Queensland: Electoral Act 1992 (Qld)

Electoral Act 1992 An Act relating to the parliamentary elections, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Electoral Act 1992. 2 Definitions The dictionary in schedule 1 defines particular words used in this Act. 3 Average number of enrolled electors for electoral districts (1) In this Act— average number of enrolled electors for electoral districts means the number worked out by dividing the total number of enrolled electors for all electoral districts by 93. (2) If the number includes a fraction, the number must be rounded to the nearest whole number (rounding one-half upwards). 4 When electoral redistribution etc. becomes final For the purpose of this Act, any electoral redistribution undertaken under this Act becomes final when all appeals, and proceedings in relation to appeals, that have been instituted under section 57 have been determined and the time for all such appeals and proceedings to be instituted has passed. 5 Related political parties For the purposes of this Act, 2 political parties are related political parties if— (a) 1 is a part of the other; or (b) both are parts of the same political party. Part 2 Administration Division 1 The electoral commission 6 Establishment of Electoral Commission of Queensland etc. (1) A commission called the Electoral Commission of Queensland is established. (2) When the commission is performing its functions under part 3, the commission consists of the following commissioners— (a) the chairperson; (b) the electoral commissioner; (c) 1 other commissioner. (3) When the commission is performing its functions other than its functions under part 3, the commission consists solely of the electoral commissioner. (4) The chairperson and the nonjudicial appointee— (a) are to be appointed by the Governor in Council; and (b) hold office on a part-time basis. (5) The person appointed as chairperson must— (a) be a judge or former judge of a court of the Commonwealth or a State or Territory; and (b) have been a judge for at least 3 years. (6) A person appointed as the nonjudicial appointee must be— (a) the chief executive of a department; or (b) the holder of an office established by or under an Act that the Governor in Council considers to be equivalent to the chief executive of a department. (7) A person may be appointed as the chairperson or nonjudicial appointee only if the Minister has consulted— (a) with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and (b) with the parliamentary committee about— (i) the process of selection for appointment; and (ii) the appointment of the person as the chairperson or nonjudicial appointee. 7 Functions and powers of commission (1) The functions of the commission are to— (a) perform functions that are permitted or required to be performed by or under this Act, other than functions that a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; and (b) conduct a review of the appropriateness of the number of electoral districts whenever the Minister requests it, in writing, to conduct such a review, and report to the Minister the results of the review; and (c) consider, and report to the Minister on— (i) electoral matters referred to it by the Minister; and (ii) such other electoral matters as it considers appropriate; and (d) promote public awareness of electoral matters by conducting education and information programs and in other ways; and (e) implement strategies to encourage persons, particularly those belonging to groups with traditionally low enrolment rates, to enrol as electors; and (f) implement strategies to maintain the integrity of the electoral rolls; and (g) administer, and promote compliance with— (i) part 11; and (ii) the Local Government Electoral Act 2011, part 6; and (h) provide information and advice on electoral matters to the Legislative Assembly, the government, departments and government authorities; and (i) conduct and promote research into electoral matters and other matters that relate to its functions; and (j) publish material on matters that relate to its functions; and (k) perform any other functions that are conferred on it by or under another Act. (2) The commission (the Queensland commission) may perform any of its functions under subsection (1)(d) to (i) in conjunction with the Australian Electoral Commission. (3) The Governor may arrange with the Governor-General for the performance by the Australian Electoral Commission of any functions on behalf of the Queensland commission. (4) The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions. 8 Queensland redistribution commission When performing its functions under part 3, the commission is to be known as the Queensland Redistribution Commission. 9 Tenure and terms of office (1) An appointed commissioner holds office, subject to this division, for such term (not longer than 7 years) as is specified in the commissioner's instrument of appointment. (2) If the nonjudicial appointee was at the time of appointment the chief executive of a department, the person ceases to hold office if the person no longer holds office as chief executive of a department. (3) If the nonjudicial appointee was at the time of appointment the holder of an office mentioned in section 6(6)(b), the person ceases to hold office if the person no longer holds that office and does not hold office as chief executive of a department. (4) An appointed commissioner holds office on such terms, relating to remuneration and other matters not provided for by this Act, as are determined by the Governor in Council. (5) An appointed commissioner is to be appointed under this Act, and not under the Public Sector Act 2022. 10 Leave of absence The commission may grant an appointed commissioner leave of absence from a meeting of the commission. 11 Resignation An appointed commissioner may resign office by signed notice given to the Governor. 12 Disclosure of interests (1) A commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the commission must, as soon as possible after the relevant facts have come to the commissioner's knowledge, disclose the nature of the interest at a meeting of the commission. (2) The disclosure must be recorded in the minutes of the meeting of the commission and the commissioner must not, unless the Minister otherwise determines— (a) be present during any deliberation of the commission in relation to the matter; or (b) take part in any decision of the commission in relation to the matter. 13 Termination of appointment The Governor in Council must terminate the appointment of an appointed commissioner if the appointed commissioner— (a) accepts nomination for election to an Australian parliament; or (b) becomes a member of a political party; or (c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (d) is absent, without the commission's leave and without reasonable excuse, from 3 consecutive meetings of the commission; or (e) contravenes section 12 without reasonable excuse. 