New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 July 2018
- Act 41 of 1912
TABLE OF PROVISIONS
Long Title
PART 1 - NAME OF ACT AND INTERPRETATION
1. Name of Act
2. Repeal
3. Definitions
PART 2 - DISTRIBUTION OF ELECTORATES
3A-5. (Repealed)
6. Appointment of commissioners for redistribution of seats
6A. Commissioners may use services of officers of Public Service
7. Duration of office etc
8. Chairperson
9. Rules
10. Quorum--casting vote of chairperson
11. Disqualifications for appointment as commissioner
12. Appointments to fill vacancies
13. Redistribution of electoral districts by commissioners etc
14. Notice of proposed alteration of existing boundaries to be given
14A. Manner of identifying boundaries of electoral districts
15. Proclamation of names and maps of electoral districts
16, 17. (Repealed)
17A. Criteria for distributions
18. (Repealed)
19. Application to commissioners of Royal Commissions Act 1923
PART 3 - (Repealed)
PART 3A - ELECTORAL ADMINISTRATION
Division 1 - New South Wales Electoral Commission
21A. Constitution of Electoral Commission
21B. Members of Electoral Commission
21C. Functions of Electoral Commission
21CA. Enforcement functions of Electoral Commission with respect to local government elections
21D. Staff of the Electoral Commission
Division 2 - Electoral Commissioner
21AA. Electoral Commissioner
21AB. Tenure of office of Electoral Commissioner
21AC. Provisions applicable to Electoral Commissioner
21ACA. Electoral Commissioner not required to vote at Assembly and Council elections
21AD. Acting Electoral Commissioner
Division 3 - Election officials for districts
21AE. Election officials
21AF. Acting returning officers
21AG. Functions of election officials
21AH. Returning officer not eligible to vote at Assembly election
Division 4 - Election assistants for periodic Council elections
21AI. Appointment of assistants for Electoral Commissioner for periodic Council elections
Division 5 - Interstate or overseas pre-poll voting officers
21AJ. Interstate or overseas pre-poll voting officers
21AK. Appointment of assistants for interstate or overseas pre-poll voting officer
Division 6 - Miscellaneous
21AL. Definition of "appointed official"
21AM. Delegation
21AN. Appointed officials subject to control and direction
21AO. Declarations to be made by appointed officials
21AP. Remuneration of appointed officials
21AQ. Termination of appointment of appointed officials
21AR. Notification of appointments and termination of appointments of returning officers
21BAA-21D. (Repealed)
PART 3B - ENTITLEMENT TO ENROL AND VOTE
22. Who is entitled to be enrolled?
23. Entitlement to vote
24. Restrictions on entitlement to vote
25. Disqualifications from voting
PART 4 - ENROLMENT AND ROLLS
Division 1 - Rolls
26. Rolls for districts
Division 2 - Enrolment
27. Compulsory enrolment: obligation to enrol and keep enrolment updated
28. Means of enrolment
29. Enrolment by Electoral Commissioner on Electoral Commissioner's initiative
30. Enrolment by Electoral Commissioner in response to a claim
30A. Enrolment by Electoral Commissioner in response to change to Commonwealth electoral roll
31. Silent electors: request for address not to be shown on roll
Division 3 - Objections
32. Objection
33. Notice of objection
34. Answer to objection
35. Determination of objection
Division 4 - Review of determination
36. Review by Local Court
37. Power of Local Court to hear and determine applications for review
Division 5 - Inspection of rolls and provision of enrolment information
38. Electoral Commissioner to determine manner and form of access to rolls and enrolment information
39. Public inspection of rolls
40. Provision of enrolment information to parties, members and candidates
41. Provision of enrolment information to others
42. Use of enrolment information
43. Prohibition of disclosure or commercial use of enrolment information
44. On-line access by an individual to information about the individual
45. Division does not affect arrangements with Commonwealth
Division 6 - Collection of electoral information
46. Collection and maintenance of electoral information
47. Persons who are to provide information
48. Privacy--non-disclosure of information
Division 7 - Miscellaneous
49. Arrangement with Commonwealth
50. Witness to application must be satisfied of truth of statements
51. Failure to transmit claim
52. Correction of errors
Division 8 - (Repealed)
None
PART 4A - REGISTRATION OF PARTIES
66A. Definitions and related provisions
66B. Registration of parties
66C. Register of Parties
66D. Application for registration
66DA. Notice of application for registration
66E. Registration
66F. Party not to be registered during election
66FA. Entitlements resulting from party registration not available until first anniversary of registration
66G. Refusal to register
66H. Amendment of Register
