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COMMONWEALTH ELECTORAL ACT 1918 !!!The following amendment (No. 65, 2006) has not been incorporated. - List of Sections

Section

Compilation Information

Long Title

COMMONWEALTH ELECTORAL ACT 1918
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Repeal [ see Note 2]
4. Interpretation
4A. Extraterritorial operation of Act
4B. Act to bind Crown
4C. Registered officer of political party
4D. Application of the Criminal Code
COMMONWEALTH ELECTORAL ACT 1918
Part II—Administration

COMMONWEALTH ELECTORAL ACT 1918
Division 1—Preliminary


5. Interpretation
5A. Application of Part in relation to Northern Territory
COMMONWEALTH ELECTORAL ACT 1918
Division 2—The Australian Electoral Commission


6. Establishment of Commission
7. Functions and Powers of Commission
7A. Supply of goods and services
7B. Fees for goods and services
8. Tenure and terms of office
9. Leave of absence
10. Resignation
11. Disclosure of interests
12. Termination of appointment
13. Acting Chairperson
14. Acting non-judicial appointee
14A. Remuneration
15. Meetings of Commission
16. Delegation by Commission
17. Reports by the Commission
17A. Certain particulars not to be included in reports
COMMONWEALTH ELECTORAL ACT 1918
Division 3—Electoral Commissioner, Deputy Electoral
Commissioner and Australian Electoral Officers for States


18. Electoral Commissioner
19. Deputy Electoral Commissioner
20. Australian Electoral Officers for States
21. Terms and conditions of appointment etc.
22. Remuneration
23. Leave of absence
24. Resignation
25. Termination of appointment
26. Acting Electoral Commissioner
27. Acting Deputy Electoral Commissioner
28. Delegation by Electoral Commissioner
COMMONWEALTH ELECTORAL ACT 1918
Division 4—Staff of the Commission


29. Staff
30. Australian Electoral Officer for the Australian Capital Territory
31. Assistant Australian Electoral Officers for States
32. Divisional Returning Officers
33. Assistant Returning Officers
34. Assistant Divisional Returning Officers
35. Employment of additional staff, consultants etc.
COMMONWEALTH ELECTORAL ACT 1918
Division 5—Miscellaneous


36. Candidates not to be officers
37. Keeping of forms
38. Offices of Divisional Returning Officers
COMMONWEALTH ELECTORAL ACT 1918
Part III—Representation in the Parliament

COMMONWEALTH ELECTORAL ACT 1918
Division 1AA—Interpretation


38A. Interpretation
COMMONWEALTH ELECTORAL ACT 1918
Division 1—Choosing of senators for Queensland


39. Senators to be directly chosen by people of State etc.
COMMONWEALTH ELECTORAL ACT 1918
Division 2—Representation of the Territories in the Senate


40. Representation of the Territories in the Senate
41. Powers, privileges and immunities of senator for Territory
42. Term of service of senator for Territory
43. Time of elections of senators for Territories
44. Casual vacancies in places of senators for Territories
COMMONWEALTH ELECTORAL ACT 1918
Division 3—Representation of the States and Territories in
the House of Representatives


45. Interpretation
46. Ascertainment of numbers of people of Commonwealth, States and Territories
47. Supply of statistical information by Australian Statistician
48. Determination of number of members of House of Representatives to be chosen in States and Territories
48A. Northern Territory to elect 2 members of the House of Representatives in the next election
49. Notification of determination
50. Number of members of House of Representatives to be chosen in States and Territories
51. Choice of member for Territory
53. Powers, privileges and immunities of member for Territory
54. Time of elections of members for Territories
COMMONWEALTH ELECTORAL ACT 1918
Part IV—Electoral Divisions

55. Interpretation
55A. Application to Northern Territory
56. States and Australian Capital Territory to be distributed into Electoral Divisions
56A. Certain Territories to be included in same Division
57. One member to be chosen for each Electoral Division
58. Monthly ascertainment of enrolment etc.
59. Times at which redistributions are to commence
60. Redistribution Committee
62. Proceedings at meetings of Redistribution Committee etc.
63. Sub-committees
63A. Projection time for equality of enrolments
64. Suggestions and comments relating to redistribution
65. Quota
66. Redistribution Committee to make proposed redistribution
67. Reasons for proposed redistribution
67A. Outline of proposed redistribution
68. Notice of proposed redistribution
69. Objections against proposed redistribution
70. Augmented Electoral Commission
71. Proceedings at meetings of augmented Electoral Commission etc.
72. Consideration of objections
73. Redistribution of State or Australian Capital Territory
74. Reasons for determination made by augmented Electoral Commission
75. Copies of certain documents to be forwarded to Minister
76. Mini-redistribution
76A. Application of section 76 to Northern Territory
77. Decisions under Part final etc.
78. Improper influence
COMMONWEALTH ELECTORAL ACT 1918
Part V—Subdivisions and polling places