14 Acting appointments The Governor in Council may appoint a person to act as an appointed commissioner— (a) during a vacancy in the office; or (b) during any period, or all periods, when the appointed commissioner is absent from duty or from Australia or is, for another reason, unable to perform the functions of the office. 15 Meetings of commission (1) The chairperson may, at any time, convene a meeting of the commission. (2) If the chairperson is absent or otherwise unavailable to perform the chairperson's duties and no one is acting as chairperson, the electoral commissioner may convene a meeting of the commission. (3) The chairperson must convene such meetings of the commission as, in the chairperson's opinion, are necessary for the efficient performance of its functions. (4) At a meeting of the commission, 2 commissioners constitute a quorum. (5) The chairperson must preside at all meetings of the commission at which the chairperson is present. (6) If the chairperson is not present at a meeting of the commission, the commissioners present must choose 1 of them to preside. (7) Questions arising at a meeting of the commission are to be determined by a majority of the votes of the commissioners present and voting. (8) The person presiding at a meeting of the commission has a deliberative vote and, if the votes on a question are equal, also has a casting vote. (9) If, at a meeting of the commission at which only 2 commissioners are present (other than a meeting from which a commissioner is absent because of section 12), the commissioners differ in opinion on any matter, the determination of the matter must be postponed to a meeting of the commission at which all commissioners are present. (10) The commission may regulate the conduct of proceedings at its meetings as it considers appropriate. (11) This section applies to the commission only when it is performing its functions under part 3. 16 Estimates (1) The commission must give the Minister a statement in relation to each financial year setting out— (a) estimates of the commission's receipts and expenditure for the financial year; and (b) the purpose of the expenditure; and (c) the commission's receipts and expenditure for the previous financial year; and (d) if the commission has previously given the Minister a statement under this section in relation to the previous financial year—the estimates of receipts and expenditure set out in the statement. (2) The commission must comply with any request by the Minister relating to the time when the statement is to be given to the Minister. 17 Delegation by commission (1) The commission may, by resolution, delegate to a commissioner, a senior electoral officer or a member of the commission's staff its powers under part 3 (other than under sections 44 to 46 or section 50). (2) A certificate signed by the chairperson stating any matter with respect to a delegation of a power under subsection (1) is prima facie evidence of the matter. (3) The commission must not delegate its power under section 235(1). (4) The electoral commissioner may delegate to the deputy electoral commissioner or a member of the commission's staff the commission's powers under this Act (other than under part 3 or section 235(1). (5) A certificate signed by the electoral commissioner, stating any matter with respect to a delegation of power under subsection (4) is prima facie evidence of the matter. (6) A document purporting to be a certificate under subsection (2) or (5) is taken to be such a certificate unless the contrary is established. 18 Reports by commission (1) As soon as practicable after, but not more than 4 months after, the end of each financial year, the commission must give to the Minister a report of the commission's operations during that year. (2) The commission must, as soon as practicable after the return of the writ for an election, give to the Minister a report on the operation of part 7 in relation to the election. (3) The Minister must cause a copy of each report given to the Minister (whether under this section or otherwise) to be laid before the Legislative Assembly within 3 sitting days after the Minister receives the report. 19 Electoral officer accountable officer For the Financial Accountability Act 2009, the electoral commissioner is the accountable officer of the commission. Division 2 Electoral commissioner and deputy electoral commissioner 20 Electoral commissioner There is to be an electoral commissioner. 21 Deputy electoral commissioner (1) There may be a deputy electoral commissioner. (2) Subject to any directions by the commission, the deputy electoral commissioner is to perform such duties as the electoral commissioner directs. (3) The deputy electoral commissioner is to act as the electoral commissioner— (a) during vacancies in the office of the electoral commissioner; or (b) during periods when the electoral commissioner is absent from duty or Australia or is, for another reason, unable to perform the functions of the office. (4) While the deputy electoral commissioner is acting as electoral commissioner— (a) the deputy electoral commissioner has all the powers and functions of the electoral commissioner; and (b) this Act and other Acts apply to the deputy electoral commissioner as if the deputy electoral commissioner were the electoral commissioner. (5) Anything done by or in relation to the deputy electoral commissioner while the deputy electoral commissioner is purporting to act as electoral commissioner is not invalid merely because the occasion for the deputy electoral commissioner to act had not arisen or had ceased. 22 Terms and conditions of appointment etc. (1) A senior electoral officer is to be appointed by the Governor in Council. (2) A person may be appointed as a senior electoral officer only if— (a) press advertisements have been placed nationally calling for applications from suitably qualified persons to be considered for appointment; and (b) the Minister has consulted— (i) with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and (ii) with the parliamentary committee about— (A) the process of selection for appointment; and (B) the appointment of the person as the senior electoral officer. (3) Subsection (2)(a) and (b)(i) does not apply to the reappointment of a person as senior electoral officer. (4) A person who is a member of a political party is not to be appointed as a senior electoral officer. (5) A senior electoral officer holds office, subject to this part, for such term (not longer than 7 years) as is specified in the senior electoral officer's instrument of appointment. (6) A senior electoral officer is to be appointed under this Act, and not under the Public Sector Act 2022. (7) If an officer of the public service is appointed as a senior electoral officer, the person retains and is entitled to all rights that have accrued to the person because of employment as an officer of the public service, or that would accrue in the future because of that employment, as if service as a senior electoral officer were a continuation of service as an officer of the public service. (8) A senior electoral officer holds office on such terms, relating to remuneration and other matters not provided for by this Act, as are determined by the Governor in Council. 