LOCAL GOVERNMENT LEGISLATION AMENDMENT BILL 2014

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LOCAL GOVERNMENT LEGISLATION AMENDMENT BILL 2014

Queensland Local Government Legislation Amendment Bill 2014

Queensland Local Government Legislation Amendment Bill 2014 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of City of Brisbane Act 2010 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 154 (Disqualification of prisoners). . . . . . . . . . . 8 5 Amendment of s 216 (Administrators who act honestly and without negligence are protected from liability). . . . . . . . . . . . . . . . . . . . . 9 6 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 3 Amendment of Local Government Act 2009 7 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Amendment of s 154 (Disqualification of prisoners). . . . . . . . . . . 10 9 Amendment of s 235 (Administrators who act honestly and without negligence are protected from liability). . . . . . . . . . . . . . . . . . . . . 10 10 Omission of ss 260A-260E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Amendment of s 260F (Implementation) . . . . . . . . . . . . . . . . . . . 10 12 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 4 Amendment of Local Government Electoral Act 2011 13 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Amendment of s 7 (Meaning of conclusion of local government election) ....................................... 11 15 Replacement of s 9 (Returning officers). . . . . . . . . . . . . . . . . . . . 12 9 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9A Responsibility of returning officers . . . . . . . . . . . . . . . 14 17 Amendment of s 10 (Assistant returning officers) . . . . . . . . . . . . 14 18 Amendment of s 11 (Presiding officers) . . . . . . . . . . . . . . . . . . . . 15

Local Government Legislation Amendment Bill 2014 Contents 19 Amendment of s 12 (Issuing officers) . . . . . . . . . . . . . . . . . . . . . . 15 20 Insertion of new ss 12A and 12B . . . . . . . . . . . . . . . . . . . . . . . . . 16 12A CEO returning officer may appoint persons to carry out relevant duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12B Appointments made by CEO returning officer . . . . . . 16 21 Amendment of pt 3, hdg (Voters rolls) . . . . . . . . . . . . . . . . . . . . . 17 22 Insertion of pt 3, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 23 Amendment of s 17 (Returning officer must compile voters roll) . 17 24 Amendment of s 18 (Cut off day for compiling voters roll) . . . . . . 18 25 Amendment of s 19 (Requirements of voters roll) . . . . . . . . . . . . 18 26 Amendment of s 21 (Supply of voters roll to candidates) . . . . . . . 18 27 Insertion of new pt 3, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2 Register of special postal voters 21A Electoral commission to keep register of special postal voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 28 Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 24A Plan for election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 29 Amendment of s 25 (Calling for nominations) . . . . . . . . . . . . . . . 21 30 Amendment of s 27 (How and when nomination takes place) . . . 21 31 Amendment of s 28 (Grounds for deciding a person is not properly nominated) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 32 Omission of s 31 (Certification of nominations) . . . . . . . . . . . . . . 23 33 Amendment of s 32 (Announcement of nominations) . . . . . . . . . 23 34 Amendment of s 39 (Deposit to accompany nomination). . . . . . . 23 35 Amendment of s 40 (Disposal of deposits generally) . . . . . . . . . . 24 36 Amendment of s 41 (Record of membership in group of candidates) 24 37 Amendment of s 45 (Direction that poll be conducted by postal ballot) ........................................... 24 38 Amendment of s 46 (Kinds of polling booths). . . . . . . . . . . . . . . . 25 39 Amendment of s 49 (Declaration of mobile polling booths) . . . . . 25 40 Amendment of s 50 (Declaration of early polling booths). . . . . . . 26 41 Amendment of s 51 (Duty of person in charge of institution) . . . . 27 42 Amendment of s 55 (Requirements of ballot papers) . . . . . . . . . . 27 43 Amendment of s 56 (Ballot papers for separate polls) . . . . . . . . . 28 44 Amendment of s 58 (Distribution of ballot papers) . . . . . . . . . . . . 29 45 Replacement of ss 59-62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 59 Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Page 2

Local Government Legislation Amendment Bill 2014 Contents 46 Amendment of s 59 (Scrutineers). . . . . . . . . . . . . . . . . . . . . . . . . 31 47 Amendment of s 64 (Who may vote) . . . . . . . . . . . . . . . . . . . . . . 31 48 Amendment of s 65 (System of voting) . . . . . . . . . . . . . . . . . . . . 31 49 Amendment of s 67 (Ways in which to cast votes) . . . . . . . . . . . . 32 50 Amendment of s 68 (Who may cast votes in particular ways) . . . 32 51 Amendment of s 69 (Who must complete a declaration envelope) 34 52 Amendment of s 70 (Casting an ordinary vote) . . . . . . . . . . . . . . 34 53 Omission of s 71 (Casting a pre-poll vote) . . . . . . . . . . . . . . . . . . 35 54 Amendment of s 72 (Casting a postal vote) . . . . . . . . . . . . . . . . . 35 55 Amendment of s 73 (Voting hours for polling booths). . . . . . . . . . 36 56 Amendment of s 75 (Particular responsibilities of issuing officers when electors cast ordinary or pre-poll votes) . . . . . . . . . . . . . . . 36 57 Insertion of new pt 4, div 5, sdiv 2A . . . . . . . . . . . . . . . . . . . . . . . 37 Subdivision 2A Electronically assisted voting 75A Prescribed procedures for electronically assisted voting 37 75B Audit of electronically assisted voting for an election . 38 75C Protection of information technology . . . . . . . . . . . . . 39 75D Electoral commissioner may decide electronically assisted voting is not to be used. . . . . . . . . . . . . . . . . . . . . . . . 39 75E Review of electronically assisted voting . . . . . . . . . . . 40 58 Amendment of s 77 (Arrangements for electoral visitor voting) . . 40 59 Amendment of s 78 (Help for electors voting) . . . . . . . . . . . . . . . 41 60 Amendment of s 79 (Applications to cast postal votes in local government elections that are not postal ballot elections) . . . . . . 41 61 Amendment of s 80 (Distribution of ballot papers to electors for postal ballot elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 62 Amendment of s 81 (Applications to cast postal votes in postal ballot elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 63 Amendment of s 82 (Distribution of ballot papers to particular electors whose address has been omitted from a voters roll) . . . . . . . . . . 44 64 Amendment of s 83 (How electors must record a vote on a ballot paper--optional-preferential voting) . . . . . . . . . . . . . . . . . . . . . . . 45 65 Amendment of s 84 (How electors must record a vote on a ballot paper--first-past-the-post voting) . . . . . . . . . . . . . . . . . . . . . . . . . 46 66 Amendment of s 86 (Formal and informal ballot papers--optional-preferential voting) . . . . . . . . . . . . . . . . . . . . . . 47 67 Amendment of s 87 (Formal and informal ballot papers--first-past-the-post voting) . . . . . . . . . . . . . . . . . . . . . . . . 47 Page 3

Local Government Legislation Amendment Bill 2014 Contents 68 Amendment of s 89 (Preliminary processing of declaration envelopes--general) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 69 Omission of s 90 (Preliminary processing of declaration envelopes--postal ballot election) . . . . . . . . . . . . . . . . . . . . . . . . 48 70 Amendment of s 92 (Preliminary counting of ordinary votes). . . . 48 71 Omission of s 94 (Receipt of things given to returning officer) . . . 48 72 Insertion of new s 96A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 96A Re-counting of votes. . . . . . . . . . . . . . . . . . . . . . . . . . 48 73 Amendment of s 98 (Counting of votes for first-past-the-post system) 49 74 Amendment of s 100 (Notifying the results of an election). . . . . . 49 75 Amendment of s 103 (Notice to electors whose ballot papers are not accepted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 76 Omission of s 113 (Disclosure period for candidates who are councillors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 77 Amendment of s 114 (Disclosure period for candidates who were previously candidates in a local government election) . . . . . . . . . 50 78 Amendment of s 115 (Disclosure period for new candidates) . . . 51 79 Amendment of s 116 (Disclosure period for groups of candidates) 51 80 Insertion of new s 116A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 116A Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 81 Amendment of s 117 (Gifts to candidates) . . . . . . . . . . . . . . . . . . 52 82 Amendment of s 118 (Gifts to groups of candidates) . . . . . . . . . . 52 83 Amendment of s 120 (Loans to candidates or groups of candidates) 52 84 Amendment of s 122 (Electoral commission to give reminder notice to candidates). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 85 Amendment of s 123 (Definition for div 4) . . . . . . . . . . . . . . . . . . 53 86 Amendment of s 124 (Third party expenditure for political activity) 53 87 Amendment of s 125 (Gifts received by third parties to enable expenditure for political activity) . . . . . . . . . . . . . . . . . . . . . . . . . . 53 88 Amendment of s 128 (Register of gifts) . . . . . . . . . . . . . . . . . . . . 54 89 Insertion of new pt 6, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 6A Authorised officers under pt 6 130A Functions and powers of authorised officers etc. . . . . 54 90 Replacement of s 131 (Statement about returns) . . . . . . . . . . . . 56 131 Inability to complete returns . . . . . . . . . . . . . . . . . . . . 56 91 Amendment of s 134 (Noncompliance with part does not affect election) ....................................... 58 92 Omission of s 135 (Definitions for div 1). . . . . . . . . . . . . . . . . . . . 58 Page 4