79. Subdivisions
80. Polling places
COMMONWEALTH ELECTORAL ACT 1918
Part VI—Electoral Rolls

81. Electoral Rolls
82. Subdivision Rolls, Division Rolls and State and Territory Rolls
83. Form of Rolls
84. Arrangement with States
85. New Rolls to be prepared upon Proclamation
86. New Rolls on creation of new Divisions etc.
87. Additions etc. to new Rolls
88. Objections and notices to have effect in relation to new Rolls
89. Printing of Rolls
90. Commission to determine manner and form of access to Rolls etc.
90A. Inspection etc. of Rolls
90B. Information on Rolls and certified lists of voters to be provided to particular people and organisations
91A. Use of information from Roll and habitation index
91B. Prohibition of disclosure or commercial use of Roll or habitation index
92. Roll reviews
COMMONWEALTH ELECTORAL ACT 1918
Part VII—Qualifications and disqualifications for enrolment and
for voting

93. Persons entitled to enrolment and to vote [ see Note 3]
93A. Power to refuse to include in the Roll inappropriate names
94. Enrolled voters leaving Australia
94A. Enrolment from outside Australia
95. Eligibility of spouse or child of eligible overseas elector [ see Note 4]
95AA. Norfolk Island electors
95AB. Presumption about certain Norfolk Island electors
95AC. Rolls relating to Norfolk Island electors
96. Itinerant electors
96A. Enrolment of prisoners
97. Application of Part
COMMONWEALTH ELECTORAL ACT 1918
Part VIII—Enrolment

98. Addition of names to Rolls
98A. Refusal to include in the Roll inappropriate names
99. Claims for enrolment or transfer of enrolment
99A. Provisional claim for enrolment by applicant for citizenship
100. Claims for age 17 enrolment
101. Compulsory enrolment and transfer
102. Action on receipt of claim
103. Penalty on officer neglecting to enrol claimants
104. Request for address not to be shown on Roll
105. Alteration of Rolls
106. Incorrect enrolment
107. Alterations to be initialled
108. Lists of deaths to be forwarded
109. Lists of convictions to be forwarded
110. Officers to act on receipt of information
111. Computer records relating to Roll
111A. Claims may be sent by fax
112. Application of Part
COMMONWEALTH ELECTORAL ACT 1918
Part IX—Objections

113. Interpretation
114. Objection to enrolment
115. Form and manner of objection
116. Notice of objection
117. Answer to objection
118. Determination of objection
COMMONWEALTH ELECTORAL ACT 1918
Part X—Review of decisions

120. Review by Australian Electoral Officer
121. Review by Administrative Appeals Tribunal
122. Application of Part
COMMONWEALTH ELECTORAL ACT 1918
Part XI—Registration of political parties

123. Interpretation
124. Registration of political parties
125. Register of Political Parties
126. Application for registration
127. Party not to be registered during election
129. Parties with certain names not to be registered
130. Different levels of party may be registered
131. Variation of application
132. Procedure for dealing with application
132A. Commission to give reasons for decisions under this Part
133. Registration
134. Changes to Register
134A. Objection to continued use of name
135. Voluntary deregistration
136. Deregistration of party failing to endorse candidates or ceasing to be a Parliamentary party
137. Deregistration of political party on other grounds
138. Deregistration
138A. Review of eligibility of parties to remain in the Register
139. Inspection of Register
140. Service of documents
141. Review of certain decisions
COMMONWEALTH ELECTORAL ACT 1918
Part XIII—Writs for elections

