AUSTRALIAN CAPITAL TERRITORY

Electoral (Amendment) Act 1994
No. 14 of 1994
TABLE OF PROVISIONS

Section
	1.	Short title
	2.	Commencement
	3.	Principal Act
	4.	Long title
	5.	Preamble
	6.	Interpretation
	7.	Insertion—
	4.	Electoral matter	
	8.	Substitution—
	7.	Functions of Electoral Commission
	7A.	Determination of fees
	9.	Insertion—
	18A.	Delegation
	10.	Substitution—headings
	11.	Substitution—
	21.	Functions and powers
	21A.	Delegation
	12.	Insertion—
Division 2—Staff of the Electoral Commission
	27A.	Staff
	27B.	Temporary staff and consultants
	27C.	Officers
	13.	Timing of redistributions
	14.	Insertion—
	31A.	Suspension of redistribution process—extraordinary elections
	15.	Augmented Electoral Commission
	16.	Heading to Part V
	17.	Repeal
	18.	Decisions are final
	19.	Validity not affected
	20.	References to Electoral Commissioner
	21.	References to Chief Minister
	22.	Substitution—
Part V—Electoral rolls
	51.	Electorate and Territory rolls
	52.	Contents of roll
	53.	Roll extracts
	54.	Inspection of printed roll extracts
	55.	Supply of printed roll extracts to MLAs etc.
	56.	Supply of roll extracts in electronic form to MLAs etc.
	57.	Approved use of roll extracts
	58.	Prohibited use of roll extracts
	59.	Provision of roll information to prescribed authorities
	60.	Maintenance of rolls
	61.	Power to require information
	62.	Notice of registered deaths
	63.	Disclosure of roll information
	64.	Joint roll arrangements with the Commonwealth
part VI—enrolment
	65.	Interpretation
	66.	Entitlement
	67.	Compulsory enrolment etc.—residents
	68.	Eligible overseas electors
	69.	Age 17 enrolment
	70.	Enrolment etc.
	71.	Suppression of elector’s address
	72.	Inclusion of particulars on roll following suppression
	73.	Suppression of elector’s address pending review
	74.	Closed rolls
	75.	Objections to enrolment
	76.	Record of claims for enrolment
	77.	Processing enrolment claims
	78.	Transmission of enrolment claims
	79.	Production of claims for enrolment before a court
	80.	Claims for enrolment not subject to warrants
part VII—registration of 
political parties
	81.	Interpretation
	82.	Register
	83.	Application for registration
	84.	Further information
	85.	Publication of notice of applications
	86.	Registration
	87.	Refusal of applications
	88.	Variation of applications
	89.	Changes to Register
	90.	No action in pre-election period
	91.	Deputy registered officer
	92.	Cancellation of registration
	93.	Use of party name after cancellation of registration
Part VIII—timing of elections
	94.	Ordinary elections
	95.	Extraordinary elections
	96.	Polling day
Part IX—Arrangements for
elections
Division 1—Nominations
	97.	Eligibility—MLAs
	98.	Qualifications for nomination
	99.	Candidates to be nominated
	100.	Multiple nominations invalid
	101.	Withdrawal etc. of consent to nomination
	102.	Place and hour of nomination
	103.	Declaration of candidates
	104.	Rejection of nominations	
	105.	Need for a poll
	106.	Death of candidate before polling day
	107.	Deposit—return or forfeiture
Division 2—Ballot papers
	108.	Ballot papers
	109.	Grouping of candidates’ names
	110.	Printing of ballot papers
	111.	Names on ballot papers
	112.	Draw for positions on ballot papers
Division 3—Miscellaneous
	113.	Polling places and scrutiny centres
	114.	Administrative arrangements
	115.	Certified lists of electors
	116.	Scrutineers—appointment
	117.	Scrutineers—conduct
	118.	Participation by candidates in conduct of election
	119.	Determining matters by lot
	120.	Supplementary elections
Part X—Voting
Division 1—General
	121.	Interpretation
	122.	Entitlement to vote
	123.	Compulsory voting
	124.	Multiple votes prohibited
	125.	Procedures for voting
	126.	Manner of recording vote
Division 2—Ordinary voting
	127.	Claims to vote
	128.	Voting in private
Division 3—Declaration voting
	129.	Declaration voting at polling places
	130.	Declaration voting before polling day etc.
	131.	Record of issue of declaration voting papers
	132.	Inspection of records
	133.	Receipt of declaration voting papers
	134.	Registered declaration voters
	135.	Issue of voting papers to registered declaration voters
	136.	Correcting formal errors
	137.	Soliciting applications for postal declaration votes
	138.	Transmission of applications for postal declaration votes
	139.	Interference with declaration voting
	140.	Soliciting completed declaration votes
	141.	Transmission of completed declaration votes
	142.	Opening envelopes containing declaration votes
Division 4—Mobile polling
	143.	Interpretation
	144.	Mobile polling—institutions
	145.	Functions of visiting officers
	146.	Failure to visit institution	
	147.	Custody of ballot boxes and electoral papers
Division 5—Miscellaneous
	148.	Arrangements at polling places
	149.	Particulars on ballot papers before issue
	150.	Assistance to voters
	151.	Spoilt ballot papers
	152.	Custody of ballot boxes and electoral papers
	153.	Extension of time for conducting elections
	154.	Suspension and adjournment of polling
Division 6—Failure to vote
	155.	Default notice
	156.	First notice
	157.	Second notice
	158.	Final notice
	159.	Discharge of liability
	160.	Response on behalf of elector
Part XI—Polling in Antarctica
	161.	Interpretation
	162.	Returning officer and assistant
	163.	Acting Returning Officer or Assistant
	164.	Application of Act to polling in Antarctica
	165.	Antarctic electors
	166.	Arrangements for the polling in Antarctica
	167.	Conduct of the polling
	168.	Claims to vote
	169.	Proceedings at close of poll
	170.	Result of polling in Antarctica
	171.	Preservation of documents
PART XII—THE SCRUTINY
	172.	Scrutiny
	173.	Preliminary scrutiny of declaration voting papers etc.
	174.	Formality of ballot papers
	175.	Death of candidate
	176.	First count—ordinary ballot paper
	177.	First count—declaration ballot papers
	178.	Second count—first preferences
	179.	Ascertaining result of poll
	180.	Objections by scrutineers
	181.	Recount of ballot papers
	182.	Reservation of disputed ballot papers
	183.	Declaration of result of election
part XIII—casual vacancies
	184.	Interpretation
	185.	Notice of casual vacancy
	186.	Candidates for casual vacancy
	187.	Publication of candidates’ details
	188.	Determination of candidate to fill vacancy
	189.	Assembly nominees
	190.	Term of office of MLA declared elected under this Part
	191.	Dissolution or pre-election period
PART xiv—ELECTION FUNDING AND 
FINANCIAL DISCLOSURE
Division 1—Preliminary
	192.	Interpretation
	193.	Related bodies corporate
	194.	Activities of campaign committees
	195.	Disclosure periods
	196.	Gifts—determination of amounts
Division 2—Reporting agents
	197.	Appointed agents
	198.	Non-appointed agents
	199.	Registers of reporting agents
Division 3—Election funding
	200.	Interpretation
	201.	Entitlement to funds
	202.	Threshold
	203.	Claims for payment
	204.	Claims by party reporting agents
	205.	Determination of claims
	206.	Determination of claims—payment and notice
	207.	Revocation of determinations
	208.	Death of candidate
	209.	Application voluntary
Division 4—Disclosure of donations
	210.	Interpretation
	211.	Disclosure of gift
	212.	Disclosure of gifts—non-party groups
	213.	Nil returns
	214.	Disclosure of gifts by persons incurring political
expenditure
	215.	Donations to parties and candidates
	216.	Anonymous gifts
Division 5—Disclosure of electoral 
expenditure
	217.	Interpretation
	218.	Returns of electoral expenditure
	219.	Nil returns
	220.	Returns by broadcasters and publishers
	221.	Multiple elections on same day
Division 6—Annual returns
	222.	Interpretation
	223.	Fund-raising events
	224.	Annual returns	
	225.	Periods of less than financial year	
	226.	Amounts received
	227.	Amounts paid
	228.	Outstanding amounts
Division 7—Compliance
	229.	Interpretation
	230.	Offences
	231.	Investigation—notices
	232.	Investigation—search warrants
	233.	Records
Division 8—Miscellaneous
	234.	Inability to complete returns
	235.	Non-compliance with Part
	236.	Amendment of claims and returns
	237.	Inspection and supply of copies of claims and returns
part XV—review of decisions
	238.	Interpretation
	239.	Reviewable decisions
	240.	Review statements
	241.	Review by Electoral Commission
	242.	Notice of decision of the Electoral Commission
	243.	Review by Administrative Appeals Tribunal
PART xvi—Disputed elections, 
eligibility and vacancies
Division 1—Preliminary
	244.	Interpretation
	245.	Speaker
Division 2—Jurisdiction and powers of 
Supreme Court
	246.	Court of Disputed Elections
	247.	Powers of the Court
	248.	Rules of Court
	249.	Decisions are final
Division 3—Disputed elections
	250.	Validity may be disputed after election
	251.	Persons entitled to dispute elections
	252.	Form of application
	253.	Time for filing application
	254.	Deposit as security for costs
	255.	Registrar to serve copies of application on certain
persons
	256.	Parties to an application
	257.	Withdrawal and abatement of application
	258.	Hearing of applications
	259.	Declarations and orders
	260.	Illegal practices
	261.	Bribery or undue influence by person elected
	262.	Immaterial delays and errors
	263.	Inquiries by Court
	264.	Rejected ballot papers
	265.	Evidence that persons were not permitted to vote
	266.	Inspection of electoral papers
	267.	Commissioner not prevented from accessing documents
	268.	Registrar to serve copies of declarations on certain persons
	269.	Effect of declarations
Division 4—Eligibility and vacancies
	270.	Speaker to state case
	271.	Parties to a referral
	272.	Declarations and orders
	273.	Registrar to serve copy of declarations on Speaker
	274.	Effect of declarations
Division 5—Proceedings
	275.	Procedure
	276.	Legal representation limited
	277.	Admissibility of evidence
	278.	Costs may be awarded against the Territory
PART xvii—ELECTORAL OFFENCES
Division 1—Bribery and improper influence
	279.	Bribery
	280.	Influencing of votes by officers
	281.	Influencing votes of hospital and nursing home patients
Division 2—Protection of rights
	282.	Violence and intimidation
	283.	Discrimination on grounds of political donations
	284.	Employees’ right to leave of absence for voting
Division 3—Campaigning offences
	285.	Interpretation
	286.	Dissemination of electoral matter—authorisers and authors
	287.	Dissemination of electoral matter—letters to the editor
	288.	Dissemination of electoral matter—newspaper and periodical reportage and commentary
	289.	Dissemination of electoral matter—campaign stationery
	290.	‘Advertorials’
	291.	Misleading or deceptive electoral matter
	292.	Inducement to illegal voting—representations of ballot papers
	293.	Graffiti
	294.	Defamation of candidates
	295.	Publication of statements about candidates
	296.	Disruption of election meetings
	297.	Prohibition of canvassing near polling places
	298.	Badges and emblems
	299.	How-to-vote material in polling places
	300.	Evidence of authorisation of electoral matter
Division 4—Voting fraud
	301.	Voting fraud
Division 5—Electoral papers
	302.	Interpretation—electoral papers
	303.	Electoral papers—forgery
	304.	Electoral papers—forfeiture
	305.	Electoral papers—unauthorised possession
	306.	Electoral papers—false or misleading statements
	307.	Electoral papers—defacement etc.
	308.	Electoral papers—signatures
	309.	Electoral papers—witnesses
Division 6—Official functions
	310.	Improper influence—members of Electoral Commission
etc.
	311.	Unauthorised actions by officers
	312.	Identification of voters and votes
	313.	Responses to official questions
	314.	Control of behaviour at voting centres
part XVIII—enforcement
proceedings
Division 1—Injunctions
	315.	Restraining conduct
	316.	Requiring acts or things to be done
	317.	Commissioner not required to give undertakings as to damages
	318.	Powers of the Court
Division 2—Prosecutions
	319.	Investigation of complaints
	320.	Commissioner may prosecute enrolment and voting
offences
	321.	Service of certain process by mail
part xix—miscellaneous
	322.	Extension of time for acts by officers
	323.	Service of documents by fax
	324.	Forms—provision and assistance
	325.	Compliance with approved forms
	326.	Correcting delays, errors and omissions
	327.	Voting statistics to be published
	328.	Collecting further statistical information
	329.	Electoral papers to be securely stored
	330.	Administrative arrangements with the States etc.
	331.	Evidentiary certificates
	332.	Conduct of directors, servants and agents
	333.	Corporations—penalties
	334.	Head of Administration to provide assistance etc.
	335.	Regulations
	23.	Addition
	24.	Renumbering
SCHEDULE

