Queensland Consolidated Acts Queensland Consolidated ActsIn this Act—
agent, for part 11, see section 197.
Antarctic elector has the meaning given by the Commonwealth Electoral Act, section 246(1).
applicable expenditure cap, for part 11, see section 197.
appointed commissioner means the chairperson or the nonjudicial appointee.
approved form means a form approved under section 389.
associated entity, for part 11, see section 197.
auditor, for part 11, see section 197.
Australian parliament means the parliament of the Commonwealth or a State or Territory.
authorised officer, for part 11, means a person who holds office under part 11, division 14 as an authorised officer.
average number of enrolled electors for electoral districts has the meaning given by section 3.
broadcast includes televise.
broadcaster means—
(a) the Australian Broadcasting Corporation established under the Australian Broadcasting Corporation Act 1983 (Cwlth); or
(b) the Special Broadcasting Service Corporation established under the Special Broadcasting Service Act 1991 (Cwlth), section 5; or
(c) the holder of a licence under the Broadcasting Services Act 1992 (Cwlth); or
(d) the provider of a broadcasting service under a class licence under the Broadcasting Services Act 1992 (Cwlth).
by-election, for part 11, see section 197.
candidate, in relation to an election—
(a) means a person who has become a candidate under section 93(3); and
(b) for part 11, divisions 2, 3, 4, 6 and 9, includes an elected member or other person who has announced or otherwise indicated an intention to be a candidate in the election.
capped expenditure period, for part 11, see section 197.
chairperson means the chairperson of the commission.
commission means the Electoral Commission of Queensland.
commissioner means a commissioner of the commission.
Commonwealth Electoral Act means the Commonwealth Electoral Act 1918 (Cwlth).
Commonwealth electoral roll means an electoral roll under the Commonwealth Electoral Act.
complying constitution see section 76.
continuing candidate, in relation to a counting of votes, means a candidate who has not been excluded at a previous count of votes.
court, for part 11, means a Magistrates Court.
cut-off day for electoral rolls means—
(a) for an election—the day so described in the writ for the election; and
(b) for a referendum—the day so described in the writ for the referendum.
cut-off day for the nomination of candidates, in relation to an election, means the day so described in the writ for the election.
day for the return of a writ means the day so described in the writ.
declaration envelope means—
(a) a declaration envelope under section 121; or
(b) another envelope on which there is a declaration to be made by an elector for the purposes of this Act.
disclosure period, for part 11, see section 197.
disposition of property, for part 11, see section 197.
disqualifying electoral offence means an offence, of which an offender is convicted after the commencement of the Electoral and Other Acts Amendment Act 2002, section 5—
(a) that relates to—
(i) an election of a member of an Australian parliament; or
(i) an election to the office of chairperson, mayor, president, councillor or member of a local government, or to an equivalent office in another State; or
(iii) a referendum conducted under a law of the State, another State or the Commonwealth; or
(iv) the enrolment of a person on an electoral roll; and
(b) for which the penalty imposed included a sentence of imprisonment, other than a sentence of imprisonment for non-payment of a fine, restitution or other amount.
distribute a how-to-vote card—
(a) includes make the card available to other persons; but
(b) does not include merely display the card.
Examples—
1 A person 'distributes' how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.
2 A person does not 'distribute' how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.
document certification requirement see section 360(6).
document production requirement see section 360(2).
elected member, for part 11, see section 197.
election means an election of a member or members of the Legislative Assembly.
election matter means anything able to, or intended to—
(a) influence an elector in relation to voting at an election; or
(b) affect the result of an election.
election period for an election means the period—
(a) beginning on the day after the writ for the election is issued; and
(b) ending at 6p.m. on the polling day for the election.
elector means a person entitled to vote under this Act.
electoral expenditure, for part 11, see section 199.
electoral matter means a matter relating to elections.
electoral paper means a ballot paper, declaration envelope or other document issued by the commission for the purposes of this Act.
electoral redistribution means a redistribution of the State into electoral districts in accordance with part 3.
electoral visitor voter has the meaning given by section 114(4).
electronic document, for part 11, means a document of a type under the Acts Interpretation Act 1954, section 36, definition document, paragraph (c).
exhausted ballot paper, in relation to a count of votes, means a ballot paper on which there is not recorded a vote for a continuing candidate.
financial controller, for part 11, see section 197.
first preference vote means the number 1 or a tick or cross written in a square opposite the name of a candidate on a ballot paper.
formal ballot paper has the meaning given by section 123(4).
former owner, for part 11, see section 355(1).
fundraising contribution, for part 11, see section 197.
general election means an election for the members of the Legislative Assembly.
general power, for part 11, see section 342(1).
gift, for part 11, see section 197.
help requirement see section 343(1).
how-to-vote card means a card, handbill or pamphlet that—
(a) is or includes—
(i) a representation of a ballot paper or part of a ballot paper; or
(ii) something apparently intended to represent a ballot paper or part of a ballot paper; or
(b) lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of the candidates; or
(c) otherwise directs or encourages the making of preference votes, other than first preference votes, in a particular way.
identity card, for a provision about authorised officers, means an identity card issued under section 325(1).
illegal election practice means any contravention of this Act.
independent candidate, for part 11, see section 197.
independent member, for part 11, see section 197.
informal ballot paper has the meaning given by section 123(5).
information notice, about a decision, for part 11, see section 197.
institution means—
(a) a hospital; or
(b) a convalescent home; or
(c) a nursing home; or
(d) a home for the aged; or
(e) a hostel for the aged or infirm; or
(g) another place that is declared by a regulation to be an institution; or
(h) any part of a place to which paragraphs (a) to (g) apply.
issuing officer means a member of the commission's staff who is responsible for issuing ballot papers or declaration envelopes under this Act or the Referendums Act 1997 to electors at an election or referendum.
journal, for part 11, see section 197.
loan, for part 11, see section 197.
member of a political party means a person who is a member of the political party or a related political party.
mobile polling booth has the meaning given by section 99.
nonjudicial appointee means the commissioner mentioned in section 6(2)(c).
notice, for part 11, means a written notice.
occupier, of a place, for part 11, includes the following—
(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the place—any person who is an owner of the place.
of, a place, for part 11, includes at or on the place.
offence warning, for a direction or requirement by an authorised officer, for part 11, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.
ordinary polling booth has the meaning given by section 99.
ordinary postal voter has the meaning given by section 114(2).
ordinary vote means a vote that is not a declaration vote.
Editor's note—
Part 7, division 5, subdivision 3 is about the meaning and operation of declaration voting.
ordinary voting hours means voting hours in relation to ordinary polling booths.
owner, of a thing that has been seized under part 11, includes a person who would be entitled to possession of the thing had it not been seized.
parliament of a Territory means the legislature of the Territory.
parliamentary committee means—
(a) if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or
(b) if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the Electoral Commission of Queensland—that committee; or
(c) otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.
parliamentary party means a political party of which at least 1 member is a member of an Australian parliament.
payment direction, for part 11, see section 227.
personal details requirement, for part 11, see section 358(5).
person in control, for part 11—
(a) of a vehicle, includes—
(i) the vehicle's driver or rider; and
(ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle's driver or rider or the person in control of the vehicle; or
(b) of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.
place, for part 11, includes the following—
(a) premises;
(b) vacant land;
(c) a place in Queensland waters;
(d) a place held under more than 1 title or by more than 1 owner;
(e) the land or water where a building or structure, or a group of buildings or structures, is situated.
political donation, for part 11, see section 197.
political party means an organisation whose object, or 1 of whose objects, is the promotion of the election to the Legislative Assembly of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part.
polling booth means an ordinary polling booth or a mobile polling booth.
polling day, in relation to an election, means the day so described in the writ for the election.
polling place means—
(a) a polling booth; or
(b) another place where voting takes place.
portfolio area see the Parliament of Queensland Act 2001, schedule.
portfolio committee see the Parliament of Queensland Act 2001, schedule.
postal voter means an elector who is—
(a) an ordinary postal voter; or
(b) a special postal voter.
premises, for part 11, includes—
(a) a building or other structure; and
(b) a part of a building or other structure; and
(c) a caravan or vehicle; and
(d) a cave or tent; and
(e) premises held under more than 1 title or by more than 1 owner.
pre-poll ordinary vote see section 110(2).
pre-poll voting office, for an electoral district, see section 111(1)(a).
preselection ballot—
(a) means the process, or that part of the process, of selecting a candidate to be endorsed by a political party for an election, or an election for a local government, in which a member of the party votes in a ballot in his or her capacity as a member of the party, rather than as a member of a committee (however called) of the party, for the candidate; and
(b) includes matters preparatory to the ballot and the scrutiny and counting of votes in the ballot.
Example—
If the selection of a candidate involves a poll of the party members and the endorsement of the poll result by a party committee, only the poll is a preselection ballot.
publicly available part of an electoral roll means that part of an electoral roll that does not contain—
(a) if section 58(5) applies in relation to a person whose name is on the roll—the address of the person; and
(b) in any case—information of a kind declared by regulation to be restricted information.
public place, for part 11, means—
(a) a place, or part of the place—
(i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under subparagraph (i)—
a beach, a park, a road
(ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or
Examples of a place that may be a public place under subparagraph (ii)—
a saleyard, a showground
(b) a place that is a public place under another Act.
Queensland parliamentary party means a parliamentary party of which at least 1 member is a member of the Legislative Assembly.
reasonably believes, for part 11, means believes on grounds that are reasonable in the circumstances.
reasonably suspects, for part 11, means suspects on grounds that are reasonable in the circumstances.
referendum means a referendum under the Referendums Act 1997.
registered, for part 11, see section 197.
registered industrial organisation, for part 11, see section 197.
registered officer of a registered political party means the person shown in the register of political parties as the party's registered officer, and includes a person nominated under section 74 as deputy of a party's registered officer.
registered political party means a political party that is registered in the register of political parties.
registered third party, for part 11, see section 197.
register of agents, for part 11, see section 197.
register of candidates means the register kept under section 101.
register of political parties means the register kept under section 70.
register of special postal voters means the register kept under section 68.
registrable political party means a political party that—
(a) either—
(i) is a parliamentary party; or
(ii) has at least 500 members who are electors; and
(b) is established on the basis of a written constitution (however described) that sets out the aims of the party.
related political party has the meaning given by section 5.
reporting period, for part 11, see section 197.
scrutineer means a person appointed under section 104.
secretary of a political party means the person who holds the office (however described) whose duties involve responsibility for carrying out the administration, and dealing with the external correspondence, of the party.
senior electoral officer means the electoral commissioner or the deputy electoral commissioner.
special postal voter has the meaning given by section 114(3).
standing rules and orders see the Parliament of Queensland Act 2001, schedule.
third party, for part 11, see section 197.
vehicle, for part 11—
(a) means a vehicle under the Transport Operations (Road Use Management) Act 1995; and
(b) includes a vessel under that Act.
voting compartment means a compartment in a polling place where electors may vote in private.
voting hours of a polling place means the hours during which electors may enter the polling place.