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The object of this Bill is to amend the Parliamentary Electorates and Elections Act 1912 (the Principal Act) in connection with electoral administration,
redistribution of electoral districts, the conduct of State elections, and associated matters, and in particular to make the following amendments:
(a) with respect to electoral administration:(i) to replace the State Electoral Office with a New South Wales Electoral
Commission, which is to be administered by the Electoral
Commissioner,
(ii) to revise provisions for the appointment, tenure and functions of the
Electoral Commissioner,
(iii) to revise provisions for the appointment and functions of returning
officers,
Parliamentary Electorates and Elections Amendment Bill 2006
Explanatory note
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(iv) to provide for the appointment of polling place managers and election
assistants,
(v) to abolish the position of Principal Returning Officer,
(vi) to transfer the responsibility for carrying out certain duties from
returning officers to the Electoral Commissioner,
(vii) to replace references to deputy returning officers, poll clerks and similar
officials with references to the new categories of election officials,
(b) with respect to electoral redistributions:(i) to make adjustments to the procedures to be followed by the Electoral
Districts Commissioners when preparing a redistribution of electoral
districts,
(ii) to provide for the boundaries of electoral districts to be described by
reference to maps in digital or electronic form,
(c) with respect to overseas electors—to extend to 6 years the period for which
electors may remain enrolled and vote after leaving Australia, with similar
arrangements for spouses and children,
(d) with respect to the joint roll arrangements with the Commonwealth:(i) to ensure that privacy legislation does not affect the furnishing of
information to the Australian Electoral Commission under those
arrangements,
(ii) to provide for local councils to contribute one-half of the amounts
payable by the State to the Commonwealth under those arrangements,
(e) with respect to the electoral rolls:(i) to revise provisions for the inspection of the rolls and the provision of
enrolment information,
(ii) to revise requirements for State agencies to provide information to the
Electoral Commissioner for purposes connected with the rolls,
(iii) to provide that an elector’s date of birth will be included on the roll,
(iv) to provide that particulars of an elector’s occupation will form part of
enrolment information but will not appear on the copies of the rolls
used at elections,
(v) to provide that a person is not entitled to be enrolled or to remain
enrolled if the person, because of unsoundness of mind, is incapable of
understanding the nature and significance of enrolment and voting, but
to require production of a medical certificate before a person’s name
can be removed from the roll on that ground,
(f) with respect to elections for the Legislative Assembly:(i) to provide that the Electoral Commissioner is responsible for the
conduct of elections, and that the returning officer for a district is
responsible to the Electoral Commissioner for the administration of the
election within the district,
(ii) to provide that the writs are to be directed to and returnable by the
Electoral Commissioner,
(iii) to provide that it is the responsibility of the Electoral Commissioner to
give public notice of a writ, the nomination day, polling day and return
day, and the places at which nominations will be received,
(iv) to enable the registered officer of a party to deliver nomination papers
to the Electoral Commissioner up to noon on the day before the day by
which nominations must be made (without affecting the right to deliver
nomination papers to the returning officer up to noon on the day by
which nominations must be made),
(v) to require details of nominations to be placed on the Commission’s
internet website as soon as practicable after they are received,
(vi) to provide for the return of a candidate’s deposit to the registered officer
of the party to which the candidate belongs,
(vii) to provide that it is the responsibility of the Electoral Commissioner to
give public notice of a declaration by the returning officer for a district
that a sole candidate is elected or of an announcement by the returning
officer that a poll will be held because there are two or more candidates,
(viii) to require the suburb, town or other locality of the place of residence of
each nominated candidate to be included in the announcement and
public notice of a poll,
(g) with respect to elections for the Legislative Council:(i) to require details of nominations to be placed on the Commission’s
internet website as soon as practicable after they are received,
(ii) to provide for the return of a candidate’s deposit to the registered officer
of the party to which the candidate belongs or to the nominated person
