Commonwealth: Commonwealth Electoral Act 1918 (Cth)

Commonwealth Electoral Act 1918 No. 27, 1918 Compilation No. 79 Compilation date: 21 February 2025 Includes amendments: Act No. 16, 2025 This compilation is in 2 volumes Volume 1: sections 1–286 Volume 2: sections 286A–396 Schedules Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Commonwealth Electoral Act 1918 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Repeal 4 Interpretation 4AA Meaning of electoral matter 4A Extraterritorial operation of Act 4B Act to bind Crown 4C Registered officer of political party 4D Application of the Criminal Code Part II—Administration Division 1—Preliminary 5 Interpretation 5A Application of Part in relation to Northern Territory Division 2—The Australian Electoral Commission 6 Establishment of Commission 7 Functions and Powers of Commission 7A Supply of goods and services 7B Fees for goods and services 8 Tenure and terms of office 9 Leave of absence 10 Resignation 11 Disclosure of interests 12 Termination of appointment 13 Acting Chairperson 14 Acting non‑judicial appointee 14A Remuneration 15 Meetings of Commission 16 Delegation by Commission 17 Reports by the Commission 17A Certain particulars not to be included in reports Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States 18 Electoral Commissioner 19 Deputy Electoral Commissioner 20 Australian Electoral Officers for States 21 Terms and conditions of appointment etc. 22 Remuneration 23 Leave of absence 24 Resignation 25 Termination of appointment 26 Acting Electoral Commissioner 27 Acting Deputy Electoral Commissioner 28 Delegation by Electoral Commissioner Division 4—Staff of the Commission 29 Staff 30 Australian Electoral Officer for the Australian Capital Territory 31 Assistant Australian Electoral Officers for States 32 Divisional Returning Officers 33 Assistant Returning Officers 34 Assistant Divisional Returning Officers 35 Employment of additional staff, consultants etc. Division 5—Miscellaneous 36 Candidates not to be officers 37 AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers 38 Offices of Divisional Returning Officers Part III—Representation in the Parliament Division 1AA—Preliminary 38AA Simplified outline of this Part 38A Interpretation Division 1—Choosing of senators for Queensland 39 Senators to be directly chosen by people of State etc. Division 2—Representation of the Territories in the Senate 40 Representation of the Territories in the Senate 41 Powers, privileges and immunities of senator for Territory 42 Term of service of senator for Territory 43 Time of elections of senators for Territories 44 Casual vacancies in places of senators for Territories Division 3—Representation of the States and Territories in the House of Representatives 45 Interpretation 46 Ascertainment of numbers of people of Commonwealth, States and Territories 47 Supply of statistical information by Australian Statistician 48 Determination of number of members of House of Representatives to be chosen in States and Territories 48A Setting aside 2020 determination in relation to the Northern Territory 49 Notification of determination 50 Number of members of House of Representatives to be chosen in States and Territories 51 Choice of member for Territory 53 Powers, privileges and immunities of member for Territory 54 Time of elections of members for Territories 54A Review of this Division Part IV—Electoral Divisions 55 Interpretation 55A Application to Territories with 2 or more members 56 States to be distributed into Electoral Divisions 56AA Inclusion of Territories in Australian Capital Territory Divisions 56A Inclusion of Territories in Northern Territory Divisions 57 One member to be chosen for each Electoral Division 58 Monthly ascertainment of enrolment etc. 59 Times at which redistributions are to commence 60 Redistribution Committee 62 Proceedings at meetings of Redistribution Committee etc. 63 Sub‑committees 63A Projection time for equality of enrolments 64 Suggestions and comments relating to redistribution 65 Redistribution quota 66 Redistribution Committee to make proposed redistribution 67 Reasons for proposed redistribution 67A Outline of proposed redistribution 68 Notice of proposed redistribution 69 Objections against proposed redistribution 70 Augmented Electoral Commission 71 Proceedings at meetings of augmented Electoral Commission etc. 72 Consideration of objections 73 Redistribution of State 74 Reasons for determination made by augmented Electoral Commission 75 Copies of certain documents to be forwarded to Minister 76 Mini‑redistribution 77 Decisions under Part final etc. 78 Improper influence Part V—Subdivisions and polling places 79 Subdivisions 80 Polling places Part VI—Electoral Rolls 81 Electoral Rolls 82 Subdivision Rolls, Division Rolls and State and Territory Rolls 83 Form of Rolls 84 Arrangement with States 85 New Rolls to be prepared upon Proclamation 86 New Rolls on creation of new Divisions etc. 87 Additions etc. to new Rolls 88 Objections and notices to have effect in relation to new Rolls 90 Commission to determine manner and form of access to Rolls etc. 90A Inspection etc. of Rolls 90B Information on Rolls and certified lists of voters to be provided to particular people and organisations 91A Use of information from Roll and habitation index 91B Prohibition of disclosure or commercial use of Roll or habitation index 92 Roll reviews Part VII—Qualifications and disqualifications for enrolment and for voting 93 Persons entitled to enrolment and to vote 93A Power to refuse to include in the Roll inappropriate names 94 Enrolled voters leaving Australia 94A Enrolment from outside Australia 95 Eligibility of spouse, de facto partner or child of eligible overseas elector 96 Itinerant electors 96A Enrolment of prisoners 96B Entitlement of Antarctic electors to vote 97 Application of Part to Australian Capital Territory and Northern Territory Part VIII—Enrolment 98AA Evidence of identity requirements 98 Addition of names to Rolls 98A Refusal to include in the Roll inappropriate names 99 Claims for enrolment or transfer of enrolment 99A Provisional claim for enrolment by applicant for citizenship 99B Provisional enrolment by applicant for citizenship 100 Claims for age 16 enrolment 101 Compulsory enrolment and transfer 102 Action on receipt of claim 103 Penalty on officer neglecting to enrol claimants 103A Updating or transferring a person's enrolment without claim or notice from the person 103B Enrolling unenrolled person without claim or notice from the person 104 Request for address not to be shown on Roll 105 Alteration of Rolls 106 Incorrect enrolment 107 Alterations to be initialled 108 Lists of deaths to be forwarded 109 Lists of persons serving, or ceasing to serve, sentences of imprisonment to be forwarded 110 Electoral Commissioner to act on receipt of information 111 Computer records relating to Roll 112 Application of Part to Australian Capital Territory and Northern Territory Part IX—Objections 113 Interpretation 114 Objection to enrolment 115 Form and manner of objection 116 Notice of objection 118 Determination of objection Part X—Review of decisions 120 Internal review 121 Review by Administrative Review Tribunal 122 Application of Part to Australian Capital Territory and Northern Territory Part XI—Registration of political parties 123 Interpretation 123A Determining whether a non‑Parliamentary party has at least 1,500 members 124 Registration of political parties 125 Register of Political Parties 126 Application for registration 127 Party not to be registered during election 129 Parties with certain names not to be registered 129A Certain party logos not to be entered in the Register 130 Different levels of party may be registered 131 Variation of application 132 Procedure for dealing with application 132A Electoral Commission to give reasons for decisions under this Part 133 Registration 134 Changes to Register 134A Objection to continued use of name or logo 135 Voluntary deregistration 136 Deregistration of party failing to endorse candidates 137 Deregistration of political party on other grounds 138 Deregistration 138A Review of eligibility of parties to remain in the Register 140 Service of documents 141 Review of certain decisions Part XIII—Writs for elections 151 Issue of writs for election of Senators for Territories 152 Forms of writs 153 Writs for election of Senators 154 Writs for election of members of House of Representatives 155 Date for close of Rolls 156 Date of nomination 157 Date of polling 158 Polling to be on a Saturday 159 Date of return of writ 160 General election to be held on same day 161 Application of Part Part XIV—The nominations 162 Candidates must be nominated 163 Qualifications for nomination 164 State and Territory members not entitled to be nominated 165 Multiple nominations prohibited 166 Mode of nomination 167 Nominations 168 Grouping of candidates 169 Notification of party endorsement 169A Notification of independent candidacy 169B Verification of party endorsement 169C Combination of requests and nominations 170 Requisites for nomination 170A Objects and effect of qualification checklist 170B Providing additional documents with nomination 171 Form of consent to act 172 Rejection of nominations and requests 173 Deposit to be forfeited in certain cases 174 Place of nomination 175 Hour of nomination 176 Declaration of nominations 177 Withdrawal of consent to a nomination 178 Return of deposit in case of candidate's death 179 Proceedings on nomination day 180 Death of candidate after nomination 181 Failure of election 181A Publication of qualification checklist etc. on website 181B Delivery of qualification checklist etc. to the Parliament 181C Certain laws do not apply Part XV—Postal voting 182 Interpretation 183 Grounds of application for postal vote 184 Application for postal vote 184A Application for registration as general postal voter 184AA Application forms for postal votes 184B Register of General Postal Voters 185 Registration as general postal voter 185B Review of Registers 185C Cancellation of registration 186 Dispatch of postal voting papers to registered general postal voters 188 Issue of certificate and ballot papers 189 Inspection of applications 189A Access to electronic list of postal vote applicants 189B Restriction on use or disclosure of information 192 Form of postal vote certificate 193 Authorised witnesses 194 Postal voting 195 Duty of authorised witnesses etc. 195A Procedure for dealing with postal vote certificates etc. 196 Opening of postal ballot paper 197 Failure to post or deliver postal vote application etc. 198 Inducing person to hand over marked ballot paper 199 Correction of formal errors 199A Envelopes that have formal errors 200 Mistakes Part XVA—Pre‑poll voting Division 1—Introduction 200AA Guide to this Part Division 2—General matters 200A Grounds of application for pre‑poll vote 200B Pre‑poll voting officers 200BA Pre‑poll voting offices 200C Application for pre‑poll vote 200D Place and time of application 200DA Scrutineers at the pre‑poll voting office 200DB Provisions relating to scrutineers at pre‑poll voting office Division 3—Voting by pre‑poll ordinary vote Subdivision A—Preliminary 200DC Definitions 200DD Where is pre‑poll ordinary voting available? 200DE Separate voting compartments 200DF Ballot‑boxes Subdivision B—Voting by pre‑poll ordinary vote 200DG When is a person entitled to vote by pre‑poll ordinary vote? 200DI Questions to be put to voter 200DJ Right of voter to receive ballot paper 200DK Voter to mark vote on ballot paper 200DL Assistance to certain voters 200DM Voter not entitled to vote again etc. Subdivision C—Requirements relating to ballot‑boxes 200DN Subdivision sets out requirements to be complied with 200DO Requirements to be complied with before first use of ballot‑box 200DP Requirements to be complied with at end of each day of use of ballot‑box 200DQ Requirements to be complied with before ballot‑box used again on later day 200DR Forwarding of ballot‑boxes for purposes of scrutiny Division 4—Voting by pre‑poll declaration vote 200DS Persons to whom this Division applies 200E Pre‑poll declaration voting 200F Form of pre‑poll vote certificate for declaration voting 200G Record of issue of pre‑poll voting papers 200J Opening of pre‑poll voting envelope 200K Obligations of persons present when pre‑poll vote cast 201 Correction of formal errors 202 Mistakes Part XVB—Electronically assisted voting 202AA Definitions 202AB Providing for voting by an electronically assisted voting method 202AC There must be a record of who has voted using the electronically assisted voting method 202AD There must be a record of the vote 202AE How this Act applies in relation to voting using the electronically assisted voting method 202AF Electoral Commissioner may decide that electronically assisted voting method is not to be used by sight‑impaired persons Part XVC—Designated electors 202AG Simplified outline of this Part 202AH Electoral Commissioner may declare designated electors 202AJ Review by Electoral Commissioner 202AK Review by Administrative Review Tribunal 202AL Voting by designated electors at elections Part XVI—The polling 202A Undertaking by officers and scrutineers 203 Arrangements for polling 204 Substitute 205 Use of licensed premises as polling booth 206 Separate voting compartments 207 Ballot‑boxes 208 Certified lists of voters 208A Approved list of voters 209 Ballot papers 209A Official mark 209B Administrative markings 210 Printing of Senate ballot papers 210A Form of party name on ballot papers 212 Ballot papers for House of Representatives elections 213 Determination of order of names 214 Printing of political party names etc. on ballot papers 214A Printing of party logos on ballot papers 215 Ballot papers to be initialled 217 Scrutineers at the polling 218 Provisions relating to scrutineers 219 Participation by candidates in conduct of election 