AUSTRALIAN CAPITAL TERRITORY

Electoral (Amendment) Act 1994
No. 14 of 1994
	
An Act to amend the Electoral Act 1992
	[Notified in ACT Gazette S85: 17 May 1994]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1.  This Act may be cited as the Electoral (Amendment) Act 1994.
Commencement
2.  (1)  Sections 1 and 2 of this Act commence on the day on which this Act is notified in the Gazette.
(2)  Subject to subsections (5), (6), (7) and (8), sections 22 and 23 of this Act commence on the day on which this Act is notified in the Gazette.
(3)  The remaining provisions of this Act commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(4)  If a provision referred to in subsection (3) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
(5)  Part XIII of the amended Act commences on the day after the day on which the result of the first election under that Act is declared under section 183.
(6)  Part XVI of the amended Act commences on the day on which Part VI of that Act commences.
(7)  The remaining new provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(8)  If a provision referred to in subsection (7) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
(9)  In this section—
“amended Act” means the Principal Act as amended by this Act;
“new provision” means a provision inserted in the Principal Act by section 22 or 23 of this Act.
Principal Act
3.  In this Act, “Principal Act” means the Electoral Act 1992.1
Long title
4.  The title of the Principal Act is repealed and the following title substituted:
“An Act to provide for elections of members of the Legislative Assembly and related matters”.
Preamble
5.  The preamble to the Principal Act is amended by omitting paragraph 5.
Interpretation
6.  Section 3 of the Principal Act is amended—
	(a)	by omitting “Commission” (second occurring) from the definition of “augmented Commission” and substituting “Electoral Commission”;
	(b)	by omitting the definition of “Electoral Commissioner”; and
	(c)	by inserting the following definitions:
“ ‘AAT’ means the Administrative Appeals Tribunal; 
‘abbreviation’, in relation to the name of a political party, includes an alternative name of the party;
‘address’, in relation to a person, means the address of the person’s principal place of residence (including a residence from which the elector is temporarily absent and to which the elector intends to return for the purpose of residing there);
‘Antarctic elector’ means an elector who is an Antarctic elector by virtue of section 165;
‘approved’ means approved by the Commissioner by notice in  the Gazette;
‘Assembly’ means the Legislative Assembly;
‘authorised officer’ means an officer authorised by the Commissioner for the purpose of the provision in which the expression occurs;
‘broadcast’ includes televise;
‘candidate’ means a person declared to be a candidate under section 103;
‘candidate square’, in relation to a ballot paper, means a square that is printed on a ballot paper adjacent to a candidate’s name by virtue of paragraph 110 (1) (h);
‘certified list of electors’ means a certified list of electors prepared under section 115;
‘Commissioner’ means the Electoral Commissioner appointed under section 20;
‘Commonwealth Electoral Act’ means the Commonwealth Electoral Act 1918 of the Commonwealth;
‘Commonwealth roll’ means the roll of electors for the Territory required by section 81 of the Commonwealth Electoral Act;
‘closed’, in relation to a roll, means closed in accordance with section 74;
‘Court of Disputed Elections’ means the Supreme Court exercising jurisdiction under Part XVI;
‘declaration vote’ means a vote cast in accordance with Division 3 of Part X;
‘declaration voting papers’, in relation to an election, means—
	(a)	a declaration in the approved form to be completed by an elector;
	(b)	a ballot paper suitable for declaration voting at the election;
	(c)	a certificate in the approved form to be completed by a witness to the declaration; and
	(d)	an envelope in the approved form addressed to the Commissioner, on which appears a declaration referred to in paragraph (a);
‘determined fee’ mean the fee determined under section 7A for the purposes of the provision in which the expression occurs;
‘election’ means—
	(a)	an election of an MLA or MLAs; and
	(b)	in relation to an electorate—means such an election for the electorate;
‘election period’, in relation to an election, means the period—
	(a)	beginning on the first day of the pre-election period; and
	(b)	ending when the result of the election is declared under section 183;
‘elector’ means a person who is enrolled, or is to be taken under this Act to be enrolled, for an electorate; 
‘electoral matter’ has the meaning given by section 4;
‘electoral paper’ means a document, form or notice provided for, or required, by or under this Act;
‘eligible overseas elector’ means a person who is an eligible overseas elector by virtue of section 68;
‘extract’, in relation to a roll, has the meaning given by section 53;
‘extraordinary election’ has the meaning given by section 95;
‘general election’ means a general election of MLAs;
‘group’, in relation to candidates in an election, has the meaning given by section 109;
‘hospital’ includes a convalescent home and an institution similar to a hospital or convalescent home;
‘hour of nomination’ has the meaning given by section 102; 
‘MLA’ means a member of the Assembly;
‘officer’ means—
	(a)	a person appointed under section 27C to be an officer; or 
	(b)	a person exercising a power or performing a duty of an officer by virtue of an arrangement under section 64 or 330;
and, in relation to a particular matter, means an officer exercising a power or performing a duty in relation to that matter;
‘OIC’—
	(a)	in relation to a scrutiny centre—means the officer in charge of the centre; and
	(b)	in relation to a polling place—means the officer in charge of the place;
‘ordinary election’ means a general election required by  section 94;
‘ordinary vote’ means a vote other than a declaration vote;
‘party candidate’ means—
	(a)	a candidate at an election nominated by the registered officer of a registered party; and
	(b)	in relation to a registered party, means a candidate nominated by the registered officer of the party;
‘place of nomination’ has the meaning given by section 102;
‘political party’ means an organisation, incorporated or unincorporated, an object or activity of which is the promotion of the election to the Assembly of a candidate or candidates endorsed by it;
‘polling day’ has the meaning given by section 96;
‘polling place’ means a place appointed as a polling place under section 113;
‘postal vote’ means a declaration vote in respect of which the declaration voting papers are given to the elector concerned by virtue of—
	(a)	an application under subsection 130 (4); or
	(b)	section 135;
‘pre-election period’ means the period of 37 days ending on the expiration of polling day for an election;
‘registered officer’, in relation to a registered party, means the person whose name is entered in the Register of Political Parties as the registered officer of the party;
‘registered party’ means a political party registered under section 86;
‘Register of Political Parties’ means the register kept under section 82;
‘review statement’, in relation to a decision by the Commissioner, means a statement referred to in section 240 about that decision;
‘roll’ means a roll of electors kept under this Act;
‘scrutineer’ means a person appointed under section 116 to be a scrutineer;
‘scrutiny centre’ means a place appointed as a scrutiny centre under section 113; 
‘secretary’, in relation to a political party, means the secretary or chief administrative officer (however described) of the party;
‘Self-Government Act’ means the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth;
‘Speaker’ means the Presiding Officer of the Assembly elected under section 11 of the Self-Government Act;
‘staff’, in relation to the Electoral Commission, has the meaning given by section 27A;
‘suppressed address’ means an address particulars of which are required to be suppressed from a roll extract by virtue of section 71;
‘this Act’ includes the regulations.”.
Insertion
7.  After section 3 of the Principal Act the following section is inserted in Part I:
Electoral matter
“4.  (1)  In this Act—
‘electoral matter’ means matter that is intended or likely to affect voting in an election.
“(2)  Without limiting the generality of subsection (1), matter shall be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—
	(a)	the election;
	(b)	the Government, the Opposition, a previous Government or a previous Opposition;
	(c)	an MLA or a former MLA; 
	(d)	a political party or a candidate or group of candidates in the election; or
	(e)	an issue submitted to, or otherwise before, the electors in connection with an election.
“(3)  Without otherwise limiting the generality of subsection (1), during a pre-election period only, matter shall be taken to be intended or likely to affect voting in the election if it contains an express or implicit reference to, or comment on—
	(a)	the Government or Opposition, or a previous Government or Opposition, of the Commonwealth, a State or another Territory; or
	(b)	a member or former member of the legislature of the Commonwealth, a State or another Territory.”.
Substitution
8.  Section 7 of the Principal Act is repealed and the following sections are substituted:
Functions of Electoral Commission
“7.  (1)  The Electoral Commission has the following functions:
	(a)	to advise the Minister on matters relating to elections;
	(b)	to consider, and report to the Minister on, matters relating to elections referred to it by the Minister;
	(c)	to promote public awareness of matters relating to elections and the Assembly by conducting education and information programs and by such other means as it chooses; 
	(d)	to provide information and advice on matters relating to elections to the Assembly, the Executive, the head of any administrative unit of the Public Service, Territory authorities, political parties and candidates at elections;
	(e)	to conduct and promote research into matters relating to elections or other matters relating to its functions; 
	(f)	to publish material on matters relating to its functions; 
	(g)	to provide, on payment of the determined fee (if any), goods and services to persons or organisations, to the extent that it is able to do so by using information or material in its possession or expertise acquired in the performance of its functions;
	(h)	to conduct ballots for prescribed persons and organisations;
	(j)	to perform such other functions as are conferred on it by or under this Act or any other law of the Territory.
“(2)  The Commission may perform any of its functions under paragraphs (1) (a) to (f) (inclusive) in conjunction with the Australian Electoral Commission.
“(3)  A reference in subsection (1) to an election shall be read as including a reference to a referendum and any other ballot.
Determination of fees 
“7A.  (1)  The Electoral Commission may, by notice in the Gazette, determine fees for the purposes of the Act.
“(2)  A determination may provide for any of the following matters:
	(a)	the rate at which a determined fee is to be calculated;
	(b)	the time at which, and the manner in which, the fee is payable to the Territory;
	(c)	the exemption of persons from liability to pay all or part of a determined fee;
	(d)	the deferral of liability by the Commissioner for the payment of all or part of a determined fee;
	(e)	the remission or refund by the Commissioner of all or part of a determined fee, in particular circumstances.
“(3)  A determined fee—
	(a)	is payable to the Territory in accordance with the determination; and
	(b)	may be remitted, deferred or refunded in accordance with the determination.
“(4)  A reference in subsection (3) to a determined fee shall be read as including a reference to a part of a determined fee.
“(5)  A determination is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.”.
Insertion
9.  After section 18 of the Principal Act the following section is inserted:
Delegation
“18A.  The Electoral Commission may, by resolution, delegate to the Commissioner, an officer or a member of the staff of the Electoral Commission all or any of its powers under this Act or any other law of the Territory, other than those under Part IV or XV.”.
Substitution—headings
10.  The heading to Part III of the Principal Act is omitted and the following headings are substituted:
“Part III—Electoral commissioner and staff of Electoral Commission
“Division 1—Electoral Commissioner”.
Substitution
11.  Section 21 of the Principal Act is repealed and the following sections are substituted:
Functions and powers
“21.  (1)  The Commissioner shall be the chief executive officer of the Electoral Commission.
“(2)  In addition to the powers and functions conferred by or under this Act, the Commissioner has such other powers and functions as are conferred on the Commissioner by or under any other law of the Territory.
“(3)  The Commissioner may give written directions to officers and members of the staff of the Electoral Commission with respect to the exercise of their powers or the performance of their functions under this Act.
Delegation
“21A.  The Commissioner may, in writing, delegate to an officer or a member of the staff of the Electoral Commission all or any of the Commissioner’s powers under this Act or any other law of the Territory, other than those under Part IV.”.
Insertion
12.  After section 27 of the Principal Act the following Division is inserted in Part III:
“Division 2—Staff of the Electoral Commission
Staff
“27A.  The staff of the Electoral Commission shall consist of—
	(a)	public servants made available to the Commission by the Head of Administration; and
	(b)	persons employed or engaged under section 27B.
Temporary staff and consultants
“27B.  (1)  The Commissioner may, on behalf of the Territory—
	(a)	employ temporary staff; or
	(b)	engage consultants;
for the purposes of this Act.
“(2)  Temporary staff shall be employed on terms and conditions determined from time to time by the Electoral Commission after consultation with the Executive.
“(3)  Consultants shall be engaged on terms and conditions determined from time to time by the Electoral Commission.
Officers
“27C.  (1)  The Commissioner may, in writing, appoint a person who is at least 18 years of age to be an officer for the purposes of this Act.
“(2)  The officers so appointed include, but are not limited to, the following officers: 
	(a)	the officer in charge of a polling place;
	(b)	the officer in charge of a scrutiny centre;
	(c)	an officer for the purposes of a poll or the scrutiny at an election.
“(3)  A candidate is not entitled to be appointed as an officer, and an officer vacates office if he or she becomes a candidate.
“(4)  The Commissioner has all the powers of an officer and, in the exercise of such a power, is subject to the same obligations as an officer and, for the purposes of this Act, shall be taken to be an officer.
“(5)  Subject to the directions of the OIC, an officer at a polling place or scrutiny centre may exercise any of the powers or perform any of the functions of the OIC and in so doing shall, for the purposes of this Act, be taken to be the OIC.”.
Timing of redistributions
13.  Section 31 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:
“(2)  After each ordinary election, a redistribution process shall, subject to section 31A—
	(a)	begin as soon as practicable after the commencement of the period of 2 years ending on the expiration of the 3rd Saturday in February in the year in which the next ordinary election is due to be held; and
	(b)	be completed as soon as practicable.
“(3)  For the purposes of subsection (2), a redistribution process—
	(a)	begins when a Redistribution Committee is formed for the purposes of a redistribution; and
	(b)	ends when the redistribution of electorates is determined under section 29.”.
Insertion
14.  After section 31 of the Principal Act the following section is inserted:
Suspension of redistribution process—extraordinary elections
“31A.  (1)  In this section—
‘redistribution process’ has the same meaning as in section 31.
“(2)  Where the election period for an extraordinary election commences during a redistribution process, no further action shall be taken under this Act in relation to the redistribution until after the election period.
“(3)  Where, in relation to a proposed redistribution, a notice under this Part invited a response (however described) to be made within a particular period and that period had not expired when the election period for an extraordinary election commences—
	(a)	a further such notice shall be given as soon as practicable after the election period; and 
	(b)	this Act applies in relation to any response made in accordance with the first-mentioned notice as if it had been made in accordance  with the further notice.”.
Augmented Electoral Commission
15.  Section 40 of the Principal Act is amended by inserting in subsection (1) “Electoral” after “augmented”.
Heading to Part V
16.  The heading to Part V of the Principal Act is omitted.
Repeal
17.  Section 48 of the Principal Act is repealed.
Decisions are final
18.  Section 49 of the Principal Act is amended by omitting from subsection (1) “Part IV” and substituting “this Part”.
Validity not affected
19.  Section 50 of the Principal Act is amended by omitting “Part IV” and substituting “this Part”.
References to Electoral Commissioner
20.  Each of the following provisions of the Principal Act is amended by omitting “Electoral Commissioner” (wherever occurring) and substituting “Commissioner”:
Paragraph 6 (1) (b), subsections 18 (5), 20 (2), 22 (1), (2), (3) and (4) and 23 (1), paragraphs 23 (2) (a) and (b), section 24, subsections 25 (1), 26 (1), (2), (3), (4), (5) and (6) and 27 (1), paragraph 32 (3) (a), subsections 33 (1), (2) and (3), paragraphs 40 (2) (b) and 41 (3) (a) and (b).
References to Chief Minister
21.  Each of the following provisions of the Principal Act is amended by omitting “Chief” (wherever occurring):  
Subsection 2 (2), section 9, subsections 11 (3) and 12 (2), section 14, subsections 15 (1) and (2) and 16 (2), paragraph 16 (4) (a), subsections 20 (2) and 22 (2), section 24, subsections 25 (1) and (2) and 26 (2), paragraph 26 (4) (a), subsection 32 (4), paragraph 46 (1) (a) and section 47.
Substitution
22.  Sections 51, 52 and 53 of the Principal Act are repealed and the following Parts substituted:
“Part V—Electoral rolls
Electorate and Territory rolls
“51.  (1)  The Commissioner shall keep a roll of the electors of the Territory consisting of separate rolls of the electors of each electorate.
“(2)  A roll may be kept electronically.
Contents of roll
“52.  (1)  A roll shall contain the following particulars in relation to each elector:
	(a)	surname or family name;
	(b)	each Christian or given name;
	(c)	address;
	(d)	sex;
	(e)	date of birth.
“(2)  A roll may contain the following particulars in relation to each elector:
	(a)	occupation;
	(b)	any former surname;
	(c)	any previous address;
	(d)	postal address, if not the same as the address of the principal place of residence;
	(e)	such further particulars, if any, as are prescribed.
Roll extracts
“53.  (1)  A reference in this Act to an extract from a roll shall be read as a reference to that part of the roll that contains, in relation to each elector enrolled at the time the extract is prepared—
	(a)	the surname or family name;
	(b)	each Christian or given name; and
	(c)	except in relation to—
	(i)	an elector whose address is suppressed;
	(ii)	an eligible overseas elector; 
	(iii)	an Antarctic elector; or
	(iv)	an elector who is enrolled by virtue of his or her enrolment on the Commonwealth roll as an itinerant elector;
the address.
“(2)  A reference in this Act to a roll extract in electronic form shall be read as a reference to a disk, tape or other device from which the information in the extract may be reproduced by mechanical, electronic or other means.
Inspection of printed roll extracts
“54.  (1)  The Commissioner—
	(a)	 shall, at the office of the Commissioner; and
	(b)	may, at such other places as the Commissioner determines;
make a printed extract from each roll available for public inspection during ordinary office hours.
“(2)  A right of inspection under subsection (1) shall not be taken to confer any right to copy, take an extract from, or scan electronically, an extract from a roll.
“(3)  For the purposes of subsection (1), the Commissioner shall prepare an extract of each roll at least once each calendar year.
Supply of printed roll extracts to MLAs etc.
“55.  (1)  At least once each calendar year, the Commissioner shall, on request—
	(a)	give 2 printed extracts from the roll for an electorate to each MLA for the electorate; and 
	(b)	give 2 printed extracts from the roll for each electorate to the registered officer of each registered party.
“(2)  The Commissioner shall, on request and on payment of the determined fee, supply a printed extract from a roll to a person who the Commissioner is satisfied requires the extract for an approved purpose within the meaning of section 57.
Supply of roll extracts in electronic form to MLAs etc.
“56.  (1)  The Commissioner shall, on request, so far as practicable, give a roll extract in electronic form to—
	(a)	an MLA for the electorate to which the roll relates; or
	(b)	the registered officer of a registered party.
“(2)  The Commissioner shall, on request and on payment of the determined fee, supply a roll extract in electronic form, or on microfiche, to a person who the Commissioner is satisfied requires the extract for an approved purpose within the meaning of section 57.
Approved use of roll extracts
“57.  (1)  A person shall not, without reasonable excuse, use information obtained by means of a roll extract provided under section 55 or 56, except for an approved purpose.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  For the purposes of subsection (1), each of the following is an approved purpose:
	(a)	in relation to an MLA—the performance of his or her functions;
	(b)	in relation to the registered officer of a registered party—the performance by an MLA who is a member of the party of his or her functions; 
	(c)	in relation to an MLA or the registered officer of a registered party—
	(i)	a purpose connected with an election; or
	(ii)	monitoring the accuracy of information contained in the roll; 
	(d)	in relation to any person—a prescribed purpose.
Prohibited use of roll extracts
“58.  Except in accordance with section 57, a person shall not, without reasonable excuse—
	(a)	use for a commercial purpose; or
	(b)	disclose to another person; 
information that the person knows, or has reasonable grounds for believing, has been obtained from or by means of a roll extract provided under section 55 or 56.
Penalty:  $5,000 or imprisonment for 6 months, or both.
Provision of roll information to prescribed authorities
“59.  (1)  The Commissioner may give a copy of a roll or information contained on a roll to a prescribed authority if the Commissioner is satisfied that the authority requires the copy or information for a prescribed purpose.
“(2)  A person shall not use information obtained by virtue of subsection (1) except in accordance with the regulations.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(3)  For the purposes of the Juries Act 1967, the Commissioner shall, on request by the Sheriff of the Territory, give the Sheriff a copy of the roll of electors of the Territory.
“(4)  A copy of a roll, or information, may be given to a person under subsection (1) or (3) in printed or electronic form or on microfiche.
“(5)  A copy of a roll, or information, provided under subsection (1) or (3) shall not include—
	(a)	a suppressed address;
	(b)	the address of an eligible overseas elector; or
	(c)	the address of an Antarctic elector.
“(6)  The regulations may provide for the manner in which a prescribed authority may deal with information, or information obtained from a copy of a roll, provided under subsection (1).
Maintenance of rolls
“60.  (1)  The  Commissioner shall, so far as practicable, keep the rolls up to date.
“(2)  The Commissioner may alter a roll at any time as follows:
	(a)	to register any change of name;
	(b)	to bring up to date any particulars appearing on the roll;
	(c)	to correct any mistake or omission;
	(d)	to remove the name of a deceased elector;
	(e)	in respect of a person who is enrolled on the Commonwealth roll—to reflect any alteration under section 105 of the Commonwealth Electoral Act in respect of that enrolment.
Power to require information
“61.  (1)  The Commissioner may, by written notice, require—
	(a)	the administrative head of a unit of the Public Service;
	(b)	the chief executive officer (however described) of a Territory authority; or
	(c)	the occupier of any residence;
to give to the Commissioner or a specified officer specified information required in connection with the preparation, maintenance or revision of a roll. 
“(2)  A notice shall specify the time within which the information is to be so given.
“(3)  A person who, without reasonable excuse, contravenes such a requirement is guilty of an offence punishable, on conviction, by a fine not exceeding $500.
“(4)  Subsection (3) does not apply where compliance with the requirement would involve the disclosure of information in contravention of any other law. 
Notice of registered deaths
“62.  The Registrar-General shall give to the Commissioner, on request, particulars entered in the Register of Deaths during the period to which the request relates in respect of the death of each person aged 17 years or older.
Disclosure of roll information
“63.  (1)  A person to whom this section applies shall not, without reasonable excuse, give a copy of a roll, an extract from a roll, or information contained on a roll, to another person except for the purposes of this Act.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  This section applies to a person who is, or has been—
	(a)	the Commissioner; 
	(b)	an officer; or
	(c)	a member of the staff of the Electoral Commission.
Joint roll arrangements with the Commonwealth
“64.  (1)  The Minister may arrange with the Governor-General for—
	(a)	the preparation, alteration or revision of the rolls; or
	(b)	the carrying out of any procedure relating to the preparation, alteration or revision of the rolls;
jointly by the Commonwealth and the Territory.
“(2)  Where such an arrangement is in force,  a roll may contain—
	(a)	the names and particulars of persons who are enrolled as electors of the Commonwealth but not as electors of the Territory, provided that it is clearly indicated that they are not enrolled as electors of the Territory; 
	(b)	distinguishing marks against the names of persons enrolled as electors of the Territory but not as electors of the Commonwealth, to show that they are not electors of the Commonwealth; and
	(c)	other particulars in addition to those required by or under this Act to be included in the roll;
and, for the purposes of this Act, the names of electors of the Commonwealth and those marks and particulars shall not be taken to be part of the roll.
“part VI—enrolment
Interpretation
“65.  (1)  For the purposes of this Part, the following persons enrolled on the Commonwealth roll shall be taken not to be so enrolled:
	(a)	a person whose address recorded on that roll is not in the Territory;
	(b)	a person who is an eligible overseas elector for the purposes of the Commonwealth Electoral Act but not an eligible overseas elector for the purposes of this Act.
“(2)  For the purposes of this Part, the address of a person who is serving a sentence of imprisonment is—
	(a)	if the person is enrolled on the Commonwealth roll—the address recorded on that roll in respect of the person; or
	(b)	where paragraph (a) does not apply—
	(i)	the person’s address immediately before the person began serving the sentence; or
	(ii)	if the person did not have an address immediately before beginning to serve the sentence—the address of the place at which the person is serving the sentence.
Entitlement
“66.  (1)  A person is entitled to be enrolled for an electorate if—
	(a)	the person is entitled to be enrolled on the Commonwealth roll otherwise than by virtue of section 100 of the Commonwealth Electoral Act; and
	(b)	the person’s address is in the electorate.
“(2)  A person is not entitled to be enrolled for more than 1 electorate.
Compulsory enrolment etc.—residents
“67.  (1)  A person who—
	(a)	is entitled to be enrolled for an electorate; and
	(b)	is not enrolled on any roll;
shall, subject to subsection (5), make a claim for enrolment within 21 days after the day on which the person became so entitled.
“(2)  An elector who—
	(a)	is enrolled for an electorate; and
	(b)	is entitled, following a change of address, to be enrolled for another electorate; 
shall, subject to subsections (4) and (5), make a claim for a transfer of enrolment within 52 days after the date of the change of address.
“(3)  An elector who changes address within an electorate shall, subject to subsections (4) and (5), give the Commissioner written notice setting out the particulars of the new address within 52 days after the date of the change of address.  
“(4)  Subsections (2) and (3) do not apply to an eligible overseas elector, an Antarctic elector or a person who is not at least 18 years of age.
“(5)  Where a person is enrolled on the Commonwealth roll otherwise than by virtue of section 100 of the Commonwealth Electoral Act and the address recorded on that roll in respect of the person is an address in an electorate—
	(a)	the person shall be taken—
	(i)	to have made a claim under subsection (1) or (2), or given notice under subsection (3), whichever is appropriate; and
	(ii)	to be enrolled for the electorate; and
	(b)	the particulars recorded on the Commonwealth roll in respect of the person shall, so far as practicable, be taken to be the particulars recorded on the roll for the electorate.
“(6)  A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) is guilty of an offence punishable, on conviction, by a fine not exceeding $50.
Eligible overseas electors
“68.  (1)  An elector—
	(a)	who is, for the purposes of the Commonwealth Electoral Act, an eligible overseas elector;
	(b)	whose address, recorded on the Commonwealth roll when the elector became a person referred to in paragraph (a), was an address in an electorate; and
	(c)	who has, for the purposes of this Act, indicated an intention to reside, or resume residing, in the Territory after ceasing to be a person referred to in paragraph (a); 
is, subject to subsection (4), an eligible overseas elector for the purposes of this Act in relation to the electorate in which that address is located.
“(2)  The Commissioner shall annotate the roll for an electorate so as to indicate the name of each person who is an eligible overseas elector in relation to the electorate.
“(3)  The Commissioner shall cancel an annotation in respect of a person if—
	(a)	the person ceases to be an eligible overseas elector for the purposes of the Commonwealth Electoral Act; or
	(b)	the person notifies the Commissioner that he or she does not intend to reside, or to resume residing, in the Territory after ceasing to be an eligible overseas elector for the purposes of the Commonwealth Electoral Act.
“(4)  A person ceases to be an eligible overseas elector for the purposes of this Act on the day on which the annotation in respect of the person is cancelled.
Age 17 enrolment
“69.  (1)  The Commissioner shall enrol a person on the roll for an electorate if the person—
	(a)	is at least 17 years of age; 
	(b)	would, had the person attained the age of 18 years, be entitled to be enrolled for the electorate; and
	(c)	makes a claim for enrolment.
“(2)  Where a person is enrolled on the Commonwealth roll by virtue of section 100 of the Commonwealth Electoral Act and the address recorded on that roll is an address in an electorate—
	(a)	the person shall be taken—
	(i)	to have made a claim for enrolment under this section; and
	(ii)	to be enrolled under this section on the roll for the electorate; and
	(b)	the particulars recorded on the Commonwealth roll in respect of the person shall, so far as practicable, be taken to be the particulars recorded on the roll for the electorate.
Enrolment etc.
“70.  (1)  In this section—
‘claim’ means a claim for enrolment or transfer of enrolment.
“(2)  Except as otherwise provided by this Act, the name of a person shall not be added to a roll except pursuant to a claim.
“(3)  A claim shall be—
	(a)	in the approved form;
	(b)	signed by the claimant and the signature witnessed by an elector or a person entitled to be an elector; and
	(c)	given to the Commissioner.
“(4)  On a claim under subsection (2), the Commissioner shall, subject to section 74—
	(a)	enrol the claimant, if satisfied that he or she is entitled to be enrolled pursuant to the claim; or
	(b)	reject the claim.
“(5)  After making a decision about a claim under subsection (2), the Commissioner shall give the claimant—
	(a)	if the claim is accepted—written notice of the decision specifying the electorate in which the claimant is enrolled; or
	(b)	if the claim is rejected—a review statement about the decision.
Suppression of elector’s address
“71.  (1)  Where—
	(a)	an elector is enrolled on the Commonwealth roll; and
	(b)	by virtue of section 104 of the Commonwealth Electoral Act, the particulars of the elector’s address have not been included on, or have been deleted from, the Commonwealth roll;
the Commissioner shall suppress the particulars of the elector’s address from any extract from the roll on which the elector is enrolled under this Act.
“(2)  Where an elector is not enrolled on the Commonwealth roll, on the elector’s request for the suppression of particulars of his or her address from an extract from any roll, the Commissioner shall—
	(a)	grant the request; or
	(b)	refuse the request.
“(3)  A request shall—
	(a)	be in the approved form;
	(b)	set out the reasons for the request; and 
	(c)	be verified by statutory declaration.
“(4)  The Commissioner shall grant a request under subsection (2) if he or she is satisfied on reasonable grounds that the inclusion of the particulars of the elector’s address on an extract from the roll would place at risk the personal safety of the elector or any member of the elector’s family.
“(5)  After making a decision about a request under subsection (2), the Commissioner shall give the person who made the request—
	(a)	if the request is granted—written notice of the decision; or
	(b)	if the request is refused—a review statement about the decision.
Inclusion of particulars on roll following suppression
“72.  (1)  This section applies where the address of an elector has been suppressed under subsection 71 (2).
“(2)  The Commissioner shall include the particulars of the elector’s address on an extract from the roll if the Commissioner is satisfied on reasonable grounds that the inclusion of the particulars would not place at risk the personal safety of the elector or any member of the elector’s family.
“(3)  After making a decision under subsection (2), the Commissioner shall give the elector a review statement about the decision.
Suppression of elector’s address pending review
“73.  (1)  This section applies where the Commissioner makes either of the following decisions:
	(a)	a decision under paragraph 71 (2) (b) to refuse to suppress an elector’s address from an extract from a roll; 
	(b)	a decision under subsection 72 (2) to include particulars of an elector’s address on an extract from a roll.
“(2)  The Commissioner shall suppress the particulars of the relevant elector’s address from any extract from a roll from the defined date until—
	(a)	if no application for a review of the relevant decision has been made to the Electoral Commission within a period of 28 days after the elector is given a review statement about the decision—the expiration of that period;
	(b)	if, on a review, the Electoral Commission affirms the relevant decision, and no application for a review of the Commission’s decision has been made to the AAT—the expiration of the period of 28 days after the elector is given a notice under section 242;
	(c)	if, on a review, the AAT affirms the decision of the Electoral Commission, and no appeal to the Supreme Court is instituted—the expiration of the period of 28 days after the elector is given notice of the decision of the AAT; or
	(d)	if an appeal to the Supreme Court is so instituted within that period—proceedings on the appeal are completed.  
“(3)  Subsection (2) has effect subject to—
	(a)	an order of the Electoral Commission under section 241;
	(b)	any order of the AAT; and
	(c)	any order of the Supreme Court.
“(4)  In this section—
‘defined date’ means—
	(a)	in relation to a decision under paragraph 71 (2) (b) to refuse to suppress an elector’s address from an extract from a roll—the date of the request for suppression; or
	(b)	in relation to a decision under subsection 72 (2) to include particulars of an elector’s address on an extract from a roll—the date of the decision.
Closed rolls
“74.  (1)  For the purposes of this Act, the roll for an electorate shall be taken to be closed during the period—
	(a)	commencing at 6 p.m. on the 29th day before polling day for an election in the electorate; and 
	(b)	ending at the close of polling at the election.
“(2)  While a roll is closed, subject to subsections (3) and (4) and section 60—
	(a)	a person shall not be enrolled;
	(b)	a person shall not be taken to be enrolled under subsection 67 (5) or 69 (2) if the person’s enrolment on the Commonwealth roll is effected during the closure;
	(c)	a name shall not be removed;
	(d)	an annotation in relation to the roll shall not be made or cancelled under section 68; and
	(e)	a change of address shall not be recorded. 
“(3)  Paragraph (2) (c) shall not be taken to prevent the removal, while a roll is closed, of the name of a person who the Commissioner believes on reasonable grounds made a statement in a claim for enrolment or transfer of enrolment that was false or misleading in a material particular.
“(4)  Where the Australian Postal Corporation notifies the Commissioner in writing that the delivery of a posted claim for enrolment or transfer of enrolment has been delayed by an industrial dispute and, but for the dispute, would have been delivered to the Commissioner before the close of the roll for an election—
	(a)	paragraphs (2) (a) and (c) shall not be taken to prevent the enrolment of an elector or the removal of an elector’s name from another roll as a consequence of such an enrolment; and
	(b)	where the claimant is enrolled in accordance with the claim—the enrolment shall be taken, in relation to any vote cast by the claimant in the election, to have been effected before the roll closed.
“(5)  In subsection (2)—
	(a)	a reference to enrolment shall be read as including a reference to the enrolment of a person who is to be taken to have been enrolled under this Part; and 
	(b)	a reference (expressed or implied) to particulars relating to a person shall be read as including a reference to particulars that are to be taken to be recorded on the roll under this Part.
Objections to enrolment
“75.  (1)  This section applies in relation to the enrolment of a person who is enrolled under this Act but is not enrolled under the Commonwealth Act.
“(2)  An elector may object to the enrolment of a person on the ground that the person is not entitled to enrolment by virtue of section 66.
“(3)  An objection shall—
	(a)	be in the approved form;
	(b)	set out the grounds on which it is made; and
	(c)	be accompanied by a deposit of $2 or any higher amount prescribed by the regulations.
“(4)  The Commissioner shall reject an objection without notifying the person whose enrolment it concerns if—