in the case of a group to which the candidate belongs,
(h) with respect to elections generally:(i) to remove the provision declaring polling day to be a public holiday,
(ii) to enable licensed premises to be used as polling places, subject to
certain restrictions,
(iii) to require assignment of a polling place manager and election assistants
to each polling place,
(iv) to require ballot papers to be initialled on the front instead of being
signed or initialled on the back,
(v) to require electors seeking to vote to state their date of birth, for the
purpose of checking entitlement to vote,
(vi) to provide that the Electoral Commissioner is responsible for preparing
a list of electors who appear not to have voted at an election,
(vii) to require ballot papers and other material relating to an election to be
retained by the Electoral Commissioner for 6 months after polling day
or until the election cannot be challenged or all challenges have been
determined, after which the ballot papers and other material are to be destroyed,
(viii) to provide that a ballot paper is not informal merely because the elector
has placed a number, tick or cross adjacent to but outside the square, if
the elector’s intention is clearly indicated,
(i) with respect to postal voting:(i) to provide for the Electoral Commissioner to be responsible for
administering the scheme for postal voting,
(ii) to revise the provisions relating to the registration of general postal
voters and applications for registration,
(iii) to permit silent electors to be registered as general postal voters,
(iv) to permit any Australian citizen to be an authorised witness for postal
voting outside Australia,
(j) with respect to scrutineers:(i) to revise the provisions relating to the appointment of scrutineers and
the making of declarations by scrutineers,
(ii) to require a scrutineer to present a completed form of appointment and
declaration each day at the place at which he or she will act as scrutineer,
(k) with respect to posters and other printed electoral matter or material:(i) to remove the limit on the size of posters that may be exhibited,
(ii) to revise the provisions relating to the registration of electoral material,
(iii) to authorise returning officers, polling place managers and police
officers to confiscate posters that are illegally exhibited or electoral
material that is being illegally distributed,
(l) with respect to canvassing on polling day—to prohibit canvassing on polling
day within a polling place, at an entrance to a polling place or on any public
or private place within 6 metres of an entrance to a polling place,
(m) with respect to the offence of “electoral treating”—to modernise the
provisions creating the offence,
(n) with respect to polls and elections under other Acts, regulations or
by-laws—to provide for the accreditation by the Electoral Commissioner of
election service providers, who may be appointed under the other legislation
to conduct polls and elections (but not State or local government elections),
(o) to make amendments by way of statute law revision,
(p) to make amendments of a savings or transitional nature,
(q) to make other amendments of a minor, consequential or ancillary nature.The Bill also amends:
(a) the Election Funding Act 1981, to enable applications for registration in the
Register of Candidates to be lodged with the Election Funding Authority of
New South Wales (as an alternative to lodging them with returning officers)
and to make other consequential amendments, and
(b) the Public Sector Employment and Management Act 2002 and the Public
Finance and Audit Act 1983, consequentially on the establishment of the New
South Wales Electoral Commission, and
(c) the Surveying Act 2002, to require the register of public surveys to include
details of the areas of electoral districts, and
(d) other Acts and instruments, to enable accredited election service providers to
be authorised or appointed to conduct polls and elections (but not State or
local government elections).Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.Clause 3 is a formal provision giving effect to the amendments to the Principal Act
set out in Schedules 1–18.Clause 4 is a formal provision giving effect to the amendments to other legislation
set out in Schedule 19.Clause 5 provides for the repeal of the proposed Act after all the amendments have
commenced. Once the amendments have commenced the proposed Act will be
spent and section 30 of the Interpretation Act 1987 provides that the repeal of an
amending Act does not affect the amendments made by that Act.Schedule 1 Amendment of Part 1 of Principal Act
Schedule 1 amends Part 1, which contains introductory matters, including section 3
containing definitions of various terms used in the Principal Act.Definitions
New definitions of terms are inserted, including definitions of Polling place
manager, Election assistant, Election official (to mean a returning officer, polling
place manager or election assistant), and Silent elector (to mean a person whose
