New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 4

4 Definitions

(1) In this Act--

"abbreviation" , in relation to the name of a party, includes an alternative name of the party.

"address" , of an individual--see subsection (3).

"approved" means approved by the Electoral Commissioner.

"Assembly" means the Legislative Assembly of New South Wales.

"Assembly general election" means the election held for members of the Assembly next following the dissolution or expiry of the Assembly.

"authorised roll" , for an election, means the roll prepared for the election under Division 6 of Part 5.

"ballot counting place" means a place appointed by the Electoral Commissioner for the counting of ballot papers under section 163.

"by-election" means an election held for the return of a member of the Assembly other than in connection with an Assembly general election.

"child protection declaration" means a child protection declaration made under Division 4 of Part 7.

"close of voting" means 6 pm on election day (or on any day to which the conduct of an election has been adjourned).

"Commonwealth Act" means the Commonwealth Electoral Act 1918 of the Commonwealth.

"Council" means the Legislative Council of New South Wales.

"declaration vote" means a vote cast in accordance with Division 9 of Part 7.

"declared facility" --see section 117.

"display" a poster or electoral material includes exhibit or post up the poster or electoral material, and
"publicly display" means display, as so defined, within or within view of a public place.

"driver licence" means a driver licence issued under the Road Transport Act 2013 .

"early voting centre" means a voting centre designated by the Electoral Commissioner under section 108 (4) (a) to be an early voting centre for the purpose of an election.

"election" means an election of any member or members of the Assembly or a periodic Council election.

"election day" , in relation to an election, means the day specified in the writ for the election as the day for the taking of the poll for the election.

"election manager" means a person appointed as an election manager under section 81 (3).

"election official" means a person appointed as an election official under section 81 (1).

"elector" means any person entitled to vote at an election under Part 4.

"Electoral Commission" means the New South Wales Electoral Commission constituted by section 8.

"Electoral Commissioner" means the Electoral Commissioner appointed under section 11.

"electoral district" or
"district" means a district for the election of a member to serve in the Assembly.

"Electoral Information Register" means the register kept and maintained by the Electoral Commissioner under Division 4 of Part 5.

"electoral material" means any thing, including without limitation a how-to-vote card, poster or advertisement, containing electoral matter (whether in a tangible or an electronic form).

"electoral matter" means--

(a) any matter that is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held or that is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any election, or

(b) the name of a candidate at any election, the name of the party of any such candidate, the name or address of the headquarters or campaign office of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter that purports to depict any such candidate or to be a likeness or representation of any such candidate.

"electoral paper" includes any written claim or application, any approved form and any prescribed form under this Act.

"eligible overseas elector" means an elector under this Act who is also enrolled under section 94, 94A or 95 of the Commonwealth Act.

"enrolled" means enrolled by the Electoral Commissioner under Part 5.

Note : Under this Act there is no permanent roll of electors. However--

(a) the person's name and enrolment details will be recorded in the Electoral Information Register maintained under this Act--see Division 4 (Electoral Information Register) of Part 5 (Enrolment procedures and information), and

(b) the person's name will appear on an authorised roll prepared for a particular election and on other lists of electors prepared under this Act--see Division 6 (Authorised rolls) of Part 5 (Enrolment procedures and information).

"enrolled address" means the address for which an elector is enrolled.

"enrolment details" , in relation to an elector, means the particulars included in the Electoral Information Register in relation to the elector.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"general election" means an Assembly general election and a periodic Council election held or to be held concurrently.

"group" means a group of candidates constituted in accordance with clause 3 of the Sixth Schedule to the Constitution Act 1902 for a periodic Council election.

"group voting square" means a square printed on a ballot paper for a periodic Council election above the names of the candidates included in a group who have requested under section 86 (2) a group voting square for the purposes of the election.

"hospital" includes a convalescent home and any facility similar to a hospital or convalescent home.

"how-to-vote card" means any card, handbill, pamphlet or notice having any voting directions within it, whether or not it contains--

(a) any representation or partial representation of a ballot paper or portion of a ballot paper, or

(b) any representation or partial representation apparently intended to represent a ballot paper or portion of a ballot paper.

"itinerant elector" means an elector under this Act who is also enrolled under section 96 of the Commonwealth Act.

"joint owner" of premises or property means one of 2 or more persons who own the premises or property jointly, whether as joint tenants or tenants in common or otherwise.

"legislature" means the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory.

"local government election" means an election under the Local Government Act 1993 for the office of councillor or mayor under that Act (other than an election of mayor by councillors).

"member" means a member of the Assembly or member of the Council.

"nomination day" , in relation to an election, means the day specified in the writ for the election as the nomination day.

"party" means a body or organisation, incorporated or unincorporated, having as one of its objects or activities the promotion of the election to the Assembly or the Council of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part.

"periodic Council election" has the same meaning as it has in section 3 of the Constitution Act 1902 .

"Photo Card" means a New South Wales Photo Card issued by Transport for NSW under the Photo Card Act 2005 .

"poster" means any electoral matter printed, drawn or depicted on any material and if any electoral matter is printed, drawn or depicted in sections, those sections, severally and collectively, are taken to be a poster.

"premises" includes any structure, building, vehicle or vessel or any place, whether built on or not, and any part of it.

"President" means the President of the Council.

"Redistribution Panel" means the Electoral Districts Redistribution Panel established under Division 1 of Part 3.

"Register of Parties" --see section 58.

"registered early voter" means an elector who--

(a) has been granted registered early voter status under section 37, or

(b) is taken to be a registered early voter under that section.

"registered early voter (postal)" means a registered early voter belonging to the registered early voter (postal) class under section 37.

"registered early voter (technology assisted voting)" means a registered early voter belonging to the registered early voter (technology assisted voting) class under section 37.

"registered officer" of a registered party means the person shown in the Register of Parties under Part 6 as the registered officer of the party, and (except in Part 6) includes a person shown in that Register as a deputy registered officer of the party.

"registered party" means a party registered in accordance with Part 6.

"regulated period" for an election--

(a) means the period starting on the date of the issue of the writ for the election and ending at 6 pm on election day, and

(b) in the case where an election is adjourned, includes the period starting on the original election day and ending at 6 pm on the day to which voting for the election is adjourned.

"residence" --see section 5.

"silent elector" means an elector--

(a) whose address is required by operation of section 36 to be omitted from any authorised roll or list of electors, or

(b) is taken to be a silent elector under that section.

"Speaker" means the Speaker of the Assembly.

"State election" means an Assembly general election, a periodic Council election or a by-election for the Assembly.

"Surveyor-General" means the person employed in the Public Service as the Surveyor-General.

"voting centre" means a place appointed by the Electoral Commissioner under section 108 to be a voting centre for the purpose of taking the poll at an election (and includes an early voting centre).

"voting centre manager" means a person appointed as a voting centre manager under section 81 (4).

"voting directions" means directions or suggestions (whether express or implied) in relation to the casting of votes.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Meaning of "enrolled for the district" For the purposes of this Act, an elector is
"enrolled for the district" that contains the enrolled address of the elector. However, if the elector is an eligible overseas elector or itinerant elector, an elector is
"enrolled for the district" that contains the Subdivision for which the elector is enrolled under the Commonwealth Act.

(3) Address of an individual The
"address" of an individual means--

(a) for the purposes of sections 186- 188 and 200, an address, including a full street address and suburb or locality, that is located in Australia and at which the individual can usually be contacted during the day, but does not include a post office box, and

(b) in any other case, the residential address of the individual.