	(a)	the objection is made on the ground that the person enrolled is of unsound mind and is not accompanied by a supporting medical certificate; or
	(b)	the Commissioner believes on reasonable grounds that the objection is frivolous or vexatious.
“(5)  After the Commissioner rejects an objection by virtue of subsection (4), he or she shall—
	(a)	where paragraph (4) (a) applies—give the objector written notice of the rejection; and
	(b)	where paragraph (4) (b) applies—give the objector a review statement about the decision to reject the objection.
“(6)  If—
	(a)	an objection is made to the enrolment of a person; or 
	(b)	the Commissioner believes on reasonable grounds (other than on the grounds that the elector is of unsound mind) that a person enrolled is not entitled to be enrolled;
the Commissioner shall, subject to subsection (4), give the person written notice of the objection or belief inviting the person to respond within 21 days after the date of the notice.
“(7)  After considering any such response, the Commissioner shall determine the person’s entitlement to enrolment and—
	(a)	confirm the enrolment; or
	(b)	remove the person’s name from the roll.
“(8)  After making a decision under subsection (7) about the enrolment of a person, the Commissioner shall—
	(a)	in the case of a decision to confirm the enrolment—give the person, and any objector, written notice of the decision; or
	(b)	in the case of a decision to remove the person’s name from the roll—
	(i)	give the person a review statement about the decision; and
	(ii)	if an objection has been duly made to the enrolment—give the objector written notice of the decision.
“(9)  Where a person’s name is removed from a roll as a result of an objection, the Commissioner shall return the deposit lodged with the objection to the objector.
Record of claims for enrolment
“76.  (1)  If the Commissioner is satisfied that a record of the particulars of a claim for enrolment or transfer of enrolment is kept on microfiche, microfilm or in any other appropriate permanent form, the claim may be destroyed.
“(2)  A record of particulars of a claim that is kept in accordance with subsection (1) is evidence of the particulars of that claim.
Processing enrolment claims
“77.  An officer who receives a claim for enrolment or transfer of enrolment shall do everything practicable to process the claim.
Transmission of enrolment claims
“78.  A person who accepts for transmission to the Commissioner a claim for enrolment or transfer of enrolment shall transmit the claim to the Commissioner as soon as is practicable.
Penalty:  $1,000.
Production of claims for enrolment before a court
“79.  (1)  This section applies to a person who is, or has been—
	(a)	a member of the Electoral Commission;
	(b)	the Commissioner;
	(c)	an officer; or
	(d)	a member of the staff of the Electoral Commission.
“(2)  A person to whom this section applies shall not, except for the purposes of this Act, be required—
	(a)	to produce in a court a claim for enrolment; or
	(b)	to divulge or communicate to a court any matter or thing in relation to a claim for enrolment that has come to the person’s notice in the performance of duties or functions under this Act.
“(3)  In this section—
‘court’ includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
Claims for enrolment not subject to warrants
“80.  A warrant issued under a law of the Territory authorising the seizure of a document related to an offence does not authorise the seizure of a claim for enrolment or transfer of enrolment.
“part VII—registration of political parties
Interpretation
“81.  (1)  In this Part, unless the contrary intention appears—
‘eligible political party’ means—
	(a)	a parliamentary party; or 
	(b)	a political party (other than a parliamentary party) that has at least 100 members; 
‘member’, in relation to a political party, means a member of the party who is an elector or entitled to be an elector;
‘parliamentary party’ means a political party at least 1 member of which is a member of—
	(a)	the Assembly;
	(b)	the Parliament of the Commonwealth; or
	(c)	the legislature of a State or another Territory; 
‘registered’ means registered under this Part.
“(2)  For the purposes of this Part, 2 political parties shall be taken to be related if—
	(a)	1 is a part of the other; or 
	(b)	both are parts of the same political party. 
Register
“82.  (1)  The Commissioner shall keep a register, called the Register of Political Parties, of the political parties registered under this Part.
“(2)  The register may be kept electronically.
“(3)  The register shall contain the following particulars in respect of each registered party:
	(a)	the name of the party;
	(b)	any abbreviation of the name of the party, as set out in the application for registration, that the party intends to use for the purposes of this Act;
	(c)	the name and address of the registered officer of the party.
“(4)  The Commissioner shall make the register available for public inspection at the office of the Commissioner during ordinary office hours.
Application for registration
“83.  An application for the registration of an eligible political party shall—
	(a)	be in the approved form, signed by the secretary of the party;
	(b)	contain a specimen signature of the person who is to be the registered officer; and
	(c)	be accompanied by a copy of the constitution of the party.
Further information
“84.  (1)  For the purposes of this Part, the Commissioner may, by written notice given to an applicant for registration, require the applicant to give specified information, or a specified document, relating to the application to the Commissioner  within a specified period.
“(2)  If the applicant fails to comply with the requirement, the Commissioner may refuse the application.
“(3)  If the Commissioner refuses an application under subsection (2), he or she shall give the applicant a review statement about the decision to refuse the application.
Publication of notice of applications
“85.  (1)  On receipt of an application for the registration of a political party, the Commissioner shall, subject to sections 84, 87 and 88, publish a notice of the application in the Gazette and a daily newspaper circulating in the Territory. 
“(2)  The notice shall—
	(a)	set out the particulars referred to in subsection 82 (3) in respect of the application;
	(b)	indicate that copies of the application and the constitution of the party are available for public inspection at the office of the Commissioner during ordinary office hours; and
	(c)	invite any person who objects to the registration to lodge a written notice of objection with the Commissioner within 14 days after the date of the publication of the notice in the Gazette.
“(3)  A notice of objection shall—
	(a)	set out the grounds of the objection;
	(b)	specify the name and address of the objector; and
	(c)	be signed by the objector.
“(4)  The Commissioner shall make available for public inspection at the office of the Commissioner during ordinary office hours—
	(a)	copies of the application and the constitution of the party; and
	(b)	copies of any duly made notice of objection.
“(5)  The Commissioner shall give to the person nominated in the application to be the registered officer of the party—
	(a)	a copy of any duly made notice of objection; and 
	(b)	a notice inviting the person to give any response to the objection to the Commissioner within 14 days after the date of the notice.
“(6)  The Commissioner shall make any response submitted in accordance with subsection (5) available for public inspection at the office of the Commissioner during ordinary office hours.
“(7)  The Commissioner shall consider any duly made objection in determining whether to register the party.
Registration
“86.  (1)  Subject to this Part, the Commissioner shall register an eligible political party in respect of which an application for registration has been made.
“(2)  After the Commissioner registers an eligible political party, he or she shall—
	(a)	publish notice of the registration in the Gazette;
	(b)	give the secretary of the party written notice of the registration; and
	(c)	if an objection has been duly made to the application for registration—give the objector a review statement about the decision to register the party.
Refusal of applications
“87.  (1)  The Commissioner shall refuse an application for the registration of a political party if—
	(a)	the Commissioner believes on reasonable grounds that the party is not an eligible political party; 
	(b)	the person nominated to be the registered officer of the party is the registered officer of a registered party; or
	(c)	the party is ineligible for registration by virtue of section 93.
“(2)  The Commissioner shall refuse an application for the registration of an eligible political party if the Commissioner believes on reasonable grounds that the name of the party or any abbreviation of that name set out in the application for registration that the party intends to use for the purposes of this Act—
	(a)	comprises more than 6 words;
	(b)	is obscene;
	(c)	is the name, or an abbreviation or acronym of the name, of another party;
	(d)	so nearly resembles the name, or an abbreviation or acronym of the name, of another party that it is likely to be confused with or mistaken for that name, abbreviation or acronym; 
	(e)	comprises the word ‘Independent’;
	(f)	comprises the words ‘Independent Party’; or 
	(g)	comprises or contains the word ‘Independent’ and—
	(i)	the name, or an abbreviation or acronym of the name, of another party; or
	(ii)	matter that so nearly resembles the name, or an abbreviation or acronym of the name, of another party, that the matter is likely to be confused with or mistaken for that name, abbreviation or acronym. 
“(3)  After the Commissioner refuses an application for the registration of a political party, he or she shall—
	(a)	give the secretary of the party a review statement about the decision to refuse the application; and
	(b)	if an objection has been duly made to the application—give the objector written notice of the refusal.
“(4)  In subsection (2)—
‘another party’, in relation to a political party, means—
	(a)	a parliamentary party; or
	(b)	a registered party;
other than the first-mentioned party or a political party related to the first-mentioned party.
Variation of applications
“88.  (1)  Where it appears to the Commissioner that an application for the registration of an eligible political party should be refused but that the application might be varied so as to avoid the refusal, the Commissioner shall give the applicant written notice to that effect, including a statement—
	(a)	setting out the reasons for that view; and 
	(b)	describing the effect of subsections (2) and (3).
“(2)  Where such a notice is given, the Commissioner is not required to give further consideration to the application to which it relates unless and until a request is made in accordance with subsection (3). 
“(3)  Where, within 28 days after the date of such a notice, the applicant gives the Commissioner a written request, signed by the applicant—
	(a)	to vary the application in a specified manner; or
	(b)	to proceed with the application in the form in which it was made;
the Commissioner shall comply with the request. 
“(4)  An application varied in accordance with such a request shall be treated as if it were a new application for the registration of a political party. 
Changes to Register
“89.  (1)  The secretary of a registered political party may apply to the Commissioner to change, or add to, the particulars registered in relation to the party.
“(2)  This Part, other than section 88 and this section apply, so far as practicable, in relation to an application for a change or addition to the registered particulars as if it were an application for registration and any objection to the application were an objection to registration.
No action in pre-election period
“90.  During a pre-election period, no action shall be taken under this Part in relation to the registration of a political party.
Deputy registered officer
“91.  (1)  For the purposes of Part IX or X, a registered officer may appoint a deputy registered officer by giving the Commissioner written notice, signed by the officer and proposed deputy, specifying the name and address of the deputy.
“(2)  For the purposes of those Parts, a deputy registered officer has all the powers, and may perform any of the functions, of the registered officer and, in that exercise or performance, is subject to the same obligations as the officer and shall be taken to be the officer.
Cancellation of registration
“92.  (1)  The Commissioner shall cancel the registration of a political party on request by the secretary of the party.
“(2)  A request shall be in writing, signed by the applicant, setting out the name and address of the applicant.
“(3)  The Commissioner shall cancel the registration of a political party if it has not endorsed a candidate at either of the past 2 consecutive general elections.
“(4)  The Commissioner shall cancel the registration of a political party if the Commissioner believes on reasonable grounds that—
	(a)	the party has ceased to exist (whether by amalgamation with another political party or otherwise);
	(b)	the party has ceased to be an eligible political party; or
	(c)	the registration of the party was obtained by fraud or misrepresentation.
“(5)  The Commissioner shall not cancel the registration of a political party under subsection (4) unless the Commissioner has—
	(a)	given the secretary, or the last secretary, of the party, written notice of the proposed cancellation—
	(i)	setting out the reasons for the proposed cancellation; and
	(ii)	inviting him or her to give to the Commissioner a written notice of any objection to the cancellation within 14 days after the date of the first-mentioned notice; 
	(b)	published a notice of the proposed cancellation in the Gazette inviting any person who objects to the proposal to lodge a written notice of objection with the Commissioner within 14 days after the date of publication; and
	(c)	considered any such objection.
“(6)  After the Commissioner cancels the registration of a political party, he or she shall—
	(a)	publish notice of the cancellation in the Gazette;
	(b)	in the case of a cancellation under subsection (3)—give written notice of the cancellation to the last registered officer of the party; and
	(c)	in the case of a cancellation under subsection (4)—give a review statement about the decision to cancel the registration to the last registered officer of the party.
“(7)  After an objection has been duly made to the proposed cancellation of a political party, if the Commissioner decides not to cancel the party’s registration, he or she shall give written notice of the decision to—
	(a)	the registered officer of the party; and
	(b)	in the case of an objection not made by or on behalf of the party—the objector.
Use of party name after cancellation of registration
“93.  (1)  Where the registration of a political party is cancelled, that party, or a party that has a name that so nearly resembles the name of the first-mentioned party that it is likely to be confused with or mistaken for that name, is ineligible for registration until after the general election next following the cancellation. 
“(2)  A reference in subsection (1) to the name of a political party shall be taken to include a reference to an abbreviation of the name.
“Part VIII—timing of elections
Ordinary elections
“94.  (1)  Subject to subsections (2) and (3)—
	(a)	the first general election under this Act shall be held on 18 February 1995; and
	(b)	each subsequent general election under this Act shall be held on the 3rd Saturday in February in the 3rd year after the year in which the last ordinary election was held.
“(2)  Where, but for this subsection, an election in accordance with subsection (1) would be held on the day on which an election of Senators, or a general election of members of the House of Representatives, would be held, the election shall be held—
	(a)	on the 1st Saturday in April in the year in which it would, but for this subsection, be held; or
	(b)	if that Saturday is Easter Saturday—on the preceding Saturday.
“(3)  Where an extraordinary general election has been held in the 6 months before the day on which an election in accordance with subsection (1) or (2) would, but for this subsection, have been held—
	(a)	the election shall not be held; and
	(b)	this section applies in relation to subsequent ordinary elections as if the election had been held.
Extraordinary elections
“95.  (1)  For the purposes of this Act, an extraordinary election is—
	(a)	a general election required by section 16 of the Self-Government Act;
	(b)	a general election required by section 48 of the Self-Government Act;
	(c)	an election of an MLA or MLAs required by section 120; or
	(d)	an election of an MLA or MLAs required by section 269.
“(2)  An extraordinary election required by section 120 shall be held on a Saturday specified by the Executive by notice in the Gazette, being not earlier than 36 days, nor later than 90 days, after the day on which the election failed.
“(3)  Where the Court of Disputed Elections declares an election void, an extraordinary election required by section 269 shall be held on a Saturday, specified by the Executive by notice in the Gazette, being not earlier than 36 days, nor later than 90 days, after the day on which the declaration is made.
“(4)  For the purposes of subsection (2) or (3), the Executive shall not specify a day that is the polling day for an election of Senators or a general election of the House of Representatives.
Polling day
“96.  (1)  Subject to section 105, a poll shall be held for an election on the day on which the election is required to be held under this Part.
“(2)  A reference in this Act to the polling day for an election shall, unless the contrary intention appears, be read as a reference to the day on which, but for section 105, a poll for the election would be required.
“Part IX—Arrangements for elections
“Division 1—Nominations
Eligibility—MLAs
“97.  (1)  Subject to subsections (2) and (4), a person who is—
	(a)	an Australian citizen;
	(b)	at least 18 years of age; and 
	(c)	an elector or entitled to be an elector; 
is eligible to be an MLA.
“(2)  A person is not eligible to be an MLA if—
	(a)	the person is a member of—
	(i)	the Parliament of the Commonwealth; or
	(ii)	the legislature of a State or another Territory; or
	(b)	the person—
	(i)	holds an office or appointment (other than a prescribed office) under a law of the Territory, the Commonwealth, a State or another Territory; or
	(ii)	is employed by the Territory, the Commonwealth, a State or another Territory, or by a Territory authority or a body (whether corporate or not) established by a law of the Commonwealth, a State or another Territory;
and is entitled to any remuneration or allowance (other than reimbursement of expenses reasonably incurred) in respect of the office, appointment or employment.
“(3)  In subparagraph (2) (b) (i)—
‘prescribed office’ means an office of Speaker, Deputy Speaker, Chief Minister, Deputy Chief Minister, Minister or MLA.
“(4)  A person who—
	(a)	is convicted of an offence against—
	(i)	section 279 or 282;
	(ii)	section 347 of the Crimes Act 1900 in relation to an offence referred to in subparagraph (i);
	(iii)	section 28 of the Crimes Act 1914 of the Commonwealth; or
	(iv)	section 7 of the Crimes Act 1914 of the Commonwealth in relation to an offence referred to in subparagraph (iii); or
	(b)	is found by the Court of Disputed Elections to have contravened a section referred to in paragraph (a) while a candidate;
is not eligible to be an MLA during the period of 2 years commencing on the date of the conviction or finding. 
Qualifications for nomination
“98.  A person is not eligible to be nominated for election as an MLA unless, at the hour of nomination—
	(a)	the person is eligible to be an MLA; or 
	(b)	in the case of a person referred to in paragraph 97 (2) (b)—the person would, but for that paragraph, be eligible to be an MLA.
Candidates to be nominated
“99.  (1)  A person is not eligible for election as an MLA unless the person is nominated in accordance with this section.
“(2)  A person may be nominated to be a candidate for election only by—
	(a)	the registered officer of a registered party that endorses the person as a party candidate in the election; or
	(b)	2 electors entitled to vote at the election.
“(3)  A nomination shall be made by giving to the Commissioner, during the pre-election period but not later than 24 hours before the hour of nomination—
	(a)	a duly completed nomination form; and
	(b)	a deposit of the prescribed amount in legal tender or a banker’s cheque.
“(4)  A nomination form shall—
	(a)	be in the approved form;
	(b)	subject to subsection (7), set out the particulars of the name, address and occupation of the nominee; 
	(c)	contain a statement, signed by the nominee, to the effect that he or she consents to the nomination, and to be an MLA if elected;
	(d)	contain a declaration, signed by the nominee, to the effect that he or she is eligible to be nominated;
	(e)	specify the form in which the nominee’s name is to be printed on the ballot papers for the election;
	(f)	if the nomination is made by the registered officer of a registered party—specify any registered abbreviation of the name of the party that is to be printed on the ballot papers for the election; 
	(g)	if the nomination is made by 2 electors entitled to vote at the election—specify whether the word ‘Independent’ is to be printed on the ballot paper adjacent to the candidate square for the nominee; and
	(h)	be signed by the nominator or each nominator.
“(5)  A nomination form shall name a nominee only by specifying—
	(a)	the surname or family name, and the given name under which the nominee is enrolled; or
	(b)	if the nominee is not an elector—the surname or family name, and the given name under which the nominee is entitled to be enrolled.
“(6)  A given name shall be taken to be specified for the purposes of subsection (5), if the nomination form specifies—
	(a)	a commonly accepted variation of that name (including an abbreviation or truncation of that name or an alternative form of that name); or
	(b)	an initial standing for that name.
“(7)  Where the address of a nominee is a suppressed address, the nomination form need not specify the address but, in that case, the  nominee shall notify the Commissioner in writing of his or her address for correspondence.
“(8)  A nomination is not invalid by reason only of a formal defect or error if this section has been substantially complied with.
“(9)  In paragraph (3) (b)—
‘prescribed amount’ means $250 or any other amount prescribed by the regulations.
Multiple nominations invalid
“100.  If, at the hour of nomination in relation to an election—
	(a)	a person is nominated more than once to be a candidate for election in a particular electorate; or
	(b)	a person is nominated to be a candidate for election in more than 1 electorate; 
each such nomination is invalid.
Withdrawal etc. of consent to nomination
“101.  (1)  A person nominated to be a candidate may withdraw his or her consent to the nomination by giving the Commissioner a written notice of withdrawal not later than 24 hours before the hour of nomination.
“(2)  The registered officer may cancel a nomination made by the officer by giving the Commissioner a written notice of cancellation not later than 24 hours before the hour of nomination.
“(3)  On receipt of a notice referred to in subsection (1) or (2), the Commissioner shall cancel the nomination and pay the amount of the deposit lodged to the nominee.
Place and hour of nomination
“102.  (1)  The place of nomination in relation to an election is—
	(a)	the office of the Commissioner; or
	(b)	any other place approved as the place of nomination.
“(2)  The hour of nomination in relation to an election is 12 o’clock noon on the 22nd day before polling day for the election.
Declaration of candidates
“103.  (1)  As soon as practicable after the hour of nomination, the Commissioner shall, at the place of nomination, publicly produce all nomination forms and declare each person duly nominated to be a candidate.
“(2)  A declaration in respect of a candidate shall specify—
	(a)	the name of the candidate; and
	(b)	the name of any registered party by which the candidate is endorsed.
“(3)  As soon as practicable after the declaration, the Commissioner—
	(a)	 shall, at the office of the Commissioner; and
	(b)	may, at such other places as the Commissioner determines;
arrange for a notice containing particulars relating to each candidate to be displayed.
“(4)  A notice shall not specify the address of a candidate if it is a suppressed address.
Rejection of nominations
“104.  (1)  The Commissioner shall reject a nomination if, and only if, the nomination form in respect of a person is not substantially in accordance with section 99.
“(2)  The Commissioner shall give a person whose nomination is rejected written notice of the rejection, setting out the reasons for the rejection.
Need for a poll
“105.  (1)  If the number of candidates for an election is not greater than the number required to be elected, the Commissioner shall, in accordance with section 183, declare the candidate or candidates elected.
“(2)  If the number of candidates for election is greater than the number required to be elected, a poll shall be held in accordance with this Act.
Death of candidate before polling day
“106.  Where a candidate dies before polling day and the number of candidates remaining is not greater than the number required to be elected, the Commissioner shall, in accordance with section 183, declare the remaining candidates elected.
Deposit—return or forfeiture
“107.  (1)  A deposit paid in respect of the nomination of a candidate shall be returned to the candidate, after the result of an election is declared, if—
	(a)	the candidate is elected; 
	(b)	at the time at which the candidate is excluded from a poll pursuant to a scrutiny in accordance with Schedule 4, his or her total votes equal or exceed 20% of the quota for the election; or
	(c)	the candidate is neither elected nor excluded and his or her total votes, at  any stage of the counting, equal or exceed 20% of the quota for the election.
“(2)  Where—
	(a)	a nominee dies before the candidates are declared for an election; or
	(b)	a candidate dies before polling day;
the Commissioner shall pay the amount of the deposit lodged to the deceased’s personal representative.
“(3)  Subject to subsections (1) and (2), a deposit made in respect of the nomination of a candidate shall be forfeited to the Territory when the result of an election is declared. 
“Division 2—Ballot papers
Ballot papers
“108.  (1)  Subject to this Division, the ballot papers to be used in an election shall be in accordance with the form in Schedule 1.
“(2)  The Commissioner may determine the colour of the paper on which ballot papers for each electorate are to be printed. 
“(3)  A ballot paper shall bear an official mark in the approved form.
“(4)  The regulations may—
	(a)	specify the headings or directions to be printed or endorsed on ballot papers to be used for declaration voting; and
	(b)	provide for—
	(i)	the form of a ballot paper to be altered as specified in the regulations; or
	(ii)	a form set out in the regulations to be used in place of the form of a ballot paper.
“(5)  Where such regulations are in force, a reference in this Act to a ballot paper shall be read as a reference to a ballot paper in the form ascertained in accordance with the regulations.
Grouping of candidates’ names
“109.  (1)  Where the registered officer of a registered party nominates 2 or more candidates for an election, their names shall be grouped in a separate column on the ballot papers for the relevant electorate.
“(2)  Where 2 or more non-party candidates request that their names be grouped on the ballot papers for an election, their names shall be grouped in a separate column on the ballot papers for the relevant electorate.
“(3)  A request referred to in subsection (2) shall be—
	(a)	in writing signed by each of the candidates to be included in the group; and
	(b)	given to the Commissioner before the hour of nomination.
“(4)  A reference in this Act to a group of candidates in relation to an election shall be read as a reference to candidates whose names are grouped on the ballot papers in accordance with subsection (1) or (2), whichever is applicable.
Printing of ballot papers
“110. (1)  Subject to subsections (2) to (7) (inclusive), on each ballot paper for an election—
	(a)	the names of the candidates in a group of candidates shall be printed in a single column;
	(b)	if there are 2 or more groups of candidates—separate columns of the names of the candidates in each group shall be printed from left to right in an order determined by the Commissioner by lot;
	(c)	a distinguishing letter shall be printed above the column of names of the candidates in a particular group, the letter being—
	(i)	if there is only 1 group— ‘A’; or
	(ii)	if there are 2 or more groups—the appropriate letter in a consecutive, alphabetical order commencing with ‘A’ corresponding to the order in which the columns of names in each group are printed from left to right on the ballot paper;
	(d)	if there are grouped and ungrouped candidates—the names of all ungrouped candidates shall, subject to subsection (6), be printed in a single column to the right of the last column of names of grouped candidates;
	(e)	if there are no groups of candidates—the names of all candidates shall be printed in a single column;
	(f)	the names of candidates in the columns shall be printed in an order determined in accordance with Schedule 2; 
	(g)	the name of each candidate shall be printed once only; and
	(h)	a square (in this Act called a ‘candidate square’) shall be printed adjacent to the name of each candidate.
“(2)  The names of more than 12 candidates shall not be printed in a single column.
“(3)  Where there are more than 12 candidates in a group—
	(a)	their names shall, so far as practicable, be printed in 2 or more adjacent columns of equal length; and
	(b)	the names to be printed in each column shall be determined by the Commissioner by lot.
“(4)  Where the names of the candidates in a particular group are printed in 2 or more adjacent columns, the distinguishing letter referred to in paragraph (1) (c) shall be printed once only above those columns.
“(5)  Where there are no grouped candidates and more than 12 ungrouped candidates—
	(a)	their names shall, so far as practicable, be printed in 2 or more adjacent columns of equal length; and
	(b)	the names to be printed in each column shall be determined by the Commissioner by lot.
“(6)  Where a single column of the names of ungrouped candidates would be longer than the longest column of names of grouped candidates—
	(a)	the names of the ungrouped candidates shall be printed in 2 or more columns none of which is longer than the longest column of names of grouped candidates; and
	(b)	the names of the ungrouped candidates to be included in each column shall be determined by the Commissioner by lot.
“(7)  Where similarity in the names of 2 or more candidates is likely to cause confusion, their names may be arranged on the ballot papers with such description or addition as will distinguish each from the other.
Names on ballot papers
“111.  (1)  In this section—
‘independent candidate’ means a candidate in an election other than a party candidate;
‘party name’, in relation to a registered party, means—
	(a)	the name under which the party is registered; or
	(b)	if a registered abbreviation of the name of the party is indicated on the nomination form of each party candidate—that abbreviation.
“(2)  On the ballot papers for an election—
	(a)	the party name of the registered party by which a group of party candidates is endorsed shall be printed at the top of the column of their names;
	(b)	the party name of the registered party by which an ungrouped party candidate is endorsed shall be printed adjacent to the candidate square for the candidate; and
	(c)	if the nomination form for an independent candidate so indicated—the word ‘Independent’ shall be printed adjacent to the candidate square for the candidate.
Draw for positions on ballot papers
“112.  The Commissioner shall make the determinations required by section 110 in public at the place of nomination, as soon as practicable after the candidates have been declared.
“Division 3—Miscellaneous
Polling places and scrutiny centres
“113.  (1)  The Commissioner may, by notice in the Gazette—
	(a)	appoint a specified place to be a polling place on polling day for an election; and
	(b)	appoint a specified place to be a scrutiny centre during the election period for the purpose of the scrutiny at an election.
“(2)  During a pre-election period, the Commissioner—
	(a)	shall publish in a daily newspaper circulating in the Territory; and 
	(b)	may publish by such other means as the Commissioner determines;
a notice setting out particulars of each polling place for the election.
Administrative arrangements
“114.  The Commissioner shall make appropriate administrative arrangements for the conduct of each election and, in particular, shall ensure that each polling place is properly equipped with—
	(a)	separate voting compartments constructed so as to screen voters from observation while marking ballot papers;
	(b)	ballot boxes capable of being securely fastened; and
	(c)	ballot papers and other documents and stationery.
Certified lists of electors
“115.  (1)  As soon as practicable after the roll for an electorate closes, the Commissioner shall—
	(a)	prepare a certified list of the electors;
	(b)	give a copy to the OIC for each polling place; and
	(c)	on request by a candidate for the electorate—give a copy to the candidate.
“(2)  For the purposes of this Act, the certified list of electors, in relation to an election in an electorate, is an extract from the roll for the electorate, certified by the Commissioner, in respect of each person enrolled who will be at least 18 years of age on polling day.
Scrutineers—appointment
“116.  (1)  A candidate for election may appoint a scrutineer to represent the candidate during the polling for the election, or during the scrutiny for an election, or both.
“(2)  An appointment shall be made by giving to the Commissioner—
	(a)	written notice, signed by the candidate, specifying the name and address of the scrutineer; and
	(b)	an undertaking in the approved form signed by the scrutineer.
Scrutineers—conduct
“117.  (1)  Subject to subsection (2), a scrutineer representing a candidate during the polling for an election is entitled to be present in a polling place, and to enter or leave a polling place, when voters are allowed to vote at that place.
“(2)  At any time while voters are allowed to vote at a particular polling place, the number of scrutineers representing a particular candidate who are present at that place shall not exceed the number of officers responsible for issuing ballot papers at that place.
“(3)  Subject to subsection (4), a scrutineer representing a candidate during the scrutiny for an election is entitled to be present in a scrutiny centre, and to enter or leave a scrutiny centre, during the conduct of the scrutiny at the centre.
“(4)  At any time during the conduct of the scrutiny at a particular scrutiny centre, the number of scrutineers representing a particular candidate who are present at the centre shall not exceed the number of officers at the centre.
“(5)  A scrutineer at a polling place or scrutiny centre shall wear a badge, supplied by the Commissioner, that identifies the person as a scrutineer. 
“(6)  A scrutineer shall not, without reasonable excuse, communicate with any person in a polling place except so far as is necessary in the performance of the scrutineer’s functions.
Penalty:  $1,000.
“(7)  A scrutineer shall not, without reasonable excuse, interfere with or attempt to influence an elector at a polling place.
Penalty:  $5,000.
“(8)  For the purposes of paragraph 314 (4) (b), a scrutineer who contravenes this section is no longer entitled to be on the premises.
Participation by candidates in conduct of election
“118.  A candidate shall not take any part in the conduct of an election.
Determining matters by lot
“119.  (1)  Where the Commissioner is required by this Act to determine a matter by lot, the matter shall be so determined in a manner approved by the Electoral Commission in writing.
“(2)  An instrument of approval under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
Supplementary elections
“120.  If, in relation to an election—
	(a)	there are no candidates; or
	(b)	the number of candidates declared elected by virtue of section 105 or 106 is less than the number of vacancies;
a supplementary election shall be held, as necessary, in accordance with section 95.
“Part X—Voting
“Division 1—General
Interpretation
“121.  In this Part—
‘authorised witness’ means—
	(a)	in Australia or an external Territory—an officer, an elector or a person who is enrolled on any roll kept under the Commonwealth Electoral Act; or
	(b)	in any other place—a person who is at least 18 years of age;
	but does not include a candidate at an election.
Entitlement to vote
“122.  (1)  Subject to subsection (2), an elector enrolled for an electorate is entitled to vote at an election for the electorate.
“(2)  A person who is enrolled is not entitled to vote at an election unless he or she will be at least 18 years of age on the day on which the poll for the election is required to be held.
“(3)  The inclusion of the name of a person on a certified list of electors for an election is conclusive evidence of the person’s right to vote at the election.
“(4)  In a roll or a certified list of electors, an omission of a given name, or an error in a name, does not disqualify an elector from voting.
“(5)  An elector whose surname has changed is not disqualified from voting under a former name entered for the person on a roll or certified list of electors.
Compulsory voting
“123.  (1)  An elector who is entitled to vote at an election shall not, without a valid and sufficient reason, fail to vote at the election.
Penalty:  $50.
“(2)  Subsection (1) does not apply to—
	(a)	an eligible overseas elector;
	(b)	an Antarctic elector;
	(c)	an elector who is serving a sentence of imprisonment outside the Territory; or
	(d)	an elector who is enrolled by virtue of his or her enrolment on the Commonwealth roll as an itinerant elector.
“(3)  Without limiting the generality of subsection (1), an elector shall be taken to have a valid and sufficient reason for failing to vote at an election if the elector believes it to be part of his or her religious duty to abstain from voting.
Multiple votes prohibited
“124.  An elector shall not vote—
	(a)	more than once at the same election for an electorate; or
	(b)	at 2 or more elections for electorates the polls for which are required to be held on the same day.
Penalty:  $5,000 or imprisonment for 6 months, or both.
Procedures for voting
“125.  (1)  At an election, an elector may—
	(a)	cast an ordinary vote on polling day in accordance with Division 2; 
	(b)	cast a declaration vote on or before polling day in accordance with Division 3; or
	(c)	if the elector is a patient in a hospital or special hospital, or detained in a remand centre—cast an ordinary vote or a declaration vote in accordance with Division 4.
“(2)  An elector who is entitled to vote at an election may cast a vote on polling day at any polling place in the Territory, whether or not the polling place is in the electorate for which the elector is enrolled.
Manner of recording vote
“126.  (1)  An elector shall record his or her vote on a ballot paper by marking the ballot paper in accordance with subsection (2).
“(2)  The elector—