residence is not shown on a roll because of a request made under section 38A of
the Principal Act).Schedule 2 Amendment of Part 2 of Principal Act
Schedule 2 amends Part 2, which deals with the distribution of electorates.Amendments include the following:
Procedures for determining boundaries
Substituted section 14 (4) requires the Electoral Districts Commissioners to
complete the first (or only) round of inquiries within 60 days or, at their discretion,
a further 10 days. Substituted section 14 (12) requires the commissioners, after they
have completed the first (or only) round of inquiries to make a final determination,
or a draft determination if their revised proposals are significantly different from
their original proposals. New section 14 (14A) requires the commissioners to
complete the second round of inquiries (into objections to the proposals in the draft
determination) as soon as practicable and, if a period is prescribed, within that
prescribed period. Section 14 (15) is amended to provide that the commissioners
are not required to invite further submissions or hold further inquiries.Maps of electoral districts
New section 14 (16) requires maps of proposed electoral districts to be available
for inspection at the office of the Electoral Commission, at local council offices and
on the Electoral Commission’s internet website.New section 14A requires the Electoral Districts Commissioners to determine the
boundaries of electoral districts by determining the areas of each district. Maps of
electoral districts are to be available in digital or electronic format, and a printed
version is to be lodged with the Surveyor-General.Section 15 is amended to require a printed version of electoral maps to be published
in the Gazette.Schedule 3 Amendment of Part 3 of Principal Act
Schedule 3 amends Part 3, which deals with qualifications of electors. Amendments
include the following:Enrolled persons overseas
Section 20A is amended to permit an enrolled elector who leaves Australia to
remain enrolled and to vote for 6 years (instead of 3 years).Section 20B is amended to permit the spouse and children of an enrolled elector
referred to in section 20A to be enrolled and vote for a similar period.Disqualifications from voting
Section 21 is amended to provide that a person is not entitled to be or remain
enrolled if the person is, because of being of unsound mind, incapable of
understanding the nature and significance of enrolment and voting. Removal of a
person’s name from the roll on that ground is subject to production of a medical
certificate under new section 47 (4).Schedule 4 Substitution of Part 3A of Principal Act
Schedule 4 substitutes Part 3A, which deals with electoral administration.Amendments include the following:
Electoral Commission
New section 21A constitutes the New South Wales Electoral Commission. Its
functions are exercisable by the Electoral Commissioner, and it replaces the State
Electoral Office.Electoral Commissioner
New section 21AA provides for the appointment by the Governor of the Electoral
Commissioner.New section 21AB provides for the initial term of office of an Electoral
Commissioner to be for a period of up to 10 years, with one extension for a further
period of up to 10 years. Current provisions for the Electoral Commissioner to
vacate office on reaching 65 years of age are not included. The office becomes
vacant in certain specified circumstances, including removal following resolutions
of both Houses of Parliament. A person is not eligible for appointment to the office
if he or she is a member of a party or has been a member of a party at any time
during the 5-year period before appointment.New section 21AC provides that the Electoral Commissioner is not subject to the
Public Sector Employment and Management Act 2002 and is entitled to
remuneration under the Statutory and Other Offices Remuneration Act 1975, and
that the Governor may fix the terms and conditions of the Commissioner’s
appointment.New section 21AD provides for the appointment of an acting Electoral
Commissioner to act during the illness or absence of the Electoral Commissioner
or during a vacancy in the office of Electoral Commissioner.Election officials
New section 21AE provides for the appointment of election officials by the
Electoral Commissioner. Election officials are of three kinds: returning officers,
polling place managers and election assistants. Election officials are appointed for
a particular district and for a specified term, which may be for the duration of a
particular election. Their functions are as provided by the Principal Act and as
specified by the Electoral Commissioner.Other officials
New sections 21AI–21AK provide for the appointment of assistants for the
Electoral Commissioner in his or her role as returning officer for Legislative
Council elections, and for the appointment of postal voting officers, deputy postal
voting officers and assistants for postal voting officers.Other provisions
Substituted Part 3A contains other provisions regarding electoral personnel
