how-to-vote cards
184. Headline to electoral advertisements
185. Misleading voters

Division 3--Offences relating to voting etc.

186. Failure to vote etc.
187. Leave to vote
188. Canvassing etc. in or near polling places
189. Interrupting voting etc.
190. Displaying political statements in certain places
191. Offences relating to ballot papers
192. Failure to post, fax or deliver documents for someone else
193. Secrecy of voting
194. Breaking seals on parcels
195. Duty of witness to signing of declaration voting papers

Division 4--Injunctions

196. Injunctions

Part 11--Election funding and financial disclosure

Division 1--Interpretation

197. Definitions
198. Meaning of disclosure period
199. Meaning of electoral expenditure
200. Meaning of fundraising contribution
201. Meaning of gift
202. References to registered political party
203. Electoral committee to be treated as part of candidate
204. Associated entity to be treated as part of party for particular purposes
205. Related corporations

Division 2--Agents

206. Agents of registered political parties
207. Appointment of agents by candidates
208. Appointment of agents by registered third party
209. Appointment of agents by unregistered third parties
210. Requisites for appointment
211. Register of agents
212. Effect of registration
213. Evidence of appointment
214. Responsibility for action when agent of party dead or appointment vacant
215. Responsibility for action when agent of registered third party dead or appointment vacant
216. Revocation of appointment of agent
217. Notice of death or resignation of agent of candidate or registered third party

Division 3--State campaign accounts

218. Requirement to keep State campaign account
219. Political donations to be paid into State campaign account
220. Payments into State campaign account
221. Obligation to repay amount borrowed

Division 4--Election funding
Subdivision 1--Preliminary

222. Interpretation
Subdivision 2--Entitlement to election funding
223. Entitlement to election funding—registered political parties
224. Entitlement to election funding—candidates
225. Advance payment of election funding
Subdivision 3--Claims for election funding
226. Need for a claim
227. Candidate may give direction about payment of election funding
228. Electoral expenditure incurred
229. Form of claim
230. Lodging of claim
231. Deciding claim
232. Accepting a claim
233. Refusing a claim
234. Application for reconsideration of decision refusing a claim
235. Reconsideration by commission
Subdivision 4--Payments of election funding
236. Making of payments
Subdivision 5--Miscellaneous
237. Death of candidates
238. Varying decisions accepting claims

Division 5--Administrative expenditure funding
Subdivision 1--Preliminary

239. Meaning of administrative expenditure
Subdivision 2--Administrative funding for registered political parties
240. Eligibility of political party for administrative funding
241. Amount of administrative funding for which eligible registered political parties are eligible
Subdivision 3--Administrative funding for independent members
242. Eligibility of independent members for funding for administrative expenditure
243. Amount of administrative funding for which independent members are eligible
244. Application for claim
245. Deciding claim
246. Accepting a claim
247. Refusing a claim
248. Application for reconsideration of decision refusing a claim
249. Reconsideration by commission

Division 6--Political donations

250. Meaning of political donation
251. Meaning of unpaid debt
252. Calculating amount of applicable donation cap
253. Cap on political donations person may make to registered political parties
254. Cap on political donations registered political party may accept
255. Cap on political donations person may make to candidates in elections
256. Cap on political donations candidates may accept
257. Cap on political donations person may make to third parties
258. Cap on political donations third parties may accept
259. Obligation of agent to notify donor of requirements about political donations

Division 7--Disclosure of donations

260. How division applies to gifts that are returned etc. within 6 weeks
261. Disclosure by candidates of political donations and gifts
262. Loans to candidates
263. Disclosure of gifts by third parties that receive political donations or incur expenditure for political purposes
264. Donations to candidates etc.
265. Donations to political parties
266. Special reporting of large gifts

Division 8--Rules about particular gifts and loans
Subdivision 1--Gifts of foreign property

267. Interpretation
268. Subdivision does not apply to gifts that are returned within 6 weeks
269. Deciding whether a gift or transfer is of Australian or foreign property
270. Gifts of foreign property—when unlawful for political party, candidate etc. to receive gift
Subdivision 2--Anonymous gifts
271. Particular gifts not to be received
Subdivision 3--Other gifts and loans
272. Particular loans not to be received

Division 9--Electoral expenditure

273. Definition for div 9
274. Calculating applicable expenditure cap
275. Agent to ensure electoral expenditure paid from State campaign account
276. Cap on electoral expenditure by registered political parties for general elections
277. Cap on electoral expenditure by registered political parties for by-elections
278. Cap on electoral expenditure by candidates
279. Cap on electoral expenditure by registered third parties
280. Cap on electoral expenditure by third parties
281. Penalty for contravening this division

Division 10--Disclosure of electoral expenditure

282. Interpretation
283. Returns of electoral expenditure
284. Returns by broadcasters
285. Returns by publishers
286. Nil returns
287. Two or more elections on the same day

Division 11--Returns by registered political parties and associated entities

288. Interpretation
289. How division applies to gifts that are returned etc. within 6 weeks
290. Returns for reporting periods by registered political parties
291. Amounts received
292. Amounts paid
293. Outstanding amounts
294. Returns for reporting periods by associated entities
295. Returns not to include lists of party membership
296. Regulation

Division 12--Registration of third parties

297. Application for registration
298. Decision about application
299. Approval of application
300. Refusal of application
301. Resubmission of application
302. Obligation to notify commission of change of details
303. Commission's power to confirm details
304. Cancellation of registration at request of third party
305. Variation of entry in register on initiative of commission