Local Government Legislation Amendment Bill 2014 Contents 93 Amendment of s 138 (Requirements for an application to be effective) ........................................ 58 94 Amendment of s 145 (Restrictions on particular orders) . . . . . . . 58 95 Omission of s 160 (Evidentiary value of list under s 164) . . . . . . 59 96 Amendment of s 163 (Evidentiary provisions) . . . . . . . . . . . . . . . 59 97 Omission of s 164 (List of electors failing to vote) . . . . . . . . . . . . 59 98 Replacement of s 165 (Notice about failure to vote) . . . . . . . . . . 59 165 Notice about failure to vote. . . . . . . . . . . . . . . . . . . . . 59 99 Amendment of s 166 (Payments for failure to vote) . . . . . . . . . . . 60 100 Omission of s 167 (Recording response to notice) . . . . . . . . . . . 61 101 Amendment of s 168 (Failure to vote) . . . . . . . . . . . . . . . . . . . . . 61 102 Amendment of s 169 (False or misleading information) . . . . . . . . 62 103 Amendment of s 173 (Obstructing electors). . . . . . . . . . . . . . . . . 62 104 Amendment of s 175 (Forged electoral papers) . . . . . . . . . . . . . . 63 105 Insertion of new s 176A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 176A Confidentiality of information . . . . . . . . . . . . . . . . . . . 63 106 Amendment of s 177 (Author of election material must be named) 63 107 Amendment of s 178 (Distribution of how-to-vote cards) . . . . . . . 64 108 Amendment of s 179 (Giving of how-to-vote cards to returning officer) ......................................... 65 109 Amendment of s 185 (Canvassing in or near polling booths). . . . 66 110 Amendment of s 191 (Failure to post, fax or deliver documents for someone else) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 111 Amendment of s 201 (Designated election offences and application of Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 112 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Part 5 Minor and consequential amendments 113 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 70 City of Brisbane Act 2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Local Government Electoral Act 2011 . . . . . . . . . . . . . . . . . . . . . 71 Page 5

2014 A Bill for An Act to amend the City of Brisbane Act 2010, the Local Government Act 2009 and the Local Government Electoral Act 2011 for particular purposes, and to make minor and consequential amendments of the Acts as stated in schedule 1

Local Government Legislation Amendment Bill 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Local Government Legislation 4 Amendment Act 2014. 5 Clause 2 Commencement 6 The following provisions commence on a day to be fixed by 7 proclamation-- 8 (a) sections 5, 6, 9 and 12; 9 (b) parts 4 and 5; 10 (c) schedule 1. 11 Part 2 Amendment of City of Brisbane 12 Act 2010 13 Clause 3 Act amended 14 This part amends the City of Brisbane Act 2010. 15 Note-- 16 See also schedule 1. 17 Clause 4 Amendment of s 154 (Disqualification of prisoners) 18 Section 154(2)-- 19 insert-- 20 Page 8

Local Government Legislation Amendment Bill 2014 Part 3 Amendment of Local Government Act 2009 [s 5] (c) would be serving a term of imprisonment 1 had the term of imprisonment not been 2 suspended under the Penalties and 3 Sentences Act 1992, section 144. 4 Clause 5 Amendment of s 216 (Administrators who act honestly 5 and without negligence are protected from liability) 6 Section 216(1), `Act,'-- 7 omit, insert-- 8 Act or the Local Government Electoral Act 2011, 9 Clause 6 Amendment of sch 1 (Dictionary) 10 (1) Schedule 1, definition conclusion-- 11 omit. 12 (2) Schedule 1-- 13 insert-- 14 conclusion, of the election of a councillor, see 15 the Local Government Electoral Act 2011, 16 section 7. 17 Part 3 Amendment of Local 18 Government Act 2009 19 Clause 7 Act amended 20 This part amends the Local Government Act 2009. 21 Note-- 22 See also schedule 1. 23 Page 9

Local Government Legislation Amendment Bill 2014 Part 3 Amendment of Local Government Act 2009 [s 8] Clause 8 Amendment of s 154 (Disqualification of prisoners) 1 Section 154(2)-- 2 insert-- 3 (c) would be serving a term of imprisonment 4 had the term of imprisonment not been 5 suspended under the Penalties and 6 Sentences Act 1992, section 144. 7 Clause 9 Amendment of s 235 (Administrators who act honestly 8 and without negligence are protected from liability) 9 Section 235(1), `Act,'-- 10 omit, insert-- 11 Act or the Local Government Electoral Act, 12 Clause 10 Omission of ss 260A-260E 13 Sections 260A to 260E-- 14 omit. 15 Clause 11 Amendment of s 260F (Implementation) 16 (1) Section 260F, heading-- 17 omit, insert-- 18 260F Regulation-making power for implementation 19 of de-almagamations 20 (2) Section 260F, before subsection (1)-- 21 insert-- 22 (1AA) A de-amalgamation of a local government area 23 is the separation of the area into different local 24 government areas, each to be governed by its own 25 local government. 26 (3) Section 260F(1), `the de-amalgamation of the'-- 27 omit, insert-- 28 Page 10

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 12] a de-amalgamation of a 1 (4) Section 260F(1AA) to (5)-- 2 renumber as section 260F(1) to (6). 3 (5) Section 260F, as amended-- 4 relocate and renumber, in chapter 7, part 6, as section 270A. 5 Clause 12 Amendment of sch 4 (Dictionary) 6 (1) Schedule 4, definition conclusion-- 7 omit. 8 (2) Schedule 4-- 9 insert-- 10 conclusion, of the election of a councillor, see 11 the Local Government Electoral Act, section 7. 12 Part 4 Amendment of Local 13 Government Electoral Act 2011 14 Clause 13 Act amended 15 This part amends the Local Government Electoral Act 2011. 16 Note-- 17 See also schedule 1. 18 Clause 14 Amendment of s 7 (Meaning of conclusion of local 19 government election) 20 (1) Section 7(a), (b)(i) and (c)(i), from `as required'-- 21 omit, insert-- 22 under section 100(2)(a); or 23 Page 11

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 15] (2) Section 7-- 1 insert-- 2 (2) In this section-- 3 declaration, of a poll, means the declaration by 4 the electoral commission of the result of the poll 5 under section 100(1). 6 Clause 15 Replacement of s 9 (Returning officers) 7 Section 9-- 8 omit, insert-- 9 9 Returning officer 10 (1) The chief executive officer of the local 11 government for which an election is to be held is 12 the returning officer for the election. 13 (2) However, subsection (1) does not apply for the 14 election if-- 15 (a) the electoral commissioner is satisfied that, 16 immediately before the notification day, the 17 chief executive officer is a member of a 18 political party, regardless of whether the 19 chief executive officer stops being a member 20 of the political party before the conclusion 21 of the election; or 22 (b) the electoral commissioner is satisfied that 23 the chief executive officer has become a 24 member of a political party at any time on or 25 after the notification day and before the 26 conclusion of the election; or 27 (c) the chief executive officer gives the electoral 28 commission a withdrawal notice under 29 subsection (3); or 30 (d) the electoral commission gives the chief 31 executive officer a removal notice under 32 subsection (4). 33 Page 12

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 15] (3) The chief executive officer may, before the 1 notification day, give the electoral commissioner 2 a written notice (a withdrawal notice) stating the 3 chief executive officer will not undertake the role 4 of returning officer for the election. 5 (4) The electoral commission may, at any time, give 6 the chief executive officer a written notice (a 7 removal notice) stating the chief executive 8 officer will not undertake the role of returning 9 officer for the election. 10 (5) However, the electoral commission may give a 11 removal notice only if satisfied that the chief 12 executive officer-- 13 (a) is unable to discharge the functions of a 14 returning officer, whether because of illness, 15 absence or otherwise; or 16 (b) has failed to comply with a direction given 17 to the officer under section 9A(2). 18 (6) If subsection (1) does not apply for the election, 19 the electoral commission must appoint another 20 person as the returning officer for the election. 21 (7) A person must not be appointed under subsection 22 (6) if the person is-- 23 (a) a minor; or 24 (b) a member of a political party. 25 (8) If the chief executive officer gives a withdrawal 26 notice before the notification day, the notice is, 27 on and from the notification day, binding on the 28 chief executive officer, and any subsequent chief 29 executive officer, for the election. 30 (9) In this section-- 31 notification day, for an election, means-- 32 (a) the following day-- 33 Page 13

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 16] (i) for a quadrennial election--1 July in 1 the year before the election; 2 (ii) for a by-election--5 business days 3 after the vacancy of the office of a 4 councillor occurs; 5 (iii) for a fresh election--5 business days 6 after a regulation directs that a fresh 7 election be held under section 105; or 8 (b) a later day approved by the electoral 9 commission. 10 Clause 16 Insertion of new s 9A 11 After section 9-- 12 insert-- 13 9A Responsibility of returning officers 14 (1) The returning officer is responsible for the proper 15 conduct of an election. 16 (2) The returning officer must comply with a 17 direction, given by the electoral commission, for 18 the proper conduct of the election. 19 (3) If the returning officer is the chief executive 20 officer, the returning officer must not delegate a 21 function or power of the returning officer under 22 this Act. 23 Clause 17 Amendment of s 10 (Assistant returning officers) 24 (1) Section 10(2)-- 25 omit, insert-- 26 (2) The following entity may appoint a person as an 27 assistant returning officer for an election-- 28 (a) if there is a CEO returning officer for the 29 election--the CEO returning officer; 30 Page 14

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 18] (b) otherwise--the electoral commission. 1 (2A) A person must not be appointed under subsection 2 (2) if the person is-- 3 (a) a minor; or 4 (b) a member of a political party. 5 (2) Section 10(3), after `The'-- 6 insert-- 7 CEO returning officer or 8 (3) Section 10(2A) and (3)-- 9 renumber as section 10(3) and (4). 10 Clause 18 Amendment of s 11 (Presiding officers) 11 (1) Section 11(2)(b), `an adult'-- 12 omit, insert-- 13 a person 14 (2) Section 11(3), `an adult'-- 15 omit, insert-- 16 another person 17 Clause 19 Amendment of s 12 (Issuing officers) 18 (1) Section 12, from `is a' to `who'-- 19 omit. 20 (2) Section 12-- 21 insert-- 22 (2) If there is a CEO returning officer for an election, 23 the CEO returning officer may appoint a person 24 as an issuing officer for the election. 25 Page 15

