Queensland: Local Government Electoral Act 2011 (Qld)

Local Government Electoral Act 2011 Part 1 Preliminary 1 Short title This Act may be cited as the Local Government Electoral Act 2011. 2 Commencement (1) Part 12, division 4, other than sections 224, 228 and 236, commences on 1 September 2011. (2) The following provisions commence on a day to be fixed by proclamation— • part 12, divisions 2, 3, 11, 12, 14 and 16 • sections 315 and 342. 3 Purposes of Act The purposes of this Act are to— (a) ensure and reinforce the transparent and equitable conduct of elections of councillors of Queensland's local governments, including, for example, by minimising the risk of unequal participation in the electoral process and ensuring a fair opportunity to participate in the electoral process; and (b) ensure and reinforce integrity in Queensland's local governments, including, for example, by minimising the risk of corruption in relation to— (i) the election of councillors; and (ii) the good governance of, and by, local government. 4 Definitions The dictionary in schedule 2 defines particular words used in this Act. 5 Particular references in this Act In a provision of this Act about an election— (a) a reference to the returning officer is a reference to the returning officer for the election; and (b) a reference to an assistant returning officer is a reference to an assistant returning officer for the election; and (c) a reference to an issuing officer is a reference to an issuing officer for the election; and (d) a reference to polling day is a reference to polling day for the election; and (e) a reference to the nomination day is a reference to the nomination day for the election; and (f) a reference to a ballot paper is a reference to a ballot paper for the election; and (g) a reference to a candidate is a reference to a candidate for the election; and (h) a reference to a nominee is a reference to a nominee for the election; and (i) a reference to the mayor or another councillor is a reference to the mayor or other councillor of the local government for which the election is held; and (j) a reference to a local government is a reference to the local government for which the election is held. 6 References to divisions includes wards (1) In a provision of this Act, a reference to a division of a local government area includes a reference to a ward of Brisbane. (2) In this section— ward, of Brisbane, means one of 26 divisions of the local government area of the Brisbane City Council established for the election of councillors or a councillor. 7 Meaning of conclusion of local government election (1) The conclusion of the election of a councillor is— (a) if the councillor is elected at an election of all councillors of the local government—the day on which the last declaration of a poll conducted in the election is published on the electoral commission's website under section 100(2); or (b) if the councillor is elected at a by-election and— (i) a poll is conducted—the day on which the declaration of the poll is published on the electoral commission's website under section 100(2); or (ii) a poll is not conducted—the day after the nomination day for the by-election; or (c) if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and— (i) 1 or more polls are conducted in the local government area—the day on which the last declaration of a poll conducted in the local government area is published on the electoral commission's website under section 100(2); or (ii) no poll is conducted in the local government area—6p.m. on the day that a poll would otherwise have been required to be conducted under this Act. (2) In this section— declaration, of a poll, means the declaration by the electoral commission of the result of the poll under section 100(1). Part 2 Administration Division 1 Electoral commission 8 Additional functions and powers of electoral commission For the purpose of this Act, the functions of the electoral commission include conducting quadrennial elections, by-elections or fresh elections for local governments. Division 2 Electoral officers for local government elections 9 Returning officers (1) The returning officer for an election is responsible for the proper conduct of the election. (2) The electoral commission may appoint a person as the returning officer for an election. (3) A person must not be appointed under subsection (2) if the person is— (a) a minor; or (b) a member of a political party; or (c) the chief executive officer of the local government for which the election is to be held. (4) Despite subsection (3)(c), the electoral commission may appoint the chief executive officer of the local government as the returning officer if— (a) the chief executive officer is not a member of a political party; and (b) the electoral commission considers the chief executive officer is the only person with experience in conducting elections who is reasonably available to be appointed as the returning officer. (5) The returning officer must comply with a direction given by the electoral commission for the proper conduct of the election. 9A [Repealed] 10 Assistant returning officers (1) An assistant returning officer is responsible for helping the returning officer in performing the returning officer's responsibilities under this Act. (2) The electoral commission may appoint a person as an assistant returning officer for an election. (3) A person must not be appointed under subsection (2) if the person is— (a) a minor; or (b) a member of a political party. (4) The electoral commission may appoint 1 or more assistant returning officers for an election. 11 Presiding officers (1) A presiding officer at a polling booth is responsible for the proper conduct of a poll at the polling booth and for carrying out the other duties for an election that are required by the returning officer. (2) The returning officer— (a) may be presiding officer at a polling booth; and (b) must appoint a person as presiding officer at each polling booth other than the booth at which the returning officer is the presiding officer. (3) If a person can not act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer's approval, may appoint another person as presiding officer at the booth while the person can not act. (4) An appointment under subsection (2) or (3) must be in the approved form. 12 Issuing officers (1) An issuing officer is responsible for— (a) giving ballot papers and declaration envelopes to electors; and (b) performing the other duties for an election that are required by the returning officer. (2) An issuing officer must be a member of the staff of the electoral commission mentioned in the Electoral Act 1992, section 29. 