Tasmanian Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
ELECTORAL ACT 2004 (NO. 51 OF 2004)
- Act 51 of 2004
- Royal Assent 17 December 2004
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Electoral matter
5. Election expenditure
PART 2 - Administration
Division 1 - Tasmanian Electoral Commission
6. Establishment
7. Constitution
8. Members
9. Functions and powers of Commission
10. Commission not subject to direction or control
11. Delegation
12. Proceedings by or against Commission
13. Annual and other reports
Division 2 - Electoral Commissioner
14. Appointment of Commissioner
15. Functions and powers
16. Delegation
17. Tenure and conditions
18. Remuneration
19. Leave of absence
20. Resignation
21. Suspension or removal of Commissioner
22. Supplementary provisions relating to Commissioner
23. Deputy Commissioner
Division 3 - Returning officers and election officials
24. Returning officers
25. Acting returning officer
26. Election officials
27. Conditions of employment
28. Returning officer or election official to cease to hold office on becoming a candidate
29. Staff of Commission
PART 3 - Enrolment
30. State roll
31. Entitlement to enrolment
32. Enrolment
33. Enrolment forms and procedures
34. Compulsory enrolment and transfer
35. Joint roll arrangement with Commonwealth
36. Particulars contained on State roll
37. Division rolls
38. Public inspection of roll
39. Preparation of election and candidate rolls
40. Supply of rolls
41. Permitted use of rolls
42. Persons to provide information
43. Power of Commission to amend election roll
PART 4 - Registration of Political Parties
44. Application to register party
45. Publication of application for registration
46. Objections to registration of party
47. Grounds for rejecting application for registration
48. Commission to accept or reject application for registration
49. Right of appeal to Supreme Court
50. Registration of political parties
51. Publication of decision
52. Party register
53. Performance or exercise of registered officer's functions and powers by deputy registered officer
54. Adding to list of registered members
55. Deleting registered member
56. Change of registered officer
57. Change of party name or ballot paper name
58. Review of party register
59. Cancellation of registration of party: failure to return review of party registration form
60. Cancellation of registration of party: less than 100 registered members
61. Cancellation of registration of party on application
62. Operation of Part suspended on issue of writ for election
PART 5 - Conduct of Elections
Division 1 - Writs for holding elections
63. Issue of writs for Assembly general election
64. Issue of writ for Assembly by-election
65. Issue of writs for Council periodic elections
66. Issue of writ for Council by-election
67. Contents of writ for election
68. Writ directed to returning officer
69. Nomination day
70. Polling day
71. Day for return of writ
72. Duties of returning officer on receipt of writ
73. Extension of time
74. Fresh writ to be issued where election fails or partially fails
Division 2 - Nominations for election
75. Persons who may be nominated and elected
76. Persons ineligible for nomination
77. How and when nomination takes place
78. Declaration by candidate
79. Returning officer to endorse nomination
80. Ballot paper name of candidate
81. Names of registered parties on ballot papers
82. Multiple nominations
83. Withdrawal of nomination of candidate for election
84. Nominations invalid due to name of candidate
85. Right of appeal to Supreme Court in relation to invalid name
86. Disposal of deposit lodged for election
87. Announcement of candidates
88. Election without poll
89. Election with poll
90. Death of candidate at election
Division 3 - Arrangements for polling
91. Polling places
92. Ordinary, pre-poll and mobile polling places
93. Appointment of polling places
94. Hours of polling
95. Commissioner to make arrangements for polling
Division 4 - Ballot papers
96. Preparation and printing of ballot papers
97. Design of Assembly ballot papers
98. Design of Council ballot papers
99. Printing of names on ballot papers
100. Instructions on ballot papers
101. Preparation of additional ballot papers
102. Marking of ballot papers
103. Informal ballot papers
Division 5 - Scrutineers
104. Appointment of scrutineers
105. Presence of scrutineers
106. Scrutineering
Division 6 - Entitlement to vote
107. Entitlement to vote
Division 7 - Voting at ordinary, pre-poll and mobile polling places
108. Entitlement to vote within division
109. Requesting ballot paper
110. Election official to issue ballot paper
111. Issue of ballot paper to be recorded on certified copy of election roll
112. Vote to be marked in private
113. Assistance to certain electors at polling places
114. Mobile polling not to take place on medical grounds
115. Entitlement to vote – absent from division
116. Entitlement to vote – not on roll
117. Entitlement to vote – already marked off roll
118. Issuing declaration vote
Division 8 - General provisions at polling places and other places where ballot papers are sorted, checked or counted
119. Powers of returning officer, election official and police officer at polling place or place where ballot material is sorted, checked or counted
120. Persons entitled to be present at polling place or place where ballot material is sorted, checked or counted
121. Ballot box to be exhibited and sealed
122. Close of polling – electors present may vote
123. Spoilt ballot papers
124. Adjournment of polling
Division 9 - Postal voting
125. Entitlement to postal vote
126. Application for postal vote
127. General postal voters
128. Issue of postal votes
129. Issue of replacement postal votes
130. Postal voting procedure
Division 10 - Polling in Antarctica, remote areas and outside Tasmania
131. Commission to approve procedures for voting in Antarctica and remote areas
132. Commission to approve procedures for voting while outside Tasmania