appointed under the Part. New section 21AM provides for the delegation of the
functions of the Electoral Commission and Electoral Commissioner.Schedule 5 Amendment of Part 3B of Principal Act
Schedule 5 amends Part 3B, which deals with the joint arrangements with the
Commonwealth for electoral rolls. Amendments include the following:Provision of information to Australian Electoral Commission
Section 21B is amended to ensure that privacy legislation does not affect the
furnishing of information to the Australian Electoral Commission under the joint
roll arrangements.Local council contributions
New section 21E provides for local councils to contribute up to one-half of the
amounts payable by the State to the Commonwealth under the joint roll
arrangements. The contribution scheme extends to Lord Howe Island.Schedule 6 Amendment of Part 4 of Principal Act
Schedule 6 amends Part 4, which deals with enrolment and electoral rolls.Amendments include the following:
Particulars of date of birth
Section 26 is amended to add the date of birth of an elector to the particulars to be
included in a roll.Supplemental rolls
Section 29 is amended to omit a provision requiring the preparation and printing
of supplemental rolls, as these are no longer required.Provision of information to Electoral Commissioner
Section 31 is amended to clarify the power of the Electoral Commissioner to obtain
information from State agencies in relation to electoral rolls and persons eligible to be enrolled.Inspection of rolls and provision of enrolment information
New Division 3A (sections 31A–31H) sets out a scheme for the inspection of rolls
and the provision of enrolment information. Current section 30 is accordingly omitted.New section 31A provides that the Electoral Commissioner may determine the
manner and form in which enrolment information (including the inspection of rolls)
is to be provided under the Division. Disclosure of the residence of a silent elector
is specifically prohibited.New section 31B provides for the public inspection of a copy of a district roll as in
force for the last general election or by-election. No fee is payable to inspect the
roll. A person inspecting the roll is not permitted to use a device (such as a
photocopier, camera or voice recorder) to record any contents of the roll, but may
make hand-written notes.New section 31C provides for the provision of enrolment information to registered
parties, members of the Legislative Assembly and Legislative Council, and
candidates for election.New section 31D provides for the provision of enrolment information to other
persons at their request, but the Electoral Commissioner must consider the public
interest before agreeing to such a request. The person receiving the information
must give an undertaking to treat the information confidentially.New section 31E makes it an offence to use enrolment information provided under
the new Division, unless the use is for a permitted purpose.New section 31F makes it an offence to disclose enrolment information provided
under the new Division, unless the disclosure would be for a permitted purpose.The section also makes it an offence to use such information for a commercial
purpose, including selling it or offering it for sale.New section 31G authorises the Electoral Commissioner to provide internet on-line
access to information on a roll for the purpose of allowing a person to ascertain
whether or not he or she is correctly enrolled, subject to such security measures as
the Commissioner considers necessary.New section 31H makes it clear that the new Division does not apply to the
provision of enrolment information to the Australian Electoral Commission.Enrolment at an address
Section 33 is amended to provide that enrolment is for an address in a subdivision
rather than just for the subdivision.Removal of name from roll
Section 47 is amended to provide that a medical certificate is needed before a
person’s name can be removed from a roll on the ground that the person, because
of unsoundness of mind, is incapable of understanding the nature and significance
of enrolment and voting, and that the person’s name can be removed on this ground
even after the issue of the writ for an election.Schedule 7 Amendment of Divisions 1A–7 of Part 5 of Principal Act
Schedule 7 amends Divisions 1A–7 of Part 5. That Part deals with the conduct of
elections. Amendments include the following:Writs for elections
Section 72 is amended to provide that the writ for the return of a member to serve
in the Legislative Assembly is to be directed to the Electoral Commissioner instead
of the returning officer for the district concerned.Substituted sections 74 and 74D set out the duties of the Electoral Commissioner
on receipt of a writ for an Assembly or Council election, including the giving of
public notice of the writ and the places for receiving nominations.Electoral Commissioner’s responsibility for general conduct of elections
New sections 75 and 76 set out the overall responsibility of the Electoral