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 20] (3) If subsection (2) does not apply, a member of the 1 staff of the electoral commission is an issuing 2 officer for the election. 3 (4) In this section-- 4 staff of the electoral commission means staff of 5 the electoral commission mentioned in the 6 Electoral Act 1992, section 29. 7 Clause 20 Insertion of new ss 12A and 12B 8 After section 12-- 9 insert-- 10 12A CEO returning officer may appoint persons to 11 carry out relevant duties 12 (1) This section applies if there is a CEO returning 13 officer for an election. 14 (2) The CEO returning officer may appoint a person 15 to carry out a relevant duty for the election that is 16 required by the CEO returning officer. 17 (3) In this section-- 18 relevant duty means a duty or responsibility for 19 an election other than a duty or responsibility 20 mentioned in section 9, 10, 11 or12. 21 12B Appointments made by CEO returning officer 22 (1) A person appointed by a CEO returning officer 23 under section 10, 11, 12 or 12A for an election is 24 to be employed or contracted under-- 25 (a) if the election is for the Brisbane City 26 Council--the City of Brisbane Act 2010; or 27 (b) otherwise--the Local Government Act 28 2009. 29 Page 16

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 21] (2) The person's appointment under section 10, 11, 1 12 or 12A as an electoral officer ends if, under 2 section 9, the chief executive officer of the local 3 government stops being the returning officer for 4 the election under section 9. 5 Clause 21 Amendment of pt 3, hdg (Voters rolls) 6 Part 3, heading, after `rolls'-- 7 insert-- 8 and register of special postal voters 9 Clause 22 Insertion of pt 3, div 1, hdg 10 Part 3, before section 17-- 11 insert-- 12 Division 1 Voters rolls 13 Clause 23 Amendment of s 17 (Returning officer must compile 14 voters roll) 15 (1) Section 17, heading, `Returning'-- 16 omit, insert-- 17 Electoral commission or returning 18 (2) Section 17(1)-- 19 omit, insert-- 20 (1) The following entity must compile a roll of 21 persons entitled to vote at an election (the voters 22 roll)-- 23 (a) if there is a CEO returning officer for the 24 election--the electoral commission; 25 (b) otherwise--the returning officer. 26 (3) Section 17(3), `An'-- 27 Page 17

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 24] omit, insert-- 1 If subsection (1)(b) applies, an 2 Clause 24 Amendment of s 18 (Cut off day for compiling voters roll) 3 (1) Section 18, heading-- 4 omit, insert-- 5 18 When voters roll must be compiled 6 (2) Section 18(1)-- 7 omit, insert-- 8 (1) A voters roll for a quadrennial election or fresh 9 election must be compiled at least 5 days, but not 10 more than 7 days, after the publication in a 11 newspaper, under section 25(1), of notice of the 12 day of the election. 13 (3) Section 18(2), from `cut-off'-- 14 omit, insert-- 15 day for compiling the voters roll for a particular 16 election. 17 Clause 25 Amendment of s 19 (Requirements of voters roll) 18 Section 19(2)-- 19 omit, insert-- 20 (2) The voters roll must not include an elector's 21 address that, under the Electoral Act 1992, is 22 excluded from the publicly available part of an 23 electoral roll. 24 Clause 26 Amendment of s 21 (Supply of voters roll to candidates) 25 Section 21-- 26 insert-- 27 Page 18

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 27] (2) The electoral commission may decide the format 1 in which the voters roll is given to the candidates 2 and direct the returning officer to give the voters 3 roll that format. 4 Clause 27 Insertion of new pt 3, div 2 5 Part 3, after section 21-- 6 insert-- 7 Division 2 Register of special postal 8 voters 9 21A Electoral commission to keep register of 10 special postal voters 11 (1) The electoral commission must keep, or arrange 12 to be kept, a register of special postal voters. 13 (2) The electoral commissioner must, not less than 14 18 months but not more than 4 years after the 15 result of a poll for a quadrennial election is 16 declared, review the continuing eligibility of a 17 person to cast a vote as a special postal voter. 18 (3) In conducting the review, the electoral 19 commissioner must-- 20 (a) require each relevant elector to advise, in the 21 approved form, whether the elector still lives 22 at the address shown on the voters roll; and 23 (b) do a random check of approved forms given 24 to the electoral commission under paragraph 25 (a) to decide whether the signature on each 26 approved form checked is the same as the 27 signature on the elector's application to be a 28 special postal voter mentioned in section 29 68(5A). 30 (4) In this section-- 31 Page 19

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 28] relevant elector means an elector whose name is 1 included in the register of special postal voters 2 because of a circumstance mentioned in section 3 68(5A)(a)(i) or (ii). 4 Clause 28 Insertion of new s 24A 5 Part 4, division 2, subdivision 1-- 6 insert-- 7 24A Plan for election 8 (1) If, for an election, there is a CEO returning 9 officer, the CEO returning officer must prepare a 10 written plan for the proposed conduct of the 11 election and give the plan to the electoral 12 commissioner. 13 (2) The plan must-- 14 (a) include the following details-- 15 (i) the electoral officers to be appointed; 16 (ii) the location of the polling booths; 17 (iii) other matters as directed by the 18 electoral commission; and 19 (b) be given to the electoral commissioner 20 before the following day or a later day 21 approved by the electoral commission-- 22 (i) for a quadrennial election--1 23 September in the year before the 24 election; 25 (ii) for a by-election--10 business days 26 after the vacancy of the office of a 27 councillor occurs; 28 (iii) for a fresh election--10 business days 29 after a regulation directs that a fresh 30 election be held under section 105. 31 Page 20

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 29] (3) The electoral commissioner must approve the 1 plan if satisfied the proposed conduct of the 2 election will allow the CEO returning officer to 3 perform the officer's function under section 9. 4 Clause 29 Amendment of s 25 (Calling for nominations) 5 (1) Section 25(2)(a) and (b)-- 6 omit, insert-- 7 (a) state a day as a nomination day-- 8 (i) not less than 8, or more than 18, days 9 after the publication of the notice; and 10 (ii) not less than 18, or more than 42, days 11 before the day on which the election is 12 to be held; and 13 (2) Section 25(2)(c) and (d)-- 14 renumber as section 25(2)(b) and (c). 15 Clause 30 Amendment of s 27 (How and when nomination takes 16 place) 17 (1) Section 27, heading-- 18 omit, insert-- 19 27 Making and certification of nomination 20 (2) Section 27(2) and (3)-- 21 omit, insert-- 22 (2) A nomination must-- 23 (a) be in the approved form; and 24 (b) contain the following-- 25 (i) the candidate's name, address and 26 occupation; 27 (ii) a signed statement by the candidate 28 consenting to the nomination; 29 Page 21

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 30] (iii) if subsection (1)(a) applies--a signed 1 statement by the registered political 2 party's registered officer that the party 3 has endorsed the candidate; and 4 (c) be given to the returning officer after the 5 nominations are invited for the election but 6 before noon on the nomination day. 7 (3) If the returning officer is satisfied a person has 8 been properly nominated, the returning officer 9 must-- 10 (a) as soon as practicable, certify the 11 nomination in the approved form; and 12 (b) give a copy of the certificate to the person. 13 (4) The certificate must state the time, day and place 14 proposed for a draw, if necessary, for the order of 15 listing of candidates' names on the ballot paper. 16 (5) For subsection (3), a person is properly 17 nominated for an election if-- 18 (a) subsection (2) has been complied with, or 19 substantially complied with apart from a 20 mere formal defect or error in the 21 nomination; and 22 (b) section 29(2) does not apply to the 23 nomination; and 24 (c) section 39 has been complied with; and 25 (d) the nomination has not been withdrawn. 26 (6) In deciding whether a person is properly 27 nominated for an election, the returning officer is 28 not required to look beyond-- 29 (a) the form of nomination and payment of the 30 deposit; and 31 (b) the voters roll; and 32 Page 22

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 31] (c) documentary evidence produced by the 1 nominee or nominator that, at the time the 2 voters roll is compiled for the election-- 3 (i) the nominator is an elector for the 4 election or the registered officer of a 5 registered political party; or 6 (ii) the nominee is, under the Electoral Act 7 1992, an elector for an electoral 8 district, or part of an electoral district, 9 included in the local government's 10 area. 11 (7) If a nomination is wrongly certified by the 12 returning officer, the certification is of no effect. 13 Clause 31 Amendment of s 28 (Grounds for deciding a person is not 14 properly nominated) 15 Section 28(3), after `decides'-- 16 insert-- 17 under this section that 18 Clause 32 Omission of s 31 (Certification of nominations) 19 Section 31-- 20 omit. 21 Clause 33 Amendment of s 32 (Announcement of nominations) 22 Section 32(1), `section 31'-- 23 omit, insert-- 24 section 27(3)(a) 25 Clause 34 Amendment of s 39 (Deposit to accompany nomination) 26 Section 39(2)-- 27 Page 23

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 35] insert-- 1 (c) by electronic funds transfer. 2 Clause 35 Amendment of s 40 (Disposal of deposits generally) 3 (1) Section 40(2)-- 4 omit. 5 (2) Section 40(3), `Also, if'-- 6 omit, insert-- 7 If 8 (3) Section 40(3) and (4)-- 9 renumber as section 40(2) and (3). 10 Clause 36 Amendment of s 41 (Record of membership in group of 11 candidates) 12 (1) Section 41(3), after paragraph (a)-- 13 insert-- 14 (aa) state the name of the group; and 15 (2) Section 41(3)(aa) to (c)-- 16 renumber as section 41(3)(b) to (d). 17 Clause 37 Amendment of s 45 (Direction that poll be conducted by 18 postal ballot) 19 (1) Section 45-- 20 insert-- 21 (1A) The application must be made before 1 July in 22 the year preceding a quadrennial election or a 23 later day approved by the Minister. 24 (2) Section 45(5), `subsection (2)'-- 25 omit, insert-- 26 Page 24

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 38] subsection (3) 1 (3) Section 45(1A) to (5)-- 2 renumber as section 45(2) to (6). 3 Clause 38 Amendment of s 46 (Kinds of polling booths) 4 (1) Section 46(1)(c), `early polling'-- 5 omit, insert-- 6 pre-polling 7 (2) Section 46(2), from `a returning' to `an election'-- 8 omit, insert-- 9 the returning officer for an election arranges to be 10 available on polling day for the election 11 (3) Section 46(4), `An early polling'-- 12 omit, insert-- 13 A pre-polling 14 Clause 39 Amendment of s 49 (Declaration of mobile polling 15 booths) 16 (1) Section 49(1)-- 17 omit, insert-- 18 (1) If the returning officer is satisfied patients or 19 residents of an institution should be able to vote 20 at the institution in a poll, the returning officer 21 may arrange for all or part of the institution to be 22 available as a mobile polling booth to enable the 23 patients or residents to vote there in the poll. 24 (2) Section 49(3)(b), `, in the approved form,'-- 25 omit. 26 (3) Section 49(4) and (5)-- 27 omit, insert-- 28 Page 25