12A [Repealed] 12B [Repealed] 13 Removal from office for membership of political party (1) The electoral commission must remove a person from the office of returning officer or assistant returning officer if the person becomes a member of a political party. (2) Subsection (1) does not limit the electoral commission's power to remove a person from the office of returning officer or assistant returning officer. (3) A person's membership of a political party, or failure to comply with section 14, does not invalidate— (a) anything done by the person while the person is a returning officer or assistant returning officer; or (b) if the person does a thing for an election while the person is a returning officer or assistant returning officer—the election. 14 Obligation to notify of membership of a political party A returning officer or assistant returning officer must immediately notify the electoral commission if the officer becomes a member of a political party, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. 15 Returning officer may act through other officers If— (a) the returning officer may, under this Act, do a thing; and (b) the returning officer authorises an assistant returning officer, presiding officer or issuing officer to do the thing; and (c) the assistant returning officer, presiding officer or issuing officer does the thing; the thing is taken to have been done by the returning officer. Examples— 1 For an election, if the returning officer authorises an assistant returning officer to conduct the election in a division, and the assistant returning officer does so, the returning officer is taken to have conducted the election in the division. 2 For an election, if the returning officer authorises an assistant returning officer to carry out the functions of the returning officer under section 95, and the assistant returning officer carries out the functions, the returning officer is taken to have carried out the functions. 3 Under section 72, declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box. 16 Assistant returning officer may act through other officers If— (a) an assistant returning officer may, under this Act, do a thing; and (b) the assistant returning officer authorises a presiding officer or an issuing officer to do the thing; and (c) the presiding officer or the issuing officer does the thing; the thing is taken to have been done by the assistant returning officer. Part 3 Voters rolls and register of special postal voters Division 1 Voters rolls 17 Returning officer must compile voters roll (1) The returning officer for an election must compile a roll of persons entitled to vote at the election (the voters roll). (2) The voters roll must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included— (a) for an election for all of a local government's area—in the area; or (b) for an election for a division of a local government's area—in the division. (3) An electoral registrar under the Electoral Act 1992 must give the returning officer the assistance the officer reasonably requires to compile a voters roll for an election. 18 When voters roll must be compiled (1) A voters roll for a quadrennial election or fresh election must be compiled at least 5 days, but not more than 7 days, after notice of the election is published on the electoral commission's website under section 25(1). (2) However, a regulation may fix a different day for compiling the voters roll for a particular election. (3) A voters roll for a by-election must be compiled at least 5 days, but not more than 7 days, after notice of the day of the by-election is published on the electoral commission's website under section 24(3). 19 Requirements of voters roll (1) A voters roll for an election must— (a) show the names of all persons entitled to vote at the election; and (b) be in the form of the electoral roll used for elections of the Legislative Assembly. (2) The voters roll must not include the address of a silent elector. 20 Inspection of voters roll (1) The electoral commission must ensure the most recent version of all voters rolls is available for inspection by members of the public at the commission's public office. (2) The electoral commission may also make available, for inspection by any person, a copy of the most recent version of a voters roll at any place that the commission considers appropriate. 21 Supply of voters roll to candidates (1) If a poll is to be conducted in an election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day. (2) The electoral commission may decide the format in which the voters roll is given to the candidates and direct the returning officer to give the voters roll that format. (3) A person must not use, disclose to another person or allow another person to access information in a copy of a voters roll given to a candidate under subsection (1), unless the use, disclosure or giving of access is for a purpose stated in subsection (4). Maximum penalty—20 penalty units or 6 months imprisonment. (4) The purposes are— (a) any purpose related to an election under this Act; or (b) checking the accuracy of information on the voters roll; or (c) the performance by a councillor of a local government of the councillor's functions in relation to electors enrolled on the voters roll; or (d) the performance by an official or employee of a political party of the person's duties in relation to electors enrolled on the voters roll. Division 2 Register of special postal voters 21A Electoral commission to keep register of special postal voters (1) The electoral commission must keep, or arrange to be kept, a register of special postal voters. (2) The electoral commissioner must, not less than 18 months but not more than 4 years after the result of a poll for a quadrennial election is declared, review the continuing eligibility of a person to cast a vote as a special postal voter. (3) In conducting the review, the electoral commissioner must— (a) require each relevant elector to advise, in the approved form, whether the elector still lives at the address shown on the voters roll; and (b) do a random check of approved forms given to the electoral commission under paragraph (a) to decide whether the signature on each approved form checked is the same as the signature on the elector's application to be a special postal voter mentioned in section 68(5A). (4) In this section— relevant elector means an elector whose name is included in the register of special postal voters because of a circumstance mentioned in section 68(5A)(a)(i) or (ii). Part 4 Local government elections Division 1 Local government elections 22 Types of elections (1) An election of the mayor of a local government is an election for all of the local government's area. (2) A quadrennial or fresh election for a councillor (other than the mayor) of a local government is— (a) if the local government's area does not have divisions—an election for all of the area; or (b) if the local government's area has divisions—an election for each division of the area. (3) A by-election to fill a vacancy in the office of a councillor (other than the mayor) of a local government is an election for its area, or the division of its area, for which the councillor was elected. 