Commissioner in the general conduct of Assembly and Council elections. The
sections replace other provisions in Part 5.Nomination of Assembly candidates
Section 79 is amended to provide a candidate is nominated for the Legislative
Assembly by delivering a nomination paper (in the case of a nomination made by
the registered officer of a party) to the Electoral Commissioner up to noon on the
day before the final day for making nominations or (in any case) to the returning
officer for the district concerned up to noon on that final day.Section 79 is also amended to require details of a candidate’s name, the district for
which the candidate is nominated and the suburb, town or other locality of the
candidate’s place of residence to be placed on the Commission’s internet website
as soon as the candidate’s nomination for election to the Legislative Assembly is received.Deposit for Assembly candidate
Section 79 is amended to revise the provisions requiring a deposit to be made for
an Assembly candidate, and to provide for the return of the candidate’s deposit to
the registered officer of the party to which a candidate belongs if the candidate was
nominated by the registered officer.Withdrawal of nomination by Assembly candidate
Section 79A is amended to provide that an Assembly candidate’s notice of
withdrawal of nomination is to be delivered to the official (ie the Electoral
Commissioner or returning officer) to whom the original nomination paper was delivered.Procedure where only one candidate nominated for Assembly election
Substituted section 80 provides that, where only one candidate is nominated for a
district at an Assembly election, the returning officer is to declare the candidate
elected and notify the Electoral Commissioner of the outcome. The Electoral
Commissioner is then responsible for publishing the declaration in a newspaper and
for the return of the writ.Procedure where two or more candidates nominated for Assembly election
Substituted section 81 provides that, where two or more candidates are nominated
for a district at an Assembly election, the returning officer is to announce that a poll
will be taken, the name of each candidate and the suburb, town or other locality
where each candidate resides.Nomination of Council candidates
Section 81B is amended to require details of a candidate’s name and the suburb,
town or other locality of the candidate’s place of residence to be placed on the
Commission’s internet website as soon as the candidate’s nomination for election
to the Legislative Council is received.Deposit for Council candidate
Section 81F is amended to revise the provisions requiring a deposit to be made for
a Council candidate, and to provide for the return of the candidate’s deposit, if it
is returnable, to:• the registered officer of the party to which the candidate belongs, if the
candidate was nominated by the registered officer, or
• a nominated person in the case of a group to which the candidate belongs, if
all the members of the group nominate the same person.In any other case, a returnable deposit is to be returned to the candidate, a person
authorised by the candidate to receive it, or the candidate’s personal representatives.Provision of ballot papers for Assembly elections
Section 82 is amended to provide that the Electoral Commissioner is responsible
for providing ballot papers for Assembly elections.Division of booths according to alphabetical list of names
Section 85 is amended to remove the provision for assigning polling booths
according to the alphabetical order of the names of electors.Licensed premises
Section 85 is amended to enable licensed premises to be used as polling places, but
only if:• liquor will not be available on polling day in the area where polling will take
place, and
• that area will be segregated from any place where liquor will be sold, and
• access to that area will not involve passing through any place where liquor
will be available.Assignment of polling place managers and election assistants at polling places
Substituted section 87 requires the returning officer to assign a polling place
manager to each polling place, and requires the returning officer or polling place
manager to assign at least one election assistant to each polling place. The returning
officer may assign himself or herself to a polling place to act as polling place
manager, if authorised to do so by the Electoral Commissioner.Declarations by returning officers and others
Section 88 is repealed. It provides for the making of declarations by returning
officers and other officials, and is replaced by new section 21AO.Ballot papers to be initialled on front
Section 89 is amended to require ballot papers to be initialled on the front.Scrutineers
Section 91 is repealed. It provides for the making of declarations by scrutineers.New section 137 contains provisions relating to the appointment of and declarations
by scrutineers.Schedule 8 Amendment of Division 8 of Part 5 of
Principal Act
