COMMONWEALTH ELECTORAL ACT 1918
Table of Provisions
PART I--PRELIMINARY
PART II--ADMINISTRATION
Division 1--Preliminary
PART III--REPRESENTATION IN THE PARLIAMENT
Division 1AA--Interpretation
38A Interpretation Division 1--Choosing of senators for
39 Senators to be directly chosen by people of State etc. Division 2--Representation of the Territories in the Senate
40 Representation of the Territories in the Senate 41 Powers, privileges and immunities of senator for Territory 42 Term of service of senator for Territory 43 Time of elections of senators for Territories 44 Casual vacancies in places of senators for Territories Division 3--Representation of the States and Territories in the House of Representatives
45 Interpretation 46 Ascertainment of numbers of people of Commonwealth, States and Territories 47 Supply of statistical information by Australian Statistician 48 Determination of number of members of House of Representatives to be chosen in States and Territories 48A Northern Territory to elect 2 members of the House of Representatives in the next election 49 Notification of determination 50 Number of members of House of Representatives to be chosen in States and Territories 51 Choice of member for Territory 53 Powers, privileges and immunities of member for Territory 54 Time of elections of members for Territories
PART IV--ELECTORAL DIVISIONS
PART VI--ELECTORAL ROLLS
PART VII--QUALIFICATIONS AND DISQUALIFICATIONS FOR ENROLMENT AND FOR VOTING
PART VIII--ENROLMENT
98AA Evidence of identity requirements 98 Addition of names to Rolls 98A Refusal to include in the Roll inappropriate names 99 Claims for enrolment or transfer of enrolment 99A Provisional claim for enrolment by applicant for citizenship 99B Provisional enrolment by applicant for citizenship 100 Claims for age 16 enrolment 101 Compulsory enrolment and transfer 102 Action on receipt of claim 103 Penalty on officer neglecting to enrol claimants 103A Updating or transferring a person's enrolment without claim or notice from the person 103B Enrolling unenrolled person without claim or notice from the person 104 Request for address not to be shown on Roll 105 Alteration of Rolls 106 Incorrect enrolment 107 Alterations to be initialled 108 Lists of deaths to be forwarded 109 Lists of persons serving, or ceasing to serve, sentences of imprisonment to be forwarded 110 Electoral Commissioner to act on receipt of information 111 Computer records relating to Roll 112 Application of Part to Australian Capital Territory and Northern Territory
PART IX--OBJECTIONS
113 Interpretation 114 Objection to enrolment 115 Form and manner of objection 116 Notice of objection 118 Determination of objection
PART X--REVIEW OF DECISIONS
PART XI--REGISTRATION OF POLITICAL PARTIES
PART XIII--WRITS FOR ELECTIONS
151 Issue of writs for election of Senators for Territories 152 Forms of writs 153 Writs for election of Senators 154 Writs for election of members of House of Representatives 155 Date for close of Rolls 156 Date of nomination 157 Date of polling 158 Polling to be on a Saturday 159 Date of return of writ 160 General election to be held on same day 161 Application of Part
PART XIV--THE NOMINATIONS
162 Candidates must be nominated 163 Qualifications for nomination 164 State and Territory members not entitled to be nominated 165 Multiple nominations prohibited 166 Mode of nomination 167 Nominations 168 Grouping of candidates 169 Notification of party endorsement 169A Notification of independent candidacy 169B Verification of party endorsement 169C Combination of requests and nominations 170 Requisites for nomination 170A Objects and effect of qualification checklist 170B Providing additional documents with nomination 171 Form of consent to act 172 Rejection of nominations and requests 173 Deposit to be forfeited in certain cases 174 Place of nomination 175 Hour of nomination 176 Declaration of nominations 177 Withdrawal of consent to a nomination 178 Return of deposit in case of candidate's death 179 Proceedings on nomination day 180 Death of candidate after nomination 181 Failure of election 181A Publication of qualification checklist etc. on website 181B Delivery of qualification checklist etc. to the Parliament 181C Certain laws do not apply
PART XV--POSTAL VOTING
182 Interpretation 183 Grounds of application for postal vote 184 Application for postal vote 184A Application for registration as general postal voter 184AA Application forms for postal votes 184B Register of General Postal Voters 185 Registration as general postal voter 185B Review of Registers 185C Cancellation of registration 186 Dispatch of postal voting papers to registered general postal voters 188 Issue of certificate and ballot papers 188A Dealing with application after issue of certificate and ballot paper 189 Inspection of applications 189A Access to electronic list of postal vote applicants 189B Restriction on use or disclosure of information 192 Form of postal vote certificate 193 Authorised witnesses 194 Postal voting 195 Duty of authorised witnesses etc. 195A Procedure for dealing with postal vote certificates etc. 196 Opening of postal ballot paper 197 Failure to post or deliver postal vote application etc. 198 Inducing person to hand over marked ballot paper 199 Correction of formal errors 200 Mistakes