23 Date of quadrennial elections (1) A quadrennial election must be held in, and every fourth year after, 2012. (2) A quadrennial election must be held on the last Saturday in March. (3) However, a regulation may fix a different day, which must be a Saturday, for a quadrennial election for a particular year. 24 Date of by-elections (1) A by-election to fill a vacancy in the office of a councillor is to be held on the day fixed by the returning officer. (2) The day fixed must be within 2 months after the vacancy happens. (3) As soon as practicable after fixing the day for holding a by-election, the returning officer must— (a) publish, on the electoral commission's website and in the other ways that the officer may consider appropriate, notice of— (i) the day fixed; and (ii) the cut-off day for the voters roll for the by-election under section 18(3); and (b) take the steps required by this Act for holding the by-election. Division 2 Candidates for local government elections Subdivision 1 Nominations of candidates 24A [Repealed] 25 Calling for nominations (1) The returning officer must publish notice of an election on the electoral commission's website, and in other ways the returning officer considers appropriate. (2) The notice must— (a) state a day as a nomination day— (i) not less than 8, or more than 18, days after the publication of the notice; and (ii) not less than 18, or more than 42, days before the day on which the election is to be held; and (b) state the nominations must be given to the returning officer; and (c) invite nominations of candidates. (3) The place of nomination must be— (a) the office of the returning officer; or (b) a place in the local government's area convenient generally to persons in the area. 26 Who may be nominated (1) A person may be nominated as a candidate, or for appointment, as a councillor only if the person is qualified to be a councillor under the— (a) for a councillor of the Brisbane City Council—City of Brisbane Act 2010, section 152; or (b) for a councillor of another local government—Local Government Act 2009, section 152. (2) Also, a person may be nominated as a candidate for an election only if the person has, within 6 months before the nomination day for the election, successfully completed a training course approved by the department's chief executive about— (a) the person's obligations as a candidate, including the person's obligations under part 6; and (b) the person's obligations as a councillor, if the person is elected or appointed, including obligations under a Local Government Act within the meaning of the Local Government Act 2009. (3) However, a person who is a candidate for election as a member of an Australian Parliament, can not be nominated for election or appointment as a councillor until— (a) for an election under the Electoral Act 1992—the day the electoral commission is notified, under section 131(1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or (b) for an election under the Commonwealth Electoral Act 1918 (Cwlth)— (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act. (4) To remove any doubt, it is declared that, a person is not disqualified from being nominated as a candidate, or for appointment, as a councillor only because the person is a member of the Legislative Assembly or a local government employee. Example— A person who is a member of the Legislative Assembly may nominate as a candidate for election as a councillor but must resign on becoming a candidate. 27 Making and certification of nomination (1) A person who wishes to be a candidate in an election may only be nominated by— (a) the registered officer of a registered political party that has endorsed the person as a candidate for the election; or (b) at least 6 electors for the local government area, or division of the local government area, for which the election is to be held. (2) A nomination must— (a) be in the approved form; and (b) contain the following— (i) the candidate's name, address and occupation; (ii) a signed statement by the candidate consenting to the nomination; (iii) if subsection (1)(a) applies—a signed statement by the registered political party's registered officer that the party has endorsed the candidate; (iv) information about the account with a financial institution the candidate intends to use as the candidate's account for section 126; (v) the other matters stated in schedule 1; and (c) be given to the returning officer after the nominations are invited for the election but before noon on the nomination day. (3) If the returning officer is satisfied a person has been properly nominated, the returning officer must— (a) as soon as practicable, certify the nomination in the approved form; and (b) give a copy of the certificate to the person. (4) The certificate must state the time, day and place proposed for a draw, if necessary, for the order of listing of candidates' names on the ballot paper. (5) For subsection (3), a person is properly nominated for an election if— (a) subsection (2) has been complied with, or substantially complied with apart from a mere formal defect or error in the nomination; and (b) section 29(2) does not apply to the nomination; and (c) section 31(3) does not apply to the nomination; and (d) section 39 has been complied with; and (e) the nomination has not been withdrawn. (6) In deciding whether a person is properly nominated for an election, the returning officer is not required to look beyond— (a) the form of nomination and payment of the deposit; and (b) the voters roll; and (c) documentary evidence produced by the nominee or nominator that, at the time the voters roll is compiled for the election— (i) the nominator is an elector for the election or the registered officer of a registered political party; or (ii) the nominee is, under the Electoral Act 1992, an elector for an electoral district, or part of an electoral district, included in the local government's area. (7) If a nomination is wrongly certified by the returning officer, the certification is of no effect. 