	(a)	shall place consecutive whole numbers starting at ‘1’ in the number of candidate squares equal to the number of candidates to be elected so as to indicate preferences; and
	(b)	may place further consecutive whole numbers in additional candidate squares so as to indicate additional preferences.
“Division 2—Ordinary voting 
Claims to vote
“127.  (1)  Where a person attends before an officer at a polling place on polling day and claims to vote at an election, the officer shall issue a ballot paper to the claimant for the relevant electorate if satisfied that the certified list of electors for the electorate—
	(a)	specifies the claimant’s name and an address for the claimant; and
	(b)	has not been marked so as to indicate that a ballot paper has already been issued to the claimant.
“(2)  Despite subsection (1), an officer shall not issue a ballot paper to a person who indicates that he or she has already voted at the election.
“(3)  Immediately after issuing a ballot paper to a claimant, the officer shall record the issue on the certified list of electors.
Voting in private
“128.  Subject to section 150, a person shall, on receipt of a ballot paper under section 127, without delay—
	(a)	go to an unoccupied voting compartment at the polling place;
	(b)	there, in private, mark his or her vote on the ballot paper in accordance with section 126;
	(c)	fold the ballot paper so as to conceal the vote and put it in a ballot box at the polling place; and
	(d)	leave the polling place.
“Division 3—Declaration voting 
Declaration voting at polling places
“129.  (1)  Where a person attends before an officer at a polling place on polling day and claims to vote at an election, the officer shall issue declaration voting papers to the person for the relevant electorate if satisfied that—
	(a)	 the certified list of electors for the electorate does not specify—
	(i)	the person’s name; or
	(ii)	an address for the person; or
	(b)	the certified list of electors for the electorate has been marked so as to indicate that a ballot paper has already been issued to the person but the person claims not to have voted already at the election.
“(2)  Despite subsection (1), an officer shall not issue declaration voting papers to a person who indicates that he or she has already voted at the election.
“(3)  The officer shall—
	(a)	give the claimant a statement in writing in the approved form indicating the consequences of casting a declaration vote under this section; and
	(b)	record the name of the claimant.
“(4)  Subject to section 150, the following requirements apply to the casting of a declaration vote under this section:
	(a)	the person shall complete and sign the declaration in the presence of the officer;
	(b)	the officer shall complete and sign the certificate as witness;
	(c)	the person shall go to an unoccupied voting compartment at the polling place and there, in private—
	(i)	mark his or her vote on the ballot paper in accordance with section 126; and
	(ii)	fold the ballot paper so as to conceal the vote;
	(d)	the person shall return the folded ballot paper to the officer; 
	(e)	the officer shall, in the presence of the person, without unfolding the ballot paper, place it in the envelope on which the declaration referred to in paragraph (a) appears, fasten the envelope and place it in a ballot box at the polling place; 
	(f)	the person shall then leave the polling place.
Declaration voting before polling day etc.
“130.  (1)  In this section—
‘eligible elector’ means an elector who is entitled to vote at an election and—
	(a)	who expects to be unable to attend at a polling place on polling day; or
	(b)	whose address is a suppressed address.
“(2)  An authorised officer shall, on application by an eligible elector, give to the elector declaration voting papers for the electorate in which the person claims to vote.
“(3)  Declaration voting papers shall not be given to an elector earlier than the 19th day before polling day.
“(4)  An application for declaration voting papers for postal voting shall be—
	(a)	in the approved form; 
	(b)	signed and dated by the applicant in the presence of an authorised witness; 
	(c)	signed and dated by the witness; and
	(d)	given to the officer before 6 p.m. on the day before polling day.
“(5)  Despite subsection (2), an officer shall not post declaration voting papers to an applicant referred to in subsection (3) if the application is received by the officer after the last mail clearance at the nearest post office on the last Thursday before polling day.
“(6)  An application for declaration voting papers (other than for postal voting) shall be made by the applicant attending in person—
	(a)	before an officer in the Territory before 6 p.m. on the day before polling day; or
	(b)	before an officer outside the Territory before the time that is 6 p.m. in the Territory on polling day.
“(7)  Subject to section 150, the following requirements apply in relation to the casting of a postal vote under this section:
	(a)	the elector shall show the unsigned declaration and certificate, and the unmarked ballot paper to an authorised witness;
	(b)	the elector shall complete and sign the declaration in the presence of the witness;
	(c)	the witness shall complete and sign the certificate as witness;
	(d)	the elector shall, in the presence of the witness but so that the witness cannot see the vote, mark his or her vote on the ballot paper, fold the ballot paper, place it in the envelope addressed to the Commissioner and fasten the envelope; 
	(e)	the elector shall—
	(i)	before polling day—post the envelope and contents to the Commissioner; or
	(ii)	on or before polling day—lodge the  envelope and contents with the Commissioner or another officer.
“(8)  Subsection 129 (4) applies to the casting of a declaration vote (other than a postal vote) under this section as if—
	(a)	it were a declaration vote under section 129; and
	(b)	a reference in that subsection to an unoccupied voting compartment were a reference to an unoccupied part of the place at which the elector attends before the officer concerned.
Record of issue of declaration voting papers
“131. (1)  An officer who issues declaration voting papers under section 130 shall— 
	(a)	make a record of the time and date of issue; and
	(b)	if the officer is not the Commissioner—give the record to the Commissioner.
“(2)  Where an application is made for a postal vote, the record shall be endorsed on the application.
Inspection of records
“132.  (1)  Subject to subsection (2), the Commissioner shall make each record referred to in section 131, or a copy, available for public inspection at the office of the Commissioner within ordinary office hours during the period of 40 days commencing on the 3rd day after polling day.  
“(2)  A document referred to in subsection (1) that is made available for public inspection shall not specify a suppressed address.
Receipt of declaration voting papers
“133.  (1)  An officer who receives completed declaration voting papers in respect of a declaration vote cast under section 130 shall—
	(a)	endorse the time and date of receipt on the envelope; and
	(b)	if the officer is not the Commissioner—give the papers to the Commissioner or an authorised officer.
“(2)  The Commissioner shall keep the papers in safe custody for the purposes of scrutiny under Part XII.
Registered declaration voters
“134.  (1)  The Commissioner shall keep a register, called the Register of Declaration Voters.
“(2)  The register may be kept electronically.
“(3)  Where an elector is registered as a general postal voter under the Commonwealth Electoral Act—
	(a)	the elector shall be taken to be a registered declaration voter for the purposes of this Act; and
	(b)	the particulars so registered under the Commonwealth Electoral Act in respect of the elector shall, so far as practicable, be taken to be entered on the register kept under this Act.
“(4)  The register shall contain the following particulars in respect of each elector to whom subsection (3) applies:
	(a)	surname or family name;
	(b)	each Christian or given name; 
	(c)	address, other than—
	(i)	that of an eligible overseas elector; or
	(ii)	a suppressed address.
Issue of voting papers to registered declaration voters
“135.  As soon as practicable after the commencement of the pre-election period for an election, the Commissioner shall post to each elector enrolled for the electorate in which the election is to be held who is a registered declaration voter—
	(a)	an application form for declaration voting papers; or
	(b)	if the elector is registered on the ground that he or she is so physically incapacitated as to be unable to sign his or her name—declaration voting papers for the election.
Correcting formal errors
“136.  If an officer is satisfied that—
	(a)	an application for  declaration voting papers for postal voting; or
	(b)	the declaration or certificate in completed declaration voting papers;
contains a formal error, the officer may amend the application, declaration or certificate to correct the error.
Soliciting applications for postal declaration votes
“137.  (1)  A person shall not, without reasonable excuse, do anything for the purpose of inducing a person—
	(a)	to complete an application for declaration voting papers for postal voting; and
	(b)	to return the completed application to an address other than an address authorised for the purpose by the Commissioner.
“(2)  A person shall not, without reasonable excuse, do anything to induce a person to complete an application for declaration voting papers for postal voting, being an application in a form not approved for the purposes of paragraph 130 (4) (a).
Penalty:  $3,000.
Transmission of applications for postal declaration votes
“138.  A person who accepts for transmission to the Commissioner a completed application for declaration voting papers for postal voting shall transmit the application to the Commissioner as soon as practicable.
Penalty:  $1,000.
Interference with declaration voting
“139.  Except for the purpose of section 150, or at the request of the elector, a person shall not, without reasonable excuse—
	(a)	communicate with an elector while he or she is casting a declaration vote;
	(b)	interfere with an elector’s casting of a declaration vote;
	(c)	do anything to find out how an elector voted by declaration vote; or
	(d)	enable any other person to find out how an elector voted by declaration vote.
Penalty:  $3,000.
Soliciting completed declaration votes
“140.  A person shall not, without reasonable excuse, do anything for the purpose of inducing an elector to give to the person completed declaration voting papers.
Penalty:  $3,000.
Transmission of completed declaration votes
“141.  A person who accepts for transmission to the Commissioner completed declaration voting papers shall transmit them to the Commissioner as soon as practicable.
Penalty:  $1,000.   
Opening envelopes containing declaration votes
“142.  Unless authorised by or under this Act, a person shall not, without reasonable excuse, open an envelope which appears to contain a completed declaration vote.
Penalty:  $500.
“Division 4—Mobile polling
Interpretation
“143.  In this Division—
‘registered medical practitioner’ has the meaning given by the Medical Practitioners Act 1930;
‘remand centre’ includes a police station or other place in which a person is held in lawful custody in respect of an offence;
‘special hospital’ means a hospital that—
	(a)	is not a polling place; and
	(b)	is declared by the Commissioner, by notice in the Gazette, to be a special hospital for the purposes of this Division;
‘visiting officer’ means an officer who makes a visit referred to in subsection 144 (1), (2) or (3).
Mobile polling—institutions
“144.  (1)  The OIC of a polling place that is a hospital shall arrange for an officer to visit patients at the hospital (other than out-patients) between 8 a.m. and 6 p.m. on polling day for the purpose of taking their votes.
“(2)  The Commissioner shall arrange for an officer to visit patients at a special hospital (other than out-patients) between 8 a.m. and 6 p.m.—
	(a)	 on a day that is not more than 5 days before polling day; or
	(b)	on polling day;
for the purpose of taking their votes.
“(3)  The Commissioner shall arrange for an officer to visit persons detained in a remand centre for the purpose of taking their votes.
“(4)  A visit referred to in subsection (3) shall be made at a time, and in accordance with any conditions, arranged by the Commissioner and the person in charge of the centre.
Functions of visiting officers
“145.  (1)  When visiting under section 144, the visiting officer—
	(a)	shall take a ballot box, ballot papers, the certified list of electors and anything else necessary to enable a person to vote;
	(b)	shall take any electoral matter, including how-to-vote cards, made available by candidates for the purposes of an election;
	(c)	shall be accompanied by at least 1 other officer and any scrutineer who wishes to attend; and
	(d)	shall make available to persons visited any electoral matter taken by the officer in accordance with paragraph (b).
“(2)  While a visiting officer is with a person in a room or other place for the purpose of taking the person’s vote, this Act has effect, so far as practicable, as if—
	(a)	the room or place were a polling place; and
	(b)	the visiting officer were the OIC of the polling place.
“(3)  A visit under section 144 to a patient in a hospital or special hospital shall not be made if the visiting officer is informed by a registered medical practitioner, or a member of the staff at the hospital, that the visit is forbidden on medical grounds.
“(4)  A visit under section 144 to a person detained in a remand centre shall not be made if the visiting officer is informed by the person in charge of the centre that the visit is forbidden on security grounds.
Failure to visit institution
“146.  A failure to make a visit under section 144 or to take votes in accordance with section 145, does not invalidate the result of an election.
Custody of ballot boxes and electoral papers
“147.  (1)  After a visiting officer has completed all his or her visits under section 144, the officer shall, in the presence of any scrutineers—
	(a)	close and seal the ballot boxes containing ballot papers for ordinary voting or declaration voting;
	(b)	parcel and enclose in sealed wrapping all unused ballot papers; and
	(c)	parcel and enclose in sealed wrapping all other electoral papers used for the purposes of the visits.
“(2)  The visiting officer shall give the articles referred to in subsection (1) to the Commissioner.
“(3)  The Commissioner shall keep the articles referred to in subsection (1) in safe custody for the purposes of scrutiny under Part XII.
“Division 5—Miscellaneous
Arrangements at polling places
“148.  At each polling place the polling shall be conducted as follows: 
	(a)	before any vote is taken the OIC shall exhibit each ballot box empty, and shall then securely fasten its cover; 
	(b)	the poll shall open at 8 a.m. and shall not close until all electors present in the polling place at 6 p.m. and desiring to vote, have voted;
	(c)	the polling place shall be closed at 6 p.m. and no person shall be admitted after that hour for the purpose of voting.
Particulars on ballot papers before issue
“149.  An officer shall not issue a ballot paper for the purposes of an election unless the particulars required by Division 2 of Part IX are printed or endorsed on the ballot paper.
Assistance to voters
“150.  (1)  An elector who is unable to vote may be assisted in voting if the elector would otherwise be unable to vote.
“(2)  An assistant shall be—
	(a)	if the elector is a postal voter—a nominee of the elector or, if there is no such nominee, an authorised witness; or
	(b)	in any other case—a nominee of the elector or, if there is no such nominee, an officer.
“(3)  An assistant may enter a voting compartment for the purpose of assisting an elector to vote, but an officer shall not do so except in the presence of—
	(a)	a scrutineer; or
	(b)	if no scrutineer is present—another officer.
“(4)  Subject to subsection (3), an assistant may assist an elector in any of the following ways:
	(a)	by acting as an interpreter;
	(b)	in the case of a declaration vote—by completing, or assisting the elector to complete, the declaration;
	(c)	by explaining the ballot paper and the requirements of this Act relating to its marking;
	(d)	by marking, or assisting the elector to mark, the ballot paper at the elector’s direction;
	(e)	by folding the ballot paper and depositing it in a ballot box or declaration envelope, or with an officer, as required by this Act.
Spoilt ballot papers
“151.  (1)  An officer shall issue another unused ballot paper to an elector who—
	(a)	satisfies the officer that a ballot paper previously issued to the elector has been inadvertently spoiled; and 
	(b)	gives the spoilt ballot paper to the officer.
“(2)  An officer who receives a spoilt ballot paper shall—
	(a)	write ‘spoilt’ on the back of it;
	(b)	place it in an envelope, seal the envelope and endorse it so as to indicate the type of spoilt ballot paper enclosed; and 
	(c)	sign the endorsement. 
“(3)  At the close of polling, the OIC shall enclose the envelope in a sealed parcel and give it to the Commissioner.
Custody of ballot boxes and electoral papers
“152.  (1)  At the close of polling, the OIC of a polling place shall, in the presence of any scrutineers—
	(a)	close and seal the ballot boxes containing ballot papers for ordinary voting or declaration voting;
	(b)	parcel and enclose in sealed wrapping all unused ballot papers; and
	(c)	parcel and enclose in sealed wrapping all other electoral papers used at the polling place.
“(2)  The Commissioner shall keep the articles referred to in subsection (1) in safe custody for the purposes of scrutiny under Part XII.
“(3)  Paragraph (1) (a) does not apply to ballot boxes containing ballot papers for ordinary voting where the polling place is also a scrutiny centre and the procedures set out in section 176 are to be carried out in respect of those ballot boxes and ballot papers at that centre.
Extension of time for conducting elections
“153.  (1)  Despite any other provision of this Act, before or after the day on which an election is required to be held, the Executive may, by notice published in the Gazette, make provision for—
	(a)	extending the time for holding the election; or
	(b)	meeting any difficulty that might otherwise interfere with the due conduct of the election;
and any provision so made shall be valid and sufficient for that purpose.
“(2)  The Commissioner shall, on publication of a notice under subsection (1), cause a copy of the notice to be published in a daily newspaper circulating in the Territory.
“(3)  Where, by virtue of an extension under paragraph (1) (a), polling for an election is conducted on more than 1 day, a reference in this Act (other than in Part VIII or IX) to polling day shall be taken to include each of those days.
Suspension and adjournment of polling
“154.  (1)  The Commissioner may suspend the polling at a polling place on polling day if for any reason it is not practicable to proceed with it.
“(2)  Where—
	(a)	the polling is suspended; and
	(b)	the Commissioner believes on reasonable grounds that it is not reasonably practicable for an elector affected by the suspension to cast a vote at another polling place;
the Commissioner shall arrange for the polling to resume as soon as practicable, but no later than 21 days after the day of the suspension, on a day specified by the Commissioner by notice in the Gazette.
“(3)  If it is impracticable to resume the polling at the same polling place, the notice shall specify the polling place at which polling may be resumed.
“(4)  On the resumption of polling, only an elector who was entitled to vote on the day on which the poll for the election was required to be held and who has not already voted is entitled to vote.
“(5)  In this Act (other than in Part VIII or IX), a reference to polling day for an election shall be taken to include a day on which polling is resumed.
“Division 6—Failure to vote
Default notice
“155.  (1)  For the purposes of this Division, a default notice, in relation to an elector, is a notice in the approved form containing a statement to the effect that—
	(a)	it is an offence to fail to vote at an election without a valid and sufficient reason; 
	(b)	the elector appears to have failed to vote at an election; and
	(c)	if the elector does not wish to have the matter dealt with by a court, the elector may, within the time specified in the notice—
	(i)	if the elector voted at the election—give the Commissioner particulars in writing of the voting; or
	(ii)	if the elector failed to vote at the election—give the Commissioner particulars in writing of any valid and sufficient reason for the failure, or pay the amount of the prescribed penalty.
“(2)  For the purposes of subparagraph (1) (c) (ii), the prescribed penalty is $20 or any higher penalty prescribed by the regulations.
First notice
“156.  (1)  As soon as practicable after polling day for an election, the Commissioner shall send a default notice to each elector who was required  to vote at the election and appears to the Commissioner to have failed to do so.
“(2)  Subsection (1) does not apply to an elector who the Commissioner is satisfied—
	(a)	is dead; or 
	(b)	had a valid and sufficient reason for failing to vote at the election.
Second notice
“157.  Where an elector to whom a default notice has been sent under section 156 fails to respond to the notice within the time specified, the Commissioner shall send a second default notice to the elector, endorsed to the effect that the elector has failed to respond to the first notice.
Final notice
“158.  (1)  The Commissioner shall send a final default notice to an elector if—
	(a)	a default notice under section 156 or 157 has been sent to the elector; 
	(b)	the time for responding to the notice has expired; 
	(c)	the elector has not paid the prescribed penalty; and 
	(d)	the Commissioner is not satisfied that the elector—
	(i)	voted at the election; or
	(ii)	had a valid and sufficient reason for failing to vote at the election.
“(2)  A final default notice shall contain a statement to the effect that—
	(a)	the Commissioner is not so satisfied; and
	(b)	if the elector does not wish to have the matter dealt with by a court, the elector may, within the time specified in the notice, pay the amount of the prescribed penalty. 
Discharge of liability
“159.  Where an elector who failed to vote at an election pays the amount of the prescribed penalty in accordance with a default notice—
	(a)	any liability of the elector under section 123 in respect of the failure is discharged; and
	(b)	proceedings for an offence against that section shall not be instituted against the elector in respect of the failure.
Response on behalf of elector
“160.  Where a person responds to a default notice on behalf of an elector who is unable to do so, the response shall be taken to be that of the elector.
“Part XI—Polling in Antarctica
Interpretation
“161.  (1)  In this Part— 
‘Antarctica’ means—
	(a)	the Australian Antarctic Territory;
	(b)	the Territory of Heard Island and McDonald Islands; or
	(c)	Macquarie Island;
‘assistant returning officer’, in relation to a station, means the assistant returning officer appointed under section 162 in relation to the station; 
‘research personnel’ means personnel who are to be, or have been, engaged in work at a station;
‘returning officer’, in relation to a station, means the returning officer appointed under section 162 in relation to the station; 
‘station’ means—
	(a)	a research station in Antarctica that is operated by the Commonwealth and is declared by the Commissioner, in writing, to be a permanent research station; or 
	(b)	in relation to a particular election, a ship that is declared by the Commissioner, in writing, to be a station for the purposes of this Part in relation to the election;
‘transmit’ means transmit by fax, telex or other approved means.
“(2)  The Commissioner shall not declare a ship to be a station unless the Commissioner is satisfied that, on polling day for an election, the ship is likely to be at sea transporting research personnel to or from Antarctica.
Returning officer and assistant
“162.  (1)  The Commissioner shall appoint, in writing, a returning officer, and an assistant returning officer, for each station.
“(2)  The person in charge of a station shall not be appointed to be the returning officer, or assistant returning officer, for the station.
Acting Returning Officer or Assistant
“163.  (1)  The person in charge of a station may appoint a person to act in the office of the returning officer or assistant returning officer for a station—
(a)	during a vacancy in the office, whether or not an appointment has previously been made to the office; or
(b)	during any period, or during all periods, when the occupant of the office is absent from duty or from Antarctica or is, for any other reason, unable to perform the functions of the office.
“(2)  Anything done by or in relation to a person purporting to act under this section is not invalid on the ground that—
(a)	the occasion for the person’s appointment had not arisen;
(b)	there is a defect or irregularity in connection with the person’s appointment;
(c)	the person’s appointment had ceased to have effect; or
(d)	the occasion for the person to act had not arisen or had ceased.
Application of Act to polling in Antarctica 
“164.  Subject to this Part, this Act applies, so far as practicable, to the taking of a poll in Antarctica as if—
	(a)	a reference in the Act to a polling place were a reference to the relevant station; 
	(b)	a reference in the Act to the OIC of a polling place were a reference to the returning officer; and
	(c)	a reference in the Act to an officer were a reference to the assistant returning officer.
Antarctic electors
“165.  An elector—
	(a)	who is, for the purposes of the Commonwealth Electoral Act, an Antarctic elector; and
	(b)	whose address, recorded on the Commonwealth roll when the elector became a person referred to in paragraph (a), was an address in an electorate; 
is an Antarctic elector for the purposes of this Act in relation to the electorate in which that address is located.
Arrangements for the polling in Antarctica 
“166.  (1)  As soon as practicable after the close of nominations for an election in respect of an electorate for which an Antarctic elector is enrolled—
	(a)	the Commissioner shall transmit to the returning officer at whose station the elector is based—
	(i)	an extract from the certified list of electors for the electorate containing the particulars relating to the elector; and
	(ii)	directions for the preparation by the officer of ballot papers for the election; and
	(b)	the returning officer shall prepare ballot papers in accordance with the directions.
“(2)  The directions shall ensure, so far as practicable, that the ballot papers are the same as ballot papers prepared under Division 2 of Part IX for the election.
Conduct of the polling 
“167.  (1)  The polling at a station shall be conducted as follows:
	(a)	before any vote is taken, the returning officer shall exhibit a ballot box empty, and shall then securely fasten its cover;
	(b)	subject to subsection (2), the poll shall be conducted during such hours on such days as the returning officer directs; 
	(c)	the returning officer or the assistant returning officer shall, at all times at which the poll is open, be present in that part of the station at which the polling is taking place.
“(2)  The polling at a station shall not continue beyond the time that is 6 p.m. in the Australian Capital Territory on polling day for the election.
Claims to vote
“168.  The returning officer or assistant returning officer for a station shall—
	(a)	hand a ballot paper to each Antarctic elector who attends before the officer during the hours of polling and claims to vote at the election; and
	(b)	record the issue of the ballot paper to the elector.
Proceedings at close of poll
“169.  At the close of the poll, the returning officer shall, in the presence of the assistant returning officer—
	(a)	open the ballot box; and
	(b)	transmit to the authorised officer—
	(i)	particulars of each elector who has voted at the station in the election;
	(ii)	unless subparagraph (iii) applies—particulars of the marking of each ballot paper; and
	(iii)	if the returning officer is unable to read or understand clearly the particulars referred to in subparagraph (ii)—a statement to explain that inability; and
	(c)	prepare a statement in writing of the information transmitted.
Result of polling in Antarctica 
“170.  (1)  On receipt of the transmission under section 169, the authorised officer shall forthwith—
	(a)	in respect of each ballot paper marked by an Antarctic elector—transcribe the particulars of the elector’s marks onto a ballot paper for the relevant electorate;
	(b)	seal in an envelope the ballot paper onto which the particulars are transcribed; 
	(c)	sign the envelope and endorse it to the effect that it contains a ballot paper recording a vote by an Antarctic elector that is to be admitted to the scrutiny for the election; and
	(d)	send the envelope to the Commissioner.
“(2)  An authorised officer shall not mark a ballot paper under this section in a manner that is likely to enable it to be identified as representing the vote of an Antarctic elector. 
Preservation of documents
“171.  (1)  As soon as practicable after the close of the poll for an election, the returning officer for each station shall forward to the Commissioner—
	(a)	a copy of the record of the issue of each ballot paper;
	(b)	a copy of the statement referred to in paragraph 169 (c); and
	(c)	the ballot papers used for voting at the station.
“(2)  The Commissioner shall keep the documents referred to in subsection (1) in safe custody for the purposes of scrutiny under Part XII.
“PART XII—THE SCRUTINY
Scrutiny
“172.  (1)  The result of the polling at an election shall be ascertained by scrutiny in accordance with this Part.
“(2)  All the proceedings at the scrutiny shall be open to the inspection of the scrutineers.
“(3)  The Commissioner shall arrange for the following articles and documents to be dealt with at scrutiny centres for the purposes of this Part:
	(a)	applications for postal votes in the election;
	(b)	records of issued declaration voting papers;
	(c)	completed declaration voting papers received by the Commissioner, the OIC of a polling place or another officer;
	(d)	ballot boxes containing ballot papers for ordinary voting or declaration voting;
	(e)	envelopes containing ballot papers marked by Antarctic electors.
“(4)  The OIC for a scrutiny centre may adjourn the scrutiny at the centre from time to time.
Preliminary scrutiny of declaration voting papers etc.
“173.  (1)  The Commissioner shall arrange for the conduct of such preliminary scrutinies as are necessary in relation to a poll until the following documents have been dealt with in accordance with this section:
	(a)	all completed declaration voting papers (including those used for postal voting) received by the Commissioner or another officer on or before polling day; 
	(b)	all completed declaration voting papers used for postal voting received by the Commissioner before the end of the 6th day after the close of the poll;
	(c)	any envelope referred to in paragraph 170 (1) (d) containing a ballot paper recording the vote of an Antarctic elector.
“(2)  A preliminary scrutiny shall not be conducted earlier than the 5th day before polling day.
“(3)  The Commissioner shall display a notice in a prominent place at the office of the Commissioner specifying the date, time and place at which a preliminary scrutiny is to commence.
“(4)  The notice shall be so displayed no later than 4 p.m. on the day before the commencement of the preliminary scrutiny.
“(5)  A preliminary scrutiny shall be conducted in accordance with Schedule 3.
“(6)  Schedule 3 applies, so far as practicable, in relation to a vote cast by an Antarctic elector as if—
	(a)	the vote were a declaration vote other than a postal vote; 
	(b)	a declaration signed by the elector specifying the electorate in relation to which the elector is an Antarctic elector appeared on the envelope referred to in paragraph 170 (1) (d); and
	(c)	a reference in that Schedule to a set of declaration voting papers were a reference to that envelope.
“(7)  At a preliminary scrutiny, declaration voting papers shall not be rejected for further scrutiny because of a formal error.
“(8)  A preliminary scrutiny shall be taken to be part of the scrutiny in relation to an election.
Formality of ballot papers
“174. (1)  Except as provided by this section, a ballot paper is formal and effect shall be given to the elector’s intention as far as that intention is clear.
“(2)  A ballot paper is informal if—
	(a)	in the opinion of the OIC of a scrutiny centre—
	(i)	it is not authentic; or
	(ii)	it has writing on it by which the elector can be identified;
	(b)	no first preference is  marked in a candidate square;
	(c)	a first preference is marked in 2 or more candidate squares; or
	(d)	in the case of a completed declaration vote ballot paper that has not been dealt with at a preliminary scrutiny under section 173—it is not enclosed in the appropriate envelope on which appears a declaration made by an elector.
“(3)  In determining whether a ballot paper is formal—
	(a)	a preference marked outside a candidate square shall be taken to be marked in the square if the voter’s intention to indicate that preference for that candidate is clear; and
	(b)	subject to paragraph (2) (a), any other writing outside a candidate square shall be disregarded.
“(4)  A ballot paper on which the particulars are endorsed by an officer under section 149 is not informal—
	(a)	if no other candidate has the same surname—only because the surname of a candidate has been written on the ballot paper; or
	(b)	only because of a spelling mistake in the particulars endorsed on the ballot paper.
“(5)  Where it is necessary for the purposes of this Part, the Commissioner may determine the formality of a ballot paper and, for that purpose, may reverse any decision made by another officer.
Death of candidate
“175.  Where a candidate dies before the end of polling day, and the number of candidates remaining is greater than the number of candidates to be elected, a ballot paper is not informal only because of— 
	(a)	the inclusion on the ballot paper of the name of the deceased candidate;
	(b)	the marking of any consecutive number in a candidate square adjacent to that name; or
	(c)	the omission to place any number in a candidate square adjacent to that name, or any resultant failure to indicate in consecutive order the elector’s preferences.
First count—ordinary ballot papers
“176.  (1)  As soon as practicable after the close of the poll for an election, the OIC for a scrutiny centre shall arrange for the procedures set out in this section to be carried out.
“(2)  First, the OIC shall—
	(a)	exhibit for inspection by any scrutineer each ballot box containing ballot papers recording ordinary votes; and
	(b)	record the condition of the ballot box before opening it.
“(3)  Second, the OIC shall arrange for an officer to—
	(a)	open each ballot box;
	(b)	sort the ballot papers from each ballot box into separate parcels for each electorate; and
	(c)	in respect of the ballot papers for each electorate—
	(i)	count all informal ballot papers, reject them from further scrutiny under this section, and place them in a separate parcel; and
	(ii)	sort the unrejected ballot papers into separate parcels  according to the first preferences marked on them and count the ballot papers in each parcel.
“(4)  Third, the OIC shall, in respect of the ballot papers for each electorate—
	(a)	make out and sign a statement (countersigned by an officer and each scrutineer who wishes to do so) setting out—
	(i)	the number of unrejected ballot papers on which a first preference is recorded for each candidate; and
	(ii)	the number of informal ballot papers; 
	(b)	transmit particulars of the numbers so recorded to the Commissioner, by telephone or other expeditious manner;
	(c)	seal up the parcels, endorse on each a description of the contents and permit each scrutineer who wishes to do so to countersign the endorsement; and
	(d)	send the parcels to the Commissioner without delay, together with the statement referred to in paragraph (a).
“(5)  Despite paragraph (3) (b), the total number of ballot papers for a particular electorate that are to be dealt with at a particular scrutiny under this section shall not be fewer than 20.
“(6)  Where subsection (5) applies, the OIC shall—
	(a)	count the number of those ballot papers;
	(b)	seal them in a separate parcel; 
	(c)	endorse the parcel with a description of the contents (including the number of ballot papers); and 
	(d)	send the parcel to another scrutiny centre, as directed by the Commissioner, for the purposes of this Part. 
First count—declaration ballot papers
“177.  As soon as practicable after declaration vote ballot papers have been admitted to a scrutiny under this section by virtue of Schedule 3 but not before the close of the poll for the election, the OIC for the relevant scrutiny centre shall arrange for the ballot papers to be dealt with in accordance with section 176 as if they were ordinary vote ballot papers.
Second count—first preferences
“178.  (1)  The Commissioner shall—
	(a)	arrange for an officer at a scrutiny centre to open the parcels referred to in paragraph 176 (4) (d) (including those to which that paragraph applies by virtue of section 177) and, so far as practicable, conduct a second scrutiny of the ballot papers in accordance with subsections 176 (3) and (4); and
	(b)	from the result of the second scrutiny, ascertain—
	(i)	the number of unrejected ballot papers on which a first preference is recorded for each candidate; and
	(ii)	the number of informal ballot papers for each electorate. 
“(2)  For the purposes of subsection (1), the officer conducting the second scrutiny may reverse a decision made at the scrutiny under section 176.
Ascertaining result of poll
“179.  (1)  The Commissioner shall arrange for—
	(a)	the further scrutiny of the ballot papers referred to in subparagraph 178 (1) (b) (i); and
	(b)	the ascertainment of the successful candidates;
in accordance with Schedule 4.
“(2)  Where it is necessary to do so for the purposes of Schedule 4, the Commissioner shall—
	(a)	determine the numbers of ballot papers or votes;
	(b)	calculate a quota or transfer value; or
	(c)	identify a candidate.
Objections by scrutineers
“180.  (1)  If a scrutineer objects to a ballot paper as being informal, the officer conducting the scrutiny shall mark the ballot paper ‘admitted’ or ‘rejected’ according to the officer’s decision to admit or reject the ballot paper.
“(2)  Subsection (1) shall not be taken to prevent the officer from rejecting a ballot paper as being informal where there is no objection by a scrutineer. 
Recount of ballot papers
“181.  (1)  The Commissioner—
	(a)	may, if the Commissioner thinks fit; and
	(b)	shall, if directed by the Electoral Commission;
direct an officer to recount some or all of the ballot papers for an election at any time before the declaration of the result of the election.
“(2)  A request by a candidate for the exercise of a power under subsection (1) shall be in writing setting out the reasons for the request.
“(3)  The Electoral Commission shall not accede to a request by a candidate to direct the Commissioner to exercise a power under subsection (1) unless the Commissioner has already refused to exercise that power.
“(4)  The officer conducting a recount—
	(a)	shall not deal with the ballot papers in a manner that is inconsistent with this Part; and
	(b)	may reverse a decision made earlier in the scrutiny.