66HA. Annual returns and other inquiries with respect to continued registration or applications for registration
66I. Cancellation of registration
66J. Public access to registers
66JA. Distribution of information to electors about registered parties
66K. Statutory declarations
66L. False statements
66M. Evidence
66N. Transitional and other arrangements
67. (Repealed)
PART 5 - CONDUCT OF ELECTIONS
Division 1 - Application of Part
67A. Application of Part
Division 1A - Writs for Assembly elections
68. Within what time writs for general elections to be issued and made returnable
69. Meeting of Assembly after return of writs
69A. Governor to issue writ for vacancy occurring before Assembly meets after general election
70. Speaker to issue writs to fill vacancies
71. If no Speaker, Governor to issue writ
72. Writs directed to Electoral Commissioner
73. (Repealed)
74. Duties of Electoral Commissioner on receipt of writ
Division 1B - Writs for periodic Council elections
74A. Writs for periodic Council elections
74B. Meeting of Council after return of writs
74C. Writ directed to Electoral Commissioner
74D. Duties of Electoral Commissioner on receipt of writ
Division 2 - General conduct of Assembly and Council elections
75. General conduct of Assembly elections
75A. (Repealed)
76. General conduct of Council elections
77, 78. (Repealed)
Divisions 2A, 3 - (Repealed)
None
Division 4 - Nominations for the Assembly
79. Nomination of Assembly candidates
79A. Withdrawal of nomination for Assembly election
80. Proceedings on nomination day if one candidate only
81. When poll to be taken
81A. Death of candidate
Division 5 - Nominations for the Council
81B. Nomination of Council candidates
81C. Grouping of candidates
81D. Dual nominations
81E. Member of Commonwealth Parliament ineligible for Council
81F. Deposit for periodic Council election
81G. Withdrawal of nomination for a periodic Council election
81H. Proceedings after close of nominations
81I. (Repealed)
Division 5A - Child sexual offences etc disclosures by candidates for the Assembly or Council
81J. Application of Division
81K. Definitions
81L. Child-related conduct declarations
81M. Duties of Electoral Commissioner with respect to child-related conduct declarations
81N. Duties of Children's Guardian with respect to child-related conduct declarations
81NA. Duty of persons to assist the Children's Guardian
81O. Unauthorised disclosure or dishonest disclosure of information
81P. Reports presented to Presiding Officer of House of Parliament
Division 6 - Ballot papers for Assembly elections
82. Ballot papers to be provided
82A. Returning officer to determine order in which candidates' names are to appear on ballot paper
83. Printing of ballot papers
Division 6A - Ballot papers for periodic Council elections
83A. Ballot papers to be provided
83B. Printing of ballot papers
83C. (Repealed)
Division 6B - Party endorsement on ballot papers
83D. Notification of party endorsement
83E. Notification of independent candidacy
83F. Verification of party endorsement
83G. Combination of requests
83H. Printing of party name etc on ballot papers
83I. Form of party name on ballot papers
Division 7 - Polling places
84. Polling places
85. Booths to be erected or rooms hired
86. Booths--arrangements, ballot boxes etc
86A. (Repealed)
87. Polling place--arrangements
87A. Mobile booths in hospitals etc
87B. Mobile booths for pre-poll voting in remote districts
88. (Repealed)
89. Polling place managers to be furnished with copies of rolls and ballot papers
90. Scrutineers
91. (Repealed)
Division 8 - General provisions for the regulation of voting
92. Exercise of functions of election officials under this Division by election assistants
93. Who may be present at polling place
94. Ballot box to be exhibited before taking of poll
95. Hours of polling
96. Permission to be granted to employees to go to polling place
97. Where electors may vote
98. Appointment of polling places outside electoral district
99. Questions to be put to voter
99A. Person whose residence is not on the roll
100. Questions to be put if voter challenged
101. Errors not to forfeit vote
101A. (Repealed)
102. Ballot papers to be initialled
102A. Marking of roll
103. Vote, how given
103A. Vote of person whose residence is not shown on the roll
104. Spoilt ballot papers
104A. Ballot papers may be photocopied, written or otherwise reproduced
105. (Repealed)
106. Provisional voting
107. (Repealed)
108. Assistance to certain electors
108A. Instructions
109. Provision when poll falls on Saturday
110. When votes to be rejected
111. Ballot papers not to be removed from polling booth etc
112. False answer to questions etc or multiple voting
113. Penalty for obstructing elector from access to polling place
114. Maintenance of order
Division 9 - Voting by post
114A. Application for a postal vote certificate and postal ballot paper
114AA. General postal voters
