New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
ocal Government Amendment
(Elections) Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Local Government Act 1993 No 30 3
Schedule 2 Amendment of Local Government (General) Regulation 2005 6
b2012-027-42.d15
New South Wales
ocal Government Amendment
(Elections) Bill 2012
No , 2012
A Bill for
An Act to amend the Local Government Act 1993 to make further provision with
respect to local government elections for civic office; and for other purposes.
Clause 1 Local Government Amendment (Elections) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Local Government Amendment (Elections) Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Local Government Amendment (Elections) Bill 2012
Amendment of Local Government Act 1993 No 30 Schedule 1
Schedule 1 Amendment of Local Government Act 1
1993 No 30 2
[1] Section 269 Who is a "resident" for the purposes of this Part? 3
Omit "on the relevant date" from section 269 (1) (a). 4
[2] Section 269 (2) 5
Omit the subsection. 6
[3] Section 290 When is an election of a mayor by the councillors to be held? 7
Insert at the end of the section: 8
(3) For the purposes of this section, an election of councillors does 9
not conclude until the declaration of election of all the councillors 10
of the council concerned. 11
[4] Section 298 Residential roll 12
Omit section 298 (3). 13
[5] Section 301 Roll of electors 14
Omit "and confirmed under section 298" from section 301 (1). 15
Insert instead "by the Electoral Commissioner under section 298". 16
[6] Section 301 (2) 17
Omit the subsection. Insert instead: 18
(2) For each election, an authorised copy of the roll of electors is to 19
be compiled in accordance with this Division. 20
[7] Section 301 (3) 21
Insert "the authorised copy of" before "the roll" wherever occurring. 22
[8] Section 301 (4) 23
Insert after section 301 (3): 24
(4) An authorised copy of the roll referred to in subsections (2) 25
and (3) is a printed or electronic copy of the roll of the electors 26
for the area or ward concerned as at the closing date for the 27
election. 28
Page 3
Local Government Amendment (Elections) Bill 2012
Schedule 1 Amendment of Local Government Act 1993 No 30
[9] Section 303 Making of claims for inclusion in the roll 1
Omit "the roll of electors is" from section 303 (5). 2
Insert instead "the non-residential roll and the roll of occupiers and ratepaying 3
lessees are". 4
[10] Section 305 5
Omit the section. Insert instead: 6
305 Provisional voting 7
The regulations may prescribe circumstances in which a person 8
is to be permitted to vote at an election under this Act where: 9
(a) the person is not enrolled for the area or ward concerned, 10
but claims to be entitled to be enrolled on the residential 11
roll for that area, or 12
(b) the person claims that the person's name has been omitted 13
from the roll for the area (for any reason), but claims he or 14
she is entitled to vote at an election, or 15
(c) there is other uncertainty as to a person's entitlement to 16
vote at an election (for example, the person claims the 17
person's name has been incorrectly marked off a roll at an 18
election). 19
[11] Section 313 20
Omit the section. Insert instead: 21
313 Check on double-voting and failure to vote 22
(1) After the close of the poll at a contested election, the copies of the 23
roll of electors used at the election are to be checked by the 24
Electoral Commissioner in accordance with this section to 25
determine: 26
(a) which electors' names (if any) have been marked more 27
than once, and 28
(b) which electors (if any) appear to have failed to vote. 29
(2) In the case of an election administered by a general manager, the 30
general manager must (within the period specified by the 31
Electoral Commissioner) forward the copies of the roll of electors 32
used at that election to the Electoral Commissioner for checking. 33
(3) The Electoral Commissioner is, for each contested election, to 34
prepare a list of the names of the persons on the residential roll 35
who, although entitled to vote at the election, appear to have 36
Page 4
Local Government Amendment (Elections) Bill 2012
Amendment of Local Government Act 1993 No 30 Schedule 1
failed to vote and do not appear to have a sufficient reason for the 1
failure. 2
[12] Section 316 Position on ballot-paper 3
Omit "determined by a ballot conducted as prescribed by the regulations". 4
Insert instead "determined by a method of random selection (including by 5
electronic means) in accordance with the regulations". 6
[13] Schedule 8 Savings, transitional and other provisions consequent on 7
the enactment of other Acts 8
Insert at the end of clause 1 (1): 9
Local Government Amendment (Elections) Act 2012 10
[14] Dictionary 11
Omit the definition of closing date. Insert instead: 12
closing date, in relation to an election or poll, means the date 13
prescribed by the regulations for the closing of the roll of 14
non-resident owners of rateable land and the roll of occupiers and 15
ratepaying lessees for the election or poll. 16
[15] Dictionary 17