“(5)  Before a recount is conducted, the Commissioner shall notify each candidate, in writing, of the date, time and place fixed for the recount.
Reservation of disputed ballot papers
“182.  (1)  The officer conducting a recount—
	(a)	may, if the officer thinks fit; and 
	(b)	shall, at the request of any scrutineer;
reserve any ballot paper for the decision of the Commissioner.
“(2)  The Commissioner shall decide whether any ballot paper so reserved is to be admitted or rejected.
Declaration of result of election
“183.  (1)  As soon as practicable after the result of the poll in an election has been ascertained, the Commissioner shall—
	(a)	declare elected each successful candidate ascertained in accordance with Schedule 4; 
	(b)	declare the result of the election; and
	(c)	notify the Clerk of the Assembly of the names of the candidates elected.
“(2)  The declaration shall be made in public at the place of nomination during ordinary office hours.
“(3)  Where a day is polling day for 2 or more elections, the results of all the elections shall be declared, so far as practicable, on the same day.
“(4)  Where a poll is not required for an election, a declaration under subsection 105 (1) or section 106 shall not be made before the day that would have been polling day for the election.
“part xiii—casual vacancies
Interpretation
“184.  (1)  In this Part, unless the contrary intention appears—
‘candidate’ means a person declared to be a candidate under section 187;
‘former MLA’, in relation to a casual vacancy, means the person who was elected to the seat in which the vacancy has occurred at the last election before the vacancy occurred;
‘newspaper’ means a daily newspaper circulating in the Territory.
“(2)  In this Part, a reference to the Speaker shall—
	(a)	if there is a vacancy in the office of the Speaker—be read as a reference to the Deputy Speaker; and
	(b)	if there are vacancies in the offices of Speaker and Deputy Speaker—be read as a reference to the Clerk of the Assembly.
Notice of casual vacancy
“185.  (1)  Where—
	(a)	the Speaker notifies the Commissioner in writing that the seat of an MLA has become vacant otherwise than because of—
	(i)	the dissolution of the Assembly;
	(ii)	the expiry of the term for which MLAs were elected at an election; or
	(iii)	the failure or partial failure of an election; and
	(b)	the Commissioner is satisfied that it is practicable to fill the vacancy in accordance with section 188;
the Commissioner shall publish a notice in a newspaper.
“(2)  A notice published by the Commissioner under subsection (1) shall—
	(a)	contain a statement to the effect that—
	(i)	there is a casual vacancy in the Assembly; and
	(ii)	a person may apply to be a candidate in accordance with section 186; and
	(b)	specify when, in accordance with section 186, applications close.
“(3)  The Commissioner shall, so far as practicable, give a copy of the notice to any person who, in the opinion of the Commissioner, may be entitled to make an application under section 186 in respect of the vacancy.
“(4)  Where the Commissioner is not satisfied that it is practicable to fill the vacancy in accordance with section 188, he or she shall inform the Speaker accordingly.
Candidates for casual vacancy
“186.  (1)  A person may apply to be a candidate for a seat in relation to which a casual vacancy has occurred if—
	(a)	the person was a candidate in the last election for the electorate in which the vacancy has occurred; 
	(b)	the person was not elected; and
	(c)	he or she is an eligible person.
“(2)  An application under subsection (1) shall—
	(a)	be in the approved form;
	(b)	contain—
	(i)	a statement by the applicant that he or she consents to be an MLA if elected;
	(ii)	a declaration by the applicant, made in the presence of an elector, that he or she is an eligible person; and
	(iii)	the signature of the applicant and of the elector who witnessed the applicant’s declaration; and
	(c)	reach the Commissioner before noon on the 10th day after the day on which notice of the vacancy was published in a newspaper in accordance with subsection 185 (1).
“(3)  An applicant may withdraw his or her application by giving the Commissioner written notice of withdrawal before applications close.
“(4)  The Commissioner shall reject a purported application that is not substantially in accordance with subsection (2) and give the person in respect of whom it was made written notice setting out the reasons for the rejection.
“(5)  In this section—
‘eligible person’ means a person who—
	(a)	is eligible to be an MLA; or
	(b)	would, but for paragraph 97 (2) (b), be eligible to be an MLA.
Publication of candidates’ details
“187.  (1)  Where 1 or more persons have applied to be a candidate in accordance with section 186, the Commissioner shall, as soon as practicable after the close of applications—
	(a)	publicly produce all the applications and declare each person who has duly applied to be a candidate; and
	(b)	arrange for a notice containing particulars relating to each candidate (other than any suppressed address) to be displayed at the office of the Commissioner.
“(2)  Where there are no candidates in relation to a casual vacancy, the Commissioner shall declare that there are no candidates and inform the Speaker accordingly.
Determination of candidate to fill vacancy
“188.  (1)  If there is only 1 candidate in relation to a casual vacancy, the Commissioner shall declare the candidate elected.
“(2)  If there is more than 1 candidate in relation to a casual vacancy, the Commissioner shall, as soon as practicable after making a declaration under  paragraph 187 (1) (a)—
	(a)	fix a time and place for a recount of the ballot papers counted for the former MLA at the last election at which he or she was elected;
	(b)	give each candidate written notice of the time and place so fixed; and
	(c)	conduct the recount in accordance with Part III of Schedule 4.
“(3)  The Commissioner shall declare elected the successful candidate ascertained in accordance with Part III of Schedule 4.
“(4)  This Act applies, so far as practicable, to a recount under subsection (2) as if it were a scrutiny under Part XII.
Assembly nominees
“189.  (1)  Where—
	(a)	the Commissioner informs the Speaker that a casual vacancy has not been filled for a reason specified in subsection 185 (4) or 187 (2); and
	(b)	the Speaker notifies the Commissioner that the Assembly has chosen a person to hold the vacant office as an MLA for the rest of the term of the former MLA;
the Commissioner shall declare elected the person chosen.
“(2)  If the name of the former MLA appeared on the ballot paper for the last election as a party candidate, the person chosen to hold the vacant office shall be a member of the party who is nominated by the party.
“(3)  If a person chosen in accordance with subsection (2) ceases to be a member of the party before the Assembly next meets after the declaration under subsection (1), the person shall be taken not to have been chosen.
“(4)  If—
	(a)	the name of the former MLA appeared on the ballot paper for the last election as an independent candidate; or
	(b)	where subsection (2) would otherwise apply—there is no member of the relevant party available to be chosen;
the person chosen shall be a person who has not been a member of a registered party at any time during the period of 12 months immediately preceding the time at which the choice is made.
“(5)  If a person chosen in accordance with subsection (4) becomes a member of a registered party before the Assembly next meets after the declaration under subsection (1), the person shall be taken not to have been chosen.
“(6)  For the purposes of subsection (3), a person shall not be taken to have ceased to be a member of a registered party merely because the party has ceased to exist or has been removed from the Register of Political Parties.
Term of office of MLA declared elected under this Part
“190.  The term of office of an MLA declared elected under—
	(a)	subsection 188 (1) or (3); or
	(b)	subsection 189 (1); 
begins at the end of the day on which the election of the MLA is declared and, unless sooner ended by resignation or disqualification, or by dissolution of the Assembly, ends on the polling day for the next election.
Dissolution or pre-election period
“191.  The Commissioner shall not take any action, or any further action, under this Part in relation to a casual vacancy after the Assembly is dissolved or a pre-election period commences in relation to the electorate in which the casual vacancy has occurred.
“PART xiv—ELECTION FUNDING AND FINANCIAL DISCLOSURE
“Division 1—Preliminary
Interpretation
“192.  (1)  In this Part, unless the contrary intention appears—
‘amount’ includes value;
‘disclosure period’ has the meaning given by section 195;
‘disposition of property’ means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—
	(a)	the allotment of shares in a company;
	(b)	the creation of a trust in property;
	(c)	the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;
	(d)	the release, discharge, surrender, forfeiture or abandonment (at law or in equity) of any debt, contract or chose in action or of any interest in property;
	(e)	the exercise by a person of a general power of appointment of property in favour of any other person; and
	(f)	a transaction entered into by a person with intent thereby to diminish (directly or indirectly) the value of the person’s own property and to increase the value of the property of any other person;
‘eligible vote’, in relation to an election, means a first preference recorded on a formal ballot paper in the election;
‘gift’ means a disposition of property made by a person to another person, being a disposition made without consideration in money or money’s worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration, but does not include—
	(a)	a disposition of property under a will;
	(b)	a payment under Division 3; or
	(c)	an annual subscription paid to a party by a person in respect of the person’s membership of the party;
‘independent MLA’ means an MLA who is not a member of a party;
‘non-party group’ means a group of non-party candidates whose names are grouped on a ballot paper by virtue of subsection 109 (2).
‘party’ means a registered party;
‘property’ includes money; 
‘register’ means—
	(a)	in relation to a reporting agent appointed by a party or an independent MLA—the Register of Party and Independent Reporting Agents kept under subsection 199 (1); or
	(b)	in relation to a reporting agent appointed by a candidate—the Register of Candidate Reporting Agents kept under subsection 199 (2);
‘registered industrial organisation’ means an organisation registered under the Industrial Relations Act 1988 of the Commonwealth or under a law of a State or another Territory providing for the registration of industrial organisations;
‘reporting agent’, in relation to a party, independent MLA or candidate, means—
	(a)	a person appointed by the party, MLA or candidate in accordance with section 197 and registered under section 199; or
	(b)	the person to be taken to be the reporting agent for the party, MLA or candidate under section 198.
“(2)  A reference in this Part to things done by or with the authority of a party shall, if the party is not a body corporate, be read as a reference to things done by or with the authority of members or officers of the party on behalf of the party.
“(3)  For the purposes of this Part, a candidate shall be taken to remain a candidate for 30 days after the election in which he or she was a candidate.
Related bodies corporate
“193.  (1)  For the purposes of this Part, bodies corporate that are related shall be taken to be the same person.
“(2)  In subsection (1)—
‘related’, in relation to 2 bodies corporate, means that 1 body corporate is—
	(a)	a holding company;
	(b)	a subsidiary; or
	(c)	a subsidiary of a holding company;
of the other body corporate.
Activities of campaign committees
“194.  (1)  For the purposes of Divisions 4, 5 and 6, gifts received, expenditure incurred and amounts received, paid or owed, by or on behalf of the campaign committee of a party candidate shall be taken to be received, incurred, paid or owed by the party.
“(2)  In subsection (1)—
‘campaign committee’ means a body of persons appointed, or engaged, to form a committee to assist the campaign of a candidate.
Disclosure periods
“195.  (1)  For the purposes of this Part, the disclosure period in relation to an election is the period commencing on the disclosure day and ending at the expiration of the 30th day after polling day.
“(2)  In subsection (1)—
‘disclosure day’, in relation to an election, means— 
	(a)	for a candidate who was a candidate in an election (including the 15 February 1992 election) the polling day for which was within 4 years before polling day for the first-mentioned election—the 31st day after polling day for the last election before the first-mentioned election;
	(b)	for a candidate to whom paragraph (a) does not apply—
	(i)	if the candidate won party preselection, or endorsement, for the election—the day on which preselection, or endorsement, was won; or
	(ii)	in any other case—the earlier of the following days:
(A)	the day on which the person publicly announced that he or she would be a candidate in the election;
(B)	the day on which the person was nominated in accordance with section 99;
	(c)	for a person to whom, or body to which, section 214 or 215 applies—the 31st day after polling day for the last previous election.
Gifts—determination of amounts
“196.  For the purposes of this Part, the regulations may prescribe principles for determining the amount of a gift that consists of, or includes, a disposition of property other than money.
“Division 2—Reporting agents
Appointed agents
“197.  (1)  A party, non-party group, an independent MLA or a candidate may appoint a reporting agent.
“(2)  The appointment of a reporting agent under subsection (1) has no effect unless—
	(a)	the person appointed is a natural person who is at least 18 years of age;
	(b)	written notice of the appointment is given to the Commissioner—
	(i)	where the appointment is made by a party—by the secretary of the party; 
	(ii)	where the appointment is made by a non-party group—by a member of the group; or 
	(iii)	in any other case—by the MLA or candidate making the appointment;
	(c)	the name, address and date of birth of the person appointed are set out in the notice; and
	(d)	the person appointed has consented in writing to the appointment.
Non-appointed agents
“198.  (1)  Where there is no appointment under section 197 in force in relation to a party, the registered officer of the party shall be taken to be its reporting agent.
“(2)  Where there is no appointment in force under section 197 in relation to a non-party group, each member of the group shall be taken to be a reporting agent for the group.
“(3)  Where there is no appointment under section 197 in force in relation to an independent MLA, the MLA shall be taken to be his or her own reporting agent.
“(4)  Where there is no appointment under section 197 in force in relation to a candidate, the candidate shall be taken to be his or her own reporting agent.
Registers of reporting agents
“199.  (1)  The Commissioner shall keep a register called the Register of Party and Independent Reporting Agents.
“(2)  The Commissioner shall keep a register called the Register of Non-party Group and Candidate Reporting Agents. 
“(3)  The Commissioner shall register the name and address of each reporting agent appointed in accordance with section 197 in the appropriate register.
“(4)  The Commissioner shall cancel the registration of a reporting agent if—
	(a)	the person gives the Commissioner written notice that he or she has resigned the appointment;
	(b)	the MLA, candidate or secretary of the party that appointed the person gives the Commissioner written notice that the person has ceased to be the reporting agent; or
	(c)	it comes to the notice of the Commissioner that the person is no longer able to undertake the duties of a reporting agent.
“(5)  If a registered reporting agent dies, the MLA, candidate or secretary of the party that appointed the agent shall give the Commissioner written notice within 28 days after the death.
“Division 3—Election funding
Interpretation
“200.  (1)  A reference in this Division to electoral expenditure in relation to an election shall be read as a reference to expenditure (other than the payment of a deposit in respect of the nomination of a person as a candidate) incurred in connection with the election campaign (whether incurred during the pre-election period or not).
“(2)  For the purposes of this Division, an eligible vote cast for a party candidate shall be taken to be cast not for the candidate but for the party.
“(3)  For the purposes of this Division, electoral expenditure in relation to an election incurred by or with the authority of a party candidate shall be taken to be electoral expenditure in relation to the election incurred by the party.
“(4)  For the purposes of this Division, an eligible vote cast for a member of a non-party group shall be taken to be cast not for the member but for the group.
“(5) For the purposes of this Division, electoral expenditure in relation to an election incurred by or with the authority of a member of a non-party group shall be taken to be electoral expenditure in relation to the election incurred by the group.
Entitlement to funds
“201.  (1)  In this section—
‘index number’, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;
‘relevant period’ means the period of 6 months commencing on 1 January 1994 and each subsequent period of 6 months.
“(2)  Subject to subsection (7), the prescribed amount is payable in respect of each eligible vote cast for a candidate, party or non-party group in an election.
“(3)  The prescribed amount is—
	(a)	where polling day occurred during the relevant period commencing 1 January 1994—100 cents;
	(b)	where polling day occurred during a subsequent relevant period commencing on 1 January—an amount calculated as follows:
X  P
where—
INS	is the index number for the last preceding September quarter;
INM	is the index number for the last preceding March quarter; and
P	is the prescribed amount in relation to the last preceding relevant period; or
	(c)	in relation to a subsequent relevant period commencing on 1 July—an amount calculated as follows:
X  P
where—
INM	is the index number for the last preceding March quarter;
INS	is the index number for the last preceding September quarter; and
P	is the prescribed amount in relation to the last preceding relevant period.
“(4)  An amount prescribed, or fraction used to calculate the amount, under paragraph (3) (b) or (c)—
	(a)	where the amount or fraction, if calculated to 4 decimal points, would end with a number greater than 4—shall be calculated to 3 decimal places and increased by 0.001; or
	(b)	in any other case—shall be calculated to 3 decimal places.
“(5)  Subject to subsection (6), if the Australian Statistician publishes an index number in respect of a quarter in substitution for an index number previously published in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.
“(6)  If the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this section after the change, regard shall be had only to index numbers published in terms of the new reference base.
“(7)  The total amount payable under this section in respect of a candidate, party or non-party group in an election shall not exceed the electoral expenditure incurred in relation to the election by or with the authority of the candidate, party or group.
Threshold
“202.  (1)  A payment under this Division shall not be made in respect of votes cast for a candidate unless the number of eligible votes cast in the candidate’s favour in the election is at least 2% of the number of eligible votes cast in the election.
“(2)  A payment under this Division shall not be made in respect of votes cast in an election for a party unless the number of eligible votes cast in the party’s favour is at least 2% of the number of eligible votes cast in the election.
“(3)  A payment under this Division shall not be made in respect of votes cast in an election for a non-party group unless the number of eligible votes cast in the group’s favour is at least 2% of the number of eligible votes cast in the election.
Claims for payment
“203.  (1)  A payment under this Division shall not be made except on the making of a claim for payment to the Commissioner.
“(2)  The following persons may claim payment under this Division:
	(a)	in relation to a party for whom eligible votes were cast in an election—the reporting agent of the party;
	(b)	in relation to a non-party group for whom eligible votes were cast in an election—a reporting agent of the group;
	(c)	in relation to a candidate other than a party candidate—the reporting agent of the candidate.
“(3)  A claim for payment under this Division—
	(a)	shall be in the approved form; and
	(b)	shall be given to the Commissioner before the expiration of the claims period.
“(4)  The claims period, in relation to a claim, is—
	(a)	the period of 20 weeks after polling day in the election or elections to which the claim relates; or
	(b)	where the Commissioner is satisfied that the circumstances of the case justify it—such longer period as the Commissioner determines.
“(5)  The Commissioner shall not make a determination under paragraph (4) (b) if the period referred to in paragraph (4) (a) has expired.
“(6)  Where, after being requested to determine a longer period in relation to a claim, the Commissioner decides not to do so, he or she shall give a claimant a review statement about the decision.
Claims by party reporting agents
“204.  (1)  Subject to subsection (2), where votes are cast for a party in 2 or more elections taking place on the same day, the party may make a single claim under section 203 in relation to those elections.
“(2)  Where electoral expenditure is incurred by a party solely in relation to 1 electorate and the party receives less than 2% of the eligible votes cast in the electorate, no payment shall be made under this Division to the party in respect of that expenditure.
Determination of claims
“205.  The Commissioner shall, subject to this Division, determine claims for payment under this Division.
Determination of claims—payment and notice
“206.  (1)  On a claim for payment in accordance with section 203, the Commissioner shall pay the claimant the amount, if any, determined under section 205.
“(2)  The Commissioner shall give a review statement about his or her decision on the determination of a claim under section 205, together with the determined amount (if any) of the payment due, to the claimant.
“(3)  Where a payment is made under this section and the recipient is not entitled to receive the whole or a part of the amount paid, whether because of a false statement in a claim or otherwise, the amount or the part of the amount may be recovered by the Territory as a debt due.
Revocation of determinations
“207.  (1)  Where the Commissioner is satisfied that the amount of a payment determined under section 205 exceeds, or is less than, the amount payable to the claimant, the Commissioner may revoke the determination and make a fresh determination.
“(2)  Where the Commissioner revokes a determination under subsection (1), and makes a fresh determination under section 205, the review statement given under subsection 206 (2) about the fresh determination shall be accompanied by a review statement about the decision to revoke the determination.  
“(3)  Where the amount payable under the fresh determination is less than the amount paid under the revoked determination, the difference between the amounts fixed by the determinations may be recovered by the Territory as a debt due by the person to whom the amount paid under the revoked determination was paid.
Death of candidate
“208.  (1)  Where a candidate for whom eligible votes were cast in an election dies, a payment under this Division in respect of the eligible votes cast for the candidate may be made despite the death of the candidate.
“(2)  If a candidate referred to in subsection (1) was his or her own reporting agent, a claim for the payment may be made by, and the payment may be made to, the legal personal representative of the deceased candidate.
Application voluntary
“209.  Nothing in this Division shall be taken to require a person to apply for or accept payment of an amount payable under section 201.
“Division 4—Disclosure of donations
Interpretation
“210.  In this Division—
‘defined details’, in relation to a gift, means—
	(a)	in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—
	(i)	the name of the association; and
	(ii)	the names and addresses of the members of the executive committee (however described) of the association;
	(b)	in the case of a gift from a trust fund or the funds of a foundation—
	(i)	the names and addresses of the trustees of the fund or foundation; and
	(ii)	the name, title or description of the trust fund or foundation; or
	(c)	in any other case—the name and address of the person  or organisation that made the gift;
‘gift’, in relation to a candidate, does not include a gift made to or received by the candidate for the benefit of a party or non-party group of which he or she is a member.
Disclosure of gifts
“211.  (1)  The reporting agent of a candidate shall, within 15 weeks after the polling day in the election, give the Commissioner a return in the approved form.
“(2)  A return shall specify the following matters in relation to the disclosure period for the election:
	(a)	the total amount of any gifts received by the candidate;
	(b)	the number of persons who made gifts to the candidate;
	(c)	the date on which each gift was received;
	(d)	the amount of each gift received;
	(e)	the defined details of each gift received.
“(3)  Notwithstanding subsection (2), a reporting agent is not required to specify the defined details of a gift in a return under subsection (1) if the sum of the amount of the gift and of all other gifts made to the candidate by the person who gave the first-mentioned gift is less than $200.
“(4)  A reference in this section to a gift shall be read as a reference to a gift other than a gift made in a private capacity to a candidate for his or her personal use that the candidate has not used, and will not use, solely or substantially for a purpose related to an election.
Disclosure of gifts—non-party groups
“212.  (1)  A reporting agent of a non-party group shall, within 15 weeks after the polling day in the election, give the Commissioner a return in the approved form.
“(2)  A return shall specify the following matters in relation to the disclosure period for the election:
	(a)	the total amount of any gifts received by the group;
	(b)	the number of persons who made gifts to the group;
	(c)	the date on which each gift was received;
	(d)	the amount of each gift received;
	(e)	the defined details of each gift received.
“(3)  Notwithstanding subsection (2), a reporting agent is not required to specify the defined details of a gift in a return under subsection (1) if the sum of the amount of the gift and of all other gifts made to the group by the person who gave the first-mentioned gift is less than $200.
Nil returns
“213.  Where no details are required to be included in a return under section 211 or 212, the return shall be given to the Commissioner and shall include a statement to the effect that no gifts of a kind required to be disclosed were received.
Disclosure of gifts by persons incurring political expenditure
“214.  (1)  Where a person (other than a party or candidate)—
	(a)	incurs expenditure for a political purpose during the disclosure period in relation to an election; and
	(b)	receives 1 or more gifts during that period—
	(i)	the whole or a part of each of which was used by the person to enable him or her to incur expenditure for a political purpose or to reimburse him or her for incurring expenditure for a political purpose; and
	(ii)	the amount of each of which is equal to or exceeds $1,000;
the person shall, before the expiration of 15 weeks after polling day in the election, give the Commissioner a return in the approved form in relation to that gift or gifts.
“(2)  A return shall, in relation to each gift referred to in subsection (1), specify—
	(a)	the amount of the gift;
	(b)	the date on which it was received; and
	(c)	the defined details.
“(3)  Subsection (1) does not apply to a person if the amount of expenditure incurred by the person for political purposes during the disclosure period is less than $1,000.
“(4)  For the purposes of this section, a person shall be taken to have incurred expenditure for a political purpose if, during the disclosure period in relation to an election, the person incurs expenditure in relation to that or any other election.
“(5)  In this section, a reference to incurring of expenditure for a political purpose shall be read as a reference to incurring of expenditure in relation to—
	(a)	publishing electoral matter (including publishing by radio or television);
	(b)	otherwise publishing a view on an issue in an election;
	(c)	making a gift to a party;
	(d)	making a gift to a candidate; or
	(e)	making a gift to a person on the understanding that the person or another person will apply, either directly or indirectly, the whole or a part of the gift in a manner referred to in paragraph (a), (b), (c) or (d).
“(6)  For the purposes of subsection (2), 2 or more gifts made by the same person to or for the benefit of a person to whom subsection (1) applies shall be taken to be a single gift.
Donations to parties and candidates
“215.  (1)  A person (other than a party or candidate) who, during the disclosure period for an election—
	(a)	makes 1 or more gifts to a party or non-party group, the sum of the amounts of which equal or exceed $1,500;
	(b)	makes 1 or more gifts to a candidate in the election or an independent MLA, the sum of the amounts of which equal or exceed $200; or
	(c)	makes 1 or more gifts to a specified body, the sum of the amounts of which equal or exceed $1,500;
the person shall, within 15 weeks after polling day in the election, give the Commissioner a return in the approved form.
“(2)  A return shall specify in relation to each gift referred to in subsection (1) made by the person during the disclosure period—
	(a)	the amount of the gift;
	(b)	the date on which it was made; and
	(c)	the defined details.
“(3)  A reference in this section to a gift shall be read as a reference to a gift other than a gift made in a private capacity to a candidate, independent MLA or a specified body that is a natural person, for his or her personal use, being a gift that the receiver has not used, and will not use, solely or substantially for a purpose related to an election.
“(4)  The Commissioner may, by notice in the Gazette, specify a person or body (whether incorporated or not) for the purposes of this section if the Commissioner believes on reasonable grounds, that it is a function of the person or body to incur electoral expenditure or to give gifts (directly or indirectly) to parties, non-party groups, independent MLAs or candidates.
“(5)  In this section—
‘specified body’ means a person or body specified in accordance with subsection (4).
Anonymous gifts
“216.  (1)  A party, non-party group, independent MLA or candidate shall not accept a gift made to or for the benefit of the party, non-party group, independent MLA or candidate by another person, being a gift the amount of which equals or exceeds the prescribed amount, unless—
	(a)	the defined details in relation to the gift are known to the person accepting the gift; or
	(b)	the person making the gift informs the person accepting the gift of the defined details and, at the time when the gift is made, the person accepting it has no grounds for believing that the information provided is not true.
“(2)  Subsection (1) applies—
	(a)	in relation to a party or independent MLA—to gifts received at any time; or
	(b)	in relation to a non-party group or a candidate—to gifts received during the disclosure period.
“(3)  The reference in subsection (1) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.
“(4)  For the purposes of this section, 2 or more gifts made by the same person to or for the benefit of a party, non-party group, an MLA or a candidate shall be deemed to be a single gift.
“(5)  Where a person receives a gift in contravention of subsection (1), an amount equal to the amount of the gift is payable by that person to the Territory and may be recovered by the Territory as a debt due to the Territory by—
	(a)	in the case of a gift to or for the benefit of a party— 
	(i)	if the party is a body corporate—the party; or
	(ii)	in any other case—the reporting agent of the party;
	(b)	in the case of a gift to or for the benefit of a non-party group—a reporting agent of the group;
	(c)	in the case of a gift to or for the benefit of an independent MLA—the MLA; or
	(d)	in any other case—the candidate.
“(6)  For the purposes of subsection (1), the prescribed amount is—
	(a)	in the case of a gift made to, or for the benefit of, a party—$1,000; or
	(b)	in the case of a gift made to, or for the benefit of, a non-party group, a candidate or independent MLA—$200.
“Division 5—Disclosure of electoral expenditure 
Interpretation
“217.  (1)  In this Division—
‘broadcaster’ means—
	(a)	the Australian Broadcasting Corporation continued in existence under section 5 of the Australian Broadcasting Corporation Act 1983 of the Commonwealth;
	(b)	the Special Broadcasting Service Corporation continued in existence under section 5 of the Special Broadcasting Service Act 1991 of the Commonwealth;
	(c)	the holder of a licence under the Broadcasting Services Act 1992 of the Commonwealth; or
	(d)	the provider of a broadcasting service under a class licence under that Act;
‘electoral advertisement’ means an advertisement containing electoral matter, whether or not consideration was given for its publication or broadcast;
‘electoral expenditure’, in relation to an election, means expenditure incurred (whether or not incurred during the pre-election period) on—
	(a)	broadcasting an electoral advertisement during the pre‑election period;
	(b)	publishing an electoral advertisement in a newspaper or periodical during the pre-election period;
	(c)	displaying an electoral advertisement at a theatre or other place of entertainment during the pre-election period;
	(d)	producing an electoral advertisement referred to in paragraph (a), (b) or (c); 
	(e)	producing any printed electoral matter to which section 286 applies (other than material referred to in paragraph (a), (b) or (c)) that is published during the pre‑election period;
	(f)	consultant’s or advertising agent’s fees in respect of—
	(i)	services provided during the pre-election period, being services relating to the election; or
	(ii)	material relating to the election that is used during the pre-election period; or
	(g)	carrying out an opinion poll or other research about the election during the pre-election period.
“(2)  A reference in this Division to a participant in an election shall be read as a reference to—
	(a)	a party, non-party group or candidate; or
	(b)	a person (not being a party or candidate) by whom, or with the authority of whom, electoral expenditure in relation to an election is incurred.
“(3)  For the purposes of this Division, an advertisement relates to an election if it contains electoral matter, whether or not consideration is given for the publication or broadcasting of the advertisements.
Returns of electoral expenditure
“218.  (1)  The reporting agent of each person who was a candidate in the election shall, before the expiration of 15 weeks after polling day for the election, give the Commissioner a return, in writing, in an approved form, specifying details of the electoral expenditure in relation to the election incurred by or with the authority of the candidate.
“(2)  A reporting agent of a non-party group in the election shall, before the expiration of 15 weeks after polling day for the election, give the Commissioner a return, in writing, in an approved form, specifying details of the electoral expenditure in relation to the election incurred by or with the authority of the group.
“(3)  Where electoral expenditure in relation to an election was incurred by or with the authority of a person and the expenditure was not incurred with the written authority of a party, non-party group or candidate in the election the person shall, before the expiration of 15 weeks after polling day for the election, give the Commissioner a return, in writing, in an approved form, specifying details of the electoral expenditure.
“(4)  A person is not required to give the Commissioner a return under subsection (3) in respect of an election if the amount of the electoral expenditure incurred in relation to the election by or with the authority of the person does not exceed $200.
Nil returns
“219. (1) Where no electoral expenditure in relation to an election is incurred by or with the authority of a candidate in the election, a return under section 218 in respect of the candidate shall be given to the Commissioner and shall include a statement to the effect that no expenditure of a kind required to be disclosed has been incurred by or with the authority of the candidate.
“(2)  Where no electoral expenditure in relation to an election is incurred by or with the authority of a non-party group in the election, a return under section 218 in respect of the group shall be given to the Commissioner and shall include a statement to the effect that no expenditure of a kind required to be disclosed has been incurred by or with the authority of the group.
Returns by broadcasters and publishers
“220.  (1)  Where an election has taken place—
	(a)	each broadcaster who broadcast an electoral advertisement during the pre-election period with the authority of a participant in the election; and
	(b)	each publisher who published an electoral advertisement in a newspaper or periodical during the pre-election period with the authority of a participant in the election;
shall give the Commissioner a return in the approved form before the expiration of 8 weeks after polling day in the election.
“(2)  A return shall specify the following particulars in relation to the advertisement: 
	(a)	the broadcasting service as part of which the advertisement was broadcast or the newspaper or periodical in which the advertisement was published;
	(b)	the person at whose request the advertisement was broadcast or published;
	(c)	the participant in the election with whose authority the advertisement was broadcast or published;
	(d)	the date or dates on which, and, in the case of an advertisement that was broadcast, the times between which, the advertisement was broadcast or published;
	(e)	in the case of a published advertisement—the page on which the advertisement was published and the space occupied by it;
	(f)	whether or not, on each occasion when the advertisement was broadcast or published, a charge was made by the broadcaster or publisher for the broadcasting or publication of the advertisement;
	(g)	where a charge referred to in paragraph (f) was made—the amount of the charge.
“(3)  Where a broadcaster or publisher specifies in a return the amount of a charge in accordance with paragraph (2) (g), the broadcaster or publisher shall state in the return whether or not the charge is at less than normal commercial rates having regard to—
	(a)	in the case of a broadcast advertisement—the length of the advertisement and the day or days on which, and the times between which, it was broadcast; or
	(b)	in the case of a published advertisement—the space occupied by the advertisement and the nature of the newspaper or periodical.