Division 13--Miscellaneous

306. Interpretation
307. Offences
308. Recovery of payments
309. Records to be kept
310. Audit certificates
311. Auditor to give notice of contravention
312. Inability to complete returns
313. Extension for giving return
314. Noncompliance with part does not affect election
315. Amendment of claims and returns
316. Publishing of returns
317. Inspection and supply of copies of claims and returns
318. Recovery of unlawful donations
319. Compliance agreements

Division 14--General provisions about authorised officers
Subdivision 1--Appointment

320. Authorised officer under pt 11
321. Appointment and qualifications
322. Appointment conditions and limit on powers
323. When office ends
324. Resignation
Subdivision 2--Identity cards
325. Issue of identity card
326. Production or display of identity card
327. Return of identity card
Subdivision 3--Miscellaneous provisions
328. References to exercise of powers
329. Reference to document includes reference to reproductions from electronic document

Division 15--Entry of places by authorised officers
Subdivision 1--Power to enter

330. General power to enter places
Subdivision 2--Entry by consent
331. Application of sdiv 2
332. Incidental entry to ask for access
333. Matters authorised officer must tell occupier
334. Consent acknowledgement
Subdivision 3--Entry under warrant
335. Application for warrant
336. Issue of warrant
337. Electronic application
338. Additional procedure if electronic application
339. Defect in relation to a warrant
340. Entry procedure

Division 16--General powers of authorised officers after entering places

341. Application of div 16
342. General powers
343. Power to require reasonable help
344. Offence to contravene help requirement

Division 17--Seizure by authorised officers and forfeiture
Subdivision 1--Power to seize

345. Seizing evidence at a place that may be entered without consent or warrant
346. Seizing evidence at a place that may be entered only with consent or warrant
347. Seizure of property subject to security
Subdivision 2--Powers to support seizure
348. Power to secure seized thing
349. Offence to contravene other seizure requirement
350. Offence to interfere
Subdivision 3--Safeguards for seized things
351. Receipt and information notice for seized thing
352. Access to seized thing
353. Return of seized thing
Subdivision 4--Forfeiture
354. Forfeiture by commissioner decision
355. Information notice about forfeiture decision
Subdivision 5--Dealing with property forfeited or transferred to State
356. When thing becomes property of the State
357. How property may be dealt with

Division 18--Other information-obtaining powers of authorised officers

358. Power to require name and address
359. Offence to contravene personal details requirement
360. Power to require production of documents
361. Offence to contravene document production requirement
362. Offence to contravene document certification requirement
363. Power to require information
364. Offence to contravene information requirement

Division 19--Miscellaneous provisions relating to authorised officers
Subdivision 1--Damage

365. Duty to avoid inconvenience and minimise damage
366. Notice of damage
Subdivision 2--Compensation
367. Compensation
Subdivision 3--Other offences relating to authorised officers
368. Giving authorised officer false or misleading information
369. Obstructing authorised officer
370. Impersonating authorised officer
Subdivision 4--Other provisions
371. Evidential immunity for individuals complying with particular requirements
372. Protection from liability for particular persons
373. Confidentiality of information

Division 20--Appeals, evidence and legal proceedings
Subdivision 1--Reviews and appeals

374. Right of appeal
375. Appeal process starts with internal review
376. How to apply for review
377. Stay of operation of decision
378. Review decision
379. Who may appeal
380. Procedure for an appeal to the court
381. Stay of operation of review decision
382. Powers of court on appeal
383. Effect of decision of court on appeal
Subdivision 2--Evidence and legal proceedings
384. Evidentiary provisions
385. Offences under this part are summary
386. Statement of complainant's knowledge

Part 12--Miscellaneous

387. How things are to be given to commission
388. How things are to be signed
389. Approval of forms
390. Review of certain decisions
391. Advertising of office addresses etc.
392. Regulation-making power

Part 13--Transitional provisions

Division 1--Transitional provision for Electoral and Other Acts Amendment Act 2001

393. Transitional provision—petition disputing election

Division 2--Transitional provision for Electoral and Other Acts Amendment Act 2002

394. Registered political party constitution

Division 3--Transitional provisions for Electoral Amendment Act 2008

395. Definitions for div 3
396. Reference to election funding amount for sch, s 294A
397. Continuation of decisions under sch, s 299A
398. Decisions about electoral expenditure paid under the pre-amended Act
399. Donations made or received on or after 1 July 2008 and before the end of a stated period

Division 4--Transitional provision for Justice and Other Legislation Amendment Act 2010

400. Transitional provision for Justice and Other Legislation Amendment Act 2010

Division 5--Transitional provisions for Electoral Reform and Accountability Amendment Act 2011
Subdivision 1--Purposes, definitions and general approach

401. Main purpose of div 5
402. Definitions for div 5
403. Document, action, obligation or protection under previous provision of primary Act
404. Terminology in things mentioned in s 403(1)
405. Period stated in previous provision
406. Period or date stated in document given under previous provision
407. Action happening before commencement may be relevant to proceeding for particular acts or omissions
408. Acts Interpretation Act 1954, s 20 not limited
Subdivision 2--Transitional provisions relating to particular matters
409. Amounts held before the commencement
410. Applicable expenditure cap
411. Existing agents
412. Convictions against previous provision
413. Register of agents
414. Existing authorised officers
415. Amendment to renumber
Endnotes

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