Omit the definition of marked roll. 18
Page 5
Local Government Amendment (Elections) Bill 2012
Schedule 2 Amendment of Local Government (General) Regulation 2005
Schedule 2 Amendment of Local Government 1
(General) Regulation 2005 2
[1] Clause 275 Definitions 3
Omit "or roll closing date" from the definition of closing date in 4
clause 275 (1). 5
[2] Clause 275 (1) 6
Insert in alphabetical order: 7
authorised copy of a roll, in relation to an election, means an 8
authorised copy of a roll referred to in section 301 (4) of the Act. 9
driver licence means a driver licence issued under the Road 10
Transport (Driver Licensing) Act 1998. 11
Photo Card means a New South Wales Photo Card issued by 12
Roads and Maritime Services under the Photo Card Act 2005. 13
provisional vote means a vote under Subdivision 1A of 14
Division 7. 15
[3] Clause 275 (1) 16
Omit the definitions of section 305 vote and tendered vote. 17
[4] Clauses 277A (2), 280 (3) and (5) and 315 (3), paragraph (a) of the 18
definition of "regulated period" in clause 356A (1) and clause 4 (a1) of 19
Schedule 10 20
Omit "roll closing date" wherever occurring. Insert instead "closing date". 21
[5] Clause 289 Nomination proposals 22
Insert "(at the closing date for the election)" after "enrolled" in 23
clause 289 (1) (a). 24
[6] Clause 302 25
Omit the clause. Insert instead: 26
302 Order of ungrouped candidates and groups on ballot-papers 27
If after noon on the nomination day there are two or more 28
candidates, not included in a group, for the election or two or 29
more groups of candidates for the election, the returning officer 30
must immediately determine the order of those candidates' 31
names or those groups' names on the ballot-papers by: 32
(a) a ballot in accordance with clause 303 or 304 (as 33
appropriate), or 34
Page 6
Local Government Amendment (Elections) Bill 2012
Amendment of Local Government (General) Regulation 2005 Schedule 2
(b) another method of random selection (including by 1
electronic means) approved by the relevant election 2
manager. 3
[7] Clause 303 Ballot for determining the order of ungrouped candidates on 4
ballot-papers 5
Omit "A ballot referred to in clause 302 (a)" from clause 303 (1). 6
Insert instead "A ballot to determine the order in which ungrouped candidates' 7
names are to appear on the ballot-papers, as referred to in clause 302,". 8
[8] Clause 304 Ballot for determining the order of groups of candidates on 9
ballot-papers 10
Omit "A ballot referred to in clause 302 (b)" from clause 304 (1). 11
Insert instead "A ballot to determine the order in which the names of groups 12
of candidates are to appear on the ballot-papers, as referred to in clause 302,". 13
[9] Clause 305 Form of ballot-papers 14
Omit "302 (a)" from clause 305 (3). Insert instead "302". 15
[10] Clause 305 (4) (b) and (d) 16
Omit "304 (1) (b)" and "304 (1) (a)", respectively. Insert instead "302". 17
[11] Part 11, Division 7, Subdivision 1A 18
Insert after clause 320: 19
Subdivision 1A Provisional voting 20
320A Person already marked off roll 21
(1) An elector, at a polling place in an area at any election, who is 22
recorded (on the authorised copy of the roll used at the polling 23
place) as having received a ballot-paper, but who claims not to 24
have received a ballot-paper, is to be permitted to vote at the 25
election. 26
(2) The elector is to be permitted to vote if the elector: 27
(a) answers the questions set out in clause 339 (4) in the 28
manner specified in clause 339 (5), and 29
(b) makes a declaration in the form approved by the Electoral 30
Commissioner before an election official at the polling 31
place. 32
Page 7
Local Government Amendment (Elections) Bill 2012
Schedule 2 Amendment of Local Government (General) Regulation 2005
320B Person omitted from roll 1
A person, at a polling place in an area at any election: 2
(a) who was enrolled for the area, and 3
(b) whose name was omitted from the roll of electors for the 4
area (for any reason), and 5
(c) who claims to be entitled to vote at the election, 6
is to be permitted to vote if the person makes a declaration in the 7
form approved by the Electoral Commissioner before an election 8
official at the polling place. 9
320C Person enrolling for first time, re-enrolling or transferring 10
enrolment 11
(1) A person, at a polling place in an area at any election, who is not 12
enrolled for the area (whether the person is enrolled for another 13
area or is not enrolled for any area), but who claims to be entitled 14
to enrol on the residential roll for the area, is to be permitted to 15
vote at the election. 16
(2) The person must: 17
(a) complete a claim for enrolment in the form approved by 18
the Electoral Commissioner and submit it to an election 19
official at the polling place, and 20
(b) provide to that election official as proof of identity a driver 21
licence or a Photo Card, and 22
(c) make a declaration in the form approved by the Electoral 23
Commissioner before that election official. 24
(3) The person is to be permitted to vote at the election if the election 25