133. Entitlement to vote in Antarctica, remote areas or outside Tasmania
134. Votes from Antarctica, remote areas or outside Tasmania to be counted with postal votes
135. Requirements for voting procedures in Antarctica, remote areas or outside Tasmania
136. Votes from Antarctica, remote areas or outside Tasmania not to be disclosed
Division 11 - Preliminary scrutiny of declaration votes and postal votes
137. Commission to approve procedures for managing declaration votes and postal votes
138. Preliminary scrutiny of declaration votes other than postal votes
139. Preliminary scrutiny of postal votes
Division 12 - Counting votes
140. Certain polling places may be combined for counting
141. Procedure at conclusion of polling at ordinary polling place
142. Procedure at conclusion of pre-poll or mobile polling
143. Admitted declaration votes to be counted
144. Returning officer to recheck and finalise first preference counts
145. Returning officer to distribute further preference votes
146. Ballot papers may be recounted
147. Ballot papers lost or destroyed
148. Declaration of poll and return of writ
149. Returning officer to forward results and election material to Commission
Division 13 - Custody of election material
150. Preservation of election material
151. Examination of election material
Division 14 - Compulsory voting
152. Compulsory voting
153. Notice of failure to vote
154. Second notice – no response
155. Determination of valid and sufficient reason
156. Determination notice – reason not accepted
157. Option to pay penalty
PART 6 - Electoral Expenditure in respect of Council Elections
Division 1 - Candidate's expenditure
158. Election agent
159. Who may incur expenditure
160. Candidate's expenditure limit
161. Lodgment of candidate's election expenditure return
Division 2 - Party expenditure
162. Party not to incur election expenditure
Division 3 - Provisions relating to candidate's expenditure
163. Commission to check returns
164. Return available for public inspection
165. Power of Commission to require information
PART 7 - Offences
Division 1 - General offences
166. Use of roll for other than permitted purpose
167. Prohibited disclosure or commercial use of rolls
168. Offence to induce elector not to vote
169. Unlawfully marking ballot paper
170. Possession of forged ballot paper
171. Failure to deliver postal vote, &c.
172. Offences by scrutineers
173. Offences by election official
174. Unauthorised access to election material
Division 2 - Offences relating to polling places
175. Offences within polling place
176. Persons removed from polling place not to re-enter without permission
177. Offences within 100 metres of polling place
178. Offence relating to polling places access
179. Election official not to act improperly
Division 3 - Failure to enrol or vote
180. Offence to fail to enrol
181. Offence to fail to vote
Division 4 - Corrupt practices
182. Interpretation: Division 4
183. False or misleading statements or declarations
184. Signing electoral papers
185. Witnessing electoral papers
186. Offences relating to voting
187. Electoral bribery
188. Electoral treating
189. Electoral intimidation
Division 5 - Offences relating to advertising and other campaigning
190. Interpretation for purposes of Division
191. Campaign material to be authorised
192. Authorisation not required on specified items
193. Newspaper and periodical reportage and commentary
194. Letters to the editor
195. Advertisements and advertorials
196. Candidate names not to be used without authority
197. Misleading and deceptive electoral matter
198. Campaigning on polling day
Division 6 - Offences relating to electoral expenses
199. Offences relating to electoral expenses
Division 7 - Continuing offences
200. Continuing offences
PART 8 - Disputed elections, eligibility and vacancies
Division 1 - Interpretation
201. Interpretation: Part 8
Division 2 - Jurisdiction and powers of Supreme Court
202. Jurisdiction of Supreme Court to hear and determine application
203. Rules of Court
204. Application of Supreme Court Rules
Division 3 - Disputed elections
205. Election may be disputed
206. Entitlement to lodge application
207. Form of application
208. Application to be accompanied by deposit
209. Time for lodging application
210. Application to be served
211. Parties to application
212. Hearing of application
213. Inquiries by Court
214. Withdrawal of application made under section 205
215. Determination of application under section 205
216. Date of effect of orders
217. Costs of application
218. Limitation on taking effect of orders under this Part
219. Appeals
Division 4 - Reference to Supreme Court of qualifications, vacancies and eligibility
220. Reference to Supreme Court of questions as to qualification, vacancy or eligibility
221. Speaker or President to state case
222. Parties to reference
223. Powers of Supreme Court on hearing of reference under section 220
224. Determination, &c., to be sent to House affected
225. Application of certain sections of this Act to reference under section 220
PART 9 - Casual vacancies in Assembly
226. Procedure if vacancy occurs in Assembly
227. Qualifications to contest recount to fill vacancy in Assembly
228. How and when to nominate to contest recount
229. Announcement of nominations to contest recount
230. Election without recount
231. Election with recount
232. When by-election to be conducted rather than recount
PART 10 - Miscellaneous
233. Injunctions
234. Evidentiary provisions
235. Ballot papers, &c., to be evidence
236. Certain crimes to be tried by justices
237. Prosecutions for offences involving corrupt or illegal practices
238. Immaterial errors not to void election
239. Disqualification from being elected, &c.
240. Costs and expenses of election
241. Disposal of money received by election official or returning officer
242. Regulations
243. Administration of Act
244. Savings and transitional
245. Consequential amendments
246. Act repealed
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback