New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 10

10 Functions of Electoral Commission

(1) The Electoral Commission has the functions conferred or imposed on it by or under the following--

(a) this Act,

(b) the Electoral Funding Act 2018 ,

(c) the Lobbying of Government Officials Act 2011 ,

(d) the Local Government Act 1993 ,

(e) any other Act.

Note : Under the Electoral Funding Act 2018 , the Electoral Commission has the function of administering the election funding, expenditure and disclosure scheme under that Act and registering electoral participants for the purposes of that scheme. Under the Lobbying of Government Officials Act 2011 , the Electoral Commission has the function of maintaining the Register of Third-Party Lobbyists and Lobbyists Watch List, and of the enforcement of obligations relating to lobbying.

(2) The Electoral Commission may--

(a) provide assistance for the conduct of elections by the Electoral Commissioner under this or any other Act, and

(b) institute proceedings for offences under the following Acts--

(i) this Act,

(ii) the Electoral Funding Act 2018 ,

(iii) the Lobbying of Government Officials Act 2011 ,

(iv) the Local Government Act 1993 (but only in connection with the conduct of a local government election), and

(c) make applications to the Supreme Court for injunctions, declarations or other orders within the jurisdiction of the Court for the purpose of ensuring compliance with the following--

(i) this Act,

(ii) the Electoral Funding Act 2018 ,

(iii) the Lobbying of Government Officials Act 2011 ,

(iv) the Local Government Act 1993 (but only in connection with the conduct of a local government election), and

(d) conduct and promote research into electoral matters and other matters that relate to its functions, and publish the results of any such research, and

(e) promote public awareness of electoral matters that are in the general public interest by means of education and information programs.

(3) It is the duty of the Electoral Commission to exercise its functions under this or any other Act in a manner that is not unfairly biased against or in favour of any particular parties, groups, candidates or other persons, bodies or organisations.

(4) The Electoral Commission is not subject to the control or direction of the Minister in the exercise of its functions.