Schedule 8 amends Division 8 of Part 5. Amendments include the following:Public holiday on polling day
Section 92 as currently in force is repealed. It provides for a half-day holiday on
polling day. It is replaced by a provision relating to election assistants being
authorised to exercise functions under Division 8.Persons who may be present at polling place
Section 93 is amended to revise the provisions relating to who may be present at
a polling place during the taking of a poll, and in particular removes the ceiling on
the number of voters who may be present at any one time.Polling places outside district
Section 98 is amended to make it the responsibility of the Electoral Commissioner
to appoint polling places for a district outside the area of the district, for the
convenience of a large number of electors, and to dispense with the restriction on
abolishing such a polling place during an election period.Questions to be asked of electors
Section 99 is amended to require electors intending to vote to answer the question
“What is your date of birth?”.Maintaining order
Section 114 is amended to enable returning officers and polling place managers to
give directions to maintain order at an election. It will be an offence to contravene
such a direction without lawful authority.Schedule 9 Amendment of Division 9 of Part 5 of
Principal Act
Schedule 9 amends Division 9 of Part 5. Division 9 deals with postal voting.Amendments include the following:
Parliamentary Electorates and Elections Amendment Bill 2006
Explanatory note
Explanatory note page 14
Applications for postal voting
Section 114A is amended to enable applications for postal ballot papers to be made
to and granted by the Electoral Commissioner as well as returning officers, and to
add silent electors to the categories of persons who can apply for and be granted
postal ballot papers.Registration of general postal voters
Section 114AA is amended to extend the categories of persons who can apply for
registration as general postal voters to include silent electors, carers of seriously ill
or infirm persons and certain members of religious orders, and to provide that an
Australian (rather than just a locally registered) medical practitioner can provide a
medical certificate as to an applicant’s physical incapacity. Section 114AA (18) is
amended to permit the Electoral Commissioner to exercise all or any functions of
a registrar under the section.Schedule 10 Amendment of Divisions 10–12 of Part 5 of
Principal Act
Schedule 10 amends Divisions 10,11,11A and 12 of Part 5. Amendments include
the following:Voting before polling day (Division 10)
Division 10 (sections 114P–114Z) is revised in connection with voting before
polling day.Sections 114P and 114Q are amended to revise the procedure for voting before
polling day, and to add silent electors to the categories of persons who can apply
for permission to vote before polling day.Section 114R is repealed. It provides for the public inspection of applications for
permission to vote before polling day.Section 114U (2) and (3) are substituted and authorise a scrutineer to be present,
at any part of a place in which voting before polling day takes place, during the
ordinary business hours of that place on that day.Section 114U (5) and (6) are repealed. Those subsections provide for the making
of declarations by scrutineers. New section 137 contains provisions relating to the
appointment of and declarations by scrutineers.Voting outside the State by post (Division 11)
Division 11 (sections 114ZA–114ZL) is revised in connection with voting outside
the State by post.Parliamentary Electorates and Elections Amendment Bill 2006
Explanatory note
Explanatory note page 15
Voting before polling day at declared institutions (Division 11A)
Division 11A (sections 114ZM–114ZY) is revised in connection with pre-poll
voting in nursing homes and other declared institutions.New section 114ZR (6A) and (6B) provide a scheme for enabling electors to view
“how to vote” electoral material when they are about to engage in pre-poll voting
in declared institutions.Absent voters (Division 12)
Division 12 (sections 115–119) is revised in connection with absent voters.Schedule 11 Amendment of Divisions 13 and 13A of
Part 5 of Principal Act
Schedule 11 amends Divisions 13 and 13A of Part 5.List of voters failing to vote
Substituted section 120B makes the Electoral Commissioner responsible for
preparing a list of the names of enrolled electors who did not vote.Schedule 12 Amendment of Divisions 14 and 14A of
Part 5 of Principal Act
Schedule 12 amends Divisions 14 and 14A of Part 5, which provide for the
procedure to be followed after the close of poll. Amendments include the
following:Certain ballot papers not informal
Sections 122A and 129F are amended to provide that a ballot paper is not informal
merely because the elector has placed a number, tick or cross adjacent to but
outside the square, if the elector’s intention is clearly indicated.Keeping and destruction of ballot papers and other material