114AB. Dispatch of ballot papers to general postal voters
114B. Authorised witnesses
114C. Duty of witnesses
114D. Issue of certificate and ballot paper
114E. Retention of applications
114F. Postal ballot papers to be initialled
114G, 114GA. (Repealed)
114H. Directions for postal voting
114I. Duty of authorised witness
114J. Penalty for unlawfully marking etc ballot paper
114K. Duty of persons present when an elector votes by post
114L. Preliminary scrutiny of postal ballot papers
114M. Postal and absent voters' ballot papers not to be informal because of certain omissions or mistakes
114N. Spoilt postal ballot paper
114NA. (Repealed)
114O. Assistance for returning officer
Division 10 - Pre-poll voting (electoral offices and appointed places inside and outside NSW)
114P. Application for permission to vote before polling day
114PA. Procedure for voting before polling day--voting in elector's district
114Q. Procedure for voting before polling day--voting other than in elector's district (including outside NSW)
114QA. Ballot papers etc forwarded to district for which elector enrolled
114R. Provisional pre-poll voting
114S. (Repealed)
114T. Assistance to certain electors
114U. Scrutineers
114V. Penalty for unlawfully marking ballot paper
114W. Duty of persons present when elector votes under this Division
114X. Preliminary scrutiny of ballot papers of electors under section 114Q
114Y. Spoilt ballot papers
114Z. Assistance for pre-poll voting officer
Division 11 - (Repealed)
None
Division 11A - Pre-poll voting (declared institutions)
114ZM. Definition
114ZN. Declared institutions
114ZO. Taking of poll at declared institutions
114ZP. Entitlement to vote at declared institution
114ZQ. Duty to deliver request to vote
114ZQA. Procedure for voting at declared institutions--general
114ZQB. Procedure for voting at declared institutions--voting in elector's district
114ZR. Procedure for voting at declared institutions--voting other than in elector's district
114ZS. Assistance to certain electors
114ZT. Scrutineers
114ZU. Penalty for unlawfully marking ballot paper etc
114ZV. Duty of persons present when elector votes under this Division
114ZW. Preliminary scrutiny of ballot papers of certain electors under this Division
114ZX. Spoilt ballot papers
114ZY. Assistance for pre-poll voting officer
Division 12 - Absent voters
115. Voting outside electoral district
115A. Provisional absent voting
116. Forwarding of absent voters' ballot papers
117. Returning officer satisfied to accept ballot paper for further scrutiny
117A. Preliminary scrutiny of provisional absent voters' ballot papers
118. Further scrutiny
119. Decision of returning officer re validity of ballot paper
120. Exercise of functions of election officials under this Division by election assistants
Division 12A - Technology assisted voting
120AA. Definitions
120AB. Meaning of "eligible elector"
120AC. Electoral Commissioner to approve procedures for technology assisted voting
120AD. Independent auditing of technology assisted voting
120AE. Scrutineers
120AF. Technology assisted votes to be counted with postal votes
120AG. Secrecy relating to technology assisted voting
120AH. False and misleading statements
120AI. Protection of computer hardware and software
120AJ. Approvals to be published on the internet
120AK. Regulations relating to technology assisted voting
120AL. Electoral Commissioner may determine that technology assisted voting is not to be used
120AM. Review of technology assisted voting at elections and investigation of its extension to other electors
Division 13 - Compulsory voting
120A. (Repealed)
120B. Electoral Commissioner to prepare list of electors failing to vote
120C. Penalty notices for certain offences
120D. Notation on list of non-voters of response to penalty notice
120E. List to be evidence
120F. Offences relating to failure to vote
120G. Opening sealed parcels containing rolls and list used at election
120H. (Repealed)
Division 13A - Concurrent Assembly and periodic Council elections
120I. Issue of writs and nomination day for concurrent Assembly and periodic Council elections
120J. Additional provisions applicable where polling day for Assembly and periodic Council elections is same day
Division 14 - Proceedings after close of poll at Assembly elections
120K. Application of Division
121. How and when number of votes to be ascertained
122. Informal ballot papers
122A. Ballot papers not to be informal in certain circumstances
123. Sealing and transmission by polling place managers of separate parcels of ballot papers etc
124. Account of ballot papers and verification thereof and of list of votes
125. Returning officers' parcels
125A. Parcels of postal, pre-poll or absent ballot papers etc
126. Declaration of poll
126A. Scrutiny for statistical information
127. Security of election materials
128, 129. (Repealed)