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 40] (4) If the returning officer arranges a place to be 1 available as a mobile polling booth under 2 subsection (2), the returning officer may change 3 the arrangements made for the mobile polling 4 booth under subsection (3) at any time. 5 (5) If the arrangements are changed under subsection 6 (4), the returning officer must take the steps that 7 are practical and appropriate to give public notice 8 of the changed arrangements. 9 (6) The returning officer must give written notice to 10 candidates of the declaration of the mobile 11 polling booth, the times at which votes may be 12 cast at the booth, and any change to the 13 arrangements under subsection (4). 14 (7) On the declaration of a mobile polling booth, the 15 patients or residents of the institution who are 16 electors, or electors resident in the part of the 17 local government area in which the mobile 18 polling booth is situated, may vote at the booth 19 during-- 20 (a) the times stated for the booth in the notice 21 published under subsection (3)(b); or 22 (b) if the times have been changed under 23 subsection (4)--the changed times. 24 Clause 40 Amendment of s 50 (Declaration of early polling booths) 25 (1) Section 50, heading `early polling'-- 26 omit, insert-- 27 pre-polling 28 (2) Section 50(2)(b), `, in the approved form,'-- 29 omit. 30 (3) Section 50(3)-- 31 omit, insert-- 32 Page 26

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 41] (3) The returning officer may also publish the notice 1 in any other way the returning officer considers 2 appropriate. 3 (4) The returning officer must give written notice to 4 candidates of the declaration of the polling booth 5 and the times at which votes may be cast at the 6 booth. 7 Clause 41 Amendment of s 51 (Duty of person in charge of 8 institution) 9 Section 51(2), `residents in'-- 10 omit, insert-- 11 patients or residents of 12 Clause 42 Amendment of s 55 (Requirements of ballot papers) 13 (1) Section 55, heading `Requirements of ballot'-- 14 omit, insert-- 15 Ballot 16 (2) Section 55, before subsection (1)-- 17 insert-- 18 (1AA) The electoral commission must ensure a 19 sufficient number of ballot papers complying 20 with subsection (1) are printed and available to 21 the returning officer for distribution under section 22 58. 23 (3) Section 55(1), `A ballot paper must'-- 24 omit, insert-- 25 A ballot paper, other than a completed ballot paper 26 printed for an electronically assisted vote, must 27 (4) Section 55(1)(a)-- 28 omit. 29 Page 27

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 43] (5) Section 55(1)(f), from `candidate's name'-- 1 omit, insert-- 2 candidate's name-- 3 (i) if the register of political parties includes an 4 abbreviation of the party's name--the 5 party's abbreviated name; or 6 (ii) otherwise--the party's full name included in 7 the register; and 8 (6) Section 55(1)(b) to (g)-- 9 renumber as section 55(1)(a) to (f). 10 (7) Section 55(2), after `ballot paper'-- 11 insert-- 12 to which subsection (1) applies 13 (8) Section 55-- 14 insert-- 15 (2A) A completed ballot paper printed for an 16 electronically assisted vote must be of a size or 17 format that enables the elector's electronically 18 assisted vote to be accurately determined. 19 Clause 43 Amendment of s 56 (Ballot papers for separate polls) 20 Section 56(2)-- 21 omit, insert-- 22 (2) The following entity may decide to use separate 23 ballot papers or combined ballot papers for the 24 poll-- 25 (a) if there is a CEO returning officer for the 26 election--the electoral commission; 27 (b) otherwise--the returning officer. 28 Page 28

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 44] Clause 44 Amendment of s 58 (Distribution of ballot papers) 1 (1) Section 58, heading, after `papers'-- 2 insert-- 3 and voters roll 4 (2) Section 58(1)-- 5 omit, insert-- 6 (1) The returning officer must ensure an adequate 7 number of the following are available at polling 8 booths for an election-- 9 (a) ballot papers; 10 (b) certified copies of the voters roll for each 11 electoral district (as at the cut-off day for the 12 voters rolls). 13 Clause 45 Replacement of ss 59-62 14 Sections 59 to 62-- 15 omit, insert-- 16 59 Scrutineers 17 (1) Each candidate for an election may, by notice 18 given to the returning officer for the election in 19 the approved form, appoint 1 or more adults as 20 scrutineers for the candidate. 21 (2) Scrutineers are entitled to be present in each 22 polling booth at times when electors are allowed 23 to vote at the booth. 24 (3) Scrutineers are also entitled to be present-- 25 (a) beforehand at each polling booth to-- 26 (i) inspect ballot boxes; and 27 (ii) observe the examination of declaration 28 envelopes received before 6p.m. the 29 Page 29

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 45] day before the polling day for the 1 election; and 2 (b) afterwards at each polling booth and other 3 places to observe the examination of 4 declaration envelopes and the counting of 5 votes. 6 (4) For subsections (2) and (3), the number of 7 scrutineers each candidate is entitled to have at a 8 polling booth or other place is 1 scrutineer for 9 each issuing officer present at the booth or place. 10 (5) A scrutineer may-- 11 (a) object to an issuing officer's decision on a 12 person's entitlement to vote at the election; 13 and 14 (b) object to the acceptance or rejection of a 15 ballot paper by the returning officer or a 16 presiding officer; and 17 (c) record the identification details given to an 18 issuing officer at a polling booth by a person 19 who votes at the election at the polling 20 booth; and 21 (d) remove from the polling booth the 22 scrutineer's record of identification details 23 mentioned in paragraph (c); and 24 (e) do anything else permitted by this Act. 25 Note-- 26 A scrutineer may record the name and address, as given to 27 an issuing officer, of a person voting at an election but may 28 not record details of how the person voted at the election. 29 See section 192(3). 30 (6) A scrutineer must carry adequate identification to 31 show that the person is a scrutineer. 32 Page 30

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 46] Clause 46 Amendment of s 59 (Scrutineers) 1 Section 59(3)(b), as inserted by section 45-- 2 omit, insert-- 3 (b) afterwards at each polling booth and other 4 places to observe the examination of 5 declaration envelopes, the printing of 6 completed ballot papers for electronically 7 assisted votes and the counting of votes; and 8 (c) at a place to observe any part of a procedure 9 for making an electronically assisted vote. 10 Clause 47 Amendment of s 64 (Who may vote) 11 Section 64(1)-- 12 insert-- 13 (c) persons who-- 14 (i) are not on the voters roll for the area or 15 division but are entitled under the 16 Electoral Act 1992 to be enrolled on 17 the electoral roll for the electoral 18 district under that Act in which the area 19 or division is situated; and 20 (ii) after the cut-off day for the poll and no 21 later than 6p.m. on the day before the 22 polling day, give the electoral 23 commission a notice under the 24 Electoral Act 1992, section 65. 25 Clause 48 Amendment of s 65 (System of voting) 26 (1) Section 65, `election'-- 27 omit, insert-- 28 election, other than an election of a mayor of a local 29 government, 30 Page 31

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 49] (2) Section 65-- 1 insert-- 2 (2) The system of voting at an election of a mayor of 3 a local government is optional-preferential 4 voting. 5 Clause 49 Amendment of s 67 (Ways in which to cast votes) 6 (1) Section 67(1)(b), `an early polling'-- 7 omit, insert-- 8 a pre-polling 9 (2) Section 67(1)-- 10 insert-- 11 (d) cast an electronically assisted vote. 12 Clause 50 Amendment of s 68 (Who may cast votes in particular 13 ways) 14 (1) Section 68(4)-- 15 omit, insert-- 16 (4) The following electors may cast a postal vote in 17 an election, other than a postal ballot election-- 18 (a) any elector who wishes to cast a postal vote 19 before the polling day for an election; 20 (b) a special postal voter under subsection (5A). 21 (2) Section 68-- 22 insert-- 23 (5A) For subsection (4)(b), an elector is a special 24 postal voter if-- 25 (a) the elector's name is included in the register 26 of special postal voters kept under section 27 21A because of a written application that 28 satisfies the electoral commission that-- 29 Page 32

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 50] (i) the elector's address, as shown on the 1 voters roll at the time the application is 2 made, is more than 15km but not more 3 than 20km, by the nearest practicable 4 route, from a polling booth; or 5 (ii) the elector's address is more than 6 20km, by the nearest practicable route, 7 from a polling booth; or 8 (iii) the elector is entitled to be enrolled as a 9 general postal voter under the 10 Commonwealth Electoral Act 1918 11 (Cwlth), section 184A(2)(d) to (k); or 12 (b) the elector's address has been excluded or 13 omitted from the electoral roll under an 14 arrangement under the Electoral Act 1992, 15 section 62, because of the Commonwealth 16 Electoral Act 1918 (Cwlth), section 104. 17 (5B) Subject to section 75D, if a procedure about how 18 an elector may cast an electronically assisted vote 19 has been made under section 75A, an elector may 20 cast an electronically assisted vote if-- 21 (a) the elector can not vote without assistance 22 because the elector has-- 23 (i) an impairment; or 24 (ii) an insufficient level of literacy; or 25 (b) the elector can not vote at a polling booth 26 because of an impairment; or 27 (c) the elector is a member of a class of electors 28 prescribed under a regulation for this 29 section. 30 Examples of a class of electors-- 31 � electors whose addresses shown on the voters roll are 32 more than 20km by the nearest practical route from a 33 polling booth 34 Page 33