Sections 127 and 129H are amended to require ballot papers and other material
relating to an election to be retained by the Electoral Commissioner for 6 months
after polling day or until the election cannot be challenged or all challenges have
been determined, after which the ballot papers and other material are to be
destroyed.Parliamentary Electorates and Elections Amendment Bill 2006
Explanatory note
Explanatory note page 16
Schedule 13 Amendment of Divisions 15–17 of Part 5 of
Principal Act
Schedule 13 amends Divisions 15–17 of Part 5. Amendments include the
following:Scrutineers
New section 137 makes provision for scrutineers appointed under other sections of
the Principal Act. There will be a single form for scrutineers, containing the form
of appointment of the scrutineer and the form of declaration to be made by the
scrutineer. The completed form, or a copy of it signed by the scrutineer, is to be
presented each day at the place at which the scrutineer intends to act as scrutineer.Electoral treating
Substituted section 149 and amended section 150 modernise the offence of
“electoral treating”.Posters—size and removal
Section 151B is amended to remove the prohibition on the size of posters that may
be exhibited.Substituted section 151D provides for the removal and confiscation of illegally
exhibited posters by electoral officials (within a polling place or within 6 metres of
an entrance to a polling place) or by police officers (in any place).Distribution of electoral material on polling day
Section 151F is amended to widen the scope of the unregistered electoral material
that is not to be distributed on polling day, and provides protection for newspaper
vendors.Registration of electoral material
Section 151G is amended to revise the procedures for the registration of electoral
material by the Electoral Commissioner and widens the scope of the material to
which they apply.Canvassing near polling places
New section 151H (1) prohibits canvassing for votes or a similar activity on polling
day within a polling place, at the entrance to a polling place or within 6 metres of
an entrance to a polling place. New section 151H (2) prohibits the use of loud
speakers or similar equipment on polling day for canvassing for votes or a similar
activity, if the activity is audible within a polling place, at the entrance to a polling
place or within 6 metres of an entrance to a polling place.Electoral material—confiscation
New section 151I provides for the confiscation of electoral material being illegally
distributed on polling day. The confiscation is to be effected by electoral officials
Parliamentary Electorates and Elections Amendment Bill 2006
Explanatory note
Explanatory note page 17
(within a polling place, within 6 metres of an entrance to a polling place or in the
vicinity of a polling place) or by police officers (in any place).Application of new sections 151D, 151H and 151I
New section 151J provides that, for the purposes of sections 151D, 151H and 151I,
the grounds of a building used as a polling place are not part of the polling place
unless they are designated as such by the Electoral Commissioner when appointing
the polling place or by the returning officer by notice on election day.Schedule 14 Amendment of Division 18 of Part 5 of
Principal Act
Schedule 14 amends Division 18 of Part 5. Amendments include the following:Administrative arrangements relating to voting in Antarctica
Division 18 (sections 154AA–154AP) is amended to make minor amendments to
the administrative arrangements relating to voting in Antarctica.Schedule 15 Insertion of Part 6A into Principal Act
Schedule 15 inserts Part 6A, which deals with accredited election service providers.Accreditation of election service providers
New Part 6A (sections 175K–175M) provides a scheme for the accreditation by the
Electoral Commissioner of persons as election service providers. Other legislation
(including the Acts, regulations and by-laws to be amended by Schedule 19 to the
proposed Act) may in the future contain provisions for authorising or appointing
accredited election service providers to conduct elections and polls under the other
legislation. State and local government elections are not affected.New section 175K contains accreditation provisions, and authorises regulations to
be made in connection with the accreditation scheme. The Electoral Commission
and the Australian Electoral Commission are taken to be accredited until regulations
provide otherwise.New section 175L allows a Minister to authorise or appoint an accredited election
service provider for the purposes of the other legislation referred to above, if
satisfied that there is or will be no provider to conduct or complete the election or
poll. This could occur, for example, if a board with the responsibility for
authorising or appointing the provider has not come into existence or has ceased to
exist or to function. The section would operate only if there were no provision