official is satisfied that: 26
(a) the claim for enrolment has been properly completed, and 27
(b) the person is who the person claims to be, and 28
(c) the proof of identity provided shows that the person's 29
residence is the same as the place specified in the claim for 30
enrolment as the person's residence. 31
Note. If a person cannot produce a driver licence or a Photo Card, the 32
person will not be permitted to vote under this clause. 33
320D Person enrolled after closing date 34
A person, at a polling place in an area at any election, who is 35
enrolled for the area, but whose name does not appear on the 36
authorised copy of the roll at the polling place, is to be permitted 37
Page 8
Local Government Amendment (Elections) Bill 2012
Amendment of Local Government (General) Regulation 2005 Schedule 2
to vote if the person makes a declaration in the form approved by 1
the Electoral Commissioner before an election official. 2
Note. The Electoral Commissioner may enrol a person at any time, 3
including after the authorised copy of the roll for an election has been 4
printed. 5
320E Procedure for provisional voting 6
(1) A declaration required to be made under this Subdivision: 7
(a) is to be written or printed on an envelope, and 8
(b) may include a claim for enrolment or transfer of 9
enrolment. 10
(2) A person voting under this Subdivision, after making the required 11
declaration and receiving a ballot-paper, is to mark the 12
ballot-paper and fold it to conceal the vote marked on it and 13
return it folded to the polling place manager. 14
(3) The polling place manager on receiving the ballot-paper must, in 15
the presence of the person and of any scrutineers present, and 16
without unfolding the ballot-paper, enclose it in the envelope, 17
seal the envelope and put it in the ballot-box. 18
(4) The polling place managers are each to make a list of provisional 19
votes. Each polling place manager is to note on the list: 20
(a) the giving of a ballot-paper at the polling place where the 21
polling place manager is in charge to an elector who has 22
made a declaration under this Subdivision, and 23
(b) the number of such votes delivered or sent to the returning 24
officer from that polling place (or, if the polling place 25
manager is the returning officer, retained by him or her). 26
[12] Clause 339 Questions put to elector 27
Omit "section 305 of the Act" from clause 339 (7) (b). 28
Insert instead "Subdivision 1A of Division 7". 29
[13] Clause 340 Voting by elector with confidential address 30
Omit "section 305 votes" from clause 340 (5). 31
Insert instead "provisional votes". 32
[14] Clauses 343 and 344 33
Omit the clauses. 34
Page 9
Local Government Amendment (Elections) Bill 2012
Schedule 2 Amendment of Local Government (General) Regulation 2005
[15] Clause 348 Initial scrutiny of ballot-papers and counting of votes 1
Omit ", section 305 votes and tendered votes" from clause 348 (1) (d). 2
Insert instead "and provisional votes". 3
[16] Clause 349 Sending ballot-papers to returning officer 4
Omit ", the envelopes containing section 305 votes and the envelopes 5
containing tendered votes" from clause 349 (1) (b) (i). 6
Insert instead "and the envelopes containing provisional votes". 7
[17] Clause 349 (1) (b) (v) 8
Omit "section 305 votes and the list of tendered votes". 9
Insert instead "provisional votes". 10
[18] Clause 350 Checking of ballot-papers in sealed envelopes 11
Omit clause 350 (4)-(6). Insert instead: 12
(4) Provisional votes 13
The returning officer must: 14
(a) on election day (at any time after 8 am) produce all the 15
sealed envelopes containing provisional votes cast before 16
election day, and 17
(b) on the close of poll produce all the sealed envelopes 18
containing provisional votes cast on election day, 19
and deal with them in accordance with subclause (5). 20
(5) The returning officer is to do the following or have the following 21
done in relation to the envelopes referred to in subclause (4): 22
(a) count the sealed ballot-paper envelopes unopened and 23
record the count, 24
(b) examine the declaration on each envelope before it is 25
opened and, if necessary, make inquiries to determine 26
whether the person who signed the declaration was on the 27
day of polling: 28
(i) in relation to a declaration made under clause 29
320C--entitled to be enrolled on the residential roll 30
for the area or ward concerned, or 31
(ii) in any other case--entitled to vote, 32
Page 10
Local Government Amendment (Elections) Bill 2012
Amendment of Local Government (General) Regulation 2005 Schedule 2
(c) if the declaration is in order and the returning officer is 1
satisfied that the voter was, on the day of polling: 2
(i) in relation to a declaration made under clause 3
320C--entitled to be enrolled on the residential roll 4
for the area or ward concerned, or 5
(ii) in any other case--entitled to vote, 6
the returning officer is to open the envelope containing the 7
ballot-paper, extract the ballot-paper and, without 8
damaging the writing on the envelope, place the 9
ballot-paper still folded in a securely fastened ballot-box 10
for further scrutiny, 11
(d) if the declaration is not in order, or it appears to the 12
returning officer that the elector is not entitled to vote or 13
was, on the day of polling, not entitled to be enrolled on the 14
residential roll for the area or ward concerned, the 15
returning officer is to leave the envelope containing the 16
ballot-paper unopened, 17
(e) after dealing with all the envelopes and ballot-papers in 18
accordance with paragraphs (c) and (d), open the 19
ballot-box, take out the ballot-papers, unfold and scrutinise 20
them and reject the informal ones. 21
[19] Clause 351 Finalising the count 22
Omit "tendered votes and section 305 votes" from clause 351 (1) (a). 23
Insert instead "provisional votes". 24
[20] Clause 356OA 25
Insert before clause 356P: 26
356OA Definition 27
In this Subdivision, electoral material registrar means: 28
(a) in relation to an election administered by a general 29
manager of a council--the relevant returning officer, or 30
(b) in relation to an election administered by the Electoral 31
Commissioner--the Electoral Commissioner. 32
[21] Clause 356P Application for registration of electoral material 33
Omit "the election manager (in a form approved by the election manager)" 34
wherever occurring in clause 356P (1) and (7). 35
Insert instead "the electoral material registrar". 36
Page 11
Local Government Amendment (Elections) Bill 2012
Schedule 2 Amendment of Local Government (General) Regulation 2005
[22] Clauses 356P (6) and (8), 356Q (1)-(3) and (5), 356R (7) (b) and 356S (1) 1
Omit "election manager" wherever occurring. 2
Insert instead "electoral material registrar". 3
[23] Clause 356P (9) 4
Omit the subclause. Insert instead: 5
(9) Manner and form of application 6
An application under this clause: 7
(a) is to be in the form approved by: 8
(i) in relation to an election administered by a general 9
manager of a council--the Director-General, or 10
(ii) in relation to an election administered by the 11
Electoral Commissioner--the Electoral 12
Commissioner, and 13
(b) is to be signed by the applicant, and 14
(c) may be delivered or sent (by post or otherwise) or may be 15
transmitted by facsimile or email. 16
[24] Clause 356R Registration of electoral material 17
Omit "(in a form approved by the election manager)" from clause 356R (1). 18
[25] Clause 356R (2A) 19
Insert after clause 356R (2): 20
(2A) Form of certificate 21
A certificate of registration issued under this clause is to be in the 22
form approved by: 23
(a) in relation to an election administered by a general 24
manager of a council--the Director-General, or 25
(b) in relation to an election administered by the Electoral 26
Commissioner--the Electoral Commissioner. 27
[26] Clause 356R (4) 28
Omit "the Electoral Commissioner or by a person authorised by the election 29
manager". 30
Insert instead "the electoral material registrar". 31
[27] Clause 390 Check on double-voting and failure to vote 32
Omit the clause. 33
Page 12
Local Government Amendment (Elections) Bill 2012
Amendment of Local Government (General) Regulation 2005 Schedule 2
[28] Clause 391 Security of election materials 1
Insert "(other than any provisional vote envelopes required to be sent to the 2
Electoral Commissioner under clause 391A)" after "other papers" in 3
clause 391 (1) (c). 4
[29] Clause 391A 5
Insert after clause 391: 6
391A Provisional voting envelopes 7
(1) This clause applies to any envelope used for a provisional vote at 8
an election administered by a general manager of a council. 9
(2) The returning officer, after the election has been declared, is to: 10
(a) make a copy of the declarations on the envelopes (whether 11
by photographing, photocopying or scanning the 12
declaration), and 13
(b) send the original envelopes to the Electoral Commissioner. 14
(3) The Electoral Commissioner may use the information contained 15
in any envelope sent to the Electoral Commissioner under this 16
clause, and any envelope in the possession of a returning officer 17
for an election administered by the Electoral Commissioner, for 18
the purposes of updating and maintaining electoral rolls (whether 19
under the Act or any other law). 20
(4) The Electoral Commissioner must ensure that any envelopes sent 21
to the Electoral Commissioner under this clause are kept securely 22
until the latest of the following: 23
(a) the period of 6 months after the relevant day of polling has 24
expired, 25
(b) if proceedings in a court or tribunal relating to the election 26
concerned have been commenced within that period--the 27
proceedings have been finally determined. 28
(5) On the expiry of the Electoral Commissioner's obligation under 29
subclause (4), the Electoral Commissioner may cause the 30
envelopes to be destroyed. 31
Page 13
Local Government Amendment (Elections) Bill 2012
Schedule 2 Amendment of Local Government (General) Regulation 2005
[30] Clause 392A Section 305 votes--prescribed form of declaration 1
Omit the clause. 2
[31] Schedule 11 Forms 3
Omit Form 11. 4
Page 14
[Index] [Search] [Download] [Related Items] [Help]