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 51] � electors who will not, throughout ordinary voting 1 hours on polling day, be within Queensland 2 3 Clause 51 Amendment of s 69 (Who must complete a declaration 4 envelope) 5 (1) Section 69(1)(d), `cut-off day for the election,'-- 6 omit, insert-- 7 cut-off day for the voters roll 8 (2) Section 69(1)(e), `been omitted from a voters'-- 9 omit, insert-- 10 been excluded or omitted from the electoral 11 (3) Section 69(2)-- 12 omit, insert-- 13 (2) Also, an elector must complete a declaration 14 envelope for an election if-- 15 (a) an issuing officer suspects, on reasonable 16 grounds, that the elector is not entitled to 17 vote at the election; or 18 (b) the elector does not give an issuing officer 19 the elector's proof of identity document 20 under section 70(3)(b). 21 Clause 52 Amendment of s 70 (Casting an ordinary vote) 22 (1) Section 70, heading, after `vote'-- 23 insert-- 24 or pre-poll vote 25 (2) Section 70(1), after `vote'-- 26 insert-- 27 or pre-poll vote 28 Page 34

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 53] (3) Section 70(2)-- 1 omit, insert-- 2 (2) The elector must-- 3 (a) to cast an ordinary vote--attend a polling 4 booth in the local government area during 5 voting hours for the booth; or 6 (b) to cast a pre-poll vote--attend a pre-polling 7 booth in the local government area during 8 voting hours for the booth. 9 (4) Section 70(3)-- 10 omit, insert-- 11 (3) At the polling booth or pre-polling booth, the 12 elector must give an issuing officer at the booth 13 the elector's-- 14 (a) full name and address; and 15 (b) proof of identity document. 16 (5) Section 70(5)-- 17 omit. 18 Clause 53 Omission of s 71 (Casting a pre-poll vote) 19 Section 71-- 20 omit. 21 Clause 54 Amendment of s 72 (Casting a postal vote) 22 (1) Section 72, heading, after `vote'-- 23 insert-- 24 by elector other than special postal voter 25 (2) Section 72-- 26 insert-- 27 Page 35

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 55] (6) If the elector is unable to apply under subsection 1 (2) without help, another person may help the 2 elector apply. 3 (7) This section does not apply to a special postal 4 voter. 5 Note-- 6 Ballots are distributed to special postal voters under 7 section 82. 8 Clause 55 Amendment of s 73 (Voting hours for polling booths) 9 Section 73(3), `an early polling'-- 10 omit, insert-- 11 a pre-polling 12 Clause 56 Amendment of s 75 (Particular responsibilities of issuing 13 officers when electors cast ordinary or pre-poll votes) 14 (1) Section 75(2)(a)-- 15 omit, insert-- 16 (a) the elector gives the issuing officer the 17 elector's-- 18 (i) full name and address; and 19 (ii) proof of identity document; and 20 (2) Section 75(4)-- 21 omit, insert-- 22 (4) Subsection (5) applies if-- 23 (a) because of the elector's answers to the 24 questions under subsection (3)-- 25 (i) the issuing officer suspects, on 26 reasonable grounds, that the elector is 27 not entitled to vote at the election; or 28 Page 36

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 57] (ii) the issuing officer is satisfied the 1 elector must complete a declaration 2 envelope; or 3 (b) the elector does not give the issuing officer 4 the elector's proof of identity document 5 under section 70(3)(b). 6 (3) Section 75(5)-- 7 insert-- 8 (c) if this subsection applies because the elector 9 did not give the issuing officer the elector's 10 proof of identity document as mentioned in 11 subsection (4)(b)--give the elector a ballot 12 paper. 13 Clause 57 Insertion of new pt 4, div 5, sdiv 2A 14 Part 4, division 5-- 15 insert-- 16 Subdivision 2A Electronically assisted 17 voting 18 75A Prescribed procedures for electronically 19 assisted voting 20 (1) The electoral commission may make procedures 21 about how an elector may cast an electronically 22 assisted vote for an election. 23 (2) The procedures must provide for the following-- 24 (a) the registration of electors who may cast an 25 electronically assisted vote for an election 26 under section 68(5B); 27 (b) the authentication of each electronically 28 assisted vote; 29 (c) the recording of each elector who uses 30 electronically assisted voting; 31 Page 37

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 57] (d) ensuring the secrecy of each electronically 1 assisted vote; 2 (e) the secure transmission of each 3 electronically assisted vote to the electoral 4 commissioner, and secure storage of each 5 electronically assisted vote by the 6 commissioner, until printing; 7 (f) the printing, for scrutiny and counting, of a 8 ballot paper for each electronically assisted 9 vote; 10 (g) the secure delivery of each printed ballot 11 paper to the returning officer. 12 (3) The procedures-- 13 (a) do not take effect until approved by a 14 regulation; and 15 (b) must be tabled in the Legislative Assembly 16 with the regulation approving the 17 procedures; and 18 (c) must be published on the electoral 19 commission's website. 20 75B Audit of electronically assisted voting for an 21 election 22 (1) The electoral commission must appoint an 23 independent person to audit the information 24 technology used for an election under the 25 procedures for electronically assisted voting 26 made under section 75A. 27 (2) The audit must be conducted-- 28 (a) at least 7 days before the nomination day for 29 the election; and 30 (b) within 60 days after the polling day for the 31 election. 32 Page 38

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 57] (3) A person appointed under subsection (1) must be 1 an individual who is not, and has not ever been, a 2 member of a political party. 3 (4) The person appointed to conduct the audit may 4 make recommendations to the electoral 5 commission to reduce or eliminate risks that 6 could affect the security, accuracy or secrecy of 7 electronically assisted voting. 8 (5) A regulation may prescribe requirements about 9 the conduct of an audit under this section. 10 75C Protection of information technology 11 (1) A person must not disclose to another person a 12 source code or other computer software relating 13 to electronically assisted voting, unless the 14 disclosure is authorised under-- 15 (a) the procedures approved under section 16 75A(3); or 17 (b) an agreement entered into by the person 18 with the electoral commissioner. 19 Maximum penalty--40 penalty units or 6 months 20 imprisonment. 21 (2) A person must not, without reasonable excuse, 22 destroy or interfere with computer software, a 23 data file or electronic device used for or in 24 connection with electronically assisted voting. 25 Maximum penalty--100 penalty units or 2 years 26 imprisonment. 27 75D Electoral commissioner may decide 28 electronically assisted voting is not to be used 29 (1) The electoral commissioner may decide that 30 electronically assisted voting is not to be used-- 31 (a) at a particular election; or 32 Page 39

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 58] (b) by a class of electors at a particular election. 1 (2) The electoral commissioner's decision must be in 2 writing and published on the electoral 3 commission's website. 4 75E Review of electronically assisted voting 5 (1) On the request of the Minister following an 6 election, the electoral commissioner must 7 conduct-- 8 (a) a review of the use of electronically assisted 9 voting for the election; and 10 (b) an investigation into extending the use of 11 electronically assisted voting to other 12 electors for future elections. 13 (2) A report on the review and investigation must be 14 given to the Minister. 15 (3) The Minister must, within 14 days after receiving 16 the report, table the report in the Legislative 17 Assembly. 18 Clause 58 Amendment of s 77 (Arrangements for electoral visitor 19 voting) 20 (1) Section 77(1) and (2), `an electoral visitor voter'-- 21 omit, insert-- 22 a visitor elector 23 (2) Section 77(4), `6p.m.'-- 24 omit, insert-- 25 7p.m. 26 (3) Section 77-- 27 insert-- 28 Page 40

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 59] (9) If the elector is unable to apply under subsection 1 (2) without help, another person may help the 2 person apply. 3 Clause 59 Amendment of s 78 (Help for electors voting) 4 (1) Section 78(1), after `polling booth,'-- 5 insert-- 6 be assisted in casting an electronically assisted vote 7 (2) Section 78(2)(c) and (d)-- 8 omit, insert-- 9 (c) explaining the following-- 10 (i) the ballot paper and the requirements 11 of subdivision 5 about its marking; 12 (ii) for electronically assisted voting--any 13 aspect of the procedure for casting an 14 electronically assisted vote; 15 (d) marking or helping to mark the ballot paper, 16 or helping to cast the electronically assisted 17 vote, in the way the elector wishes; 18 (3) Section 78(4)-- 19 omit, insert-- 20 (4) This section applies despite section 70(7)(a) and 21 (b). 22 Clause 60 Amendment of s 79 (Applications to cast postal votes in 23 local government elections that are not postal ballot 24 elections) 25 (1) Section 79(1), note-- 26 omit. 27 (2) Section 79(2)(a), `signed by the elector'-- 28 omit. 29 Page 41

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 61] (3) Section 79(2)(a), note-- 1 omit. 2 (4) Section 79(2)(c), `posted, faxed or'-- 3 omit. 4 (5) Section 79(2)(d)-- 5 omit, insert-- 6 (d) must be received by the returning officer no 7 later than 7p.m. on the Wednesday before 8 polling day. 9 (6) Section 79(5), from `envelope addressed to'-- 10 omit, insert-- 11 envelope-- 12 (i) if there is a CEO returning officer for 13 the election--addressed to the 14 returning officer and bearing the words 15 `Ballot paper--(insert name of local 16 government area)'; or 17 (ii) otherwise--addressed to the returning 18 officer at the returning officer's postal 19 address and bearing the words `Ballot 20 Paper'. 21 Clause 61 Amendment of s 80 (Distribution of ballot papers to 22 electors for postal ballot elections) 23 Section 80(2)(a)-- 24 omit, insert-- 25 (a) be accompanied by an unsealed reply paid 26 post envelope-- 27 (i) if there is a CEO returning officer for 28 the election--addressed to the 29 returning officer and bearing the words 30 Page 42