28 Grounds for deciding a person is not properly nominated (1) The returning officer may decide that a person who has changed his or her name is not properly nominated as a candidate in an election because the nomination name— (a) is a party name; or (b) so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or (c) includes the word 'independent'; or (d) is a public body name; or (e) so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or (f) is obscene or offensive. (2) The returning officer may also decide that a person who has changed his or her name is not properly nominated as a candidate in an election if the returning officer considers the name could cause confusion. Example of subsection (2)— If a person's name is 'Informal', the returning officer may consider that the name could cause confusion to electors. (3) If the returning officer decides under this section that a person is not properly nominated as a candidate in an election, the returning officer must give the person a notice stating— (a) the decision; and (b) the reasons for the decision; and (c) the person's right to apply for an injunction. Note— For a person's right to apply for an injunction, see section 200. (4) In this section— nomination name means the name proposed by a candidate to be used on a ballot paper as the candidate's name under section 55(2). parliamentary party means an organisation— (a) whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and (b) of which at least 1 member is a member of an Australian parliament. party name means the name, or an abbreviation or acronym of the name of— (a) a parliamentary party; or (b) a political party; or (c) an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to— (i) an Australian parliament; or (ii) an office of councillor of a local government. public body name means the name, or an abbreviation or acronym of the name, of a prominent public body. 29 Effect of multiple nominations (1) A person can not, at the same time, be a candidate for election as— (a) mayor of a local government and as another councillor of the same local government; or (b) a councillor of a local government for more than 1 division of the local government's area. (2) If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1), each of the nominations is of no effect. 30 Withdrawal of consent to nomination (1) A person nominated as a candidate in an election may withdraw the person's agreement to the nomination by signed notice given to the returning officer before noon on the nomination day. (2) If a person acts under subsection (1)— (a) the nomination is of no effect; and (b) the person's deposit must be refunded to the person who paid the deposit. 31 Withdrawal of endorsement of candidate (1) This section applies if— (a) a registered political party nominates a person as a candidate for an election under section 27(1)(a); and (b) before the election, the party withdraws the party's endorsement of the person as a candidate for the election. Note— See section 135A for the requirement for a registered political party to notify the commission about— (a) the party's endorsement of a person as a candidate for an election; or (b) changes to the endorsement. (2) The registered officer of the registered political party must notify the electoral commission, in the approved form, of the withdrawal of the endorsement. Maximum penalty—40 penalty units. (3) If the notification is given to the electoral commission before noon on the nomination day for the election, the nomination of the person is of no effect. (4) If the notification is given to the electoral commission on or after noon on the nomination day for the election— (a) the nomination of the person is not affected; and (b) a ballot paper is taken to comply with section 55 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate's name on the ballot paper. (5) As soon as practicable after the electoral commission receives the notification, the electoral commission must give the candidate a notice that states— (a) the contents of the notification; and (b) when the electoral commission received the notification; and (c) if subsection (3) or (4) applies in relation to the notification—the effect of the subsection. 32 Announcement of nominations (1) As soon as practicable after the returning officer has certified the nomination of a person for an election under section 27(3)(a), the returning officer must publish the prescribed information for the nomination— (a) on the electoral commission's website; and (b) in other ways the returning officer considers appropriate. (2) The publication of the prescribed information must continue until the conclusion of the election. (3) In this section— prescribed information, for a nomination, means information or a statement contained in the nomination prescribed by regulation. 33 Death of candidate If a person nominated as a candidate in an election dies before noon on the nomination day— (a) the nomination is of no effect; and (b) the person's deposit must be refunded to— (i) if the deposit was paid by someone other than the person—the other person; or (ii) otherwise—the person's personal representative. 34 Procedure if number of candidates not more than number required (1) If the number of candidates properly nominated for an election is only equal to the number required to be elected— (a) the nominees are taken to have been elected; and (b) the returning officer must, as soon as practicable after the nomination day, publish a notice, in the approved form, that the nominees are taken to have been elected— (i) on the electoral commission's website; and (ii) in other ways the returning officer considers appropriate. (2) If— (a) no-one is nominated as a candidate in an election; or (b) the number of candidates nominated is less than the number required to be elected; the proceedings for the election must start again. (3) However, if proceedings for the election have previously started again under subsection (2), the Governor in Council may, by gazette notice, appoint as councillors of the local government, the number of persons necessary to constitute fully the local government. (4) Each person appointed under subsection (3) must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held. (5) Persons appointed under subsection (3) are taken to have been properly elected as councillors of the local government for which they are appointed. (6) If proceedings for an election are started again under subsection (2)— (a) the deposits of the candidates must be refunded to the persons who paid the deposits; and (b) the electoral commission must, by gazette notice, fix a new polling day for the election. 35 Procedure if number of candidates exceeds number required (1) If the number of candidates properly nominated for an election exceeds the number required to be elected, a poll must be conducted under this part. (2) The returning officer must give public notice that a poll will be conducted. (3) The notice must— (a) be in the approved form; and (b) state— (i) the day the poll will be conducted; and (ii) the names of all candidates properly nominated for election in the order decided under section 57; and (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and (iv) that the ordinary voting hours are from 8a.m. to 6p.m; and (c) be published on the electoral commission's website, and in other ways the returning officer considers appropriate. (4) Publication of the notice under subsection (3)(c) must— (a) start as soon as practicable after noon on the nomination day; and (b) continue until the close of the poll. 36 Procedure on death of candidate when poll to be conducted (1) If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day for an