“(4)  A publisher is not required to give the Commissioner a return under subsection (1) in respect of an election if the amount of the charges made by the publisher in respect of the publication of any advertisements to which that subsection applies, in relation to that election and any other election that took place on the same day as the first-mentioned election, does not exceed $1,000.
“(5)  A return under subsection (1) may refer to more than 1 advertisement.
Multiple elections on same day 
“221.  (1)  Where—
	(a)	the voting at 2 or more elections took place on the same day; and
	(b)	a person would, but for this subsection, be required to give the Commissioner 2 or more returns under this Division relating to those elections;
the person may give the Commissioner a single return, in an approved form, setting out the particulars that the person would have been required to set out in those separate returns.
“(2)  It is sufficient compliance with this Division if the return sets out details of the expenditure without showing the extent to which it relates to any election.
“Division 6—Annual returns 
Interpretation
“222.  In this Division—
‘defined particulars’, in relation to a sum, means—
	(a)	if the sum was received from, paid to or owed to, an unincorporated association, other than a registered industrial organisation—
	(i)	the name of the association; and
	(ii)	the names and addresses of the members of the executive committee (however described) of the association;
	(b)	if the sum was paid out of or into, or incurred as a debt to, a trust fund or the funds of a foundation—
	(i)	the names and addresses of the trustees of the fund or foundation; and
	(ii)	the name, title or description of the trust fund or foundation;
	(c)	the name and address of the person or organisation that paid, received or is owed the sum; and
	(d)	such other particulars as are prescribed.
Fund-raising events
“223.  (1)  For the purpose of this Division, the regulations may prescribe—
	(a)	a class of events that are to be taken to be fund-raising events; and
	(b)	a class of events that are not to be taken to be fund-raising events.
“(2)  Nothing in paragraph (1) (a) is intended to limit the kinds of events that are fund-raising events.
Annual returns
“224.  (1)  Subject to section 225, the reporting agent of a party or of an independent MLA shall, by no later than 17 November next following the end of the financial year commencing on 1 July 1993 and each subsequent financial year, give the Commissioner a return in the approved form.
“(2)  A return shall specify—
	(a)	the amount received by, or on behalf of, the party or MLA during the financial year, together with the particulars required by subsection 226 (1);
	(b)	the amount paid by, or on behalf of, the party or MLA during the financial year, together with the particulars required by subsection 227 (1); and
	(c)	the outstanding amount, as at the end of the financial year, of debts incurred by, or on behalf of, the party or MLA, together with the particulars required by section 228.
“(3)  A reference in paragraph (2) (a) to an amount received by or on behalf of an independent MLA shall be read as not including gifts given to the MLA in a private capacity, for his or her personal use, that the MLA has not used, and will not use, solely or substantially for a purpose related to his or her position as an MLA.
“(4)  A reference in paragraph (2) (b) or (c) to an amount paid, or an outstanding amount of debts incurred, by or on behalf of an independent MLA, shall be read as a reference to an amount paid for, or an outstanding amount of debts incurred on—
	(a)	broadcasting an advertisement;
	(b)	publishing an advertisement in a newspaper or periodical;
	(c)	displaying an advertisement at a theatre or other place of entertainment;
	(d)	producing an advertisement referred to in paragraph (a), (b) or (c); 
	(e)	producing any printed electoral matter to which section 286 applies (other than material referred to in paragraph (a), (b) or (c));
	(f)	consultant’s or advertising agent’s fees in respect of services provided; or
	(g)	carrying out an opinion poll or other research;
by or on behalf of the MLA for a purpose that relates solely or substantially to his or her position as MLA.
“(5)  A return provided in accordance with this section shall not include a list of the members of a party.
“(6)  Where the registration of a party is cancelled during a financial year, this section applies to the party in relation to that year as if a reference to a reporting agent were a reference to a person who was the reporting agent immediately before the cancellation.
“(7)  Where a person ceases to be an independent MLA during a financial year, this section applies to the person in relation to that year as if the person were the reporting agent.
Periods of less than financial year
“225.  Where a party becomes, or ceases to be, a registered party, or a person becomes, or ceases to be, an independent MLA, part way through a financial year, a return under section 224 in relation to the year need only include particulars in relation to the part of the year during which the party was registered or the person was an independent MLA.
Amounts received
“226.  (1)  If the sum of all amounts received by, or on behalf of, the party or MLA from a person or organisation during a financial year is $1,500 or more, the return shall include the following particulars:
	(a)	the amount of the sum;
	(b)	each amount making up the sum;
	(c)	the date of receipt of each amount;
	(d)	the defined details in relation to the sum.
“(2)  In calculating the sum, an amount that was received from a person or organisation in the course of a fund-raising event need not be counted unless the total amount received from the person or organisation in the course of that event was $100 or more.
Amounts paid
“227.  (1)  If the sum of all amounts paid by, or on behalf of, the party or MLA to a person or an organisation during a financial year is $1,500 or more, the return shall include the following particulars:
	(a)	the amount of the sum;
	(b)	each amount making up the sum and the date it was paid;
	(c)	the defined details in relation to the sum.
“(2)  In calculating the sum the following amounts shall not be counted:
	(a)	an amount of less than $100;
	(b)	an amount paid under a contract of employment or an award specifying terms and conditions of employment.
Outstanding amounts
“228.  If, at the end of a financial year, the sum of all debts owed by a party or MLA to a particular person or organisation is $1,500 or more, the return shall specify the sum and include the defined particulars.
“Division 7—Compliance
Interpretation
“229.  In this Division—
‘return’ includes a notice under paragraph 234 (1) (c) or subsection 234 (4). 
Offences
“230.  (1)  A person shall not, without reasonable excuse, fail to give the Commissioner a return under this Part within the time required.
Penalty:
	(a)	in the case of a return required to be given by the reporting agent of a party—$5,000;
	(b)	in any other case—$2,000.
“(2)  A person shall not, without reasonable excuse—
	(a)	give the Commissioner an incomplete return under Division 4, 5 or 6; or
	(b)	fail to retain records in accordance with section 233;
Penalty:  $2,000.
“(3)  For the purposes of subsection (1) or paragraph (2) (b), it is a reasonable excuse for a reporting agent of a non-party group to fail to give a return or retain records if another reporting agent of the group has given the return within the time required or retained records in accordance with section 233, as the case requires.
“(4)  A person shall not make a claim under Division 3, or give a return under Division 4, 5 or 6, containing particulars that are, to the knowledge of the person, false or misleading in a material particular.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(5)  Where a person is convicted of an offence against subsection (4), the court may, in addition to imposing a penalty under that subsection, order the person to refund to the Territory the amount of any payment wrongfully obtained by the person under Division 3.
“(6)  Where a court makes an order under subsection (5), a certificate signed by the Registrar of the court, specifying the amount ordered to be refunded and the person by whom the amount is payable, may be filed in court and is enforceable as a final judgment of the court.
“(7)  A person shall not—
	(a)	for the purpose of the making by another person of a claim under Division 3, give information to that other person; or
	(b)	give to another person who is required to give a return under Division 4, 5 or 6 information that relates to the return;
that is, to the knowledge of the first-mentioned person, false or misleading in a material particular.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(8)  A prosecution in respect of an offence against this section may be commenced at any time within 3 years after the offence was committed.
Investigation—notices
“231.  (1)  In this section—
‘article’ includes a document;
‘investigation notice’ means a notice under subsection (4);
‘prescribed person’ means a person who, in the opinion of the Commissioner, is or may be required to furnish a return under subsection 214 (1), 215 (1) or 218 (1) in relation to an election.
“(2)  The Commissioner may conduct an investigation into compliance with this Part.
“(3)  In an investigation, the Commissioner may give an investigation notice in relation to a reporting agent or a prescribed person to—
	(a)	the agent or prescribed person;
	(b)	in the case of a reporting agent of a party—any officer of the party;
	(c)	in the case of a prescribed person that is a body corporate—any of its officers; or
	(d)	any other person the Commissioner has reasonable grounds for believing is capable of producing any article, or giving evidence, relating to any person’s compliance with this Part. 
“(4)  An investigation notice shall require the person on whom it is served—
	(a)	to produce, within the period and in the manner specified in the notice, any articles referred to in the notice; or
	(b)	to appear, at a time and place specified in the notice, before the Commissioner to give evidence, either orally or in writing, and to produce at that time any articles referred to in the notice.
“(5)  The Commissioner may require a person to whom an investigation notice has been given under paragraph (4) (b) to give evidence on oath, and for that purpose may administer an oath.
“(6)  A person shall not, without reasonable excuse, contravene an investigation notice.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(7)  A person shall not give evidence in response to an investigation notice that is, to the knowledge of the person, false or misleading in a material particular.
Penalty:  $5,000 or imprisonment for 6 months, or both.
Investigation—search warrants
“232.  (1)  The Commissioner may make an application to a magistrate for the issue of a warrant where—
	(a)	the Commissioner has reasonable grounds for suspecting that there may be, at that time or within the next 24 hours, in or on any premises, an article that may afford evidence relating to a contravention of section 230 (in this section called a ‘relevant article’); and
	(b)	the Commissioner has reasonable grounds for believing that, if an investigation notice under section 231 were issued for the production of the relevant article, it might be concealed, lost, mutilated, destroyed or disposed of.
“(2)  A magistrate may, on application in accordance with subsection (1), issue a warrant authorising the Commissioner or any other person named in the warrant, with such assistance as the Commissioner or person thinks necessary, and if necessary by force—
	(a)	to enter the premises; 
	(b)	to search the premises for relevant articles; and
	(c)	to seize any relevant article found in or on the premises. 
“(3)  A magistrate shall not issue a warrant unless—
	(a)	an affidavit has been lodged with the magistrate setting out the grounds on which the issue of the warrant is being sought;
	(b)	the Commissioner or another person has given the magistrate, either orally or by affidavit, any further information the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
	(c)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
“(4)  Where a magistrate issues a warrant, he or she shall endorse on the affidavit lodged in accordance with subsection (3) the grounds relied on to justify the issue of the warrant.
“(5)  A warrant  shall—
	(a)	state the purpose for which it is issued, including a reference to the alleged offence in relation to which it is issued; 
	(b)	specify the hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; 
	(c)	include a description of the kind of articles to which it relates; and 
	(d)	specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. 
“(6)  Where an article is seized by a person pursuant to a warrant—
	(a)	the person may retain the article for as long as is necessary and reasonable for the purposes of the investigation to which it is relevant; and
	(b)	when retention of the article ceases to be necessary and reasonable for those purposes, he or she shall cause it to be delivered to the person who appears to be entitled to possession of the article.
“(7)  Where a document is retained under paragraph (6) (a)—
	(a)	the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Commissioner to be a true copy and the certified copy shall be received in all courts as evidence as if it were the original; and
	(b)	until the certified copy is supplied, the Commissioner shall, at such times and places as the Commissioner thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.
Records
“233.  (1)  Where a person makes or obtains an article that is or includes a record relating to a matter particulars of which are, or could be, required to be set out in a claim or return under this Part relating to an election, he or she shall retain the record for a period of not less than 3 years commencing on polling day for that election.
“(2)  Where a party or independent MLA makes or obtains an article that is or includes a record relating to a matter particulars of which are, or could be, required to be set out in a return under Division 6, the party or MLA shall retain the record for a period of not less than 3 years commencing on the day after the last day on which the return is required to be given to the Commissioner.
“(3)  Where a person, party or independent MLA would, in the normal course of business or administration, transfer to another person a record referred to in subsection (1) or (2)—
	(a)	the person, party or MLA shall be taken not to have contravened the subsection by so transferring the record; and 
	(b)	the person to whom the record is transferred shall retain the record for the period for which the person, party or MLA who transferred the record would have had to retain the record had the record not been transferred.
“Division 8—Miscellaneous
Inability to complete returns
“234.  (1)  Where a person who is required to give the Commissioner a return under Division 4, 5 or 6 considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may—
	(a)	prepare the return to the extent that it is possible to do so without those particulars; 
	(b)	give the Commissioner the return so prepared; and 
	(c)	give the Commissioner written notice—
	(i)	identifying the return;
	(ii)	stating that the return is incomplete by reason that he or she is unable to obtain certain particulars;
	(iii)	identifying those particulars;
	(iv)	setting out the reasons why he or she is unable to obtain those particulars; and
	(v)	if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief, the reasons for it and the name and address of the other person.
“(2)  A person who complies with subsection (1) shall not, by reason of the omission of the particulars referred to in subparagraph (1) (c) (iii), be taken, for the purposes of paragraph 230 (2) (a), to have given a return that is incomplete.
“(3)  Where the Commissioner has been informed under paragraph (1) (c) or (4) (e) that a person can supply particulars that have not been included in a return, the Commissioner may, by written notice served on that person, require the person to give the Commissioner written notice of the particulars within the period specified in the notice.
“(4)  If a person who is required to give the Commissioner particulars under subsection (3) considers that he or she is unable to obtain some or all of the particulars, the person shall give to the Commissioner a written notice—
	(a)	specifying the particulars (if any) that the person is able to give;
	(b)	stating that the person is unable to obtain certain particulars;
	(c)	identifying those particulars;
	(d)	specifying the reasons why the person considers he or she is unable to obtain those particulars; and
	(e)	if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—specifying the name and address of that other person and the reasons why he or she believes that the other person is able to give those particulars.
“(5)  If—
	(a)	a notice is given to a person under subsection (3); and
	(b)	the person complies with that notice or gives the Commissioner a notice under subsection (4);
he or she shall not, by reason only of the omission of the required particulars, be taken to have given an incomplete return.
Non-compliance with Part
“235.  (1)  The failure of a person to comply with a provision of this Part in relation to an election does not invalidate that election.
“(2)  Without limiting the generality of subsection (1)—
	(a)	where—
	(i)	a party endorsed a candidate in an election; and
	(ii)	the candidate was elected at the election;
a failure by the reporting agent of the party to comply with this Part in relation to that election does not invalidate the candidate’s election; 
	(b)	where a member of a non-party group was elected at the election—a failure by a reporting agent of the group to comply with this Part in relation to the election does not invalidate the election of the member; and
	(c)	a failure by the reporting agent of a candidate who is elected at an election to comply with his Part in relation to the election does not invalidate the candidate’s election.
Amendment of claims and returns
“236.  (1)  Where the Commissioner is satisfied that a claim or return under this Part contains a formal error or is subject to a formal defect, the Commissioner may amend the claim or return to the extent necessary to correct the error or remove the defect.
“(2)  A person specified in subsection (3) may, by written notice signed by the person and given to the Commissioner, request the permission of the Commissioner to make a specified amendment of a claim or return for the purpose of correcting an error or omission.
“(3)  A request may be made by—
	(a)	the reporting agent of the party, independent MLA or candidate the subject of the claim or return; or
	(b)	the person who gave the return.
“(4)  On a request under subsection (2), the Commissioner shall permit the person making the request to amend the claim or return accordingly if the Commissioner is satisfied that the request is justified.
“(5)  Where the Commissioner decides to refuse a request under subsection (2), the Commissioner shall give the person making the request a review statement about the decision.
“(6)  The amendment of a claim or return under this section does not affect the liability of a person to be convicted of an offence against subsection 230 (2) or (4) arising out of the making of the claim or giving of the return.
Inspection and supply of copies of claims and returns
“237.  (1)  The Commissioner shall keep, at the office of the Commissioner, a copy of—
	(a)	each claim under Division 3;
	(b)	each return under Division 4 or 5; and
	(c)	each return under Division 6.
“(2)  Subject to subsections (4) and (5), a person is entitled to examine, at the office of the Commissioner, a copy of a claim or return referred to in subsection (1).
“(3)  Subject to subsections (4) and (5), a person is entitled, on payment of a fee determined by the Commissioner, to obtain a copy of a claim or return referred to in subsection (1).
“(4)  A person may examine, or obtain a copy of, a claim or return referred to in paragraph (1) (a) or (b) from the 25th week after polling day in the election to which the claim or return relates.
“(5)  A person may examine, or obtain a copy of, a return referred to in paragraph (1) (c) from 1 February in the year following the year in which the return is given to the Commissioner.
“part XV—review of decisions
Interpretation
“238.  In this Part—
‘person’ includes a political party;
‘reviewable decision’ means a decision referred to in section 239.
Reviewable decisions
“239.  For the purposes of this Part, the following decisions of the Commissioner are reviewable:
	(a)	a decision to enrol a person under paragraph 70 (4) (a);
	(b)	a decision to reject a claim for enrolment under paragraph 70 (4) (b);
	(c)	a decision to refuse a request for the suppression of the particulars of an elector’s address from an extract from any roll under paragraph 71 (2) (b);
	(d)	a decision to include the particulars of an elector’s address which had been suppressed on an extract from a roll under subsection 72 (2);
	(e)	a decision to reject an objection to the enrolment of a person under subsection 75 (4);
	(f)	a decision to remove a person’s name from a roll under paragraph 75 (7) (b);
	(g)	a decision to refuse an application for the registration of an eligible political party under subsection 84 (2);
	(h)	a decision to register a political party under subsection 86 (1);
	(i)	a decision to refuse an application for the registration of a political party under subsection 87 (1) or (2);
	(j)	a decision to refuse to change the registered particulars of a political party under subsection 87 (1) or (2) as applied by subsection 89 (2);
	(k)	a decision to cancel the registration of a political party under subsection 92 (4);
	(m)	a decision not to determine a longer period for the purposes of paragraph 203 (4) (b);
	(n)	a decision to determine a claim for payment under section 205;
	(o)	a decision to revoke a determination of payment under subsection 207 (1);
	(p)	a decision to refuse a request to make a specified amendment of a claim or return under subsection 236 (4).
Review statements
“240.  (1)  For the purposes of this Act, a review statement about a reviewable decision shall be in writing containing—
	(a)	a statement of the decision;
	(b)	a statement of the reasons for the decision; and
	(c)	a statement to the effect that the person to whom the notice is given may, within 28 days after the review statement is given, apply to the Electoral Commission for a review of the decision.
“(2)  The validity of a reviewable decision is not to be taken to be affected by a failure—
	(a)	to give a review statement to a person affected by the decision; or
	(b)	to comply with this section.
Review by Electoral Commission
“241.  (1)  On application in accordance with subsection (2) by a person affected by a reviewable decision, the Electoral Commission shall review the decision.
“(2)  An application shall—
	(a)	be in writing, setting out the applicant’s reasons for applying and an address of the applicant; and
	(b)	be lodged with the Electoral Commission at the office of the Commission within 28 days after the day on which the relevant review statement was given to the applicant, or within such further period as the Commission allows before or after the expiration of that period.
“(3)  Before making a decision on the review of a reviewable decision, the Electoral Commission may, on the application of a person affected by the decision, make a written order staying or otherwise affecting the operation or implementation of the decision or a part of the decision.
“(4)  The Electoral Commission may make an order under subsection (3) whether or not an application for the review of the relevant decision has been made to the Commission. 
“(5)  In considering an application for an order under subsection (3), the Electoral Commission shall have regard to—
	(a)	the interests of all persons affected by the relevant decision; and
	(b)	the necessity of securing, as far as practicable, the effectiveness of the review process and of the Commission’s decision on the review.
“(6)  On the review of a reviewable decision, the Electoral Commission shall—
	(a)	affirm the decision;
	(b)	vary the decision; or
	(c)	set aside the decision and substitute its own decision.
“(7)  Except in the case of a reviewable decision made by a delegate of the Commissioner, the Commissioner shall not—
	(a)	be present during any deliberation of the Electoral Commission in relation to a review under this section; or
	(b)	take part in any decision of the Electoral Commission in relation to a review under this section.
Notice of decision of the Electoral Commission
“242.  (1)  The Electoral Commission shall give written notice of its decision on a review under section 241 to—
	(a)	each person to whom a review statement about the relevant decision was given under this Act; and
	(b)	the applicant for the review.
“(2)  A notice under subsection (1) shall—
	(a)	include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989, an application may be made to the AAT for a review of the decision of the Electoral Commission; and
	(b)	except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision of the Electoral Commission may request a statement under section 26 of that Act.
“(3)  The validity of a decision of the Electoral Commission under subsection 241 (6) is not to be taken to be affected by a failure to comply with this section.
Review by Administrative Appeals Tribunal
“243.  Application may be made to the AAT for a review of a decision of the Electoral Commission under subsection 241 (6).
“PART xvi—Disputed elections, eligibility and vacancies
“Division 1—Preliminary
Interpretation
“244.  (1)  In this Part—
‘application’ means an application disputing the validity of an election made in accordance with section 252;
‘bribery’ means a contravention of section 279;
‘Court’ means the Court of Disputed Elections;
‘election’ includes—
	(a)	a recount of votes under section 188; and
	(b)	the choice of a person to fill a casual vacancy under section 189;
‘file’ means to file in the Registrar’s office;
‘illegal practice’ means a contravention of this Act and includes undue influence;
‘proceeding’ means a proceeding before the Court;
‘Registrar’ means the Registrar of the Supreme Court;
‘undue influence’ means a contravention of section 282 of this Act or section 28 of the Crimes Act 1914 of the Commonwealth.
“(2)  In this Part, a reference to a contravention of a section of this Act or of the Crimes Act 1914 of the Commonwealth is to be taken to include a reference to—
	(a)	attempting or conspiring to contravene that section; or
	(b)	aiding, abetting, counselling or procuring the contravention of that section.
Speaker
“245.  (1)  In this Part, a reference to the Speaker shall—
	(a)	if the Speaker is unavailable—be read as a reference to the Deputy Speaker;
	(b)	if both the Speaker and Deputy Speaker are unavailable—be read as a reference to another MLA who is not the subject of a proceeding and is appointed by the Assembly to act as the Speaker for the purposes of this Part; or
	(c)	if both the Speaker and Deputy Speaker are unavailable and no MLA is appointed for the purposes of paragraph (b)—be read as a reference to the Clerk of the Assembly.
“(2)  For the purposes of subsection (1), the Speaker or Deputy Speaker is unavailable if—
	(a)	he or she is absent from duty;
	(b)	there is a vacancy in the office; or
	(c)	he or she is the subject of a proceeding.
“Division 2—Jurisdiction and powers of Supreme Court 
Court of Disputed Elections
“246.  (1)  The Supreme Court has jurisdiction to hear and determine—
	(a)	applications disputing the validity of elections; and
	(b)	questions referred to the Court by resolution of the Legislative Assembly relating to—
	(i)	the eligibility of persons who have been declared elected to be members of the Assembly; or
	(ii)	vacancies in the membership of the Assembly.
“(2)  When exercising jurisdiction under subsection (1), the Supreme Court shall be known as the Court of Disputed Elections.
Powers of the Court
“247.  Subject to this Part, the Supreme Court has the same powers (so far as they are applicable) when exercising jurisdiction under this Part as it has when exercising its original jurisdiction.
Rules of Court
“248.  Without limiting the generality of section 36 of the Supreme Court Act 1933, the Judges of the Supreme Court appointed under subsection 4 (1) of that Act or any 2 of them, may make Rules of Court not inconsistent with this Act or the Supreme Court Act 1933 for giving effect to this Part and in particular—
	(a)	regulating the practice and procedure to be followed in the Court and the Registrar’s office;
	(b)	prescribing the forms to be used; and
	(c)	prescribing matters required or permitted by this Part to be prescribed by Rules of Court.
Decisions are final
“249.  A decision of the Court is final and conclusive, is not subject to appeal and shall not be called into question.
“Division 3—Disputed elections
Validity may be disputed after election
“250.  (1)  The validity of an election shall not be disputed except by application to the Court of Disputed Elections after the result of the election is declared.
“(2)  Without limiting the generality of subsection (1), if any of the following matters in relation to an election is called into question, the validity of the election is to be taken to be in dispute:
	(a)	the acceptance or rejection of a nomination of a candidate by the Commissioner;
	(b)	the eligibility of a person to be nominated as a candidate, to be elected or to be an MLA;
	(c)	any matter connected with the printing or endorsement of ballot papers;
	(d)	any matter connected with the issue, or scrutiny, of ballot papers by an officer;
	(e)	any matter connected with the admission or rejection of declaration votes by an officer at the preliminary scrutiny.
Persons entitled to dispute elections
“251.  The following persons are entitled to dispute the validity of an election:
	(a)	a candidate in the election;
	(b)	an elector entitled to vote at the election;
	(c)	the Commissioner.
Form of application
“252.  (1)  An application disputing the validity of an election shall—
	(a)	specify the declarations sought;
	(b)	set out the facts relied on to invalidate the election with sufficient particularity to identify the matters on which the applicant relies as justifying those declarations;
	(c)	set out the applicant’s full name and address and the capacity in which he or she is making the application; and
	(d)	be signed by the applicant.
“(2)  The signature of an applicant other than the Commissioner shall be witnessed by another person whose signature, full name, address and occupation shall be set out in the application.
Time for filing application
“253.  An application shall be filed within 40 days after the result of the election is declared.
Deposit as security for costs
“254.  (1)  At the time of filing an application, the applicant shall deposit with the Registrar as security for costs the amount prescribed by the Supreme Court Rules.
“(2)  The amount deposited shall be set off against any costs ordered to be paid by the applicant.
Registrar to serve copies of application on certain persons
“255.  The Registrar shall, forthwith after an application is filed under section 253, serve a sealed copy of the application on— 
	(a)	the Speaker;
	(b)	the person whose election is being disputed; and
	(c)	if the Commissioner is not the applicant—the Commissioner.
Parties to an application
“256.  (1)  The following persons are entitled to appear in a proceeding under this Division:
	(a)	the applicant;
	(b)	the Commissioner;
	(c)	if a person whose election is being disputed files a notice of appearance within 7 days after the day on which he or she is served with a copy of the application under section 255—that person;
	(d)	any other person with the leave of the Court.
“(2)  A person other than the applicant who appears pursuant to subsection (1) is to be taken to be a respondent to the application.
Withdrawal and abatement of application
“257.  (1)  In this section—
‘election application’ means an application disputing the validity of an election made in accordance with section 252;
‘leave application’ means an application for leave to withdraw an election application. 
“(2)  An applicant may withdraw an election application only with the leave of the Supreme Court.
“(3)  An  applicant is not entitled to make a leave application unless notice of the applicant’s intention to do so has been—
	(a)	published in a daily newspaper circulating in the electorate to which the relevant election application relates; and
	(b)	given to the Commissioner and to each of the respondents to the relevant election application.
“(4)  A leave application shall not be made without the consent of all the applicants to the relevant election application.
“(5)  The following persons are entitled to appear as respondents to a leave application:
	(a)	the Commissioner;
	(b)	a respondent to the relevant election application;
	(c)	any other person with the leave of the Court.
“(6)  Unless the Court orders otherwise, if an election application is withdrawn, the applicant is liable to pay the costs of the respondent in relation to that application and the leave application.
“(7)  In determining a leave application, the Court  shall inquire into the reasons for it and determine whether it was—
	(a)	the result of an agreement, arrangement or understanding; or
	(b)	in consideration of—
	(i)	the seat in the Assembly that is in issue being vacated at any time in the future;
	(ii)	the withdrawal of any other election application; or
	(iii)	any other matter.
“(8)  The Court shall publish its reasons for a determination as if it were a judgment and furnish a copy of them to the Commissioner.
“(9)  If, before the hearing of an election application, a respondent other than the Commissioner—
	(a)	dies or gives the prescribed notice that he or she does not intend to oppose the application; or
	(b)	resigns from, or otherwise ceases to hold, the seat in the Assembly that is in issue;
then—
	(c)	the person ceases to be a respondent;
	(d)	the person, or his or her personal representative, shall—
	(i)	publish notice of that fact in a daily newspaper circulating in the electorate to which the election application relates; and 
	(ii)	give a copy of the notice to the Registrar; and
	(e)	if a person who might have been an applicant in respect of the election files a notice of appearance within the prescribed period, that person is entitled to appear as a respondent to the application.
“(10)  A person who has ceased to be a respondent to an election application is not entitled to appear as a party in proceedings in relation to that application.
“(11)  The Registrar shall notify the Commissioner of the receipt of a notice mentioned in subparagraph (9) (d) (ii).
“(12)  An election application shall be abated by the death of a sole applicant or the last survivor of several applicants.
“(13)  The abatement of an election application does not affect the liability of the applicant or any other person for costs awarded against the applicant or other person.
Hearing of applications
“258.  (1)  The Registrar shall, as soon as practicable after the time for filing applications in respect of an election under section 253 has passed, prepare a list of the applications pending in the order of filing and shall make a copy of the list available for inspection at the Registrar’s office in the manner prescribed by Rules of Court.
“(2)  Subject to subsection (3), an application shall, as far as practicable, be heard in the order in which it appears in the list.
“(3)  All applications in respect of an election for an electorate shall be heard together.
Declarations and orders
“259.  The Court shall hear and determine an application and may—
	(a)	declare the election void;
	(b)	declare that a person who has been declared elected was not duly elected;
	(c)	declare that a person who has not been declared elected was duly elected; or
	(d)	dismiss the application in whole or in part;
and may make such orders in relation to the application as the Court thinks appropriate.
Illegal practices
“260.  (1)  Without limiting the grounds on which the Court may make a declaration under paragraph 259 (a) or (b), the Court may make such a declaration on the ground of any illegal practice in connection with the election.
“(2)  The Court shall not make a declaration under paragraph 259 (a) or (b)—
	(a)	on the ground of any illegal practice (other than bribery or undue influence); or
	(b)	on the ground of bribery or undue influence by a person who was not a candidate for the election without the knowledge or consent of a candidate in the election;
unless satisfied that—
	(c)	the result of the election was, or was likely to have been, affected by the illegal practice; and
	(d)	it is just to make the declaration.
“(3)  If the Court finds any illegal practice in connection with an election (whether the Court makes a declaration under paragraph 259 (a) or (b) on that ground or not), the Registrar shall forthwith report the finding to—
	(a)	the Speaker;
	(b)	the Minister;
	(c)	the Commissioner; and
	(d)	the Director of Public Prosecutions.
“(4)  Any finding by the Court in relation to any illegal practice in connection with an election is not to be taken to be a bar to, or to prejudice in any way, any prosecution in respect of the act alleged before the Court to have constituted the illegal practice.
Bribery or undue influence by person elected
“261.  If the Court finds that a person who was declared elected committed, or attempted to commit, bribery or undue influence in connection with any election, the Court shall declare the election of that person void.
Immaterial delays and errors
“262.  (1)  The Court shall not make a declaration under paragraph 259 (a), (b) or (c) on the ground that there was a delay in—
	(a)	declaring the nominations for the election; 
	(b)	providing certified lists of electors to candidates for the election;
	(c)	polling for the election; or
	(d)	declaring the result of the election.
“(2)  The Court shall not make a declaration under paragraph 259 (a), (b) or (c) on the ground of any absence of, or any error or omission by, an officer unless the absence, error or omission affected, or was likely to have affected, the result of the election.
“(3)  In determining whether an absence, error or omission that prevented an elector from voting affected the result of an election or not, the Court shall not have regard to any evidence of the way in which the elector intended to vote.
Inquiries by Court
“263.  (1)  In determining an application, the Court may make such inquiries as it considers appropriate, including but not limited to—
	(a)	an inquiry as to the identity of persons who voted; and
	(b)	an inquiry as to whether ballot papers were improperly admitted or rejected, or not.
“(2)  The Court shall not inquire into the correctness of any roll.
“(3)  Where the Court makes an inquiry in relation to ballot papers marked pursuant to Part XI, a statement of particulars of the marking of ballot papers prepared by an officer under paragraph 169 (c) is conclusive evidence of the particulars contained in the statement unless the Court orders otherwise.
Rejected ballot papers
“264.  In determining an application, the Court may have regard to any declaration vote ballot papers rejected at the preliminary scrutiny if the Court is of the opinion that the ballot papers should not have been rejected.
Evidence that persons were not permitted to vote
“265.  In determining an application, the Court shall not have regard to any evidence that a person was not permitted to cast a vote in an election unless the Court is satisfied that the person—
	(a)	claimed to vote in accordance with this Act; and