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 62] `Ballot paper--(insert name of local 1 government area)'; or 2 (ii) otherwise--addressed to the returning 3 officer at the returning officer's postal 4 address and bearing the words `Ballot 5 Paper'. 6 Clause 62 Amendment of s 81 (Applications to cast postal votes in 7 postal ballot elections) 8 (1) Section 81(2), `election.'-- 9 omit, insert-- 10 election by-- 11 (a) giving the returning officer an application 12 under subsection (3); or 13 (b) contacting the electoral commission using 14 the telephone number or electronic contact 15 details shown on the electoral commission's 16 website. 17 (2) Section 81-- 18 insert-- 19 (2A) The application must be received by the returning 20 officer for the election no later than 7p.m. on the 21 Wednesday before polling day. 22 (3) Section 81(3), `The application'-- 23 omit, insert-- 24 An application mentioned in subsection (2)(a) 25 (4) Section 81(3)(d)-- 26 omit. 27 (5) Section 81(6), from `envelope'-- 28 omit, insert-- 29 envelope-- 30 Page 43

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 63] (i) if there is a CEO returning officer for 1 the election--addressed to the 2 returning officer and bearing the words 3 `Ballot paper--(insert name of local 4 government area)'; or 5 (ii) otherwise--addressed to the returning 6 officer at the returning officer's postal 7 address and bearing the words `Ballot 8 Paper'. 9 (6) Section 81-- 10 insert-- 11 (9) If the elector is unable to apply under subsection 12 (2) without help, another person may help the 13 person apply. 14 Clause 63 Amendment of s 82 (Distribution of ballot papers to 15 particular electors whose address has been omitted from 16 a voters roll) 17 (1) Section 82, heading, `a voters roll'-- 18 omit, insert-- 19 electoral roll and to special postal voters 20 (2) Section 82(1)-- 21 omit, insert-- 22 (1) As soon as practicable after the nomination day 23 for an election, the relevant entity must post the 24 following things to each elector mentioned in 25 section 69(1)(e) and to each special postal 26 voter-- 27 (a) a ballot paper; 28 (b) a declaration envelope; 29 (c) written instructions on how a vote may be 30 cast; 31 (d) an unsealed reply paid post envelope-- 32 Page 44

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 64] (i) if there is a CEO returning officer for 1 the election--addressed to the 2 returning officer and bearing the words 3 `Ballot paper--(insert name of local 4 government area)'; or 5 (ii) otherwise--addressed to the returning 6 officer at the returning officer's postal 7 address and bearing the words `Ballot 8 Paper'. 9 (3) Section 82(3), `returning officer'-- 10 omit, insert-- 11 relevant entity 12 (4) Section 82-- 13 insert-- 14 (4) In this section-- 15 relevant entity means-- 16 (a) if there is a CEO returning officer for the 17 election--the electoral commission; or 18 (b) otherwise--the returning officer. 19 Clause 64 Amendment of s 83 (How electors must record a vote on a 20 ballot paper--optional-preferential voting) 21 (1) Section 83-- 22 insert-- 23 (1A) An elector must record a vote in accordance 24 with-- 25 (a) if the elector votes using electronically 26 assisted voting--the procedures approved 27 under section 75A(3); or 28 (b) otherwise--subsection (3) or (4). 29 (2) Section 83(1A) to (3)-- 30 Page 45

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 65] renumber as section 83(2) to (4). 1 Clause 65 Amendment of s 84 (How electors must record a vote on a 2 ballot paper--first-past-the-post voting) 3 (1) Section 84-- 4 insert-- 5 (1A) An elector must record a vote in accordance 6 with-- 7 (a) if the elector votes using electronically 8 assisted voting--the procedures approved 9 under section 75A(3); or 10 (b) otherwise--subsection (2) or (3). 11 (2) Section 84(3)(b)-- 12 omit, insert-- 13 (b) if 2 or more candidates are to be elected-- 14 (i) the numeral 1, or a tick or cross, in the 15 square opposite the name of 1 16 candidate for whom the elector wishes 17 to vote; or 18 (ii) the numerals 1, 2, 3 and so on, or ticks 19 or crosses, in the squares opposite the 20 names of 2 or more candidates for 21 whom the elector wishes to vote. 22 (3) Section 84-- 23 insert-- 24 (4) However, for subsection (3)(b)(ii)-- 25 (a) if the elector votes with ticks or crosses for 2 26 or more candidates--the number of ticks or 27 crosses must not be more than the number of 28 candidates to be elected; and 29 (b) if the elector votes with the same numeral 30 for 2 or more candidates--the number of 31 Page 46

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 66] numerals must not be more than the number 1 of candidates to be elected. 2 Clause 66 Amendment of s 86 (Formal and informal ballot 3 papers--optional-preferential voting) 4 Section 86(4)(b), `an application'-- 5 omit, insert-- 6 a signed application 7 Clause 67 Amendment of s 87 (Formal and informal ballot 8 papers--first-past-the-post voting) 9 (1) Section 87(4)(b), `an application'-- 10 omit, insert-- 11 a signed application 12 (2) Section 87(5)-- 13 omit. 14 Clause 68 Amendment of s 89 (Preliminary processing of 15 declaration envelopes--general) 16 (1) Section 89, heading, `--general'-- 17 omit. 18 (2) Section 89(1)-- 19 omit, insert-- 20 (1) For a postal ballot election, the returning officer 21 may open all ballot boxes and examine the 22 declaration envelopes to decide whether the 23 ballot papers in the envelopes are to be accepted 24 for counting. 25 (3) Section 89(2), `After 8a.m. on polling day'-- 26 omit, insert-- 27 For an election other than a postal ballot election 28 Page 47

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 69] Clause 69 Omission of s 90 (Preliminary processing of declaration 1 envelopes--postal ballot election) 2 Section 90-- 3 omit. 4 Clause 70 Amendment of s 92 (Preliminary counting of ordinary 5 votes) 6 (1) Section 92(4), after `envelopes'-- 7 insert-- 8 and all ballot papers printed for electronically assisted 9 votes 10 (2) Section 92(6)-- 11 omit, insert-- 12 (6) Prepare a written statement in the approved form. 13 Clause 71 Omission of s 94 (Receipt of things given to returning 14 officer) 15 Section 94-- 16 omit. 17 Clause 72 Insertion of new s 96A 18 Part 4, division 7, subdivision 3-- 19 insert-- 20 96A Re-counting of votes 21 (1) At any time before the following happens, the 22 electoral commission may direct the returning 23 officer, or another member of the electoral 24 commission's staff, to re-count some or all of the 25 ballot papers for an election-- 26 Page 48

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 73] (a) the result of the poll for the election is 1 notified by the electoral commission under 2 section 100; 3 (b) the electoral commission refers a matter to 4 the Court of Disputed Returns under part 7. 5 (2) The returning officer may re-count some or all of 6 the ballot papers for the election at any time 7 before the results of the election are notified. 8 (3) A person carrying out a re-count of ballot papers 9 must, so far as practicable, ensure that the 10 requirements of section 95 are complied with. 11 (4) This section does not limit by implication section 12 9A(2). 13 Clause 73 Amendment of s 98 (Counting of votes for 14 first-past-the-post system) 15 (1) Section 98(2), `(as mayor or another councillor)'-- 16 omit. 17 (2) Section 98(4) and (5)-- 18 insert-- 19 Note-- 20 A candidate who receives no votes has a number of votes that is 0. 21 Clause 74 Amendment of s 100 (Notifying the results of an election) 22 (1) Section 100(1), after paragraph (a)-- 23 insert-- 24 (ab) for a poll for the election of a mayor, the 25 name of the mayor who has been elected; 26 and 27 (2) Section 100(1)(ab) and (b)-- 28 renumber as section 100(1)(b) and (c). 29 Page 49

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 75] Clause 75 Amendment of s 103 (Notice to electors whose ballot 1 papers are not accepted) 2 Section 103(2), `in the approved form'-- 3 omit. 4 Clause 76 Omission of s 113 (Disclosure period for candidates who 5 are councillors) 6 Section 113-- 7 omit. 8 Clause 77 Amendment of s 114 (Disclosure period for candidates 9 who were previously candidates in a local government 10 election) 11 (1) Section 114(1), `(a previous election)'-- 12 omit. 13 (2) Section 114(2) and (3)-- 14 omit, insert-- 15 (2) The candidate's disclosure period for the current 16 election-- 17 (a) starts 30 days after the polling day for the 18 most recently held election for which the 19 candidate was also a candidate; and 20 Example-- 21 If the polling day for the most recently held 22 election was 15 March, the disclosure period starts 23 at the beginning of 15 April. 24 (b) ends 30 days after the polling day of the 25 current election. 26 Example-- 27 If the polling day for the current election was 31 28 March, the disclosure period ends at the end of 30 29 April. 30 Page 50

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 78] Clause 78 Amendment of s 115 (Disclosure period for new 1 candidates) 2 (1) Section 115, heading, `for new candidates'-- 3 omit, insert-- 4 --other candidates 5 (2) Section 115(1), `113 or'-- 6 omit. 7 (3) Section 115(2)(b) and example-- 8 omit, insert-- 9 (b) ends 30 days after the polling day for the 10 election. 11 Example-- 12 If the polling day for the election was 31 March, 13 the disclosure period ends at the end of 30 April. 14 Clause 79 Amendment of s 116 (Disclosure period for groups of 15 candidates) 16 Section 116(a) and (b) and examples-- 17 omit, insert-- 18 (a) starting 30 days after the polling day for the 19 most recent quadrennial elections to have 20 been held before the current election; and 21 Example-- 22 If the polling day for the most recently held 23 quadrennial election was 15 March, the disclosure 24 period starts at the beginning of 15 April. 25 (b) ending 30 days after the polling day for the 26 current election. 27 Example-- 28 If the polling day for the current election was 31 29 March, the disclosure period ends at the end of 30 30 April. 31 Page 51

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 80] Clause 80 Insertion of new s 116A 1 Part 6, division 3-- 2 insert-- 3 116A Definition for div 3 4 In this division-- 5 required period, for an election, means 15 weeks 6 after the polling day or, if no poll is conducted, 7 the day a poll would otherwise have been 8 required to be conducted under this Act. 9 Clause 81 Amendment of s 117 (Gifts to candidates) 10 Section 117(1), `15 weeks after the conclusion of'-- 11 omit, insert-- 12 the required period for 13 Clause 82 Amendment of s 118 (Gifts to groups of candidates) 14 Section 118(2), `15 weeks after the conclusion of'-- 15 omit, insert-- 16 the required period for 17 Clause 83 Amendment of s 120 (Loans to candidates or groups of 18 candidates) 19 Section 120(1) and (2), `15 weeks after the conclusion of'-- 20 omit, insert-- 21 the required period for 22 Clause 84 Amendment of s 122 (Electoral commission to give 23 reminder notice to candidates) 24 (1) Section 122(1), `conclusion of'-- 25 omit, insert-- 26 Page 52