made for such a contingency in the other legislation.Parliamentary Electorates and Elections Amendment Bill 2006
Explanatory note
Explanatory note page 18
New section 175M provides that the additional powers implied under section 47
of the Interpretation Act 1987 in relation to appointments extend to authorisations
and appointments of accredited election service providers under the other
legislation referred to above.Schedule 16 Amendment of Part 7 of Principal Act
Schedule 16 amends Part 7, which contains miscellaneous provisions. Amendments
include the following:Destruction of ballot papers and other documents
New section 176A states that any provision of the Principal Act that provides for
the destruction of ballot papers or other documents has effect despite section 21 of
the State Records Act 1998. The section is inserted to ensure that section 21 of that
Act does not operate to prevent or restrict the destruction of that material. Section
21 (7) of that Act provides that “[a]n Act enacted after the commencement of this
section is not to be interpreted as prevailing over or otherwise altering the effect or
operation of this section except in so far as that Act provides expressly for that Act
to have effect despite this section”. The new section 176A is expressed in terms of
that subsection.Institution of proceedings for offences
Substituted section 183 provides that proceedings for an offence against the
Principal Act or the regulations may be dealt with summarily before a Local Court
(in which case the maximum monetary penalty that can be imposed is 200 penalty
units) or the Supreme Court, and may be instituted by any person.Schedule 17 Amendment of Principal Act—Schedules
Schedule 17 amends, omits and inserts certain Schedules.Ballot paper for Assembly elections
Substituted Schedule 4 sets out a single form for ballot papers for elections for the
Legislative Assembly. It replaces the forms currently set out in Schedules 4 and 15,
the latter being the form for postal ballot papers. Schedule 15 is accordingly omitted
(with corresponding amendments to sections 114D and 114ZB).Ballot paper for Council elections
Schedules 4A and 15A set out the form for ballot papers for elections for the
Legislative Council, the latter being the form for postal ballot papers. Schedule 15A
is omitted so that Schedule 4A (with corresponding amendments to sections 114D
and 114ZB) sets out a single form for ballot papers for the Council. This does not
Parliamentary Electorates and Elections Amendment Bill 2006
Explanatory note
Explanatory note page 19
affect Form 5 in the Parliamentary Electorates and Elections Regulation 2001,
which sets out the form to be used in Council elections for which there are more
than 33 groups. Minor amendments are also made to Schedule 4A.Savings, transitional and other provisions
New Schedule 22 contains savings, transitional and other provisions, including the
following:• Regulations of a savings or transitional nature are authorised to be made
(clause 1).• The person holding office as Electoral Commissioner immediately before the
commencement of new section 21AA is taken to have been appointed as
Electoral Commissioner for a term of 10 years from that commencement, and
will be eligible for re-appointment for a further term of up to 10 years
(clause 4).• Any current appointments of returning officers are terminated (clause 5).
Schedule 18 Amendment of Principal Act—general
Schedule 18 makes certain minor amendments to the whole Act.Consistency of terms
Consistency in spelling is promoted by removing hyphens in the terms “ballot-box”,
“ballot-paper”, “nomination-paper”, “polling-day”, “polling-place”, and associated
terms, wherever occurring in the Principal Act.Schedule 19 Amendment of other legislation
The Election Funding Act 1981 is amended to enable applications for registration
in the Register of Candidates to be lodged with the Election Funding Authority of
New South Wales (as an alternative to lodging them with returning officers) and to
make other consequential amendments.The Local Government (General) Regulation 2005 is amended to enable a
candidate at a local government election to be provided with enrolment
information, and places restrictions on its use.The Public Sector Employment and Management Act 2002 and the Public Finance
and Audit Act 1983 are amended consequentially on the establishment of the New
South Wales Electoral Commission. References to the State Electoral Office are
replaced by references to the Electoral Commission.Parliamentary Electorates and Elections Amendment Bill 2006
Explanatory note
Explanatory note page 20
The Surveying Act 2002 is amended to require the register of public surveys kept
under that Act to include details of the areas of electoral districts as determined by
the Electoral Districts Commissioners.Other Acts and instruments are amended to enable accredited election service
providers to be authorised or appointed to conduct polls and elections (but not State
or local government elections).
Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.