151. Issue of writs for election of Senators for Territories
152. Forms of writs [ see Note 5]
153. Writs for election of Senators
154. Writs for election of members of House of Representatives
155. Date for close of Rolls
156. Date of nomination
157. Date of polling
158. Polling to be on a Saturday
159. Date of return of writ
160. General election to be held on same day
161. Application of Part
COMMONWEALTH ELECTORAL ACT 1918
Part XIV—The nominations

162. Candidates must be nominated
163. Qualifications for nomination [ see Note 6]
164. State and Territory members not entitled to be nominated
165. Multiple nominations prohibited
166. Mode of nomination
167. To whom nominations made
168. Grouping of candidates
169. Notification of party endorsement
169A. Notification of independent candidacy
169B. Verification of party endorsement
169C. Combination of requests and nominations
170. Requisites for nomination
171. Form of consent to act
172. Rejection of nominations and requests
173. Deposit to be forfeited in certain cases
174. Place of nomination
175. Hour of nomination
176. Declaration of nominations
177. Withdrawal of consent to a nomination
178. Return of deposit in case of candidate's death
179. Proceedings on nomination day
180. Death of candidate after nomination
181. Failure of election
COMMONWEALTH ELECTORAL ACT 1918
Part XV—Postal voting

182. Interpretation
183. Grounds of application for postal vote
184. Application for postal vote
184A. Application for registration as general postal voter
184AA.Application forms for postal votes
184B. Register of General Postal Voters
185. Registration as general postal voter
185B. Review of Registers
185C. Cancellation of registration
186. Dispatch of postal voting papers to registered general postal voters
187. Duty of witness
188. Issue of certificate and ballot-papers
189. Inspection of applications
189A. Access to electronic list of postal vote applicants
189B. Restriction on use or disclosure of information
190. Numbering of applications and certificates
192. Form of postal vote certificate
193. Authorised witnesses
194. Postal voting
195. Duty of authorised witnesses etc.
195A. Procedure for dealing with postal vote certificates etc.
196. Opening of postal ballot-paper
197. Failure to post or deliver postal vote application etc.
198. Inducing elector to hand over marked ballot-paper
199. Correction of formal errors
200. Mistakes
COMMONWEALTH ELECTORAL ACT 1918
Part XVA—Pre-poll voting

200A. Grounds of application for pre-poll vote
200B. Pre-poll voting officers
200C. Application for pre-poll vote
200D. Place and time of application
200DA.Scrutineers at the pre-poll voting office
200DB.Provisions relating to scrutineers at pre-poll voting office
200E. Pre-poll voting
200F. Form of pre-poll vote certificate
200G. Record of issue of pre-poll voting papers
200J. Opening of pre-poll voting envelope
200K. Obligations of persons present when pre-poll vote cast
201. Correction of formal errors
202. Mistakes
COMMONWEALTH ELECTORAL ACT 1918
Part XVI—The polling

202A. Undertaking by officers and scrutineers
203. Arrangements for polling
204. Substitute
205. Use of licensed premises as polling booth
206. Separate voting compartments
207. Ballot-boxes
208. Certified lists of voters
209. Ballot-papers
209A. Official mark
210. Printing of Senate ballot-papers
210A. Form of party name on ballot-papers
211. Group voting tickets
211A. Individual voting tickets
212. Ballot-papers for House of Representatives elections
213. Determination of order of names
214. Printing of political party names etc. on ballot-papers
215. Ballot-papers to be initialled
216. Group voting tickets to be displayed
217. Scrutineers at the polling
218. Provisions relating to scrutineers
219. Participation by candidates in conduct of election
220. The polling
221. Elections at which electors entitled to vote
222. Where electors may vote
223. Interpretation
224. Mobile booths—hospitals that are polling places
225. Mobile booths—other hospitals
226. Provisions related to sections 224 and 225
226A. Mobile booths—prisons
227. Mobile booths—Remote Divisions
228. Forwarding of declaration votes
229. Questions to be put to voter
230. Errors not to forfeit vote
231. Right of elector to receive ballot-paper
232. Voters to be recorded
233. Vote to be marked in private
234. Assistance to certain voters
234A. Certain voters may vote outside polling place
235. Provisional votes
238. Spoilt ballot-papers
239. Marking of votes in Senate election
240. Marking of votes in House of Representatives election
240A. Temporary suspension of polling
241. Adjournment of polling
242. Adjournment in other cases
243. Voting at adjourned polling
244. Arrangement where elections held in some Divisions only
245. Compulsory voting
COMMONWEALTH ELECTORAL ACT 1918
Part XVII—Special provisions relating to the polling in
Antarctica