election— (a) for a candidate for mayor—the proceedings for the election of the mayor must start again; and (b) for a candidate for councillor (other than mayor) if the local government's area is undivided—the proceedings for the election of the councillors must start again; and (c) for a candidate for councillor (other than mayor) for a division of a local government's area—the proceedings for the election of councillors for the division must start again. (2) Also, the Minister may, by gazette notice, direct that— (a) if subsection (1)(a) applies—all proceedings for the election of councillors of the local government start again; or (b) if subsection (1)(b) applies—proceedings for holding an election of the mayor of the local government start again; or (c) if subsection (1)(c) applies— (i) proceedings for holding an election of the mayor of the local government start again; and (ii) proceedings for the election of councillors for the other divisions of the local government start again. (3) The deceased candidate's deposit must be refunded to— (a) if the deposit was paid by someone other than the candidate—the other person; or (b) otherwise—the candidate's personal representative. (4) The deposits of other candidates must be refunded to the persons who paid the deposits. (5) If proceedings for an election are started again, the electoral commission must, by gazette notice, fix a new polling day for the election. 37 If successful candidate dies If a candidate who is successful at an election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate. Note— The effect of this section would be that a new vacancy exists in the office of the councillor. 38 Changing nomination day or polling day (1) This section applies if a returning officer publishes— (a) notice of a nomination day under section 25; or (b) notice of the day a poll will be conducted under section 35. (2) The electoral commission may, by gazette notice, fix a later day as the nomination day or polling day if the conduct of the election is likely to be affected by— (a) a storm, flood, fire or a similar happening; or (b) a riot or open violence; or (c) another exceptional circumstance. (3) If the electoral commission fixes a later day under subsection (2)— (a) the later day must be— (i) for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1)(a); or (ii) for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35; and (b) the returning officer— (i) may give any necessary directions to candidates, and to electors, about the procedures to be followed; and (ii) must publish a notice detailing the directions on the electoral commission's website, and in other ways the returning officer considers appropriate. Subdivision 2 Deposits accompanying nomination 39 Deposit to accompany nomination (1) At the same time as a nomination is given to the returning officer under section 27, the nominee, or another person on behalf of the nominee, must deposit $250 with the returning officer. (2) The deposit must be paid— (a) in cash; or (b) by a cheque drawn by a financial institution; or (c) by electronic funds transfer. 40 Disposal of deposits generally (1) As soon as practicable after the conclusion of an election, each candidate's deposit must be refunded to the person who paid the deposit if— (a) the candidate is elected; or (b) if the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or (c) if the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election. (2) If a deposit is to be refunded to a person, it may be refunded to someone else with the written authority of the person. (3) All other candidates' deposits become the property of the State when the outcome of the election is decided unless section 30, 33 or 36 applies. Subdivision 3 Creation and membership of groups of candidates 41 Purpose of subdivision The purpose of this subdivision is— (a) to allow candidates to engage in group campaign activities for a particular election by being members of a group of candidates for that election; and (b) to treat the group, for certain purposes, as if it were a person. 42 Creation of group of candidates (1) If 2 or more candidates in an election propose to engage in group campaign activities for the election, the candidates may— (a) form a group for the purposes of this Act for the election; and (b) give the electoral commission written notice of the membership of the group. (2) As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5)(d) and (e) has been deleted— (a) on the electoral commission's website; and (b) in other ways the electoral commission considers appropriate. (3) The group becomes a group of candidates for the election when the electoral commission publishes the notice on the electoral commission's website under subsection (2). Note— See also sections 43(3) and 43A(3). (4) The notice may only be given during the period that— (a) starts— (i) if the most recent election in relation to the local government's area was a quadrennial election—30 days after the polling day for the quadrennial election; or (ii) otherwise—the day after the polling day for the most recent election in relation to the local government's area; and (b) ends immediately before the polling day for the election. (5) The notice must— (a) be in the approved form; and (b) state the name of the proposed group of candidates; and (c) state the name of each candidate who will be a member of the group of candidates; and (d) be signed by each candidate who will be a member of the group of candidates; and (e) include information about the account with a financial institution the proposed group of candidates intends to use as its account for section 127; and (f) be accompanied by written notice under section 116C(1)(c) of the appointment of a person as the agent of the proposed group of candidates. 43 Changing membership of group of candidates (1) A group of candidates for an election may— (a) change the membership of the group at any time before the polling day for the election; and (b) by its agent, give the electoral commission written notice of the proposed change to the membership of the group. (2) As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5)(f) has been deleted— (a) on the electoral commission's website; and (b) in other ways the electoral commission considers appropriate. (3) Despite section 42(3), when the electoral commission publishes the notice on the electoral commission's website under subsection (2)— (a) the change to the membership of the group of candidates takes effect; and (b) the group is taken to be comprised of the candidates in accordance with the change to the membership of the group as stated in the notice. (4) The change to the membership of the group of candidates must not result in only 1 candidate being a member of the group. (5) The notice must— (a) be in the approved form; and (b) state the name of the group of candidates and, if the name is proposed to change, the proposed name; and (c) state the name of each candidate who is a member of the group when the notice is given; and (d) if a candidate proposes to become a member of the group—state the name of each candidate who proposes to become a member; and (e) if a candidate proposes to no longer be a member of the group—state the name of each candidate who proposes to no longer be a member; and (f) be signed by each candidate mentioned in paragraphs (c) and (d). 43A Winding up group of candidates (1) The members of a group of candidates for an election may— (a) wind up the group at any time before the polling day for the election; and (b) by its agent, give the electoral commission written notice of the proposed winding up. (2) As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (4)(d) has been deleted— (a) on the electoral commission's website; and (b) in other ways the electoral commission considers appropriate. (3) Despite sections 42(3) and 43(3), when the electoral commission publishes the notice on the electoral commission's website under subsection (2), the group of candidates stops being a group of candidates for the election. (4) The notice must— (a) be in the approved form; and (b) state the name of the group of candidates; and (c) state the name of each candidate who is a member of the group when the notice is given; and (d) be signed by each candidate mentioned in paragraph (c). 43B Requirements for membership of group of candidates (1) A candidate in an election may be a member of a group of candidates only if— (a) for a quadrennial election for a local government—each other candidate who is a member of the group is a candidate in the quadrennial election for the same local government; and (b) the candidate is not a member of another group of candidates for the election; and (c) the candidate is not endorsed, within the meaning of section 109G, by a registered political party for the election. (2) Also, only 1 member of a group of candidates may be a candidate for election as mayor of a local government. (3) This section applies despite sections 42 and 43. 43C Application of Act to groups of candidates (1) Part 6 and part 9, division 5 apply in relation to a group of candidates as if it were a person. (2) An obligation or liability that, apart from this subsection, would be imposed under part 6 or part 9, division 5 on a group of candidates, is imposed on each member of the group, but may be discharged by any of the members of the group. (3) An amount that, apart from this subsection, would be payable under part 6 or part 9, division 5 by a group of candidates is jointly and severally payable by the members of the group. (4) An offence against a provision of part 6 or part 9, division 5 that, apart from this subsection, would be committed by a group of candidates is taken to have been committed by each member of the group who— (a) authorised or permitted the conduct that would have constituted the offence; or (b) was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence. Maximum penalty—the penalty for a contravention of the provision by an individual. (5) This section does not affect the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is a member of a group of candidates, for an offence against part 6 or part 9, division 5. (6) A reference in part 6 to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting— (a) on behalf of a group of candidates; and (b) under the group's actual or apparent authority. (7) Also, a reference in part 6 to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of a group of candidates. 43D Validation of ballot paper (1) This section applies if a notice in relation to a group of candidates for an election is given to the electoral commission under section 42, 43 or 43A after noon on the nomination day for the election. (2) A ballot paper is taken to comply with section 55 whether or not the name of the group of candidates is printed adjacent to a candidate's name on the ballot paper. 43E Application of return provisions—candidate stops being member of group of candidates (1) This section applies if— (a) a candidate stops being a member of a group of candidates, for an election, because a change to the membership of the group takes effect under section 43(3); and (b) the group has not been wound up under section 43A. (2) Sections 118(4) and (7), 120(6), (8) and (9) and 125 apply in relation to the group of candidates as if— (a) a reference in section 118(4) to a member of a group of candidates receiving a gift, or not receiving any gifts, included a reference to the candidate mentioned in subsection (1)(a) receiving a gift, or not receiving any gifts, when the candidate was a member of the group; and (b) a reference in section 118(7) or 120(8) or (9) to a member of a group of candidates included a reference to the candidate mentioned in subsection (1)(a); and (c) a reference in section 120(6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to the candidate mentioned in subsection (1)(a) receiving a loan, or not receiving any loans, when the candidate was a member of the group; and (d) a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates included a reference to electoral expenditure incurred, or not incurred, by the candidate mentioned in subsection (1)(a) when the candidate was a member of the group. 43F Application of return provisions—group of candidates that has been wound up (1) This section applies if a group of candidates for an election is wound up under section 43A (a former group). (2) Sections 118(4) and (7), 120(6), (8) and (9) and 125 apply in relation to the former group as if— (a) a reference in the sections to a group of candidates were a reference to the former group; and (b) a reference in the sections to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up; and (c) a reference in section 118(4) to a member of a group of candidates receiving a gift, or not receiving any gifts, were a reference to a candidate who was a member of the former group receiving a gift, or not receiving any gifts, when the candidate was a member of the former group; and (d) a reference in section 118(7) or 120(8) or (9) to a member of a group of candidates were a reference to a candidate who was a member of the former group at any time before the former group was wound up; and (e) a reference in section 120(6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to a candidate who was a member of the former group receiving a loan, or not receiving any loans, when the candidate was a member of the former group; and (f) a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates were a reference to electoral expenditure incurred, or not incurred— (i) by the former group; or (ii) by a candidate who was a member of the former group when the candidate was a member of the former group; and (g) a reference in section 125 to the dedicated account of a group of candidates were a reference