PART XVA--PRE-POLL VOTING
Division 1--Introduction
PART XVB--ELECTRONICALLY ASSISTED VOTING
202AA Definitions 202AB Providing for voting by an electronically assisted voting method 202AC There must be a record of who has voted using the electronically assisted voting method 202AD There must be a record of the vote 202AE How this Act applies in relation to voting using the electronically assisted voting method 202AF Electoral Commissioner may decide that electronically assisted voting method is not to be used by sight-impaired persons
PART XVI--THE POLLING
PART XVIII--THE SCRUTINY
PART XIX--THE RETURN OF THE WRITS
283 Return of writ for election of Senators 284 Declaration of poll and return of writs for House of Representatives 285 Correction of errors 286 Extension of time
PART XX--ELECTION FUNDING AND FINANCIAL DISCLOSURE
Division 1--Preliminary
286A Simplified outline of this Part 287 Interpretation 287AA Meaning of foreign donor 287AB Meaning of electoral expenditure 287AC Implied freedom of political communication 287A Campaign committee to be treated as part of State branch of party 287C Entities that are not incorporated Division 1A--Registration of political campaigners and associated entities and the Transparency Register
Subdivision A--Simplified outline of this Division
287D Simplified outline of this Division 287E Object of this Division Subdivision B--Requirement to register as a political campaigner or associated entity
287F Requirement to register as a political campaigner 287H Requirement to register as an associated entity 287J Expenditure incurred by persons and entities that are not registered when required to be so 287K Application for registration 287L Determining an application for registration 287M Applications for deregistration Subdivision C--Transparency Register
287N Transparency Register 287P Obligation to notify Electoral Commissioner of changes to information on Transparency Register 287Q Transparency Register to be made public etc. 287R Entry in Transparency Register prima facie evidence of information Subdivision D--Anti-avoidance
287S Anti-avoidance Division 2--Agents and financial controllers
Subdivision A--Simplified outline of this Division
287V Simplified outline of this Division Subdivision B--Appointment of agents
288 Agents of political parties 289 Appointment of agents by candidates and groups 291 Register of Party Agents 292 Effect of registration etc. 292A Evidence of appointment 292B Responsibility for action when agent of party or branch dead or appointment vacant 292C Revocation of appointment of agent of candidate or group 292D Notice of death or resignation of agent of candidate or group Subdivision C--Nomination of financial controllers
292E Financial controllers of political campaigners and associated entities Subdivision D--Requirements for appointment or nomination
292F Requirements for appointment or nomination Division 3--Election funding
Subdivision A--Simplified outline of this Division
292G Simplified outline of this Division Subdivision B--Election funding
293 Election funding for registered political parties 294 Election funding for unendorsed candidates 295 Election funding for unendorsed groups Subdivision BA--Automatic payment of election funding of
296 Automatic payment of election funding of $10,000 Subdivision C--Claims for election funding of more than
297 Need for a claim for election funding of more than $10,000 298 Electoral expenditure incurred 298A Form of claim 298B Lodging of claim 298BA Varying a claim 298C Determination of claim 298D Payment to be made following acceptance of an interim claim 298E Payment to be made following acceptance of a final claim 298F Refusing a final claim 298G Application for reconsideration of decision to refuse a final claim 298H Reconsideration by Electoral Commission Subdivision D--Payments of election funding
299 Recovery of amounts that are not payable 299A Method of making payments Subdivision E--Miscellaneous
300 Death of candidates or group members 301 Varying decisions accepting claims 302 Appropriation Division 3A--Requirements relating to donations
Subdivision A--Interpretation
302A Simplified outline of this Division 302B Definitions 302C Object of this Division 302CA Gifts made etc. for federal purposes Subdivision B--Offences and civil penalty provisions relating to donations
302D Donations to registered political parties , candidates, Senate groups and political campaigners by foreign donors 302E Donations to third parties by foreign donors 302F Gifts provided for the purposes of incurring electoral expenditure etc. 302G False affirmation or information that donor is not a foreign donor 302H Anti-avoidance Subdivision D--Other provisions relating to offences and civil penalty provisions