	(b)	complied with the requirements of this Act in relation to voting to the extent that he or she was permitted to do so.
Inspection of electoral papers
“266.  A party to an application may—
	(a)	with the leave of the Court; and
	(b)	in the presence of the Commissioner or a member of staff of the Electoral Commission;
inspect, and make copies of or take extracts from, the electoral papers (except ballot papers) in the possession of the Commissioner that were used in connection with the election being disputed.
Commissioner not prevented from accessing documents
“267.  Unless the Court otherwise orders, the filing of an application is not to be taken to prevent the Commissioner, another member of the Electoral Commission or a member of the staff of the Commission from having access to any document to which that person would otherwise be entitled to have access for the purpose of performing a function under this Act. 
Registrar to serve copies of declarations on certain persons
“268.  The Registrar shall, forthwith after an application is determined, serve a sealed copy of the declarations and orders (if any) made by the Court on—
	(a)	the Speaker; and
	(b)	each party to the application.
Effect of declarations
“269.  (1)  Where the Court declares an election void, another election shall be held in accordance with section 95.
“(2)  Where the Court declares that a person who has been declared elected was not duly elected, that person is to be taken not to have been duly elected.
“(3)  Where the Court declares that a person who has not been declared elected was duly elected, that person is to be taken to have been duly elected.
“(4)  A declaration by the Court referred to in subsection (1), (2) or (3) takes effect on the expiration of the day on which the declaration by the Court is made.
“Division 4—Eligibility and vacancies
Speaker to state case
“270.  If the Assembly passes a resolution referring to the Court a question relating to—
	(a)	the eligibility of a person who has been declared elected to be an MLA; or
	(b)	a vacancy in the membership of the Assembly;
the Speaker shall give to the Registrar a statement setting out the question referred, together with any documents in the possession of the Assembly that relate to that question.
Parties to a referral
“271.  The following persons are entitled to appear in a proceeding under this Division:
	(a)	any person who, in the opinion of the Court, has a sufficient interest in the determination of the question referred;
	(b)	any person on whom notice of that question is ordered to be served by the Court.
Declarations and orders
“272.  The Court shall hear and determine a question referred to it and may—
	(a)	declare that a person who has been declared elected is not eligible to be an MLA;
	(b)	declare a vacancy in the membership of the Assembly; or
	(c)	refuse to make a declaration;
and may make such orders in relation to the referral as the Court thinks appropriate.
Registrar to serve copy of declarations on Speaker
“273.  The Registrar shall, forthwith after a question referred to the Court is determined, serve a sealed copy of the declarations and orders (if any) made by the Court on—
	(a)	the Speaker; and
	(b)	each party to the referral.
Effect of declarations
“274.  (1)  Where the Court—
	(a)	declares that a person who has been declared elected is not eligible to be an MLA; or
	(b)	declares a vacancy in the membership of the Assembly;
on the expiration of the day on which the declaration is made a vacancy in the membership of the Assembly arises.
“(2)  A vacancy under subsection (1) shall be filled in accordance with Part XIII.
“Division 5—Proceedings
Procedure
“275.  In a proceeding, the Court—
	(a)	shall be guided by the substantial merits and good conscience of the case; and
	(b)	is not bound by technicalities, legal forms or the rules of evidence, but may inform itself in such manner as it thinks appropriate.
Legal representation limited
“276.  In a proceeding, a party is entitled to be represented by only 1 barrister and solicitor appearing as counsel.
Admissibility of evidence
“277.  (1)  A person who appears as a witness in a proceeding is not excused from answering a question or producing a document or other thing that the person is required by the Court to answer or produce on the ground that the answering of the question or the producing of the document or thing may tend to incriminate the person or on the ground of privilege.
“(2)  A statement or disclosure made, or a document or other thing produced, by a person in the course of a proceeding, or any information, document or other thing obtained as a direct or indirect consequence of the making of the statement or disclosure, or of the production of the first‑mentioned document or thing, is not admissible in evidence in any civil or criminal proceeding except—
	(a)	a proceeding before the Court; or
	(b)	a proceeding for an offence relating to the giving of false evidence.
Costs may be awarded against the Territory
“278.  Notwithstanding that the Territory is not a party to a proceeding, the Court may order the payment of all or any of the costs of the proceeding by the Territory.
“PART xvii—ELECTORAL OFFENCES
“Division 1—Bribery and improper influence
Bribery 
“279.  (1)  A person shall not offer, solicit or accept an electoral bribe. 
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  In this section—
‘bribe’ does not include a declaration of public policy or a promise of public action; 
‘electoral bribe’ means a bribe for the purpose of—
	(a)	influencing the vote of an elector;
	(b)	influencing the candidature of a person in an election; 
	(c)	otherwise influencing the course or result of an election;
	(d)	inducing a person not to apply, or to withdraw an application, under section 186 to be a candidate for a seat in relation to which a casual vacancy has occurred, where that person is an eligible person within the meaning of that section; or
	(e)	inducing a person not to apply, or to withdraw an application, to the Court of Disputed Elections under Division 3 of Part XVI to dispute the validity of an election, where that person is entitled to dispute the validity of the election under section 251.
Influencing of votes by officers
“280.  In the performance of a function under this Act, an officer shall not, without reasonable excuse, do anything for the purpose of influencing the vote of another person.
Penalty:  $5,000 or imprisonment for 6 months, or both.
Influencing votes of hospital and nursing home patients
“281.  The proprietor of a hospital or nursing home, or an employee or agent of such a proprietor, shall not, without reasonable excuse, do anything for the purpose of influencing the vote of a patient or resident of the hospital or nursing home.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“Division 2—Protection of rights
Violence and intimidation
“282.  A person shall not, by violence or intimidation, hinder or interfere with—
	(a)	the free exercise of a right under this Act; or
	(b)	the free performance of a duty under this Act.
Penalty:  $5,000 or imprisonment for 6 months, or both.
Discrimination on grounds of political donations
“283.  (1)  A person shall not discriminate against another person on the ground of the making by the other person of a donation to—
	(a)	a political party; or
	(b)	a candidate in an election.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  In this section—
‘discriminate against’, in relation to a person, means—  
	(a)	deny the person access to membership of any trade union, club or other body, whether incorporated or not;
	(b)	not allow the person to work or to continue to work;
	(c)	subject the person to any form of intimidation or coercion; or
	(d)	subject the person to any other detriment.
Employees’ right to leave of absence for voting
“284.  (1)  Upon notification from an employee before a polling day, the employer shall allow the employee, without penalty or any disproportionate deduction of pay, to take any necessary leave (not exceeding 2 hours) for the purpose of voting.
Penalty:  $1,000.
“(2)  Subsection (1) does not apply if the absence of the employee from employment could—
	(a)	endanger any person, animal or thing; or
	(b)	cause substantial loss to any person.
“(3)   An employee shall not notify an employer under subsection (1) if he or she does not have a genuine intention of voting during the period of the leave to be granted for the purpose of voting.
Penalty:  $500.
“Division 3—Campaigning offences
Interpretation
“285.  In this Division—
‘address’, in relation to a person, means—
	(a)	if the person is acting for or on behalf of a political party—an address of the party, not being a post office box; or
	(b)	in any case—
	(i)	the address of the person’s principal place of residence; or
	(ii)	an address of the person’s place of business;
‘disseminate’, in relation to electoral matter, means—
	(a)	in the case of printed matter—print, publish or distribute; or
	(b)	in the case of electoral matter in an electronic medium—produce, broadcast or distribute;
‘reportage or commentary’, in relation to a newspaper or periodical, means everything in the newspaper or periodical except—
	(a)	advertisements; and
	(b)	letters to the editor.
Dissemination of electoral matter—authorisers and authors
“286.  (1)  A person shall not disseminate printed electoral matter unless the name and address of the person who authorised the electoral matter, or its author, appear—
	(a)	 at the end; and
	(b)	in the case of an item containing electoral matter taking up the whole or part of each of 2 opposing pages of a newspaper or periodical—at the foot of the item on the first page.
Penalty:  $1,000.
“(2)  Paragraph (1) (b) does not apply to an item containing electoral matter if it is apparent from the text or lay-out of the item that it extends across the 2 pages of the newspaper or periodical.
Dissemination of electoral matter—letters to the editor
“287.  (1)  Section 286 does not apply to the dissemination of a letter to the editor of a newspaper or periodical if—
	(a)	the name of the author and the locality of the author’s residence appears at the end; and
	(b)	the editor of the newspaper or periodical keeps a written record of the address of the author, as stated in the original of the letter sent to the editor or as otherwise ascertained by the editor.
“(2)  For the purposes of paragraph (1) (a), it is sufficient to identify the locality of an author’s residence by reference to—
	(a)	the suburb or town of, or nearest to, that residence; and
	(b)	in the case of a locality outside the Territory—the State, other Territory or other country of that residence.
Dissemination of electoral matter—newspaper and periodical reportage and commentary
“288.  Section 286 does not apply to electoral matter contained in reportage or commentary in an issue of a newspaper or periodical if the issue contains a statement to the effect that a person whose name and address appears in the statement has authorised the publication of all electoral matter contained in reportage or commentary in that issue.
Dissemination of electoral matter—campaign stationery
“289.  Section 286 does not apply to electoral matter on any of the following items, unless the item includes a representation of a ballot paper:
	(a)	a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon;
	(b)	a business or visiting card that promotes the candidacy of a person in an election;
	(c)	a letter or card on which the name and address of the sender appears;
	(d)	an item included in a class of items prescribed by the regulations.
‘Advertorials’
“290.  (1)  This section applies to an advertisement in a newspaper or periodical which—
	(a)	appears to be reportage or commentary; and
	(b)	includes electoral matter.
“(2)  If this section applies to an advertisement, the proprietor of the newspaper or periodical shall cause the word ‘advertisement’ to be printed as a headline to the advertisement, in letters not smaller than 10 point, on each page on which the advertisement appears.  
Penalty:  $1,000.
Misleading or deceptive electoral matter
“291.  (1)  A person shall not disseminate, or authorise to be disseminated, electoral matter that is likely to mislead or deceive an elector about the casting of a vote.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  It is a defence to a prosecution under subsection (1) if it is established that the defendant did not know, and could not reasonably be expected to have known, that the electoral matter was likely to mislead or deceive an elector about the casting of a vote.
Inducement to illegal voting—representations of ballot papers 
“292.  A person shall not disseminate, or authorise to be disseminated, electoral matter including a representation of a ballot paper, or part of a ballot paper, likely to induce an elector to mark his or her vote otherwise than in accordance with the directions on the ballot paper.
Penalty:  $5,000 or imprisonment for 6 months, or both.
Graffiti
“293.  (1)  A person shall not, without reasonable excuse, mark any electoral matter directly on any defined place or object without the consent of—
	(a)	in the case of a place—the lessee or lawful occupier of the place; or
	(b)	in the case of an object—the owner or lawful possessor of the object.
Penalty:  $1,000.
“(2)  The Territory or a Territory authority shall not give consent for the purposes of subsection (1).
“(3)  In a prosecution for an offence under subsection (1) in relation to a defined place or object leased, occupied, owned or possessed by the Territory or a Territory authority, it is to be conclusively presumed that the Territory or the Territory authority, as the case requires, did not consent to any marking of electoral matter on the place or object.
“(4)  In this section—
‘defined place or object’ means a building, footpath, hoarding, roadway, vehicle, vessel or any public or private place (whether on land or water or in the air);
‘lessee’ has the same meaning as in Part V of the Land (Planning and Environment) Act 1991;
‘mark’ means write, draw or depict.
Defamation of candidates 
“294.  (1)  A person shall not make or publish, or authorise to be made or published, a false and defamatory statement about the personal character or conduct of a candidate.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  It is a defence to a prosecution for an offence under subsection (1) if it is established that the defendant believed on reasonable grounds that the relevant statement was true.
“(3)  A person who makes a false and defamatory statement in relation to the personal character or conduct of a candidate in contravention of this section may, at the suit of the candidate, be restrained by injunction from repeating the statement or any similar false and defamatory statement.
Publication of statements about candidates
“295.  (1)  A person shall not publish, or authorise to be published, on behalf of a body (whether incorporated or unincorporated) a statement—
	(a)	expressly or impliedly claiming that a candidate in an election is associated with, or supports the policy or activities of, that body; or
	(b)	expressly or impliedly advocating that a candidate should be given the first preference vote in an election;
without the written authority of the candidate.
Penalty:  $3,000.
“(2)  In proceedings for an offence against subsection (1), it shall be presumed, unless the contrary is proved, that a statement purported to be made on behalf of a body was made on behalf of the body.
“(3)  This section does not apply in relation to a statement—
	(a)	published on behalf of a political party; and
	(b)	relating to a candidate who has been nominated by that party, or who has publicly declared his or her candidature to be on behalf of, or in the interests of, that party.
Disruption of election meetings
“296.  (1)  A person shall not, without reasonable excuse, disrupt an election meeting.
Penalty:  $500.
“(2)  The chairperson of an election meeting may request a police officer to remove from the meeting any person who, in the opinion of the chairperson, is disrupting the meeting.
“(3)  Upon a request from the chairperson under subsection (2), a police officer may take reasonable action to remove from the meeting the person disrupting the meeting. 
“(4)  A person who is the subject of a request referred to in subsection (2) shall not, without reasonable excuse, return to the meeting without the authority of the chairperson after leaving it or being removed from it.
Penalty:  $1,000.
“(5)  In this section—
‘election meeting’ means a lawful public meeting held during a pre‑election period in association with the relevant election.
Prohibition of canvassing near polling places
“297.  (1)  A person shall not, within a polling place, or within 6 metres of the entrance to a polling place— 
	(a)	do anything for the purpose of influencing the vote of another person in the election;
	(b)	do anything for the purpose of inducing an elector not to vote at the election; or
	(c)	exhibit a notice other than a notice authorised by the Commissioner for display there.
Penalty:  $500.
“(2)  Where a building used as a polling place is situated on grounds within an enclosure, the Commissioner may cause to be displayed throughout the hours of polling, at each entrance to the grounds, a notice signed by him or her stating that those grounds are part of the polling place for the purposes of this section.
“(3)  In this section—
‘polling place’ means—
	(a)	a place where a declaration vote may be made before an officer;
	(b)	a polling place within the meaning of section 3;
	(c)	the grounds surrounding a place referred to in paragraph (b), where a notice under subsection (2) is displayed at each entrance to those grounds; or
	(d)	a place where polling is taking place as authorised under Division 4 of Part X.
Badges and emblems
“298. (1)  In a place where a declaration vote may be made before an officer, an officer shall not wear or display a badge or emblem associated with a candidate or political party.
“(2)  Subject to subsection 117 (5), an officer or scrutineer shall not wear or display in a polling place a badge or emblem associated with a candidate or political party.
Penalty:  $1,000.
How-to-vote material in polling places
“299.  (1)  A person shall not, except for the purposes of assisting another person to vote under section 150, exhibit or leave in a polling place any printed electoral matter.
Penalty:  $500.
“(2)  This section does not apply in relation to—
	(a)	a visiting officer acting under section 145; or
	(b)	a notice authorised by the Commissioner for display in the polling place.
“(3)  In this section—
‘polling place’ means—
	(a)	a place where a declaration vote may be made before an officer;
	(b)	a polling place within the meaning of section 3; or
	(c)	a place where polling is taking place as authorised under Division 4 of Part X.
Evidence of authorisation of electoral matter
“300.  In proceedings for an offence against this Division—
	(a)	electoral matter including a statement to the effect that it was authorised by a specified person is admissible as evidence of that fact;
	(b)	an issue of a newspaper or periodical including a statement to the effect that a specified person authorised the publication of all electoral matter contained in reportage or commentary in that issue is admissible as evidence of that fact;
	(c)	electoral matter including a statement to the effect that it was disseminated by a specified person is admissible as evidence of that fact; and
	(d)	electoral matter which includes a name purporting to be the author’s name is admissible as evidence of that fact.
“Division 4—Voting fraud
Voting fraud
“301.  (1)  A person shall not supply a ballot paper unless authorised to do so for the purposes of this Act.
Penalty:  $5,000.
“(2)  A person shall not obtain a ballot paper by fraudulent means.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(3)  A person other than an elector shall not mark a ballot paper, unless expressly authorised by this Act.  
Penalty:  $5,000.
“(4)  A person shall not fraudulently put a ballot paper, or any other paper, in a ballot box.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(5)  A person shall not fraudulently take a ballot paper out of— 
	(a)	a place where a declaration vote may be made before an officer;
	(b)	a polling place; or
	(c)	a scrutiny centre.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(6)  A person shall not, without reasonable excuse, interfere with a ballot box, or a ballot paper, unless authorised to do so for the purposes of this Act.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“Division 5—Electoral papers
Interpretation—electoral papers
“302.  In this Division—
‘electoral paper’ means any document or form provided for by or under this Act. 
Electoral papers—forgery
“303.  (1)  A person shall not forge an electoral paper.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  A person shall not, without reasonable excuse, possess an instrument designed or adapted particularly for forging an electoral paper.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(3)  A person shall not, without reasonable excuse, possess a forged electoral paper, knowing it to be forged.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(4)  A person shall not, without reasonable excuse, publish an electoral paper, knowing it to be forged.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(5)  In this section—
‘forgery’, in relation to an electoral paper, includes—
	(a)	the forgery of a signature on the electoral paper; and
	(b)	the marking of an electoral paper with a false signature;
‘publication’, in relation to an electoral paper which is a ballot paper, includes the placing of the ballot paper in a ballot box.
Electoral papers—forfeiture
“304.  (1)  Upon conviction of a person for an offence against section 303, any document or instrument in relation to which the offence was committed is forfeited to the Territory.
“(2)  A forfeited document or instrument may be destroyed or dealt with as prescribed.
Electoral papers—unauthorised possession
“305.  (1)  A person shall not, without reasonable excuse, except for the purposes of this Act—
	(a)	possess an electoral paper; or
	(b)	possess an instrument designed or adapted particularly for producing an electoral paper, or an official mark on an electoral paper.
Penalty:  $3,000.
Electoral papers—false or misleading statements
“306.  (1)  A person shall not, in an electoral paper, make a statement that is false or misleading in a material particular.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  It is a defence to a prosecution for an offence under subsection (1) if it is established that the defendant did not know, and could not reasonably be expected to have known, that the relevant statement was false or misleading in a material particular.
Electoral papers—defacement etc.
“307.  Unless authorised by or under this Act, a person shall not fraudulently deface, remove, mutilate or destroy an electoral paper.
Penalty:  $5,000 or imprisonment for 6 months, or both.
Electoral papers—signatures
“308.  (1)  Subject to subsection (2), if a person is required by this Act to sign an electoral paper, he or she shall sign it with his or her personal signature.
Penalty:  $1,000.
“(2)  Where a person is unable to sign his or her name in writing, the person is to be taken to have signed an electoral paper if—
	(a)	the person makes a mark on the paper by way of signature; or
	(b)	another person signs the document in the presence of and at the direction of the person. 
Electoral papers—witnesses
“309.  (1)  A person shall not witness the signature of an electoral paper unless—
	(a)	the paper is signed by the signatory;   
	(b)	he or she has seen the signatory sign the paper;
	(c)	he or she is satisfied as to—
	(i)	the identity of the signatory; and
	(ii)	the truth of any statements made in the paper by the signatory; and
	(d)	he or she is able to sign his or her own name.
Penalty:  $1,000.
“(2)  For the purposes of paragraph (1) (c), a witness may satisfy himself or herself on the basis of—
	(a)	personal knowledge of the signatory;
	(b)	inquiries made of the signatory; or
	(c)	any other reasonable means.
“(3)  In this section—
‘signatory’, in relation to a person witnessing the signature of an electoral paper, means the person whose signature is purported to be witnessed.
“Division 6—Official functions
Improper influence—members of Electoral Commission etc.
“310.  A person shall not do anything improper for the purpose of influencing a member of—
	(a)	the Electoral Commission;
	(b)	an augmented Commission; or 
	(c)	a Redistribution Committee.
Penalty:  $5,000 or imprisonment for 6 months, or both.
Unauthorised actions by officers
“311.  An officer shall not, without reasonable excuse, contravene—
	(a)	a provision of this Act for which no other penalty is provided; or
	(b)	a direction given to him or her under this Act. 
Penalty:  $1,000.
Identification of voters and votes
“312.  (1)  Except as authorised under this Act, an officer shall not make any mark on a ballot paper which would be likely to enable the identification, directly or indirectly, of the person who votes on the ballot paper.    
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  Except as authorised under this Act, an officer or a scrutineer shall not, directly or indirectly, disclose any information acquired in the performance of his or her functions under this Act which would be likely to enable it to be known how an identified voter has voted.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(3)  In subsection (2)—
‘officer’ includes a person who has been, but is no longer, an officer; 
‘scrutineer’ includes a person who has been, but is no longer, a scrutineer.
Responses to official questions
“313.  (1)  A person shall not, in answer to an official question, make a statement that is false or misleading in a material particular.
Penalty:  $5,000 or imprisonment for 6 months, or both.
“(2)  It is a defence to a prosecution for an offence under subsection (1) if it is established that the defendant did not know, and could not reasonably be expected to have known, that the relevant statement was false or misleading in a material particular.
“(3)  In this section—
‘official question’ means a question asked by an officer in the performance of his or her functions under this Act.
Control of behaviour at voting centres
“314.  (1)  A person shall not, without reasonable excuse, disrupt an activity being carried out under this Act at a voting centre.
Penalty:  $1,000.
“(2)  A person at a voting centre shall not, without reasonable excuse, disobey a direction given by the OIC by or under this Act.
Penalty:  $1,000.
“(3)  A person shall not, without reasonable excuse, enter or remain at a voting centre without the permission, express or implied, of the OIC.
Penalty:  $1,000.
“(4)  Subsection (3) does not apply—
	(a)	to an officer; 
	(b)	to a scrutineer who is entitled to be on the premises under section 117; or
	(c)	if the voting centre is a polling place—to a voter who enters the place for the purpose of voting and remains no longer than is necessary and reasonable for that purpose.
“(5)  A person who contravenes this section may be removed from the premises by a police officer or by an authorised officer.
“(6)  In this section—
‘OIC’, in relation to a voting centre, means the officer in charge of the centre;
‘voting centre’ means—
	(a)	a place where a declaration vote may be made before an officer;
	(b)	a polling place; or
	(c) 	a scrutiny centre.
“part XVIII—enforcement proceedings
“Division 1—Injunctions
Restraining conduct
“315.  (1)  Where a person has engaged, is engaging, or proposes to engage, in conduct that constituted, constitutes, or would constitute, a contravention of this Act or another law of the Territory in its application to elections, the Supreme Court may—
	(a)	where the conduct relates to an election—on the application of a candidate in the election; or
	(b)	in any case—on the application of the Commissioner;
and not otherwise, grant an injunction—
	(c)	restraining the first-mentioned person from engaging in that conduct; and
	(d)	if, in the opinion of the Court, it is desirable to do so—requiring that person to do any act or thing.
“(2)  The Court may grant an injunction restraining a person from engaging in conduct of a particular kind—
	(a)	if the Court is satisfied that the person has engaged in conduct of that kind, whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
	(b)	if it appears to the Court that, in the event an injunction is not granted, it is likely the person will engage in conduct of that kind, whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to another person if the first-mentioned person engages in conduct of that kind.
Requiring acts or things to be done
“316.  (1)  Where a person has refused or failed, is refusing or failing, or proposes to refuse or fail, to do an act or thing in contravention of this Act or another law of the Territory in its application to elections, the Supreme Court may—
	(a)	where the refusal or failure relates to an election—on the application of a candidate in the election; or
	(b)	in any case—on the application of the Commissioner;
and not otherwise, grant an injunction requiring the first-mentioned person to do the act or thing.
“(2)  The Court may grant an injunction requiring a person to do a particular act or thing—
	(a)	if the Court is satisfied that the person has refused or failed to do that act or thing, whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
	(b)	if it appears to the Court that, in the event an injunction is not granted, it is likely the person will refuse or fail to do that act or thing, whether or not the person has previously refused or failed to do the act or thing and whether or not there is an imminent danger of substantial damage to another person if the first-mentioned person refuses or fails to do that act or thing.
Commissioner not required to give undertakings as to damages
“317.  Where the Commissioner makes an application for an injunction to which this Division applies, the Court shall not require that, as a condition of granting the injunction, the Commissioner give any undertakings as to damages on his or her own behalf or on behalf of any other person.
Powers of the Court
“318.  Subject to this Division, the Supreme Court has the same powers (so far as they are applicable) in relation to injunctions under this Division as it has in relation to injunctions under its original jurisdiction.
“Division 2—Prosecutions
Investigation of complaints
“319.  The Commissioner shall—
	(a)	investigate; or
	(b)	refer to the appropriate authority for investigation;
any complaint alleging a contravention of this Act, unless the Commissioner believes on reasonable grounds that the complaint is frivolous or vexatious.
Commissioner may prosecute enrolment and voting offences
“320.  The Commissioner may institute and conduct any prosecution in relation to an offence against subsection 67 (6) or 123 (1).
Service of certain process by mail
“321. In addition to any other method by which a document may be served, process relating to a proceeding for an offence against subsection 123 (1) may be served on a person by sending it by pre-paid post to the address of the person recorded on the roll.
“part xix—miscellaneous
Extension of time for acts by officers
“322.  Where—
	(a)	an officer is required by this Act to do an act at a specified time or within a specified period; and
	(b)	an officer other than the Commissioner refuses or fails to do the act at that time or within that period;
the Commissioner may grant an extension of time (not exceeding 48 hours) within which the act may be done.
Service of documents by fax
“323.  (1)  In addition to any other method by which a document may be given to a person, a document to which this section applies may be given to the person by fax.
“(2)  A  reference in this Act to a document to which this section applies shall, unless the contrary intention appears, be read as including a copy of the document obtained by a fax transmission.
“(3)  This section applies to any electoral paper other than the following:
	(a)	a completed ballot paper other than a ballot paper completed by an Antarctic elector; 
	(b)	completed declaration voting papers.
Forms—provision and assistance
“324.  (1)  The Commissioner shall ensure that any forms provided for, or required by or under, this Act are kept at the office of the Commissioner and are provided, on request, to members of the public.
“(2)  It is the duty of the staff of the Electoral Commission to assist, on request, members of the public in completing any of those forms.
Compliance with approved forms
“325.  Unless the contrary intention appears, strict compliance with an approved form is not necessary and substantial compliance, or such compliance as the circumstances of a particular case allow, is sufficient.
Correcting delays, errors and omissions
“326.  The Commissioner may remedy, remove or supply any delay, error or omission in the preparation, printing, issue or transmission of any roll, certified list of electors or ballot papers by instrument published in the Gazette specifying the matter to be dealt with and the course of action to be followed, and that course (if followed) is to be taken to be valid and sufficient for the purpose of remedying, removing or supplying the defect, error or omission.
Voting statistics to be published
“327.  The Electoral Commission shall, as soon as practicable after an election is held, publish statistics in relation to voting at the election.
Collecting further statistical information
“328.  When—
	(a)	the time for filing an application disputing the validity of an election has expired; and
	(b)	the Court of Disputed Elections has determined any such applications in respect of the election;
the Commissioner may use ballot papers, certified lists of electors, declaration voting papers and other electoral papers used in the election to collect statistical information.
Electoral papers to be securely stored
“329.  The Commissioner shall ensure that the electoral papers in his or her possession that were used in connection with an election are securely stored until—
	(a)	the commencement of the pre-election period for the next general election; or
	(b)	the documents are no longer required by the Commissioner, another member of the Electoral Commission or a member of the staff of the Commission for the purpose of performing a function under this Act;
whichever occurs last, after which time the Commissioner may direct that the documents be destroyed.
Administrative arrangements with the States etc.
“330.  The Minister may arrange with the appropriate Minister of the Crown of the Commonwealth, a State or another Territory—
	(a)	for officers or employees of the Public Service of the Commonwealth or a State or Territory, or an authority thereof, to exercise the powers or perform the duties of an officer under this Act; or
	(b)	to make a member of the Electoral Commission, the Commissioner or a member of the staff of the Commission available for the exercise of powers or the performance of duties on behalf of the corresponding electoral authority of the Commonwealth or that State or Territory.
Evidentiary certificates
“331.  (1)  In a proceeding under this Act, a certificate signed by the Commissioner stating any of the following matters is evidence of the matters so stated:
	(a)	that on a specified day a person was, or was not, enrolled for an electorate;
	(b)	that, in relation to an election, a person was or was not—
	(i)	an eligible overseas elector;
	(ii)	an Antarctic elector; or
	(iii)	an elector serving a sentence of imprisonment outside the Territory;
	(c)	that a person was, or was not, declared as a candidate for an election;
	(d)	that a nomination of a person to be a candidate in an election was rejected;
	(e)	that an election was duly held;
	(f)	that a person was, or was not, given a ballot paper for an election;
	(g)	that a person voted, or failed to vote, in an election;
	(h)	that on a specified day a person was, or was not, registered as the reporting agent of a party, independent MLA or candidate;
	(j)	that on a specified day no reporting agent was registered in respect of a specified party, independent MLA or candidate;
	(k)	that on a specified day a person was, or was not, an officer;
	(m)	that on a specified day a person was, or was not, the delegate of the Electoral Commission or the Commissioner.
“(2)  In subsection (1), a reference to a person or thing shall be read as a reference to a person or thing specified in the certificate.
Conduct of directors, servants and agents
“332.  (1)  Where, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show— 
	(a) 	that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and 
	(b) 	that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority. 
“(2)  A reference in subsection (1) to the state of mind of a body or person shall be read as including a reference to— 
	(a) 	the knowledge, intention, opinion, belief or purpose of the body or person; and 
	(b) 	the body’s or person’s reasons for the knowledge, intention, opinion, belief or purpose. 
“(3)  Any conduct engaged in on behalf of a body corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her actual or apparent authority is to be taken, for the purposes of this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct. 
“(4)  Where— 
	(a) 	a natural person is convicted of an offence against this Act; and 
	(b) 	the person would not have been convicted of the offence if subsections (1) and (3) had not been enacted; 
the person is not liable to be punished by imprisonment for that offence. 
“(5)  A reference in this section to a director of a body corporate is to be read as including a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory.
“(6)  A reference in this section to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.
Corporations—penalties
“333.  Where a body corporate is convicted of an offence against this Act, the penalty that the Court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the Court could impose as a pecuniary penalty for the offence.
Head of Administration to provide assistance etc.
“334.  The Head of Administration shall comply with any request by the Electoral Commission, the Commissioner or an augmented Commission for information or assistance reasonably required for the purposes of this Act.
Regulations
“335.  (1)  The Executive may make regulations, not inconsistent with this Act, prescribing matters—
	(a)	required or permitted by this Act to be prescribed; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act.
“(2)  Without limiting the generality of subsection (1), the regulations may prescribe penalties not exceeding—
	(a)	if the offender is a natural person—$1,000; or
	(b)	if the offender is a body corporate—$5,000;
for offences against the regulations.”.
Addition
23.  The Principal Act is amended by adding at the end the Schedules set out in the Schedule to this Act.
Renumbering
24.  (1)  The amended Act is further amended as provided by this section.
(2)  The sections of the amended Act are renumbered in a single series so that they bear consecutive Arabic numerals.
(3)  Any provision of the amended Act that refers to a section of that Act that has been renumbered by subsection (2) is amended by omitting that reference and substituting a reference to the section as so renumbered.
(4)  A reference in a provision of a law of the Territory made before the commencement of this section (whether or not that provision has commenced), or in any instrument or document, to a section of the amended Act that has been renumbered by subsection (2) shall be construed as a reference to that section as so renumbered.
(5)  In this section, “amended Act” means the Principal Act as amended by this Act.