to the account that was the dedicated account of the former group before the group was wound up. (3) Also, section 127(5) to (8) applies in relation to the former group as if— (a) a reference in the provision to a group of candidates were a reference to the former group; and (b) a reference in the provision to a member of a group of candidates were a reference to a candidate who was a member of the former group immediately before it was wound up; and (c) a reference in the provision to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up. Division 3 Arrangements for local government elections Subdivision 1 Polls by ballots 44 Poll by ballot A poll must be conducted by ballot taken under this part. 45AA Application for direction that poll be conducted by postal ballot (1) A local government may apply to the Minister for a poll to be conducted by postal ballot in— (a) for an election for all of the local government's area—all of the local government's area or a part or division of the local government's area; or (b) for an election for a division of the local government's area—the division or a part of the division. (2) The application must be made— (a) for a poll for a quadrennial election—before 1 May in the year preceding the quadrennial election or a later day approved by the Minister; or (b) for a poll for a by-election—before the day for holding the by-election is fixed by the returning officer under section 24. 45AB Referral of application to electoral commissioner for recommendation (1) The Minister must refer an application made under section 45AA to the electoral commissioner for the commissioner's recommendation about whether the application should be approved. (2) The electoral commissioner must— (a) consider the application; and (b) give the Minister a written recommendation about whether the application should be approved and the reasons for the recommendation. (3) Before making the recommendation, the electoral commissioner may ask the local government for further information the electoral commissioner reasonably requires to make the recommendation. (4) In making the recommendation, the electoral commissioner must have regard to the following matters— (a) the reasons, stated in the application, why the poll should be conducted by postal ballot; (b) the costs of conducting the poll by postal ballot compared to the costs of conducting the poll using polling booths; (c) the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the area to which the application relates; (d) the population density and distribution in the area to which the application relates; (e) whether a poll has previously been conducted by postal ballot in the area to which the application relates. 45 Direction that poll be conducted by postal ballot (1) After receiving the electoral commissioner's recommendation about an application under section 45AB, the Minister must consider the application and decide to approve or not to approve the application. (2) In deciding whether to approve the application, the Minister must have regard to— (a) the electoral commissioner's recommendation and the reasons for the recommendation; and (b) the matters mentioned in section 45AB(4). (3) The approval may be given for— (a) all the local government's area; or (b) 1 or more divisions of its area; or (c) a part of its area marked on a map. (4) If the approval is given for a part of a local government's area, the local government must— (a) ensure that the public may inspect the relevant map— (i) at the local government's public office; and (ii) on the local government's website; and (b) publish details of the approval on the local government's website, and in other ways the local government considers appropriate. 45A Decisions under this subdivision are not subject to appeal A decision of the Minister or the electoral commissioner under this subdivision is not subject to appeal. Note— See the Judicial Review Act 1991, section 6 in relation to the making of a recommendation for the purposes of that Act. See also section 158. Subdivision 2 Polling booths 46 Kinds of polling booths (1) There are 3 kinds of polling booths— (a) ordinary polling booths; and (b) mobile polling booths; and (c) pre-polling booths. (2) An ordinary polling booth is a building or other structure, or a part of a building or other structure, that the returning officer for an election arranges to be available on polling day for the election to enable electors in general to vote. (3) A mobile polling booth is— (a) all or part of an institution made available as a mobile polling booth under section 49(1); or (b) all or part of a place made available as a mobile polling booth under section 49(2). (4) A pre-polling booth means a place arranged under section 50 as a polling booth for electors to cast a pre-poll vote. 47 Polling booths—general (1) The returning officer for an election— (a) may arrange for a polling booth within or outside the local government area, or division of the local government area, to be used for the election; and (b) may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and (c) must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers. (2) A place on or from which liquor may lawfully be sold can not be used as a polling booth. (3) However, a civic or cultural centre, community hall or similar place under a local government's control, may be used as a polling booth if— (a) the floor area for taking the ballot is designated in the polling notice; and (b) the local government ensures that no liquor will be sold or supplied in that area during the taking of the ballot. (4) The returning officer may arrange for all polling booths, or only particular polling booths, for an election to be used for any other election conducted at the same time for the one local government area. 48 Provision of ordinary polling booths (1) For taking a ballot in an election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote. (2) The returning officer may— (a) less than 3 days before polling day, arrange for an ordinary polling booth to be used; or (b) less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth; only if it is necessary because of circumstances beyond the returning officer's control. (3) If, after publication of the polling notice, the returning officer arranges for the use of an ordinary polling booth, the officer must also publish notice— (a) of the location of the booth; and (b) that the ordinary voting hours of the booth are from 8a.m. to 6p.m. (4) If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must also publish notice of the cancellation. (5) The notice under subsection (3) or (4) is to be given in the way the returning officer considers is the best way to inform electors generally. 