246. Interpretation
247. Antarctic Returning Officers and Assistant Antarctic Returning Officers
248. Application of Part XVI to polling in Antarctica
249. Antarctic electors
250. Arrangements for the polling in Antarctica
251. Ballot-papers to be initialled
252. Candidates not to take part in polling
253. The polling in Antarctica
254. Entitlement of Antarctic electors to vote
255. Questions to be put to voter at Antarctic station
256. Right of Antarctic elector to receive ballot-paper
257. List of Antarctic electors to be marked
258. Application of sections 233 and 234
259. Proceedings by Antarctic Returning Officer on close of poll
260. Result of the polling in Antarctica
261. Preservation of ballot-papers etc.
262. Application of Part
COMMONWEALTH ELECTORAL ACT 1918
Part XVIII—The scrutiny

263. Scrutiny
264. Scrutineers at scrutiny
265. Scrutiny, how conducted
266. Preliminary scrutiny of declaration votes
267. Action on objections to ballot-papers
268. Informal ballot-papers
269. Formal votes according to group voting ticket
270. Certain votes with non-consecutive numbers to be formal
271. Officers not to mark ballot-papers so that voter can be identified
272. Senate ballot-papers deemed to be marked according to group voting tickets
273. Scrutiny of votes in Senate elections
273A. Computerised scrutiny of votes in Senate election
273B. Combination of manual and computer scrutiny permitted
274. Scrutiny of votes in House of Representatives elections
275. Scrutiny prior to receipt of declaration ballot-papers
276. Provisional scrutiny
277. Scrutiny for information
278. Re-count at Senate elections
279. Re-count at House of Representatives elections
279A. Notice of re-count
279B. Conduct of re-count
280. Powers of officer conducting re-count
281. Reservation of disputed ballot-papers
282. Re-count of Senate votes to determine order of election in other circumstances
COMMONWEALTH ELECTORAL ACT 1918
Part XIX—The return of the writs

283. Return of writ for election of Senators
284. Declaration of poll and return of writs for House of Representatives
285. Correction of errors
286. Extension of time
COMMONWEALTH ELECTORAL ACT 1918
Part XX—Election funding and financial disclosure

COMMONWEALTH ELECTORAL ACT 1918
Division 1—Preliminary


287. Interpretation
287A. Campaign committee to be treated as part of State branch of party
287B. Designated federal party
COMMONWEALTH ELECTORAL ACT 1918
Division 2—Agents


288. Agents of political parties
288A. Principal agents
289. Appointment of agents by candidates and groups
290. Requisites for appointment
291. Register of Party Agents
292. Effect of registration etc.
292A. Evidence of appointment
292B. Responsibility for action when agent of party or branch dead or appointment vacant
292C. Revocation of appointment of agent of candidate or group
292D. Notice of death or resignation of agent of candidate or group
COMMONWEALTH ELECTORAL ACT 1918
Division 3—Election funding


294. General entitlement to funds
297. Payment not to be made in certain circumstances
299. Making of payments
299A. Method of making payments
300. Death of candidate
301. Death of member of group
302. Appropriation
COMMONWEALTH ELECTORAL ACT 1918
Division 4—Disclosure of donations


303. Interpretation
304. Disclosure of gifts
305. Expenditure incurred for political purposes
305A. Donations to candidates etc.
305B. Donations to political parties
306. Certain gifts not to be received
306A. Certain loans not to be received
306B. Repayment of gifts where corporations wound up etc.
307. Nil returns
COMMONWEALTH ELECTORAL ACT 1918
Division 5—Disclosure of electoral expenditure


308. Interpretation
309. Returns of electoral expenditure
310. Returns by broadcasters
311. Returns by publishers
311A. Annual returns of income and expenditure of Commonwealth Departments
313. Nil returns
314. Two or more elections on the same day
COMMONWEALTH ELECTORAL ACT 1918
Division 5A—Annual returns by registered political parties
and associated entities


314AA.Interpretation
314AB.Annual returns by registered political parties
314AC.Amounts received
314AE.Outstanding amounts
314AEA.Annual returns by associated entities
314AF.Returns not to include lists of party membership
314AG.Regulations
COMMONWEALTH ELECTORAL ACT 1918
Division 6—Miscellaneous