220 The polling 221 Elections at which electors entitled to vote 222 Where electors may vote 223 Interpretation 224 Hospitals that are polling places 226 Provisions related to section 224 227 Mobile booths 228 Forwarding of declaration votes 229 Questions to be put to voter 230 Errors not to forfeit vote 231 Right of elector to receive ballot paper 232 Voters to be recorded 233 Vote to be marked in private 234 Assistance to certain voters 234A Certain voters may vote outside polling place 235 Provisional votes 238 Spoilt ballot papers 238A Discarded ballot papers 238B Ballot‑boxes opened before close of poll 239 Marking of votes in Senate election 240 Marking of votes in House of Representatives election 240A Temporary suspension of polling 241 Adjournment of polling 242 Adjournment in other cases 243 Voting at adjourned polling 244 Arrangement where elections held in some Divisions only 245 Compulsory voting Part XVIII—The scrutiny 263 Scrutiny 264 Scrutineers at scrutiny 265 Scrutiny, how conducted 266 Preliminary scrutiny of declaration votes 267 Action on objections to ballot papers 268 Informal ballot papers 268A Formal votes below the line 269 Formal votes above the line 271 Officers not to mark ballot papers so that voter can be identified 272 Treatment of Senate ballot papers of voters who have voted above the line 273 Scrutiny of votes in Senate elections 273A Computerised scrutiny of votes in Senate election 273AA Assurance of security of computer systems for scrutiny of votes in Senate election 273AB Assurance of accuracy of counting software for scrutiny of votes in Senate election 273AC Ballot paper sampling assurance throughout computerised scrutiny of votes in Senate election 273B Combination of manual and computer scrutiny permitted 274 Scrutiny of votes in House of Representatives elections 275 Scrutiny prior to receipt of declaration ballot papers 276 Provisional scrutiny 277 Scrutiny for information 278 Re‑count at Senate elections 279 Re‑count at House of Representatives elections 279A Notice of re‑count 279B Conduct of re‑count 280 Powers of officer conducting re‑count 281 Reservation of disputed ballot papers 282 Re‑count of Senate votes to determine order of election in other circumstances Part XIX—The return of the writs 283 Return of writ for election of Senators 283A Publication of Senate election data 284 Declaration of poll and return of writs for House of Representatives 285 Correction of errors 286 Extension of time An Act to Consolidate and Amend the Law relating to Parliamentary Elections and for other purposes Part I—Preliminary 1 Short title This Act may be cited as the Commonwealth Electoral Act 1918. 2 Commencement The several Parts and sections of this Act shall commence on such dates as are respectively fixed by proclamation. 3 Repeal (1) The several Parts and sections of the following Acts, namely: the Commonwealth Electoral Act 1902, the Commonwealth Electoral Act 1905, the Commonwealth Electoral Act 1906, the Disputed Elections and Qualifications Act 1907, the Commonwealth Electoral Act 1909, the Commonwealth Electoral Act 1911, the Commonwealth Franchise Act 1902, and the Electoral Divisions Act 1903, are repealed as from such dates as are respectively fixed by proclamation. (2) All appointments, divisions, subdivisions, polling places, electoral rolls, regulations, notices, proceedings, and all other matters and things duly appointed, made, commenced, or done under the Acts hereby repealed and in force, current, operative, or pending at the commencement of this Act shall, subject to this Act, be of the same force or effect in all respects as if this Act had been in force when they were so appointed, made, commenced, or done, and they had been respectively appointed, made, commenced, or done hereunder. 4 Interpretation (1) In this Act unless the contrary intention appears: abbreviation of the name of a political party means a shortened version, or an acronym, of the party's name and does not include an alternative name of the party. above the line: a square is printed above the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(ii). AFP officer or staff member means: (a) a member or special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979; or (b) a special protective service officer, within the meaning of that Act; or (c) an AFP employee, within the meaning of that Act; or (d) a person assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act. answers: a person answers a mandatory question in the qualification checklist if the person marks one (and only one) box that is: (a) directly under the question; and (b) adjacent to the word "Yes" or "No", or (if applicable) "Unknown" or "N/A". Antarctica means the Australian Antarctic Territory and includes: (a) the Territory of Heard Island and McDonald Islands; and (b) Macquarie Island. Antarctic elector means an elector who is, in the course of the elector's employment: (a) in Antarctica; or (b) on a ship at sea in transit to or from Antarctica. approved form means: (a) a form that: (i) is approved by the Electoral Commissioner in writing; and (ii) has been published by the Electoral Commissioner; or (b) a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described). Note 1: An approved form under paragraph (a) might be published by the Electoral Commissioner on the Electoral Commission's website. Note 2: An example of an approved form under paragraph (b) is giving a notice by using a specified web portal. approved list of voters for a Division means a list in electronic form that: (a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and (b) is approved by the Electoral Commissioner for use in connection with voting under this Act. Australia includes: (a) Norfolk Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) the Territory of Christmas Island. Australian Capital Territory includes (except in Part III) Norfolk Island and the Jervis Bay Territory. Note: For the definition of Australian Capital Territory in Part III, see section 38A. Australian passport means a passport issued under the Australian Passports Act 2005. below the line: a square is printed below the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(i). bulk nomination has the meaning given by subsection 167(3). capital city office of the Electoral Commission has the meaning given by subsection 90A(3). carriage service provider has the meaning given by section 87 of the Telecommunications Act 1997. Census means a Census of the population taken under section 8 of the Census and Statistics Act 1905. certified list of voters, in respect of a Division, means a list prepared and certified under subsection 208(1). child of a person includes: (a) an ex‑nuptial child of the person; and (b) a child adopted by the person; and (c) a child of the person within the meaning of the Family Law Act 1975. civil penalty order has the meaning given by subsection 82(4) of the Regulatory Powers Act. civil penalty provision has the meaning given by the Regulatory Powers Act. compartment means: (a) in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 206; and (b) in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 200DE. Note: For the places at which pre‑poll ordinary voting is available, see section 200DD. Controller‑General of Prisons: (a) of a State, the Australian Capital Territory (not including a non‑self‑governing Territory) or the Northern Territory (not including a non‑self‑governing Territory)—means the principal officer (however described) having control of the prisons and gaols of the State or Territory; and (b) of a non‑self‑governing Territory—means the principal officer (however described) having control of the prisons and gaols of the non‑self‑governing Territory. courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner. declaration time has the meaning given by subsection 175(2). declaration vote means: (a) a postal vote; (b) a pre‑poll declaration vote; (c) an absent vote; or (d) a provisional vote. de facto partner of a person has the meaning given by the Acts Interpretation Act 1901. defence civilian has the same meaning as in the Defence Force Discipline Act 1982. defence member has the same meaning as in the Defence Force Discipline Act 1982. Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19. designated elector: see subsection 202AH(1). dividing line means the line on a ballot paper that separates the voting method described in subsection 239(1) from the voting method described in subsection 239(2). Division means an Electoral Division for the election of a member of the House of Representatives. DRO means Divisional Returning Officer. election and ballot matters means matters relating to Parliamentary elections, elections, ballots under the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009, and referendums. Elector means any person whose name appears on a Roll as an elector. Electoral Commission means the Australian Electoral Commission established by section 6. Electoral Commissioner means the Electoral Commissioner referred to in section 18. electoral matter has the meaning given by section 4AA. Eligible overseas elector means an elector who is entitled under section 94 or 95 to be treated as an eligible overseas elector. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. foreign campaigner means a person or entity referred to in a paragraph of section 287AA. Note: A person or entity referred to in a paragraph of section 287AA is also a foreign donor for the purposes of Part XX. General election means a general election of the members of the House of Representatives. Hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home. House of Representatives election means an election of a member of the House of Representatives. how‑to‑vote card means a card, handbill or pamphlet: (a) that: (i) is, or includes, a representation of a ballot paper or part of a ballot paper for an election (or something apparently intended to represent a ballot paper or part of a ballot paper for an election); and (ii) is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or (b) that lists the names of 2 or more of the candidates or registered political parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or (c) that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet: (i) that only relates to first preference votes; or (ii) that only relates to last preference votes. Immigration Department means the Department administered by the Minister who administers the Migration Act 1958. Issuing point, in relation to a polling booth, means a place within the polling booth at which ballot papers are issued to persons voting at the booth. Itinerant elector means an elector who is entitled under section 96 to be treated as an itinerant elector. Justice of the Peace means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State. listed carriage service has the meaning given by section 16 of the Telecommunications Act 1997. mandatory question in the qualification checklist means a question to which the answer is "Yes" or "No", or (if applicable) "Unknown" or "N/A". next of kin has a meaning affected by subsection (11). non‑self‑governing Territory means Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands. Northern Territory includes (except in Part III) the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island. Note: For the definition of Northern Territory in Part III, see section 38A. nursing home means an institution (other than a hospital) in which infirm, ill or disabled persons needing continuing nursing care are provided with accommodation and nursing care. officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre‑poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 28. Organization includes: (a) a body corporate; (b) an association or other body of persons; (c) an association that consists of 2 or more organizations within the meaning of the preceding paragraphs; and (d) a part of an organization within the meaning of a preceding paragraph. Part, in relation to an organization, includes: (a) a branch or division of the organization; and (b) a part of a part of the organization. police officer means a member of the Australian Federal Police or of the police force of a State or Territory. political entity means any of the following: (a) a registered political party; (b) a State branch (within the meaning of Part XX) of a registered political party; (c) a candidate (within the meaning of that Part) in an election (including a by‑election); (d) a member of a group (within the meaning of that Part). Note: For candidates and groups, see subsection 287(9). Political party means an organization the object or activity, or one of the objects or activities, of which is the promotion of the election to the Senate or to the House of Representatives of a candidate or candidates endorsed by it. Polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, in pursuance of paragraph 203(1)(a), for the purpose of taking votes during polling. polling official means a deputy presiding officer or an assistant presiding officer. Polling place means a place appointed as a polling place in pursuance of section 80. pre‑poll declaration vote: see subsection 200AA(2). pre‑poll ordinary vote: see subsection 200AA(2). pre‑poll voting office for an election means a place declared by the Electoral Commissioner under subsection 200BA(1) to be a pre‑poll voting office for the election. pre‑poll voting officer means: (a) an Assistant Divisional Returning Officer; or (b) an officer appointed under section 200B. prescribed authority means: (a) the Agency Head of an Agency (within the meaning of the Public Service Act 1999) that is specified in regulations made for the purposes of this definition; or (b) the chief executive officer of an authority of the Commonwealth that is specified in regulations made for the purposes of this definition. provisionally enrolled has the meaning given by subsection (1B). provisional vote means a vote cast under section 235. qualification checklist means the checklist in Form DB of Schedule 1. real place of living includes the place of living to which a person, when temporarily living elsewhere, has a fixed intention of returning for the purpose of continuing to live at that place. Registered medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners. Registered political party means a political party that is registered under Part XI. Register of Political Parties means the Register of Political Parties established under section 125. Registrar‑General: (a) of a State, the Australian Capital Territory (not including a non‑self‑governing Territory) or the Northern Territory (not including a non‑self‑governing Territory)—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the State or Territory; and (b) of a non‑self‑governing Territory—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the non‑self‑governing Territory. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. Returning Officer includes Divisional Returning Officer, Assistant Returning Officer and Assistant Divisional Returning Officer. Roll means an Electoral Roll under this Act. Senate election means an election of Senators for a State or Territory. sentence of imprisonment has the meaning given subsection (1A). Subdivision means a subdivision of a Division. substitute presiding officer means a person holding an appointment under section 204. Territory means (except in Part III) the Australian Capital Territory or the Northern Territory. Note: For the definition of Territory in Part III, see section 38A. video recording includes a video recording that is recorded on means other than a videotape. (1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if: (a) the person is in detention on a full‑time basis for an offence against a law of the Commonwealth or a State or Territory; and (b) that detention is attributable to the sentence of imprisonment concerned. (1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B. (2) For the purposes of this Act, an organization shall be taken to endorse a candidate in an election if a part of the organization, or an organization of which the first‑mentioned organization is a part, endorses the candidate in that election. (3) A reference in this Act to age 16 enrolment shall be read as a reference to enrolment in pursuance of section 100. (4) Where a Division is not divided into Subdivisions, a reference in this Act to a Subdivision shall, in relation to that Division, be read as a reference to that Division. (5) In this Act, unless the contrary intention appears: (a) a reference to a Division shall be read as including a reference to a Territory to which section 55A does not apply; and (b) a reference to a Subdivision shall be read as including a reference to a District of that Territory specified in a notice published under subsection 79(1). (6) This Act extends to: (a) Norfolk Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) the Territory of Christmas Island. (7) In relation to a Senate election, a provision of this Act that: (a) provides for the giving of a document to; or (b) confers a power or function on; the Australian Electoral Officer shall be taken to refer to the Australian Electoral Officer for the State or Territory in which the election is to be conducted. (7A) Unless the contrary intention appears, a reference in this Act to an election or poll in, for or in relation to, a Division or Subdivision, includes a reference to a Senate election, or a poll for a Senate election, for the State or Territory that includes the Division or Subdivision. (8) In relation to an election of a member of the House of Representatives for a Division, a provision of this Act that: (a) provides for the giving of a document to; or (b) confers a power or function on; the Divisional Returning Officer shall be taken to refer to the Divisional Returning Officer for that Division. (10) In this Act, a reference to the principal office of the Electoral Commission in a place is a reference to the office for the time being declared by the Electoral Commissioner, by notice published in the Gazette, to be the principal office of the Commission in that place. (11) In determining whether a person is next of kin of another person, the following persons are also to be taken into account: (a) a de facto partner of the person; (b) a child of the person, or someone of whom the person is a child, because of the definition of child in this section; (c) anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account. (12) In this Act: (a) a reference to a postal vote certificate printed on an envelope is taken to include a reference to a postal vote certificate that is placed inside an envelope; and (b) a reference to an envelope on which a postal vote certificate is printed is taken to include a reference to an envelope that has a postal vote certificate placed inside. 4AA Meaning of electoral matter (1) Electoral matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote in an election (a federal election) of a member of the House of Representatives or of Senators for a State or Territory, including by promoting or opposing: (a) a political entity, to the extent that the matter relates to a federal election; or (b) a member of the House of Representatives or a Senator. Note: Communications whose dominant purpose is to educate their audience on a public policy issue, or to raise awareness of, or encourage debate on, a public policy issue, are not for the dominant purpose of influencing the way electors vote in an election (as there can be only one dominant purpose for any given communication). (2) For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is electoral matter. Note: For example, matter that is covered by an exception under subsection (5) when originally communicated may become electoral matter if recommunicated for the dominant purpose referred to in subsection (1). Rebuttable presumption for matter that expressly promotes or opposes political entities etc. (3) Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes: (a) a political entity, to the extent that the matter relates to a federal election; or (b) a member of the House of Representatives or a Senator, to the extent that the matter relates to a federal election; is presumed to be the purpose referred to in subsection (1), unless the contrary is proved. Matters to be taken into account (4) Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter: (a) whether the communication or intended communication is or would be to the public or a section of the public; (b) whether the communication or intended communication is or would be by a political entity or significant third party (within the meaning of Part XX); (c) whether the matter contains an express or implicit comment on a political entity, a member of the House of Representatives or a Senator; (d) whether the communication or intended communication is or would be received by electors near a polling place; (e) how soon a federal election is to be held after the creation or communication of the matter; (f) whether the communication or intended communication is or would be unsolicited. Exceptions (5) Despite subsections (1) and (3), matter is not electoral matter if the communication or intended communication of the matter: (a) forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or (b) is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or (c) is or would be a private communication by a person to another person who is known to the first person; or (d) is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code) in that person's capacity as such an official; or (e) is or would be a private communication to a political entity (who is not a Commonwealth public official) in relation to public policy or public administration; or (f) occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). 4A Extraterritorial operation of Act This Act extends to officers outside Australia. 4B Act to bind Crown This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence. 4C Registered officer of political party (1) Subject to subsection (2), a reference in this Act to the registered officer of a registered political party is a reference to the person shown in the Register of Political Parties as the registered officer of the party. Note: A person must not be the registered officer or a deputy registered officer of more than one registered political party at a particular time (see subsection 126(2B)). (2) A reference in Part XIV or XVI to the registered officer of a registered political party includes a reference to a person for the time being nominated by the registered officer of a party as a deputy registered officer of the party for the purposes of this Act. (3) A nomination under subsection (2): (a) must be in writing, signed by the registered officer and lodged with the Commission; and (b) must specify the name and address of the person nominated and bear the signature of that person; and (ba) must include a signed declaration by the person nominated that subsection 126(2B) is not contravened by lodging the nomination of the person as the deputy registered officer; and (c) may be revoked at any time by the registered officer by written notice lodged with the Commission. (4) A nomination of a person as a deputy registered officer under subsection (2) is invalid if subsection 126(2B) is contravened by lodging the nomination of the person as the deputy registered officer. 4D Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Administration Division 1—Preliminary 5 Interpretation In this Part: acting Commissioner includes a person acting as the Electoral Commissioner. appointed Commissioner means the Chairperson or the non‑judicial appointee. Chairperson means the Chairperson of the Commission. Commission means the Commission established by section 6. Commissioner means a member of the Commission, and includes the Chairperson. electoral officer means the Electoral Commissioner, the Deputy Electoral Commissioner or an Australian Electoral Officer for a State. eligible Judge means: (a) a Judge, other than the Chief Justice, of the Federal Court of Australia who has been a Judge of that Court for a period of at least 3 years; or (b) a former Judge of that Court who was such a Judge for a period of at least 3 years. non‑judicial appointee means the Commissioner referred to in paragraph 6(2)(c). Parliamentary matters includes matters relating to the role and functions of the Parliament. 5A Application of Part in relation to Northern Territory This Part has effect as if a reference to a State included a reference to the Northern Territory. Division 2—The Australian Electoral Commission 6 Establishment of Commission (1) There is established by this section a Commission by the name of the Australian Electoral Commission. (2) The Commission shall consist of: (a) a Chairperson; (b) the Electoral Commissioner; and (c) one other member. (2A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Commission is a listed entity; and (b) the Electoral Commissioner is the accountable authority of the Commission; and (c) the following persons are officials of the Commission: (i) the Electoral Commissioner; (ii) the Deputy Electoral Commissioner; (iii) the Australian Electoral Officer for a State or Territory; (iv) the staff of the Commission referred to in section 29; and (d) the purposes of the Commission include: (i) the functions of the Commission referred to in section 7; and (ii) the functions of the Electoral Commissioner referred to in subsection 18(2). (3) The Chairperson and the non‑judicial appointee shall be appointed by the Governor‑General and shall hold office on a part‑time basis. (4) The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor‑General for the purposes of this section by the Chief Justice of the Federal Court of Australia. (5) A person shall not be appointed as the non‑judicial appointee unless the person is the holder of: (a) an office of Agency Head (within the meaning of the Public Service Act 1999); or (b) an office established by or under an Act and having, in the opinion of the Governor‑General, a status equivalent to that of an office referred to in paragraph (a). (6) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of there being one vacancy in the membership of the Commission. 7 Functions and Powers of Commission (1) The functions of the Commission are: (a) to perform functions that are permitted or required to be performed by or under this Act, not being functions that: (i) a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; or (ii) consist of the appointment of a person to an office; and (b) to consider, and report to the Minister on, election and ballot matters referred to it by the Minister and such other election and ballot matters as it thinks fit; and (c) to promote public awareness of election and ballot matters, and Parliamentary matters, by means of the conduct of education and information programs and by other means; and (d) to provide information and advice on election and ballot matters to the Parliament, the Government, Departments and authorities of the Commonwealth; and (e) to conduct and promote research into election and ballot matters and other matters that relate to its functions; and (f) to publish material on matters that relate to its functions; and (fa) to provide, in cases approved by the Foreign Affairs Minister, assistance in matters relating to elections and referendums (including the secondment of personnel and the supply or loan of materiel) to authorities of foreign countries or to foreign organisations; and (g) to perform such other functions as are conferred on it by or under any law of the Commonwealth. (2) The Commission may perform any of the functions referred to in paragraphs (1)(b) to (f) (inclusive) in conjunction with the electoral authorities of a State, of the Australian Capital Territory or of the Northern Territory. (3) The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions. 7A Supply of goods and services (1) Subject to this section, the Commission may make arrangements for the supply of goods or services to any person or body. The arrangements that may be made by the Commission include an arrangement under which an authorised person enters into an agreement, on behalf of the Commonwealth, for the supply of goods or services to a person or body. For this purpose, authorised person means a person who is authorised in writing by the Commission to enter into agreements under this subsection. (1A) The arrangements the Commission may make under subsection (1) may cover the same matters that may be covered by a section 84 arrangement. (1B) An arrangement under subsection (1) may supplement a section 84 arrangement. (1C) The use by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken to be authorised by this Act. Note: The effect of this subsection includes (but is not limited to) an authorisation for the purposes of paragraph 6.2(b) of Australian Privacy Principle 6. (1D) To avoid doubt, the disclosure by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken: (a) to be authorised by this Act; and (b) not to contravene any provision of this Act. Note: The effect of paragraph (a) includes (but is not limited to) an authorisation for the purposes of paragraph 6.2(b) of Australian Privacy Principle 6. (1E) A law of a State or Territory has no effect to the extent to which the law in any way prohibits a person or body from, or penalises or discriminates against a person or body for: (a) entering into, or proposing to enter into, an arrangement under subsection (1); or (b) taking part in or assisting with, or proposing to take part in or assist with, the conduct of an activity (such as a plebiscite) to which an arrangement under subsection (1) relates. (1F) If the operation of subsection (1E) would, but for this subsection, exceed the legislative powers of the Commonwealth, it is the intention of the Parliament that it operate to the extent that the law of the State or Territory would be inconsistent with Article 19, or paragraph (a) of Article 25, of the International Covenant on Civil and Political Rights. Note: Articles 19 and 25 of the International Covenant on Civil and Political Rights are set out in Schedule 2 to the Australian Human Rights Commission Act 1986. (1G) Subsection (1F) does not limit the operation of section 15A of the Acts Interpretation Act 1901. (2) The Commission may make arrangements for the supply of goods or services only to the extent that it can do so by using: (a) information or materiel in its possession or in the possession of its officers or members of its staff, either under this Act or any other law; or (b) expertise that it has acquired or that has been acquired by its officers or members of its staff, either under this Act or any other law. 7B Fees for goods and services Unless otherwise provided by or under this Act or another Act, reasonable fees may be charged for goods or services supplied under section 7A. 8 Tenure and terms of office (1) Subject to this Division, an appointed Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re‑appointment. (3) Where: (a) at any time, a person who is the non‑judicial appointee holds an office of a kind referred to in paragraph 6(5)(a); (b) the person ceases to be the holder of that office; and (c) the person does not, immediately upon ceasing to hold that office, commence to hold another such office; the person shall cease to be a Commissioner. (4) Where: (a) a person who was appointed as the non‑judicial appointee by virtue of holding an office referred to in paragraph 6(5)(b) ceases to hold that office; and (b) the person does not, immediately upon ceasing to hold that office, commence to hold an office of a kind referred to in paragraph 6(5)(a); the person shall cease to be a Commissioner. (5) An appointed Commissioner holds office on such terms and conditions not provided for by this Act as are determined by the Governor‑General. 9 Leave of absence The Commission may grant the non‑judicial appointee leave of absence from a meeting of the Commission. 10 Resignation An appointed Commissioner may resign by delivering to the Governor‑General a signed notice of resignation. 11 Disclosure of interests (1) A Commissioner or an acting Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Commission. (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission and the Commissioner or acting Commissioner shall not, unless the Minister otherwise determines: (a) be present during any deliberation of the Commission with respect to that matter; or (b) take part in any decision of the Commission with respect to that matter. (3) This section applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests). 12 Termination of appointment If the non‑judicial appointee: (a) is absent, except on leave granted by the Commission in accordance with section 9, from 3 consecutive meetings of the Commission; or (b) fails, without reasonable excuse, to comply with his or her obligations under section 11; the Governor‑General shall terminate the appointment of the non‑judicial appointee. 13 Acting Chairperson The Governor‑General may appoint a person to act as Chairperson: (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. 14 Acting non‑judicial appointee The Governor‑General may appoint a person to act as the non‑judicial appointee: (a) during a vacancy in the office of the non‑judicial appointee, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the non‑judicial appointee is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. 14A Remuneration (1A) This section applies to: (a) a person who is acting as Chairperson or as the non‑judicial appointee; or (b) the Chairperson, if he or she is a former Judge of the Federal Court of Australia. (1) A person to whom this section applies is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the person shall be paid such remuneration as is prescribed. (2) The person shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 15 Meetings of Commission (1) The Chairperson may, at any time, convene a meeting of the Commission. (2) The Chairperson shall convene such meetings of the Commission as, in his or her opinion, are necessary for the efficient performance of its functions. (3) At a meeting of the Commission, 2 Commissioners constitute a quorum. (4) The Chairperson shall preside at all meetings of the Commission at which he or she is present. (5) If the Chairperson is not present at a meeting of the Commission, the Commissioners present shall elect one of their number to preside at that meeting. (6) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting. (7) The person presiding at a meeting of the Commission has a deliberative vote, and, in the event of an equality of votes, also has a casting vote. (8) If, at any meeting of the Commission at which 2 Commissioners only are present, not being a meeting from which a Commissioner is absent by reason of section 11, the Commissioners differ in opinion on any matter, the determination of that matter shall be postponed to a full meeting of the Commission. (9) The Commission may regulate the conduct of proceedings at its meetings as it thinks fit. (10) In this section: (a) a reference to the Chairperson shall, if a person is acting as Chairperson, be construed as a reference to the person so acting; and (b) a reference to a Commissioner shall, if a person is acting as the Chairperson, the non‑judicial appointee or the Electoral Commissioner, be construed as including a reference to the person so acting. 16 Delegation by Commission (1) The Commission may by resolution delegate to an appointed Commissioner, an electoral officer or a member of the staff of the Commission all or any of its powers under: (a) this Act, other than its powers under Part IV; or (b) any other law. (2) A certificate signed by the Chairperson stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter. (3) A document purporting to be a certificate under subsection (2) shall, unless the contrary is established, be taken to be such a certificate. 17 Reports by the Commission (1A) A report prepared by the Electoral Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars for the period of: (a) each person or organisation to whom the Commission has provided a copy of a Roll under subsection 90B(1); and (b) each person or organisation to whom the Commission has given a copy of a Roll, or an extract of a Roll, under subsection 90B(4). (2) The Commission shall, as soon as practicable after the polling day in: (a) a general election and any Senate election that had the same polling day as that general election; or (b) a Senate election (other than a Senate election referred to in paragraph (a)); prepare and furnish to the Minister a report of the operation of Part XX in relation to that election or those elections. (2A) A report under subsection (2) in relation to an election must include a list of the names of all persons who, in the opinion of the Commission, are or may be required to furnish a return under subsection 305A(1) or (1A) in relation to that election. (2B) The Commission may prepare and furnish to the Minister, otherwise than under subsection (2), such reports on the operation of Part XX as the Commission thinks appropriate. (2C) Subject to section 17A, the Commission must include in any report referred to in this section particulars of the operation of section 314AN since the preparation of the last report referred to in this section that included particulars of the operation of that section. (3) Section 34C of the Acts Interpretation Act 1901 does not apply in relation to a report under subsection (2). (4) The Minister shall cause a copy of a report furnished under subsection (2) or (2B) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report. (5) A report referred to in this section need not include particulars of a matter if those particulars have been included in an earlier report referred to in this section. 17A Certain particulars not to be included in reports (1) If: (a) a notice is given to a prescribed person, or an officer of a prescribed person, under subsection 314AN(2); and (b) information is given, or documents or things are produced, in compliance with that notice; a report referred to in section 17 must not include particulars of any such information given or contained in such documents or other things, unless, in the opinion of the Electoral Commission, the information relates to a contravention or potential contravention of a civil penalty provision in this Act. (2) In this section: prescribed person means a person whose name is included in a list in a report mentioned in subsection 17(2A). Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States 18 Electoral Commissioner (1) There shall be an Electoral Commissioner. (2) The Electoral Commissioner shall be the chief executive officer of the Commission and shall have such other functions, and such powers, as are conferred upon him or her by or under any law of the Commonwealth. (3) The Electoral Commissioner may give written directions to officers with respect to the performance of their functions, and the exercise of their powers, under this Act. 19 Deputy Electoral Commissioner (1) There shall be a Deputy Electoral Commissioner. (2) The Deputy Electoral Commissioner shall perform such duties as the Electoral Commissioner directs. (3) Subject to subsection (4), the Deputy Electoral Commissioner shall act as the Electoral Commissioner: (a) during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office. Note: For rules that apply to persons acting as the Electoral Commissioner, see section 33A of the Acts Interpretation Act 1901. (4) The Deputy Electoral Commissioner shall not act as the Electoral Commissioner during a vacancy in the office of Electoral Commissioner while a person appointed under section 26 is acting in that office. 20 Australian Electoral Officers for States (1) There shall be an Australian Electoral Officer for each State who shall, subject to the directions of the Electoral Commissioner, be the principal electoral officer in the State. (2) An Australian Electoral Officer for a State shall have such other functions, and such powers, as are conferred on him or her by any law of the Commonwealth or of a Territory. (3) An Australian Electoral Officer for a State may, subject to any directions given by the Electoral Commissioner, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the State. 21 Terms and conditions of appointment etc. (1) An electoral officer shall be appointed by the Governor‑General. (2) Subject to this Act, an electoral officer holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re‑appointment. (4) An electoral officer holds office on such terms and conditions not provided for by this Act as are determined by the Governor‑General. 22 Remuneration (1) An electoral officer shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the officer shall be paid such remuneration as is prescribed. (2) An electoral officer shall be paid such allowances (if any) as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 23 Leave of absence (1) An electoral officer has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Commission may grant an electoral officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines. 24 Resignation An electoral officer may resign by delivering to the Governor‑General a signed notice of resignation. 25 Termination of appointment (1) The Governor‑General may terminate the appointment of an electoral officer by reason of misbehaviour or physical or mental incapacity. (2) If an electoral officer: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) engages in paid employment outside the duties of his