49 Declaration of mobile polling booths (1) If the returning officer is satisfied patients or residents of an institution should be able to vote at the institution in a poll, the returning officer may arrange for all or part of the institution to be available as a mobile polling booth to enable the patients or residents to vote there in the poll. (2) If the returning officer is satisfied a part of the local government area or division of the local government area does not have enough electors to justify the use of an ordinary polling booth, the returning officer may arrange for any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll. (3) If the returning officer acts under subsection (1) or (2), the officer must— (a) fix the times, during the period starting 11 days before the polling day and ending at 6p.m. on the polling day, when the mobile polling booth may be used for voting; and (b) publish a notice on the electoral commission's website, and in other ways the returning officer considers appropriate— (i) declaring all or part of the institution or the place as a mobile polling booth for the election; and (ii) stating the times at which votes may be cast at the booth. (4) If the returning officer arranges a place to be available as a mobile polling booth under subsection (2), the returning officer may change the arrangements made for the mobile polling booth under subsection (3) at any time. (5) If the arrangements are changed under subsection (4), the returning officer must take the steps that are practical and appropriate to give public notice of the changed arrangements. (6) The returning officer must give written notice to candidates of the declaration of the mobile polling booth, the times at which votes may be cast at the booth, and any change to the arrangements under subsection (4). (7) On the declaration of a mobile polling booth, the patients or residents of the institution who are electors, or electors resident in the part of the local government area in which the mobile polling booth is situated, may vote at the booth during— (a) the times stated for the booth in the notice published under subsection (3)(b); or (b) if the times have been changed under subsection (4)—the changed times. 50 Declaration of pre-polling booths (1) The returning officer may arrange a place as a polling booth for an election to enable electors to cast a pre-poll vote. (2) A polling booth mentioned in subsection (1) may be located anywhere within or outside the local government area, or division of the local government area, for which the election is to be held. (3) However, the returning officer must ensure a pre-polling booth mentioned in subsection (1) is arranged at 1 of the following places— (a) the public office, or a part of the public office, of the local government for which the election is to be held; (b) another office used by the local government to receive rate payments; (c) another convenient place in the local government's area. (4) Also, the returning officer must— (a) fix the times, during the period starting 14 days before the polling day and ending at 6p.m. on the day immediately before polling day, when the polling booth may be used for voting; and (b) publish a notice on the electoral commission's website, and in other ways the returning officer considers appropriate— (i) declaring the place as a polling booth for the election to enable electors to cast a pre-poll vote; and (ii) stating the times at which votes may be cast at the booth. (5) The returning officer must give written notice to candidates of the declaration of the polling booth and the times at which votes may be cast at the booth. 51 Duty of person in charge of institution (1) If the returning officer arranges for all or part of an institution to be used as an ordinary polling booth for an election, the person in charge of the institution must allow electors and issuing officers to have access to the booth whenever votes may be cast at the booth. (2) If the returning officer declares all or part of an institution as a mobile polling booth for an election, the person in charge of the institution must allow patients or residents of the institution and issuing officers to have access to the booth whenever votes may be cast at the booth. 52 Privacy for electors casting votes at polling booths The returning officer must ensure that each polling booth for an election is provided with enough voting compartments, or other suitable facilities, to allow the casting of votes in private. 52A Suspension of poll (1) The returning officer, or the presiding officer for a polling booth, may suspend the poll at a polling booth on polling day for not more than 4 hours if satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by— (a) a serious threat that a riot or open violence will happen; or (b) circumstances that pose a serious risk to the health or safety of persons at the polling booth; or (c) another emergency. (2) The returning officer, or the presiding officer for the polling booth, must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to cast a vote, including— (a) the time the poll is expected to resume at the polling booth; and (b) the location of other polling booths. (3) The returning officer or the presiding officer for the polling booth must adjourn the conduct of the poll at the polling booth to another day if— (a) for any reason, taking of the poll at the polling booth can not resume on the polling day; or (b) the returning officer or presiding officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to cast a vote at another polling booth. 53 Adjournment of poll (1) The returning officer, or the presiding officer for a polling booth, may adjourn the poll at the polling booth to another day if satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted or obstructed by any of the things stated in subsection (2) to the extent the taking of the poll can not start or continue at the polling booth. (2) For subsection (1), the things are as follows— (a) a storm, flood, fire or a similar happening; (b) a riot or open violence; (c) a serious threat that a riot or open violence will happen; (d) circumstances that pose a serious risk to the health or safety of persons at the polling booth; (e) another emergency. (3) If a poll is adjourned under subsection (1) or section 52A(3), the returning officer must fix a day (no later than 34 days after the day on which the poll is adjourned) for taking, or resuming, the adjourned poll. (4) The returning officer must publish notice of the day fixed for taking, or resuming, the adjourned poll on the electoral commission's website, and in other ways the returning officer considers appropriate. (5) If an adjourned poll is held, only electors who are enrolled in the electoral district for which the polling booth is established and who have not otherwise voted in the election, are entitled to vote. (6) The adjourned poll is taken to have been held on the polling day. Subdivision 3 Ballot boxes, ballot papers and other documents 54 Ballot boxes generally (1) A ballot box used in a poll must—