314A. Interpretation
315. Offences
315A. Recovery of payments
316. Investigation etc.
317. Records to be kept
318. Inability to complete returns
318A. Application of subsections 305(1) and 309(4) in certain cases
319. Non-compliance with Part does not affect election
319A. Amendment of claims and returns
320. Inspection and supply of copies of claims and returns
321. Indexation
COMMONWEALTH ELECTORAL ACT 1918
Part XXI—Electoral offences

322. Interpretation
323. Officers and scrutineers to observe secrecy
324. Officers not to contravene Act etc.
325. Officers not to influence vote
325A. Influencing votes of hospital patients etc.
326. Bribery
327. Interference with political liberty etc.
328. Printing and publication of electoral advertisements, notices etc.
329. Misleading or deceptive publications etc.
330. False statements in relation to Rolls
331. Heading to electoral advertisements
334. Depiction etc. of certain electoral matter
335. Cards in polling booth
336. Signature to electoral paper
337. Witnessing electoral papers
338. Unlawfully marking ballot-papers
339. Other offences relating to ballot-papers etc.
340. Prohibition of canvassing near polling booths
341. Badges or emblems in polling booths
342. Duty of witness to claim
343. Failure to transmit claim
345. Employers to allow employees leave of absence to vote
346. Protection of the official mark
347. Disorderly behaviour at meeting
348. Control of behaviour at polling booths etc.
350. Defamation of candidate
351. Publication of matter regarding candidates
COMMONWEALTH ELECTORAL ACT 1918
Part XXII—Court of Disputed Returns

COMMONWEALTH ELECTORAL ACT 1918
Division 1—Disputed Elections and Returns


352. Interpretation
353. Method of disputing elections
354. The Court of Disputed Returns
355. Requisites of petition
356. Deposit as security for costs
357. Petition by Electoral Commission
358. No proceedings unless requirements complied with
359. Right of Electoral Commissioner to be represented
360. Powers of Court
361. Inquiries by Court
362. Voiding election for illegal practices etc.
363. Court to report cases of illegal practices
363A. Court must make its decision quickly
364. Real justice to be observed
364A. Provision for Court to have regard to certain rejected ballot-papers
365. Immaterial errors not to vitiate election
365A. Election not affected by failure of delivery arrangement
366. Errors relating to printing of party affiliations
367. Evidence that person not permitted to vote
367A. Disposal of petition where election cannot be decided
368. Decisions to be final
369. Copies of petition and order of Court to be sent to House affected, Governor-General and Speaker
370. Representation of parties before Court
371. Costs
372. Deposit applicable for costs
373. Other costs
374. Effect of decision
375. Power to make Rules of Court
375A. Right of Electoral Commission to have access to documents
COMMONWEALTH ELECTORAL ACT 1918
Division 2—Qualifications and vacancies


376. Reference of question as to qualification or vacancy
377. President or Speaker to state case
378. Parties to the reference
379. Powers of Court
380. Order to be sent to House affected
381. Application of certain sections
COMMONWEALTH ELECTORAL ACT 1918
Part XXIII—Miscellaneous

381A. Extension of time for acts by officers
383. Injunctions
384. Prosecution of offences
385. Certificate evidence
385A. Evidence of authorship or authorisation of material
386. Disqualification for bribery and undue influence
387. Electoral matters to be sent free by post
387A. Service of process by mail
388. Averments deemed to be proved
389. Defendant may be called upon to give evidence
390. Production of claims for enrolment etc.
390A. Claims for enrolment etc. not to be subject to warrants
391. Record of claims for enrolment etc.
392. Forms
393A. Preservation of documents
394. No State referendum or vote to be held on polling day
395. Regulations
COMMONWEALTH ELECTORAL ACT 1918
Schedule 1—Forms

COMMONWEALTH ELECTORAL ACT 1918
Schedule 2—Grounds of application for postal or pre-poll vote

COMMONWEALTH ELECTORAL ACT 1918
Schedule 3—Rules for the conduct of a preliminary scrutiny of declaration votes

COMMONWEALTH ELECTORAL ACT 1918
Notes to the Commonwealth Electoral Act 1918

Note 2

Note 3

Note 4

Note 5

Note 6

Note 7

Table A

Renumbering Table

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