23 Leave of absence (1) The Minister may grant leave of absence to the electoral commissioner on such terms as the Minister determines. (2) The commission may grant leave of absence to the deputy electoral commissioner on such terms as the commission determines. 24 Resignation A senior electoral officer may resign office by signed notice given to the Governor. 25 Termination of appointment (1) The Governor in Council may terminate the appointment of a senior electoral officer for misbehaviour or physical or mental incapacity. (2) The Governor in Council must terminate a senior electoral officer's appointment if the senior electoral officer— (a) accepts nomination for election to an Australian parliament; or (b) becomes a member of a political party; or (c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (d) is absent, without leave of absence and without reasonable excuse, for— (i) 14 consecutive days; or (ii) 28 days in any year; or (e) contravenes section 12 without reasonable excuse; or (f) engages in paid employment outside the duties of the office without the Minister's approval. 26 Acting electoral commissioner The Governor in Council may appoint a person, who is eligible for appointment as electoral commissioner, to act as electoral commissioner during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the electoral commissioner is absent from duty, or can not, for another reason, perform the duties of office. 27 Acting deputy electoral commissioner The Governor in Council may appoint a person, who is eligible for appointment as deputy electoral commissioner, to act as deputy electoral commissioner during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the deputy electoral commissioner is absent from duty, or can not, for another reason, perform the duties of the office. 28 Notice of appointment Notice of the appointment of a person as, or to act as, a senior electoral officer must be published in the gazette. Division 3 Staff of the commission 29 Staff (1) The staff of the commission consist of— (a) electoral registrars, returning officers and assistant returning officers appointed under this division; and (b) other staff necessary for the performance of the commission's functions. (2) The staff of the commission are to be employed under the Public Sector Act 2022. (3) Subsection (2) does not apply to— (a) electoral registrars, returning officers and assistant returning officers; and (b) persons employed on a temporary basis in connection with the conduct of a particular election or referendum. (4) The commission may, on behalf of the State, employ persons on a temporary basis in connection with the conduct of a particular election or referendum. 30 Electoral registrars (1) The Governor in Council may, on the recommendation of the commission, appoint 1 or more electoral registrars for an electoral district. (2) A person may be appointed as electoral registrar for 2 or more electoral districts. (3) Divisional returning officers under the Commonwealth Electoral Act may be appointed as electoral registrars if the appointments are made under an arrangement between the Governor and the Governor-General. (4) A person must not be appointed as an electoral registrar if the person is a member of a political party. (5) Without limiting the powers of the Governor in Council to terminate the appointment of electoral registrars, the Governor in Council must terminate the appointment of an electoral registrar if the electoral registrar becomes a member of a political party. (6) An electoral registrar must act in accordance with any directions given by the commission. 31 Returning officers (1) The commission may appoint an elector as the returning officer for an electoral district. (2) A person must not be appointed as a returning officer if the person is— (a) a minor; or (b) a member of a political party. (3) Without limiting the powers of the commission to terminate the appointment of returning officers, the commission must terminate the appointment of a returning officer if the returning officer becomes a member of a political party. (4) A returning officer must act in accordance with any directions given by the commission. (5) A returning officer's membership of a political party, or failure to comply with section 32A, does not invalidate— (a) anything done by the returning officer while the returning officer is a member of a political party; or (b) if the returning officer does a thing for an election while the returning officer is a member of a political party—the election. 32 Assistant returning officers (1) The commission may appoint an elector as assistant returning officer, or electors as assistant returning officers, for an electoral district. (2) A person must not be appointed as an assistant returning officer if the person is— (a) a minor; or (b) a member of a political party. (3) Without limiting the powers of the commission to terminate the appointment of assistant returning officers, the commission must terminate the appointment of an assistant returning officer if the assistant returning officer becomes a member of a political party. (4) An assistant returning officer must assist the returning officer for the electoral district in performing the returning officer's functions under this Act. (5) The commission may appoint an assistant returning officer for an electoral district to act as the returning officer for the electoral district— (a) during a vacancy in the office of returning officer; or (b) during any period, or all periods, when the returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office. (6) While an assistant returning officer is assisting the returning officer or acting as returning officer— (a) the assistant returning officer has all the powers and functions of the returning officer; and (b) this Act applies to the assistant returning officer as if the assistant returning officer were the returning officer. (7) The commission may appoint a person to act as an assistant returning officer during any period, or all periods, when— (a) there is not an assistant returning officer for an electoral district; or (b) the assistant returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office. (8) While a person is acting as assistant returning officer— (a) the person has all the powers and functions of the assistant returning officer; and (b) this Act applies to the person as if the person were the assistant returning officer. (9) Anything done by or in relation to a person while the person is purporting to act under this section is not invalid merely because the occasion for the person to act had not arisen or had ceased. (10) An assistant returning officer must act in accordance with any directions given by the commission. (11) An assistant returning officer's membership of a political party, or failure to comply with section 32A, does not invalidate— (a) anything done by the assistant returning officer while the assistant returning officer is a member of a political party; or (b) if the assistant returning officer does a thing for an election while the assistant returning officer is a member of a political party—the election. 32A Obligation to notify membership of political party A returning officer or assistant returning officer must immediately notify the commission if the officer becomes a member of a political party, unless the officer has a reasonable excuse. Maximum penalty—40 penalty units. 33 Confidentiality of information A person who is involved in the administration of this Act who gains information because of the person's involvement in the administration must not disclose the information to anyone else other than— (a) for the purposes of this Act; or (b) under the authority of another Act; or (c) in a proceeding before a court in which the information is relevant to the issue before the court. Maximum penalty—40 penalty units or 18 months imprisonment. Division 4 Strategic reviews 33A Strategic review of commission and commissioners (1) Strategic reviews of the commission and commissioners are to be conducted under this division. (2) A strategic review is to be conducted at least every 5 years, counting from when the report (the earlier report) for the most recent earlier strategic review was given to the Minister and the electoral commissioner under section 33C(4), up to when the reviewer is appointed under subsection (4) to undertake the latest strategic review. (3) However, if the parliamentary committee reported to the Legislative Assembly about the earlier report, and the committee's report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001, section 107, the 5 years is counted from when the Minister's response was tabled under that section. (4) Each strategic review is to be undertaken by an appropriately qualified person (reviewer), appointed by the Governor in Council, who is to give a report on the review under section 33C. (5) For subsection (4), a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review. (6) The terms of reference for a strategic review are to be decided by the Governor in Council. (7) Before a reviewer is appointed to conduct a strategic review, the Minister must consult with the parliamentary committee and the electoral commissioner about— (a) the appointment of the reviewer; and (b) the terms of reference for the review. (8) The remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council. (9) In this section— strategic review includes— (a) a review of the functions of the commission and commissioners; and (b) a review of the performance of the functions of the commission and commissioners to assess whether they are being performed economically, effectively and efficiently. 33B Conduct of strategic review In conducting a strategic review— (a) the reviewer has the powers an authorised auditor has under the Auditor-General Act 2009 for an audit of an entity; and (b) that Act and other Acts apply to the reviewer as if the reviewer were an authorised auditor conducting an audit of an entity. 33C Report of strategic review (1) The reviewer for a strategic review must give a copy of the proposed report on the review to the Minister and the electoral commissioner. (2) The electoral commissioner may, within 21 days after receiving the proposed report, give the reviewer written comments on anything in the proposed report. (3) If the electoral commissioner comments under subsection (2), the reviewer must— (a) if the reviewer and electoral commissioner can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or (b) if the reviewer and electoral commissioner can not agree about how to dispose of a comment—include the comment, in full, in the report. (4) After complying with subsections (1) and (3), the reviewer must give the report (review report) to the Minister and the electoral commissioner. (5) The review report must be the same as the proposed report given to the Minister and the electoral commissioner under subsection (1), apart from the changes made under subsection (3). (6) The Minister must table the review report in the Legislative Assembly within 3 sitting days after the Minister receives the report. (7) For the Parliament of Queensland Act 2001, section 92(2), the report is referred to the parliamentary committee. 33D Power of Minister to postpone strategic review (1) The Minister may postpone a strategic review to be conducted under this division by not more than 2 years starting at the end of the 5-year period counted under section 33A(2) or (3). (2) The Minister may exercise the power under subsection (1) only if the Minister— (a) is satisfied the postponement is necessary having regard to the commission's functions in conducting a general election or a quadrennial election; and (b) has consulted with, and had regard to the views of, the electoral commissioner and the parliamentary committee about the postponement and the length of the postponement. (3) The Minister may exercise the power under subsection (1) only once in each 5-year period counted under section 33A(2) or (3). (4) If the Minister exercises the power under subsection (1), the Minister must table a notice stating— (a) the length of the postponement; and (b) the reasons for the postponement. (5) The Minister must table the notice before the end of the 5-year period counted under section 33A(2) or (3). (6) In this section— quadrennial election see the Local Government Electoral Act 2011, schedule 2. Part 3 Electoral districts and electoral redistributions Division 1 Distribution etc. of State into electoral districts 34 Number of electoral districts for the State There are 93 electoral districts for the State. 35 Redistribution of State into electoral districts (1) Division 2 sets out when the need for an electoral redistribution arises. (2) Division 3 sets out how the commission undertakes an electoral redistribution. (3) As soon as practicable after the need for an electoral redistribution arises, the commission must— (a) redistribute the State into the 93 electoral districts; and (b) publish a gazette notice that states— (i) that the need has arisen; and (ii) the membership of the commission. (4) However, the commission must defer undertaking, or any further action in undertaking, an electoral redistribution until after the writ for the next general election is returned if— (a) the need for the electoral redistribution arises— (i) if the last general election was an ordinary general election—more than 28 months after the writ for the election was returned; or (ii) if the last general election was an extraordinary general election—less than 20 months before the normal polling day for the next ordinary general election; or (iii) after a writ is issued for a general election but before the writ is returned; or (b) a writ for a general election is issued while the commission is undertaking an electoral redistribution. Division 2 When need for an electoral redistribution arises 36 Need for electoral redistribution arises in 3 circumstances The need for an electoral redistribution arises if 1 of the following sections applies— (a) section 37; (b) section 38; (c) section 39. 37 Electoral redistribution because of changed number of electoral districts The need for an electoral redistribution arises if this Act is amended to change the number of electoral districts for the State. 38 Electoral redistribution after 2 general elections or 7.5 years (1) The need for an electoral redistribution arises on the later of the following days— (a) the day that is 1 year after the writ is returned for the second general election held after the previous redistribution becomes final; (b) the day that is 7.5 years after the previous redistribution becomes final. (2) In this section— previous redistribution means the last electoral redistribution under this Act that became final. 39 Electoral redistribution because of enrolment changes (1) The need for an electoral redistribution arises if the requirement set out in section 45 would not be satisfied in respect of one-third or more of electoral districts for 2 months in a row, assuming that it were applied by reference to the number of enrolled electors and the average number of enrolled electors for electoral districts as gazetted under section 63 for each of the months. (2) For the purposes of subsection (1), it is not necessary that the requirement would not be satisfied in respect of the same one-third or more of electoral districts for the 2 months in a row. 40 Situation if need for more than 1 electoral redistribution arises If, during the period beginning when the need for an electoral redistribution arises under section 37, 38 or 39 and ending when the electoral redistribution becomes final, the need for another electoral redistribution arises under any of those sections (including the same section)— (a) the need for the other electoral redistribution does not arise; and (b) for the purposes of any later application of section 39, any month occurring wholly or partly during the period is to be disregarded. Division 3 How electoral redistributions are to be undertaken 41 Scope of division (1) This division sets out the way in which the commission is to undertake an electoral redistribution. (2) The steps involved are— (a) inviting suggestions (section 42); and (b) inviting comments on the suggestions (section 43); and (c) preparing a proposed electoral redistribution (sections 44 to 46); and (d) publishing the proposed electoral redistribution (section 47); and (e) inviting objections against the proposed electoral redistribution (section 48); and (f) inviting comments on the objections (section 49); and (g) considering objections and comments (section 50); and (h) making the electoral redistribution (section 51); and (i) advertising the electoral redistribution (section 53); and (j) tabling all relevant documents (section 54). (3) The division also contains provisions relating to— (a) when the redistribution takes effect (section 52); and (b) appeals against boundaries of electoral districts (section 57). 42 Inviting suggestions (1) As soon as practicable after the need for an electoral redistribution arises, the commission must invite suggestions from persons and bodies relating to the redistribution. (2) The invitation must be made by notice published in accordance with section 56. (3) The notice must state that suggestions are to be given to the commission in writing within 30 days after the notice is published in the gazette in accordance with section 56. 43 Inviting comments on suggestions (1) As soon as practicable after the 30 days mentioned in section 42(3), the commission must make available for public inspection, without fee, copies of all suggestions given to it within the 30 days. (2) As soon as practicable after the 30 days, the commission must also publish a notice in accordance with section 56 that— (a) advises of the availability for inspection of the copies of the suggestions; and (b) states that any person or body may comment in writing to the commission on the suggestions within 21 days after the notice is published in the gazette in accordance with section 56. (3) As soon as practicable after the 21 days, the commission must make available for public inspection, without fee, copies of all comments given to it within the 21 days. (4) Suggestions and comments must be made available for public inspection at the commission's office and any other places in the State that the commission considers appropriate. 44 Preparing proposed electoral redistribution (1) As soon as practicable after the 21 days mentioned in section 43(2)(b), the commission must prepare a proposed redistribution of the State into electoral districts. (2) The proposed redistribution must include proposed names for the proposed electoral districts. (3) In preparing the proposed electoral redistribution, the commission must— (a) take into account all suggestions and comments properly made under sections 42 and 43; and (b) comply with the following sections— (i) section 45; (ii) section 46. 45 Proposed electoral redistribution must be within numerical limits (1) In preparing the proposed redistribution, the commission must ensure that the following requirement is satisfied, as at the end of the 21 days mentioned in section 43(2)(b), for each proposed electoral district— (a) if the electoral district has an area of less than 100,000km2—that the number of enrolled electors does not differ from the average number of enrolled electors for electoral districts by more than 10%; (b) if the electoral district has an area of 100,000km2 or more—the sum of the number of enrolled electors and the additional large district number does not differ from the average number of enrolled electors for electoral districts by more than 10%. (2) In subsection (1)(b)— additional large district number means 2% of the number of km2 in the area of the electoral district. 