Division 14A - Proceedings after close of poll at periodic Council elections
129A. Application of Division
129B. Counting of votes
129C. Sealing and transmission of separate parcels of ballot papers etc
129D. Returning officers' parcels
129E. Lists and accounts of ballot papers
129EA. Formal votes where vote recorded in group voting square
129EB. Special provision where minimum size of group reduced by death of candidate etc
129F. Informal ballot papers
129G. Declaration of poll
129H. Security of election materials
129I, 129J. (Repealed)
Division 15 - Adjournment of poll
130. When polling may be adjourned etc
131. Notice of adjournment to be given
131A. Votes at adjourned poll
132. Limits of adjournments
Division 16 - General provisions
133. Election not to be questioned for want of or defect of title of officers
134. Election not to be questioned for omission etc of a formal nature
135. Violation of secrecy by officers
135A. Electoral official to vacate office upon becoming a candidate
136. Penalty for neglect etc by electoral officials
137. Appointment of and declaration by scrutineers
138. Election information
139-146. (Repealed)
Division 17 - Bribery, treating, intimidation etc
147. Bribery etc
148. Extended meaning of terms "candidate" and "election"
149. Electoral treating
150. Penalty for electoral treating
151. Intimidation
151A. Printing etc false information
151B. Exhibition of posters
151C. (Repealed)
151D. Removal and confiscation of posters
151E. Name and address of author and printer to be printed on advertisements etc
151EA. Authorisation of advertisements on electronic billboards, digital road signs etc to be displayed
151F. Distribution of electoral material on polling day
151G. Registration of electoral material
151GA. Registration of electoral matter involving joint voting directions
151H. Prohibition of canvassing near polling places
151I. Confiscation of electoral material
151J. Application of provisions to grounds of polling place
152. Persons incurring electoral expense without authority
153. (Repealed)
154. Wagers etc on result of elections prohibited
Division 18 - Polling in Antarctica
154AA. Electoral Commissioner to approve procedures for voting in Antarctica
154AB. Entitlement to vote in Antarctica
154AC. Votes from Antarctica to be counted with postal votes
154AD. Requirements for voting procedures in Antarctica
154AE. Votes from Antarctica not to be disclosed
154AF-154AQ. (Repealed)
PART 6 - COURT OF DISPUTED RETURNS
Division 1 - Disputed elections and returns
154A. Application of Division
155. Method of disputing elections or returns
156. The Court of Disputed Returns
157. Requisites of petition
158. Deposits as security for costs
159. No proceedings unless requisites complied with
160. Right of Electoral Commissioner to be represented
161. Powers of Court
162. (Repealed)
163. Inquiries by Court
164. Voiding election for illegal practices
165. Court to report cases of illegal practices
166. Real justice to be observed
167. Immaterial errors not to vitiate election
168. Evidence that person not permitted to vote
169. Decisions to be final
170. Copies of petition and order of court to be sent to Clerk of Assembly
171. Australian legal practitioner
172. Costs
173. Deposits applicable for costs
174. Other costs
175. Effect of decisions
175A. Power to make Rules of Court
175AA. Regulations re court fees
Division 2 - Qualifications and vacancies
175B. Reference of question as to qualification or vacancy
175C. President or Speaker to state case
175D. Parties to the reference
175E. Powers of Court
175F. Order to be sent to House affected
175G. Application of certain sections
Division 3 - Application of Division 2 to Council
175H. Application of Division 2 to Legislative Council
Division 4 - Casual vacancies in Council
175I. Application of Division
175J. Application of certain sections
PART 7 - MISCELLANEOUS PROVISIONS, PENALTIES ETC
176. Regulations
176A. Destruction of ballot papers and other documents
176B. Disorderly conduct at public political meetings
176C. Signature to electoral paper
176D. Untrue statements in forms
176E. Witnessing electoral papers
176F. Forging or uttering electoral papers
177. Offence of stuffing ballot box
178. Penalty on police officers influencing voters etc
179. Payment of expenses
180. (Repealed)
181. Penalty for disobedience
182. (Repealed)
183. Proceedings for offences
184. Limitation of time etc for recovery of penalties etc
184A. Enforcement powers of Electoral Commission
185. Appropriations of fees and penalties
186. Provision as to Sunday, Good Friday and Christmas Day
186A. Savings, transitional and other provisions
187. Investigation of internet voting for vision-impaired and other disabled persons
PART 8 - (Repealed)
None
SCHEDULE 1
Schedule 3 (Repealed)
SCHEDULE 4
SCHEDULE 4A
Schedule 18 (Repealed)
SCHEDULE 19
Schedule 21 (Repealed)
SCHEDULE 21A
SCHEDULE 22