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 85] polling day, or if no poll is conducted, the day a poll 1 would otherwise have been required to be conducted 2 under this Act, for 3 (2) Section 122(2)(a), `15 weeks after the conclusion of'-- 4 omit, insert-- 5 the required period for 6 (3) Section 122(2)(b), second dot point-- 7 omit. 8 (4) Section 122(3)(a), `return.'-- 9 omit, insert-- 10 return; and 11 Clause 85 Amendment of s 123 (Definition for div 4) 12 (1) Section 123, heading, `Definition'-- 13 omit, insert-- 14 Definitions 15 (2) Section 123-- 16 insert-- 17 required period has the meaning given under 18 section 116A. 19 Clause 86 Amendment of s 124 (Third party expenditure for political 20 activity) 21 Section 124(2), `15 weeks after the conclusion of'-- 22 omit, insert-- 23 the required period after 24 Clause 87 Amendment of s 125 (Gifts received by third parties to 25 enable expenditure for political activity) 26 Section 125(2), `15 weeks after the conclusion of'-- 27 Page 53

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 88] omit, insert-- 1 the required period for 2 Clause 88 Amendment of s 128 (Register of gifts) 3 Section 128(2)(e) and (f), `section 131(2)'-- 4 omit, insert-- 5 section 131(3) 6 Clause 89 Insertion of new pt 6, div 6A 7 Part 6-- 8 insert-- 9 Division 6A Authorised officers under 10 pt 6 11 130A Functions and powers of authorised officers 12 etc. 13 (1) The purpose of this division is to ensure the 14 electoral commission has available to it suitably 15 qualified persons who can help the electoral 16 commission properly deal with issues about 17 compliance under this part. 18 (2) The functions of an authorised officer under the 19 Electoral Act 1992, part 11, also include the 20 following functions (the further functions)-- 21 (a) to investigate and enforce compliance with 22 this part; 23 (b) to investigate whether an occasion has 24 arisen for the exercise of powers under this 25 part; 26 Page 54

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 89] (c) to facilitate the exercise of powers under this 1 part. 2 (3) For the performance of the further functions by 3 an authorised officer-- 4 (a) the authorised officer may exercise the 5 officer's powers under the Electoral Act 6 1992, part 11, divisions 15 to 18; and 7 (b) on an application by the authorised officer, a 8 magistrate may issue a warrant for a place 9 under section 336 of that Act only if the 10 magistrate is satisfied there are reasonable 11 grounds for suspecting-- 12 (i) there is a particular thing or activity 13 (the evidence) that may provide 14 evidence of an offence against this part; 15 and 16 (ii) the evidence is at the place or, within 17 the next 7 days, will be at the place; 18 and 19 (c) the electoral commissioner may decide a 20 seized thing is forfeited to the State under 21 section 354 of that Act; and 22 (d) the authorised officer must comply with part 23 11, division 19, subdivision 1 of that Act; 24 and 25 (e) a person who incurs a loss because of the 26 exercise, or purported exercise, of a power 27 mentioned in paragraph (a) may apply for 28 compensation under section 367 of that Act; 29 and 30 (f) the electoral commissioner, an authorised 31 officer and a person acting under the 32 authority or direction of an authorised 33 officer are each a designated person for 34 section 372 of that Act; and 35 Page 55

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 90] (g) a reference in part 11 of that Act to an 1 offence against that part is taken to be a 2 reference to an offence against this part; and 3 (h) a person who is given an information notice 4 under part 11 of that Act has a right to 5 appeal under section 374 of that Act. 6 (4) In this section-- 7 authorised officer means a person who holds 8 office under the Electoral Act 1992, part 11, 9 division 14, as an authorised officer. 10 Clause 90 Replacement of s 131 (Statement about returns) 11 Section 131-- 12 omit, insert-- 13 131 Inability to complete returns 14 (1) If a person who is required to give a return under 15 this part considers it is impossible to complete 16 the return because the person is unable to obtain 17 particulars required for the preparation of the 18 return, the person may-- 19 (a) prepare the return to the extent it is possible 20 to do so without the particulars; and 21 (b) give the return to the electoral commission; 22 and 23 (c) give the electoral commission a written 24 notice-- 25 (i) identifying the return; and 26 (ii) stating that the return is 27 incomplete; and 28 (iii) identifying the particulars; and 29 (iv) stating the reasons the person is 30 unable to obtain the particulars; 31 and 32 Page 56

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 90] (v) if the person believes, on 1 reasonable grounds, that another 2 person can give those 3 particulars--stating that belief 4 and reasons for it and, if known, 5 the name and address of that other 6 person. 7 (2) A person who complies with subsection (1) must 8 not, merely because of the omission of the 9 particulars, be taken, for section 195(1), to have 10 failed to comply with that section. 11 (3) The electoral commission may, by written notice, 12 ask a person stated in a notice given under 13 subsection (1)(c)(v) or (5)(e), to give the 14 particulars mentioned in the notice to the 15 commission, in writing, within a stated period. 16 (4) The person must comply with the requirement. 17 (5) If a person required to give particulars under 18 subsection (3) is unable to obtain some or all of 19 the particulars, the person must give the 20 commission a written notice-- 21 (a) stating any particulars the person is able to 22 give; and 23 (b) stating that the person is unable to obtain 24 some or all of the particulars; and 25 (c) identifying the particulars the person is 26 unable to obtain; and 27 (d) stating the reasons the person considers the 28 person is unable to obtain the particulars; 29 and 30 (e) if the person believes, on reasonable 31 grounds, that another person whose name 32 and address the person knows can give the 33 particulars--stating that belief and reasons 34 for it and, if known, the name and address of 35 that other person. 36 Page 57

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 91] Clause 91 Amendment of s 134 (Noncompliance with part does not 1 affect election) 2 Section 134, note-- 3 omit. 4 Clause 92 Omission of s 135 (Definitions for div 1) 5 Section 135-- 6 omit. 7 Clause 93 Amendment of s 138 (Requirements for an application to 8 be effective) 9 Section 138(2)(b)-- 10 omit, insert-- 11 (b) when filing the application, deposit with the 12 court-- 13 (i) $400; or 14 (ii) if a greater amount is prescribed under 15 a regulation--that amount. 16 Clause 94 Amendment of s 145 (Restrictions on particular orders) 17 Section 145(2)(a), from `any member'-- 18 omit, insert-- 19 any of the following persons that appears unlikely to 20 have had the effect that a candidate elected at an 21 election would not have been elected-- 22 (i) a CEO returning officer; 23 (ii) an electoral officer appointed by a CEO 24 returning officer; 25 (iii) a member of the electoral commission's 26 staff; or 27 Page 58

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 95] Clause 95 Omission of s 160 (Evidentiary value of list under s 164) 1 Section 160-- 2 omit. 3 Clause 96 Amendment of s 163 (Evidentiary provisions) 4 Section 163, after `commission'-- 5 insert-- 6 or a CEO returning officer 7 Clause 97 Omission of s 164 (List of electors failing to vote) 8 Section 164-- 9 omit. 10 Clause 98 Replacement of s 165 (Notice about failure to vote) 11 Section 165-- 12 omit, insert-- 13 165 Notice about failure to vote 14 (1) The electoral commission may, as soon as 15 practicable after an election, send a notice to each 16 elector who appears to have failed to vote at the 17 election stating that-- 18 (a) the elector appears to have failed to vote at 19 the election; and 20 (b) it is an offence to fail, without a valid and 21 sufficient excuse, to vote at the conclusion 22 of the election; and 23 (c) the elector may, if the elector considers the 24 elector has committed the offence, pay 25 one-half of a penalty unit (the penalty) to 26 the electoral commission by a stated day, not 27 earlier than 21 days after the elector 28 received the notice (the appropriate day), 29 Page 59

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 99] and, if the electoral commission receives the 1 payment by the appropriate day, no further 2 steps will be taken against the elector about 3 the offence; and 4 (d) the elector must-- 5 (i) if the elector intends paying the penalty 6 by the appropriate day--sign the 7 appropriate form for payment of the 8 penalty and include payment of the 9 penalty; and 10 (ii) if the elector does not intend paying the 11 penalty by the appropriate day--state, 12 in a form included in or with the notice, 13 whether the elector voted and, if not, 14 the reason for failing to vote; and 15 (iii) sign the form and post or give it to the 16 electoral commission so it is received 17 by the appropriate day. 18 (2) The elector must comply with the requirements 19 of the notice. 20 (3) Subsection (4) applies if-- 21 (a) the elector (the first elector) is absent or 22 unable, because of physical incapacity, to 23 comply with the requirements of the notice; 24 and 25 (b) another elector who has personal knowledge 26 of the facts complies with the requirements 27 and in doing so also has his or her signature 28 on the form witnessed. 29 (4) The first elector is taken to have complied with 30 the requirements of the notice. 31 Clause 99 Amendment of s 166 (Payments for failure to vote) 32 Section 166(1), `section 165(2)(c)(iii)'-- 33 Page 60

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 100] omit, insert-- 1 section 165(d)(i) 2 Clause 100 Omission of s 167 (Recording response to notice) 3 Section 167-- 4 omit. 5 Clause 101 Amendment of s 168 (Failure to vote) 6 (1) Section 168(1)(a), `valid and sufficient reason'-- 7 omit, insert-- 8 a valid and sufficient excuse 9 (2) Section 168(2), `is valid and sufficient reason'-- 10 omit, insert-- 11 is a valid and sufficient excuse 12 (3) Section 168-- 13 insert-- 14 (3) An elector may be prosecuted for an offence 15 against subsection (1)(a) only if the elector has 16 been sent a notice about the election under 17 section 165. 18 (4) In a proceeding for an offence against subsection 19 (1)(a), a certificate purporting to be signed by a 20 member of the electoral commission's staff 21 stating any of the following matters is evidence 22 of the matter-- 23 (a) an elector failed to vote at the election; 24 (b) a notice was sent by the electoral 25 commission to the elector under section 165 26 on a stated day; 27 (c) a form mentioned in section 165(1) was not 28 received by the electoral commission from 29 Page 61