	SCHEDULE 	Section 23
	SCHEDULE 1	Section 108

form of ballot paper	
Legislative Assembly for the Australian Capital Territory
Ballot paper		Election of [1] Member(s)
Electorate of [2] 
Number [1] boxes from 1 to [1] in the order of your choice
Then you may show as many further preferences as you wish by writing numbers from [3] onwards in other boxes.	
	A
[4]			B
[4]			C
[4]			
[5]		
												
		[6]			[6]			[6]			[6]	
											[7]	
												
		[6]			[6]			[6]			[6]	
											[7]	
												
		[6]			[6]			[6]			[6]	
											[7]	

Remember, number at least [1] boxes from 1 to [1] in the order of your choice.

1.	Insert number of vacancies	5.	Insert “UNGROUPED” if there are 
2.	Insert name of electorate		ungrouped candidates
3.	Insert the number that is one more than the number	6.	Insert name of candidate
	of vacancies	7.	Insert name, or abbreviation of
4.	Insert  name, or abbreviation of name, of registered		name, of registered political party, or
	political party, as required		“INDEPENDENT”, as required

	SCHEDULE 2	Section 110
BALLOT PAPERs—Printing of NAMES AND COLLATION
1.  In this Schedule—
“column”, in relation to a ballot paper, means a column of candidates’ names printed on the ballot paper in accordance with section 110.
2.  (1)  The ballot papers for an election shall be printed so that, for each column—
	(a)	separate batches are printed equal in number to the number of names in the column;
	(b)	in the first batch, the names in the column are printed in an order determined by the Commissioner by lot; 
	(c)	in each batch after the first, the names in the column are printed in the order specified in the table at the end of this Schedule; and
	(d)	so far as practicable, the number of ballot papers in each batch for the column is equal to the number of ballot papers in each other batch for the column.
(2)  In the table at the end of this Schedule—
	(a)	the number “1” appearing in a column shall be taken to represent the name determined in accordance with paragraph 1 (b) to be in the first position in the corresponding column on the ballot paper; and
	(b)	the number “2” appearing in a column shall be taken to represent the name determined in accordance with paragraph 1 (b) to be in the second position in the corresponding column on the ballot paper; 
and so on.
3.  The Commissioner shall ensure that ballot papers distributed to a polling place for the purposes of an election are so collated that the ballot paper immediately following another ballot paper in the issue is in a form different from that of the other ballot paper.
4.  The OIC of a polling place shall ensure, so far as practicable, that the form of a ballot paper issued by an officer to a person claiming to vote at that place is different from that of the previous ballot paper so issued by the officer.
Table
Where there are 2 names in the column—
2nd 
batch
2
1

Where there are 3 names in the column—
2nd                                               batch	3rd                                               batch	
2	3	
3	1	
1	2	
Where there are 4 names in the column—
2nd                           batch	3rd                            batch	4th                            batch	
4	2	3	
3	1	4	
1	4	2	
2	3	1	
Where there are 5 names in the column—
2nd                    batch	3rd                  batch	4th                          batch	5th                 batch	
3	5	4	2	
1	3	5	4	
5	4	2	1	
2	1	3	5	
4	2	1	3	
Where there are 6 names in the column—
2nd       batch	3rd       batch	4th        batch	5th        batch	6th        batch	
2	5	4	6	3	
5	4	6	3	1	
1	2	5	4	6	
6	3	1	2	5	
4	6	3	1	2	
3	1	2	5	4	

Where there are 7 names in the column—
2nd    batch	3rd    batch	4th    batch	5th    batch 	6th    batch	7th    batch	
2	6	5	7	3	4	
6	5	7	3	4	1	
4	1	2	6	5	7	
1	2	6	5	7	3	
7	3	4	1	2	6	
5	7	3	4	1	2	
3	4	1	2	6	5	
Where there are 8 names in the column—
2nd   batch	3rd    batch	4th    batch	5th     batch	6th    batch	7th    batch	8th    batch	
2	7	4	8	3	5	6	
7	4	8	3	5	6	1	
1	2	5	6	8	4	7	
5	6	7	2	1	3	8	
6	1	2	4	7	8	3	
8	3	1	7	4	2	5	
4	8	3	5	6	1	2	
3	5	6	1	2	7	4	
Where there are 9 names in the column—
2nd batch	3rd  batch	4th  batch	5th  batch	6th  batch	7th  batch	8th  batch	9th  batch	
2	8	7	9	3	4	5	6	
8	7	9	3	4	5	6	1	
4	5	6	1	2	8	7	9	
5	6	1	2	8	7	9	3	
6	1	2	8	7	9	3	4	
1	2	8	7	9	3	4	5	
9	3	4	5	6	1	2	8	
7	9	3	4	5	6	1	2	
3	4	5	6	1	2	8	7	
Where there are 10 names in the column—
2nd batch	3rd batch	4th batch	5th batch	6th batch	7th batch	8th batch	9th batch	10th batch	
2	8	3	5	9	7	6	4	10	
8	3	5	9	7	6	4	10	1	
5	9	7	6	4	10	1	2	8	
10	1	6	2	3	5	9	7	9	
9	7	1	4	10	8	2	8	3	
4	10	2	1	8	3	5	9	7	
6	4	10	8	2	1	3	5	6	
3	5	9	7	6	4	10	1	2	
7	6	4	10	1	2	8	3	5	
1	2	8	3	5	9	7	6	4	
Where there are 11 names in the column—
2nd batch	3rd batch	4th batch	5th batch	6th batch	7th batch	8th batch	9th batch	10th batch	11th batch	
2	9	3	4	10	7	6	5	11	8	
9	3	4	10	7	6	5	11	8	1	
4	10	7	6	5	11	8	1	2	9	
10	2	11	3	1	8	9	6	5	7	
1	7	6	8	11	9	3	2	4	10	
11	8	1	5	2	3	7	4	10	11	
6	5	8	1	9	2	4	10	9	3	
5	11	9	2	4	10	1	3	7	6	
3	4	10	7	6	5	11	8	1	2	
7	6	5	11	8	1	2	9	3	4	
8	1	2	9	3	4	10	7	6	5	
Where there are 12 names in the column—
2nd batch	3rd batch	4th batch	5th batch	6th batch	7th batch	8th batch 	9th batch	10th batch	11th batch	12th batch	
2	10	3	5	11	7	8	4	12	6	9	
10	3	5	11	7	8	4	12	6	9	1	
5	11	7	8	4	12	6	9	1	2	10	
1	2	8	6	12	10	9	7	5	11	3	
4	6	9	1	3	11	10	8	2	12	7	
8	1	2	4	9	5	3	10	3	7	11	
9	4	12	10	1	6	2	5	11	10	8	
11	12	10	9	2	1	7	3	4	5	6	
12	7	6	3	5	2	11	1	8	4	12	
3	5	11	7	8	4	12	6	9	1	2	
7	8	4	12	6	9	1	2	10	3	5	
6	9	1	2	10	3	5	11	7	8	4	

	SCHEDULE 3	Section 173
PRELIMINARY SCRUTINY OF DECLARATION VOTING PAPERS
1.  In this Schedule—
“envelope” means an envelope on which appears a declaration in the approved form made by an elector for the purpose of casting a declaration vote.
2.  The OIC of a scrutiny centre shall arrange for a preliminary scrutiny at the centre to be conducted in accordance with this Schedule.
3.  An officer shall record the condition of each ballot box containing completed declaration voting papers at the centre and remove the papers from the box.
4.  An officer shall produce—
	(a)	each set of declaration voting papers at the centre; and
	(b)	each written application for a postal vote to which any of those papers relate; 
that has not been dealt with at an earlier preliminary scrutiny.
5.  An officer shall sort the declaration voting papers to which the preliminary scrutiny relates into the following groups:
	(a)	1 group containing papers to which clause 6 applies; 
	(b)	1 group containing the remainder.
6.  (1)  This clause applies to a set of declaration voting papers if the officer is satisfied that—
	(a)	the signature on the declaration is that of the elector;
	(b)	the certificate by the witness is in accordance with section 129 or 130, whichever is appropriate; 
	(c)	in the case of a postal vote where the papers were posted to the Commissioner—the papers were so posted before the close of the poll; and
	(d)	in the case of the vote of an Antarctic elector—the envelope referred to in paragraph 170 (1) (c) is endorsed and signed by an authorised officer in accordance with that section.
(2)  For the purposes of paragraph (1) (b), where an officer referred to in subsection 129 (4) or that subsection as applied by subsection 130 (8) omits to sign the certificate (not being a certificate in respect of a postal vote), the certificate shall nevertheless be taken to be in accordance with section 129 or 130, as the case requires, if—
	(a)	the issue of the relevant declaration voting papers was recorded under Division 3 of Part X; and
	(b)	the OIC is satisfied the papers were properly issued to the elector.
7.  An officer shall sort the declaration voting papers to which clause 6 applies into the following groups:
	(a)	1 group containing envelopes on which appear declarations by electors enrolled for the electorate indicated in the declaration;
	(b)	1 group containing the remainder.
8.  An officer shall sort the remaining declaration voting papers referred to in  paragraph 7 (b) into the following groups:
	(a)	1 group containing papers to which clause 9 applies;
	(b)	1 group containing the remainder.
9.  (1)  This clause applies to a set of declaration voting papers if the OIC is satisfied that—
	(a)	the elector who signed the declaration was, when the roll closed for the election, entitled to be enrolled thereon; and
	(b)	the omission of the elector’s name from the roll resulted from an official error.
(2)  For the purposes of paragraph (1) (b), where an elector’s name has been duly removed from the roll for an electorate in which the elector is otherwise entitled to vote, the removal shall be taken to have been an official error, unless the removal occurred before the roll closed for the purpose of the last election before that to which the papers relate in which case the removal shall not be taken to be an official error.
10.  (1)  An officer shall withdraw the ballot papers from the envelopes in the groups of declaration voting papers to which paragraph 7 (a) or clause 9 applies and, without unfolding or inspecting the ballot papers or allowing any other person to do so, admit them to scrutiny under section 177. 
(2)  Where 2 or more sets of papers to which paragraph 7 (a) or clause 9 applies are in the name of a particular elector—
	(a)	the OIC shall determine which set shall be dealt with in accordance with subclause (1); and 
	(b)	the remaining set shall be set aside.
(3)  The OIC shall ensure that ballot papers referred to in subclause (1) are kept in a separate sealed ballot box until they are dealt with under section 177.
11.  The OIC shall, in accordance with clauses 4 to 10 (inclusive), conduct a further scrutiny of the groups of remaining declaration voting papers to which paragraph 5 (b) or 8 (b) apply and, if there are any papers to which either paragraph applies after the further scrutiny, the OIC shall—
	(a)	reject them from further scrutiny; and
	(b)	seal them, together with any papers to which paragraph 10 (2) (b) applies, in a parcel endorsed with a description of the contents, the name of the electorate and the date.
12.  The Commissioner shall give to each elector whose declaration voting papers are rejected under this Schedule written notice of the rejection setting out the reasons for the rejection.

	SCHEDULE 4	Section  179
Ascertaining result of poll
Part I—Preliminary
Interpretation
1.  (1)  In this Schedule, unless the contrary intention appears—
“ballot paper” means a ballot paper that is formal by virtue of Part XII;
“continuing candidate” means a candidate, other than a successful candidate, an excluded candidate or a candidate who died before polling day;
“count” means an allotment of votes under subclause 3 (1) or 6 (3), paragraph 9 (2) (c) or subclause 14 (2);
“count votes”, in relation to a candidate, is the number of votes calculated as follows:
BP  X  TV
where—
BP is the number of ballot papers to be dealt with at a count that record the next available preference for the candidate; and
TV is the transfer value of those ballot papers;
any fraction being disregarded;
“excluded candidate” means a candidate excluded under clause 8;
“next available preference” means the next highest preference recorded for a continuing candidate on a ballot paper;
“quota” means the quota of an electorate for an election and is calculated as follows:
+ 1
where—
BP	is the number of ballot papers for the election; and
N	is the number of positions to be filled at the election;
any fraction being disregarded;
“successful candidate” means a candidate who is successful by virtue of clause 3, 4, 6, 9 or 14;
“surplus”, in relation to a successful candidate, means the candidate’s total votes less the quota, where the resulting number of votes is 1 or greater;
“total votes”, in relation to a candidate, means the sum of all votes allotted to the candidate;
“transfer value”, in relation to a ballot paper, is—
	(a)	in relation to the allotment of votes from the surplus of a successful candidate—in the case of ballot papers that specify a next available preference, subject to subclause (2), the value calculated as follows:

where—
S	is the surplus; and
CP is the number of ballot papers counted for the candidate at the count at which he or she became successful and which specify a next available preference; or
	(b)	in relation to the allotment of votes under paragraph 9 (2) (c)—
	(i)	in the case of ballot papers in respect of which votes were allotted to the excluded candidate under clause 3—1; or
	(ii)	in the case of ballot papers in respect of which count votes were allotted to the excluded candidate under subclause 6 (3) or paragraph 9 (2) (c)—the transfer value of the ballot papers when counted for the purpose of that allotment.
(2)  Where, but for this subclause, the transfer value of a ballot paper calculated in accordance with paragraph (a) of the definition of ‘transfer value’ would be greater than the transfer value of the ballot paper when counted for the successful candidate, the transfer value of that ballot paper is the last-mentioned transfer value.
Disregarding preferences
2.  (1)  This clause applies where effect is to be given to preferences indicated in candidate squares on a ballot paper by virtue of section 174.
(2)  Where the same number is marked in 2 or more candidate squares on a ballot paper, those numbers and any greater number shall be disregarded in determining the elector’s preferences.
(3)  Where a number is missing from the series of consecutive whole numbers marked in the candidate squares on a ballot paper, the missing number and any greater number shall be disregarded in determining the elector’s preferences.
Part II—general
First preferences
3.  (1)  For each ballot paper recording a first preference for a continuing candidate, 1 vote shall be allotted to the candidate.
(2)  For the purposes of subclause (1), a ballot paper on which a first preference for a candidate who died before polling day is recorded shall be taken to record a first preference for the candidate for whom the next available preference is recorded.
(3)  After the allotment of votes under subclause (1), each continuing candidate’s total votes shall be calculated and, if the votes equal or exceed the quota, the candidate is successful.
Scrutiny to cease
4.  (1)  If, after a calculation under subclause 3 (3), 6 (4) or paragraph 9 (2) (d), the number of successful candidates is equal to the number of positions to be filled, the scrutiny shall cease.
(2)  If, after a calculation under subclause 3 (3) or 6 (4) or after all the ballot papers counted for an excluded candidate have been dealt with under clause 9—
	(a)	the number of continuing candidates is equal to the number of positions remaining to be filled; and
	(b)	no successful candidate has a surplus not already dealt with under clause 6;
each of those continuing candidates is successful and the scrutiny shall cease.
Scrutiny to continue
5.  If the scrutiny has not ceased in accordance with clause 4 and—
	(a)	1 or more successful candidates have a surplus not already dealt with under clause 6—subject to clause 4, each surplus shall be dealt with in accordance with clause 6; or
	(b)	there are no successful candidates with such a surplus—1 continuing candidate shall be excluded in accordance with clause 8 and the ballot papers counted for him or her shall be dealt with in accordance with clause 9.
Surplus votes
6.  (1)  Subject to clause 7, this clause applies in relation to the surplus of a successful candidate.
(2)  Each ballot paper counted for the purpose of allotting votes to the successful candidate at the count at which the candidate became successful shall be dealt with as follows:
	(a)	if it does not specify a next available preference—it shall be set aside as finally dealt with for the purposes of this Part; 
	(b)	if it specifies a next available preference—it shall be grouped according to the candidate for whom that preference is recorded.
(3)  The count votes for each continuing candidate shall be determined and allotted to him or her.
(4)  After the allotment under subclause (3), the continuing candidates’ total votes shall be calculated and, if the total votes of a candidate equal or exceed the quota, the candidate is successful.
More than 1 surplus
7.  (1)  In this clause—
	(a)	a reference to a successful candidate shall be read as a reference to a successful candidate with a surplus not already dealt with under clause 6; and
	(b)	a reference to the earliest count shall be read as a reference to the earliest count at which a successful candidate obtained a quota.
(2)  Where there are 2 or more successful candidates, the surplus of the relevant candidate shall be dealt with in accordance with clause 6.
(3)  For the purposes of subclause (2)—
	(a)	if only 1 successful candidate obtained a quota at the earliest count—that candidate is the relevant candidate;
	(b)	if 2 or more successful candidates obtained a quota at the earliest count—the candidate who, of those candidates, has the largest surplus is the relevant candidate; or
	(c)	if 2 or more successful candidates (in this paragraph called “contemporary candidates”) who obtained a quota at the earliest count have the same surplus, being a surplus larger than that of any other candidate who obtained a quota at that count and—
	(i)	1 of the contemporary candidates had more total votes than any other contemporary candidate at the last count at which all the contemporary candidates had unequal total votes—that candidate; or
	(ii)	there is no count at which all the contemporary candidates had unequal total votes—the contemporary candidate who is determined by the Commissioner by lot to be the relevant candidate;
is the relevant candidate.
Exclusion of candidates
8.  (1)  Where clause 5 or 15 requires a candidate to be excluded, the candidate with the least total votes shall be excluded.
(2)  Where 2 or more candidates each have the same total votes, being fewer total votes than any other candidate and—
	(a)	1 of those candidates had fewer total votes than any other of those candidates at the last count at which all those candidates had unequal votes—that candidate; or
	(b)	there is no count at which all those candidates had unequal total votes—the candidate who, of those candidates, is determined by the Commissioner by lot to be the candidate to be excluded;
shall be excluded.
Votes of excluded candidates
9.  (1)  Where a candidate is excluded in accordance with clause 8, the ballot papers counted for the candidate shall be sorted into groups according to their transfer values when counted for him or her.
(2)  Subject to subclause (3), each group under subclause (1) shall be dealt with as follows:
	(a)	if a ballot paper in the group does not specify a next available preference—it shall be set aside as finally dealt with for the purposes of this Part;
	(b)	if a ballot paper in the group specifies a next available preference—it shall be grouped according to the candidate for whom that preference is recorded; 
	(c)	each continuing candidate’s count votes shall be determined and allotted to him or her; 
	(d)	continuing candidates’ total votes shall be calculated and, if the votes of any of those candidates equal or exceed the quota, the candidate is successful. 
(3)  The groups referred to in subclause (1) shall be dealt with under subclause (2) starting with the group with the highest transfer value and, subject to subclause 4 (1) or 15 (2), continuing in descending order until all the groups have been dealt with.
Setting aside ballot papers
10.  Where, after a calculation under subclause 3 (3) or 6 (4) or paragraph 9 (2) (d), the total votes of a candidate who became successful on that calculation equal the quota, the ballot papers counted for that candidate shall be set aside for the purposes of this Part.
Part III—casual vacancies
Application
11.  (1)  This Part applies in relation to the vacancy in the seat of a former MLA that is to be filled by recount under section 188.
(2)  For the purposes of this Part—
	(a)	“continuing candidate” means a candidate within the meaning of Part XIII of this Act, but does not include a candidate who died before the recount for the purposes of this Part commenced;
	(b)	the quota is calculated under clause 12; and
	(c)	the transfer value is determined under clause 13.
Quota
12.  For the purposes of this Part, the quota, in relation to a count, is calculated as follows:
+ 1
where TVA is the sum of the total votes allotted to the continuing candidates at the count, any fraction being disregarded.
Transfer value
13.  (1)  For the purposes of this Part, the transfer value of ballot papers counted for the former MLA—
	(a)	in relation to a ballot paper dealt with at the count at which the former MLA became successful—is the value ascertained in accordance with subclause (2);
	(b)	in relation to a ballot paper dealt with at the count under clause 3—is 1; and
	(c)	in relation to a ballot paper dealt with at any other count—is the transfer value of the ballot paper when counted for the purpose of allotting count votes to the former MLA.
(2)  Where, at the count at which the former MLA became successful, NCP X TV was greater than or equal to Q—N—
	(a)	in relation to a ballot paper that did not specify a next  available preference—the value is calculated as follows:
; and
	(b)	in relation to a ballot paper that specified a next available preference—the value is zero.
(3)  Where, at the count at which the former MLA became successful, NCP X TV was less than Q—N—
	(a)	in relation to a ballot paper that did not specify a next available preference—the value is the transfer value of the ballot paper when counted for the purpose of allotting count votes to the former MLA; and
	(b)	in relation to a ballot paper that specified a next available preference—the value is calculated as follows:
.
(4)  For the purposes of subsections (2) and (3)—
NCP	is the number of ballot papers counted for the former MLA at the count at which he or she became successful that did not specify a next available preference;
TV	is the transfer value of a ballot paper when counted at that count for the purpose of allotting count votes to the former MLA;
Q	is the quota for the election at which the former MLA was last elected;
N	is the former MLA’s total votes after the last calculation before that count; and
CP	is the number of ballot papers counted for the former MLA at that count that specified a next available preference.
Recount—first count
14.  (1)  If a ballot paper counted for the former MLA—
	(a)	does not specify a next available preference—it shall be set aside as finally dealt with for the purposes of this Part; or
	(b)	specifies a next available preference—it shall be grouped according to the candidate for whom that preference is recorded.
(2)  The count votes for each continuing candidate shall be determined and allotted to him or her, and each continuing candidate’s total votes shall be calculated.
(3)  If, after the calculation under subclause (2), the total votes of a continuing candidate equal or exceed the quota, the candidate is successful and the scrutiny shall cease.
Recount—continuation
15.  (1)  If the scrutiny has not ceased in accordance with subclause 14 (3) or subclause (2) of this clause—
	(a)	1 continuing candidate shall be excluded in accordance with clause 8; and
	(b)	the ballot papers counted for that candidate shall be dealt with in accordance with clause 9.
(2)  If, after a calculation under paragraph 9 (2) (d), a candidate is successful, the scrutiny shall cease.
Successful candidate is dead
16.  (1)  If the candidate who is successful on a recount is dead, the recount shall be conducted again.
(2)  For the purposes of subclause (1), a ballot paper on which a preference for that candidate is recorded shall be taken to record a preference for the candidate for whom the next available preference is recorded.
Multiple vacancies
17.  (1)  If there are 2 or more vacancies in the seats of former MLAs that are required to be filled by recount under section 188, the recounts shall be conducted in the order in which the vacancies occurred.
(2)  If 2 or more of those vacancies occurred at the same time, the Commissioner shall determine by lot the order in which the recounts are to be conducted.
Part iV—deceased successful candidates
Application of Part III
18.  (1)  Where a successful candidate dies on or after polling day but before the declaration of the result of the election, the ballot papers counted for the deceased candidate shall be dealt with in accordance with Part III of this Schedule as if they had been counted for a former MLA.
(2)  For the purposes of this Part—
“continuing candidate” means a candidate other than a successful candidate, a candidate who died before the recount for the purposes of this Part commenced or a candidate who is excluded for the purposes of clause 15.
Multiple deaths
19.  (1)  If 2 or more successful candidates die on or after polling day but before the declaration of the result of the election, the ballot papers counted for each deceased candidate shall be dealt in the order in which the candidates died.
(2)  If 2 or more of those successful candidates died at the same time, the Commissioner shall determine by lot the order in which the ballot papers for the deceased candidates are to be dealt with.

NOTE
1.	Act No. 71, 1992 as amended by No. 44, 1993.

note about section headings
On the day on which a section of the Electoral Act 1992 referred to in the following table is amended by this Act, the heading to that section is altered as set out in the following table:
Section	Alteration	
26	Omit the heading, substitute the following heading:
	Suspension or termination
27	Omit the heading, substitute the following heading:
	Acting Commissioner
40	Omit “Augmented”, substitute “Augmented Electoral”.
41	Omit the heading, substitute the following heading:
	Meetings of augmented Electoral Commission
43	Omit “augmented”, substitute “augmented Electoral”.
44	Omit “augmented”, substitute “augmented Electoral”.
45	Omit “augmented”, substitute “augmented Electoral”.
46	Omit “augmented”, substitute “augmented Electoral”.
[Presentation speech made in Assembly on 16 December 1993]

©  Australian Capital Territory 1994