46 Matters to be considered in preparing proposed electoral redistribution (1) In preparing the proposed redistribution, the commission must consider the following matters— (a) the extent to which there is a community of economic, social, regional or other interests within each proposed electoral district; (b) the ways of communication and travel within each proposed electoral district; (c) the physical features of each proposed electoral district; (d) the boundaries of existing electoral districts; (e) demographic trends in the State, with a view to ensuring as far as practicable that, on the basis of the trends, the need for another electoral redistribution will not arise under section 39 before it does under section 38. (2) The commission may also consider the boundaries of local government areas to the extent that it is satisfied that there is a community of economic, social, regional or other interests within each local government area. (3) The commission may give such weight to each of the matters set out in subsections (1) and (2) as it considers appropriate. (4) It is the intention of the parliament— (a) that the way in which this section is to be applied in preparing the proposed redistribution should be for the commission alone to decide; and (b) that decisions of the commission relating to the application of this section should be final and conclusive. (5) Without limiting subsection (4), a decision of the commission about— (a) the existence of any matter mentioned in subsection (1) or (2); or (b) the weight (if any) to be given to each such matter; can not be called in question in an appeal under section 57. 47 Publishing proposed electoral redistribution (1) As soon as practicable after the commission has prepared the proposed electoral redistribution, it must comply with this section and section 48. (2) The commission must— (a) make available for public inspection, without fee, at its office a single map showing, or a number of maps together showing, the names and boundaries of all proposed electoral districts; and (b) make available for public inspection, without fee, at its office and at any other places in the State that the commission considers appropriate— (i) a description of the boundaries of all proposed electoral districts; and (ii) its reasons for redistributing the State in the way proposed (including the reasons of any commissioner who disagrees with the redistribution in that way). (3) The commission must display, in a place to which the public has ready access, and at any other place that the commission considers appropriate, in each proposed electoral district a map showing the boundaries of the proposed electoral district. 48 Inviting objections against proposed electoral redistribution (1) The commission must publish a notice in accordance with section 56 that— (a) advises of the availability for inspection, and the display, of the things mentioned in section 47(2) and (3); and (b) states that any person or body may object in writing to the commission against the proposed electoral redistribution within 30 days after publication of the notice in the gazette in accordance with section 56; and (c) is accompanied by a single map showing, or a number of maps together showing, the names and boundaries of all proposed electoral districts. (2) At any time before publishing a notice under subsection (1), the commission may make public its proposed electoral redistribution. 49 Inviting comments on objections (1) As soon as practicable after the 30 days mentioned in section 48(1)(b), the commission must make available for public inspection, without fee, copies of all objections given to it within the 30 days. (2) As soon as practicable after the 30 days, the commission must also publish a notice in accordance with section 56 that— (a) advises of the availability for inspection of the copies of the objections; and (b) states that any person or body may comment in writing to the commission on the objections within 10 days after the notice is published in the gazette in accordance with section 56. (3) As soon as practicable after the 10 days, the commission must make available for public inspection, without fee, copies of all comments given to it within the 10 days. (4) Objections and comments must be made available for public inspection at the commission's office and any other places in the State that the commission considers appropriate. 50 Considering objections and comments If an objection or comment given to the commission within the period allowed under section 48 or 49 raises a matter that has not already been raised, or substantially raised, in a suggestion or comment under section 42 or 43, the commission must— (a) consider the objection or comment; and (b) make any changes to the proposed electoral redistribution that it considers would be necessary if sections 45 and 46 were being complied with. 51 Making electoral redistribution (1) The commission must, as soon as practicable after the end of the 30 days mentioned in section 48(1)(b), publish a gazette notice stating that the State is redistributed into the electoral districts whose names and boundaries are set out in the notice. (2) The names and boundaries set out in the notice are to be the same as those for the proposed electoral redistribution, incorporating any changes made under section 50. (3) The commission may, at any time before publishing the notice, make public anything that it intends to publish in the notice. 52 When redistribution takes effect (1) At the end of 21 days after the publication of the notice, but subject to section 57(6), the State is redistributed into the electoral districts, and those districts have the names, set out in the notice. (2) The State remains so redistributed until the next electoral redistribution becomes final. (3) However, until the Legislative Assembly is next dissolved or expires by the passage of time, the redistribution does not affect a by-election for an electoral district to fill a vacancy in the membership of the Legislative Assembly. 53 Advertising electoral redistribution (1) As soon as practicable after publishing the notice under section 51(1), the commission must comply with this section. (2) The commission must— (a) make available for public inspection, without fee, at its office a single map showing, or a number of maps together showing, the names and boundaries of all electoral districts; and (b) make available for public inspection, without fee, at its office and at any other places in the State that the commission considers appropriate— (i) a description of the boundaries of all electoral districts in the State; and (ii) its reasons for redistributing the State in that way (including the reasons of any commissioner who disagrees with the redistribution in that way). (3) The commission must display, in a place to which the public has ready access, and at any other place that the commission considers appropriate, in each electoral district a map showing the boundaries of the electoral district. (4) The commission must publish a notice advising of the availability for inspection, and the display, of the things mentioned in subsections (2) and (3) in— (a) a newspaper circulating generally in the State; and (b) any regional newspapers, circulating in any parts of the State, that the commission considers appropriate. 