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 102] the elector by the day stated under the 1 subsection. 2 (5) If a form is not received by the electoral 3 commission from the elector by the day stated 4 under section 165(1), it is evidence the elector 5 failed to vote at the election without a valid and 6 sufficient excuse. 7 (6) If a form is received by the electoral commission 8 about the elector's compliance with section 165, 9 statements in the form purporting to be made 10 by-- 11 (a) the elector are evidence as statements made 12 by the elector; and 13 (b) another elector under section 165(3) are 14 evidence as statements made by the other 15 elector. 16 (7) For the Justices Act 1886, section 139, the place 17 where an offence against subsection (1)(a) is 18 committed is taken to be the office of the 19 returning officer for the electoral district for 20 which the elector was enrolled for the election. 21 Clause 102 Amendment of s 169 (False or misleading information) 22 Section 169(1), penalty-- 23 omit, insert-- 24 Maximum penalty--7 years imprisonment. 25 Clause 103 Amendment of s 173 (Obstructing electors) 26 (1) Section 173, heading `electors'-- 27 omit, insert-- 28 persons 29 (2) Section 173, `an elector'-- 30 Page 62

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 104] omit, insert-- 1 another person 2 Clause 104 Amendment of s 175 (Forged electoral papers) 3 Section 175(2), `paper'-- 4 omit, insert-- 5 paper, unless the person is authorised to do so under 6 this Act 7 Clause 105 Insertion of new s 176A 8 Part 9, division 2-- 9 insert-- 10 176A Confidentiality of information 11 (1) This section applies to a person who-- 12 (a) is involved in the administration of this Act; 13 and 14 (b) gains information because of the person's 15 involvement in the administration. 16 (2) The person must not disclose the information to 17 anyone else other than-- 18 (a) for the purposes of this Act; or 19 (b) under the authority of another Act; or 20 (c) in a proceeding before a court in which the 21 information is relevant to the issue before 22 the court. 23 Maximum penalty--40 penalty units or 18 months 24 imprisonment. 25 Clause 106 Amendment of s 177 (Author of election material must be 26 named) 27 (1) Section 177(1), `advertisement authorisation'-- 28 Page 63

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 107] omit, insert-- 1 particulars required by subsection (2) 2 (2) Section 177-- 3 insert-- 4 (1A) The particulars are the name and address, other 5 than a post office box, of the person who 6 authorised the advertisement, handbill, pamphlet 7 or notice. 8 (3) Section 177(2)(a), after `T-shirt,'-- 9 insert-- 10 lapel button, 11 (4) Section 177(4)-- 12 omit, insert-- 13 (5) In this section-- 14 publish includes publish on the internet, even if 15 the internet site on which the publication is made 16 is located outside Queensland. 17 (5) Section 177(1A) to (3)-- 18 renumber as section 177(2) to (4). 19 Clause 107 Amendment of s 178 (Distribution of how-to-vote cards) 20 Section 178(3)(a), `party--the party's name; or'-- 21 omit, insert-- 22 party-- 23 (i) if the register of political parties 24 includes an abbreviation of the party's 25 name--the party's abbreviated name; 26 or 27 (ii) otherwise--the party's full name 28 included in the register of political 29 parties; or 30 Page 64

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 108] Clause 108 Amendment of s 179 (Giving of how-to-vote cards to 1 returning officer) 2 (1) Section 179, heading, `returning officer'-- 3 omit, insert-- 4 electoral commission 5 (2) Section 179(1) and (2), `returning officer for the election'-- 6 omit, insert-- 7 electoral commission 8 (3) Section 179(3) and (4)-- 9 omit, insert-- 10 (3) The electoral commission must reject a 11 how-to-vote card received under subsection (1) or 12 (2) if-- 13 (a) the how-to-vote card does not comply with 14 section 178(2) to (5); or 15 (b) the electoral commission is satisfied, on 16 reasonable grounds, the how-to-vote card is 17 likely to mislead or deceive an elector in 18 voting under this Act. 19 (4) If the electoral commission rejects a how-to-vote 20 card under subsection (3)(b), the electoral 21 commission must give the person who authorised 22 the how-to-vote card written reasons for the 23 rejection. 24 (4A) A person to whom reasons are given under 25 subsection (4) may, no later than 5p.m. on the 26 Wednesday immediately before the polling day 27 for the election-- 28 (a) revise the how-to-vote card; and 29 (b) give the electoral commission the things 30 mentioned in subsections (1)(a) and (b) or 31 (2)(a) and (b) in relation to the revised 32 how-to-vote card. 33 Page 65

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 109] (4B) Before polling day, the returning officer must 1 ensure an accepted how-to-vote card is 2 available-- 3 (a) for public inspection for free at-- 4 (i) the place of nomination under section 5 25; and 6 (ii) if the place of nomination is not also 7 the public office of the local 8 government for which the election is to 9 be held--the local government's public 10 office; and 11 (b) on the local government's website. 12 (4) Section 179(6), `subsection (4) or (5)'-- 13 omit, insert-- 14 subsection (6) or (7) 15 (5) Section 179(4A) to (7)-- 16 renumber as section 179(5) to (9). 17 Clause 109 Amendment of s 185 (Canvassing in or near polling 18 booths) 19 (1) Section 185(2), `an early polling'-- 20 omit, insert-- 21 a pre-polling 22 (2) Section 185(3)-- 23 insert-- 24 (d) obstruct the free passage of electors. 25 (3) Section 185(4), `early polling'-- 26 omit, insert-- 27 pre-polling 28 Page 66

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 110] Clause 110 Amendment of s 191 (Failure to post, fax or deliver 1 documents for someone else) 2 Section 191(1), from `to be cast' to `vote,'-- 3 omit, insert-- 4 under section 72, 77 or 81, 5 Clause 111 Amendment of s 201 (Designated election offences and 6 application of Criminal Code) 7 Section 201(1)-- 8 insert-- 9 � section 169(1) 10 Clause 112 Amendment of sch (Dictionary) 11 (1) Schedule, definitions applicant, application, early polling 12 booth, name and voters roll-- 13 omit. 14 (2) Schedule-- 15 insert-- 16 applicant, for part 7, means a person who files an 17 application. 18 application, for part 7, means an application 19 about disputing an election under section 138. 20 CEO returning officer, for an election, means a 21 returning officer for the election who is the chief 22 executive officer of the local government. 23 electoral commissioner means the electoral 24 commissioner under the Electoral Act 1992. 25 pre-polling booth see section 46(4). 26 proof of identity document means a document 27 relating to proof of a person's identity prescribed 28 under a regulation. 29 Page 67

Local Government Legislation Amendment Bill 2014 Part 4 Amendment of Local Government Electoral Act 2011 [s 112] required period, for part 6, division 3 and 4, see 1 section 116A. 2 special postal voter see section 68(5A). 3 voters roll see section 17. 4 (3) Schedule, definition candidate, `section 31(1)(a)'-- 5 omit, insert-- 6 section 27(3)(a) 7 (4) Schedule, definition Court of Disputed Returns, `139'-- 8 omit, insert-- 9 137 10 (5) Schedule, definition electoral officer, from `officer or'-- 11 omit, insert-- 12 officer, presiding officer, issuing officer or a person 13 appointed by a CEO returning officer under section 14 12A. 15 (6) Schedule, definition electoral paper, from `paper'-- 16 omit, insert-- 17 paper, declaration envelope or other document issued 18 by the electoral commission under this Act. 19 (7) Schedule, definition polling booth, paragraph (c), `an early 20 polling'-- 21 omit, insert-- 22 a pre-polling 23 (8) Schedule, definition properly nominated, `section 31(3)'-- 24 omit, insert-- 25 section 27(5) 26 (9) Schedule, definition returning officer, `appointed under 27 section 9 as'-- 28 omit, insert-- 29 Page 68

Local Government Legislation Amendment Bill 2014 Part 5 Minor and consequential amendments [s 113] who under section 9 is the 1 Part 5 Minor and consequential 2 amendments 3 Clause 113 Acts amended 4 Schedule 1 amends the Acts it mentions. 5 Page 69

Local Government Legislation Amendment Bill 2014 Schedule 1 Schedule 1 Minor and consequential 1 amendments 2 section 113 3 City of Brisbane Act 2010 4 1 Section 160A, `Electoral Act 1992'-- 5 omit, insert-- 6 Electoral Act 7 Electoral Act 1992 8 1 Section 177(2)(a)(ii), `Local Government Act 2009'-- 9 omit, insert-- 10 Local Government Electoral Act 2011 11 Local Government Act 2009 12 1 Section 90A(1)(a), `Local Government Electoral Act 13 2011'-- 14 omit, insert-- 15 Local Government Electoral Act 16 2 Section 160B, `Electoral Act 1992'-- 17 omit, insert-- 18 Page 70

Local Government Legislation Amendment Bill 2014 Schedule 1 Electoral Act 1 3 Chapter 7, part 5A, heading-- 2 omit. 3 Local Government Electoral Act 2011 4 1 Section 34(5), `subsection (4)'-- 5 omit, insert-- 6 subsection (3) 7 2 Part 4, division 5, subdivision 3, heading `voters'-- 8 omit, insert-- 9 electors 10 3 Section 149, `division 3'-- 11 omit, insert-- 12 division 2 13 4 Section 182, heading, `voters'-- 14 omit, insert-- 15 electors 16 5 Section 190(1)(a), `70, 71'-- 17 omit, insert-- 18 70 19 Page 71

Local Government Legislation Amendment Bill 2014 � State of Queensland 2014 Authorised by the Parliamentary Counsel Page 72

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