302P Information relating to foreign donor status 302Q Debts due to the Commonwealth 302R Physical elements of offences Division 4--Disclosure of donations
302V Simplified outline of this Division 303 Interpretation 304 Disclosure of gifts 305A Gifts to candidates etc. 305B Gifts to political parties and political campaigners 306A Certain loans not to be received 306B Repayment of gifts where corporations wound up etc. 307 Nil returns Division 5--Disclosure of electoral expenditure
307A Simplified outline of this Division 309 Returns of electoral expenditure 311A Annual returns of income and expenditure of Commonwealth Departments 313 Nil returns 314 Two or more elections on the same day Division 5A--Annual returns by registered political parties and other persons
314AAA Simplified outline of this Division 314AA Interpretation 314AB Annual returns by registered political parties and political campaigners 314AC Amounts received 314AE Outstanding amounts 314AEA Annual returns by associated entities 314AEB Annual returns by third parties 314AEC Annual returns relating to gifts received by third parties for electoral expenditure 314AF Returns not to include lists of party membership 314AG Regulations Division 6--Miscellaneous
314A Simplified outline of this Division 314B Disclosure of amounts given etc. for federal purposes 315 Requirement to refund payments 315A Recovery of payments 316 Investigation etc. 317 Keeping records 318 Inability to complete returns 319 Non-compliance with Part does not affect election 319A Amendment of claims and returns 320 Requirement to publish determinations, notices and returns 321 Indexation 321A Indexation of disclosure threshold
PART XXA--AUTHORISATION OF ELECTORAL MATTER
Division 1--Preliminary
PART XXI--ELECTORAL OFFENCES
322 Interpretation 323 Officers and scrutineers to observe secrecy 324 Officers not to contravene Act etc. 325 Officers not to influence vote 325A Influencing votes of hospital patients etc. 326 Bribery 327 Interference with political liberty etc. 329 Misleading or deceptive publications etc. 330 False statements in relation to Rolls 335 Cards in polling booth 336 Signature to electoral paper 337 Witnessing electoral papers 338 Unlawfully marking ballot papers 339 Other offences relating to ballot papers etc. 339A Officers not to interfere with etc. ballot-boxes or ballot papers 340 Prohibition of certain behaviour near polling booths and pre-poll voting places 341 Badges or emblems in polling booths 342 Duty of witness to claim 343 Failure to transmit claim 345 Employers to allow employees leave of absence to vote 346 Protection of the official mark 347 Disorderly behaviour at meeting 348 Control of behaviour at polling booths etc. 351 Publication of matter regarding candidates
PART XXII--COURT OF DISPUTED RETURNS
Division 1--Disputed Elections and Returns
352 Interpretation 353 Method of disputing elections 354 The Court of Disputed Returns 355 Requisites of petition 356 Deposit as security for costs 357 Petition by Electoral Commission 358 No proceedings unless requirements complied with 359 Right of Electoral Commissioner to be represented 360 Powers of Court 361 Inquiries by Court 362 Voiding election for illegal practices etc. 363 Court to report cases of illegal practices 363A Court must make its decision quickly 364 Real justice to be observed 364A Provision for Court to have regard to certain rejected ballot papers 365 Immaterial errors not to vitiate election 365A Election not affected by failure of delivery arrangement 366 Errors relating to printing of party affiliations 367 Evidence that person not permitted to vote 367A Disposal of petition where election cannot be decided 368 Decisions to be final 369 Copies of petition and order of Court to be sent to House affected, Governor-General and Speaker 370 Representation of parties before Court 371 Costs 372 Deposit applicable for costs 373 Other costs 374 Effect of decision 375 Power to make Rules of Court 375A Right of Electoral Commission to have access to documents Division 2--Qualifications and vacancies
376 Reference of question as to qualification or vacancy 377 President or Speaker to state case 378 Parties to the reference 379 Powers of Court 380 Order to be sent to House affected 381 Application of certain sections
PART XXIII--MISCELLANEOUS
381A Extension of time for acts by officers 382 General provisions about enrolment-related claims etc. 383 Injunctions 384 Prosecution of offences 384A Application of Regulatory Powers Act 385 Certificate evidence 385A Evidence of authorship or authorisation of material 386 Disqualification for bribery and undue influence 386A Immunity from suit 387 Electoral papers to be sent free by post 387A Service of process by mail 388 Averments deemed to be proved 389 Defendant may be called upon to give evidence 390 Production of claims for enrolment etc. 390A Claims for enrolment etc. not to be subject to warrants 391 Record of claims for enrolment etc. 392 Forms 393A Preservation of documents 394 No State or Territory vote to be held on polling day 395 Regulations
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