54 Tabling all relevant documents (1) As soon as practicable after publishing the notice under section 51(1), the commission must give the Minister a copy of— (a) all suggestions properly made to it under section 42; and (b) all comments properly made to it under section 43; and (c) the things made available for public inspection under section 47(2); and (d) all objections properly made to it under section 48; and (e) all comments properly made to it under section 49; and (f) the notice published under section 51(1); and (g) the commission's reasons for distributing the State in the way set out in the notice, together with the reasons of any commissioner who disagrees with the redistribution in that way. (2) The Minister must cause a copy of the things given to the Minister under subsection (1) to be laid before the Legislative Assembly within 5 sitting days after the Minister receives them. 55 Commission may hold public hearings Without limiting its powers under section 7(4), the commission may conduct such public hearings as it considers appropriate for the purposes of this division. 56 How notices are to be published If, under this division, the commission is required to publish a notice in accordance with this section, the commission must publish the notice in— (a) the gazette; and (b) a newspaper circulating generally in the State; and (c) any regional newspaper, circulating in a part of the State, that the commission considers appropriate. 57 Appeals against boundaries of electoral districts (1) An elector may appeal to the Court of Appeal against the boundaries set out in the notice under section 51(1) on the ground that the commission has not complied with this part in making the proposed electoral redistribution. (2) The appeal must be made— (a) within 21 days after the publication of the notice; and (b) in accordance with the rules of court of the Court of Appeal. (3) The commission is the respondent to the appeal. (4) If more than 1 appeal is made against the boundaries, every appeal must be dealt with in the same proceeding. (5) Any person having an interest in the appeal may apply to the court to be joined as a party to the appeal. (6) If an appeal is made, the notice under section 51(1) does not take effect until the appeal has been disposed of by the court. (7) On the hearing of the appeal under this section, the court may— (a) by order— (i) quash the notice, in whole or part, and, subject to such directions as it considers appropriate, order the commission to make a fresh or amended notice under section 51(1); or (ii) dismiss the appeal; and (b) make any ancillary order as to costs or any other matter that it considers appropriate. (8) The court may make an order quashing the notice, in whole or part, only if the court is satisfied that— (a) the commission has not complied with this part in making the proposed redistribution; and (b) the noncompliance has had, or may have had, a significant effect on the boundaries of the electoral districts into which the State is to be redistributed under the notice under section 51(1); and (c) the interests of justice require the making of the order. (9) The validity of the electoral redistribution may only be called in question in an appeal under this section. (10) An appeal against the boundaries must— (a) be set down for hearing by the court as soon as practicable after the end of 21 days from the publication of the notice under section 51(1); and (b) must be heard and determined by the court as a matter of urgency. (11) Except as provided in this section, a decision made, or appearing to have been made, by the commission or a commissioner under or for the purposes of this part— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside or otherwise called in question in any court or tribunal on any ground; and (c) is not subject to mandamus, prohibition, certiorari, injunction or any declaratory or other order of any court on any ground. Note— Judicial Review Act 1991, section 41—— 41 Certain prerogative writs not to be issued (1) The prerogative writs of mandamus, prohibition or certiorari are no longer to be issued by the court. (2) If, before the commencement of this Act, the court had jurisdiction to grant any relief or remedy by way of a writ of mandamus, prohibition or certiorari, the court continues to have the jurisdiction to grant the relief or remedy, but must grant the relief or remedy by making an order, the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for subsection (1), have been granted by way of such a writ. (3) In an enactment in force immediately before the commencement of this Act, a reference to a writ of mandamus, prohibition or certiorari is taken to be a reference to an order of a kind that the court is empowered to make under this section. (12) In this section— decision includes a failure to make a decision. Part 4 Electoral rolls Division 1 Commission to keep electoral rolls 58 Commission to keep electoral rolls (1) The commission must keep an electoral roll for each electoral district. (2) Each electoral roll must, in accordance with this part, contain information in relation to the persons entitled to be enrolled for the electoral district. (3) Each electoral roll must also set out, in relation to each person— (a) the person's surname and given names; and (b) the person's address; and (c) the person's sex, occupation and date of birth; and (d) an identifying number; and (e) any other prescribed information. (4) Each electoral roll may also set out, for each person who holds office— (a) as a justice of the peace—the initials 'JP' after the person's name; or (b) as a commissioner for declarations—the initials 'Cd' after the person's name. (5) If the commission is satisfied that the inclusion on a roll of a person's address would place at risk the personal safety of the person or another person, the person's address must not be set out in the publicly available part of the roll. (6) For the purposes of subsection (3)(b), a person's address may, in the case of a roll prepared otherwise than in a printed form, be stated as a post office box number, mail service number or in another appropriate way in addition to the person's residential address. (7) For the purposes of this Act, the commission may ask a government entity prescribed under a regulation to give the commission information of the kind mentioned in subsection (3)(a) to (c) as shown in any records kept by the entity. Example— The commission may ask a local government for the names of all ratepayers living in a particular local government area. (8) Also, to enable the commission to decide the persons who are not entitled to vote because of section 106(3), the commission may ask the chief executive (corrective services) to give the commission information about persons who are serving sentences of imprisonment for offences against the law of the Commonwealth or of a State or Territory. (9) The entity or chief executive (corrective services) must give the commission the information as soon as practicable after receiving the request. (10) The chief executive officer of the entity may, before giving the information, require payment of a fee decided by the chief executive officer that reasonably reflects the cost of extracting the information from the entity's records. (11) The entity need not give the information about a person if the entity reasonably suspects that disclosing the information would be likely to endanger the person's safety. (12) Subsection (9) has effect despite the provisions of any other Act that would otherwise permit or require the entity to refuse the commission's request. (13) In this section— government entity includes— (a) a local government; and (b) a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a State government purpose; and (c) a part of an entity mentioned in paragraph (b); but does not include the police service or the Crime and Corruption Commission. 59 Preparation of electoral rolls (1) The commission must prepare all electoral rolls as soon as practicable after— (a) an electoral redistribution becomes final; or (b) 6p.m. on the cut-off day for electoral rolls for an election or referendum; or (c) 3 years pass after the day on which the writ for the last general election was returned. (2) The commission may also prepare all or any of the electoral rolls at any other time that it considers appropriate. (3) The electoral rolls may be prepared— (a) in a printed or electronic form; or (b) on microfiche, computer disk or computer tape; or (c) in another form determined by the commission. 60 Inspection of publicly available parts of electoral rolls (1) The commission must make available for inspection by any person, without fee, a copy of the most recent printed version of the publicly available part of all electoral rolls— (a) at the office of the commission; and (b) at the office (if any) of each returning officer. (2) The commission may also make available for inspection by any person, without fee, a copy of the most recent version, in a non-printed form, of the publicly available part of any electoral roll at any place that the commission considers appropriate. 61 Information on electoral rolls to be provided to particular people and organisations (1) The following table sets out persons and organisations to whom the commission must give stated information about electoral rolls and states the information to be given and the circumstances in which it is to be given. Mandatory provision of information on electoral rolls Item Person or organisation Information to be given Circumstances in which information is to be given 1 a candidate for an election a certified copy, in a form decided by the commissioner, of the entire electoral roll for the electoral district for which the candidate is seeking election (a) on request by the candidate; and (b) as soon as practicable after the cut-off day for the nomination of candidates; and (c) without charge 2 a registered political party a copy, in electronic form, of the most recent version of the entire electoral roll for any electoral district or all electoral districts (a) on request by the party; and (b) at a price which reasonably reflects the cost of producing that copy 3 a registered political party a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for any electoral district or all electoral districts (a) on request by the party; and (b) at a price which reasonably reflects the cost of producing that copy 4 a member of the Legislative Assembly a reasonable number of copies, in printed form, of the most recent version of the entire electoral roll for the electoral district the member represents (a) as soon as practicable after each of the following happens— (i) the member is declared elected; (ii) the roll is prepared under section 59(1)(c); and (b) without charge 5 a member of the a copy, in electronic form, of the most recent version of the entire electoral roll for the electoral district the member represents (a) once during each Legislative Assembly; and Legislative Assembly (b) without charge 6 a member of the Legislative Assembly a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for the electoral district the member represents without charge 7 local government a copy, in electronic form, of the most recent version of the entire electoral roll for any electoral district wholly or partly within the local government's area (a) on request by the local government; and (b) at a price fixed or decided under a regulation 8 local government a copy, in electronic form, of the changes to the most recent version of the entire electoral roll for any electoral district wholly or partly within the local government's area (a) on request by the local government; and (b) at a price fixed or decided under a regulation (2) The following table sets out persons and organisations to whom the commission may give a copy, in any form, of information in relation to electoral rolls and states the information that may be given and the circumstances in which it may be given. Discretionary provision of information on electoral rolls Item Person or organisation Information to be given Circumstances in which information is to be given 1 an entity prescribed under a regulation that is a department or State public authority a copy, in electronic form, of the most recent version of the entire, or part of the, electoral roll for any electoral district (a) on request by the department or State public authority; and (b) without charge; and (c) for a purpose prescribed under a regulation (3) Subsection (2) does not prevent an entity other than the commission, when providing a person or organisation with services for accessing information given by the commission, charging the person or organisation for the services. (4) Other than as provided by this section, the commission must not provide a copy of any part of an electoral roll, other than the publicly available part, to a person other than— (a) a senior electoral officer; or (b) a member of the commission's staff; or (c) a person performing functions under an arrangement mentioned in section 62. 62 Joint roll arrangement with Commonwealth (1) The Governor may arrange with the Governor-General for— (a) the preparation, alteration or revision of the electoral rolls; or (b) the carrying out of any procedure relating to the preparation, alteration or revision of the electoral rolls; in any way consistent with this Act, jointly by the State and the Commonwealth, whether for the purpose of the rolls being used as electoral rolls for Legislative Assembly elections as well as for Commonwealt