New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) Any such provision has effect despite anything to the contrary in this Schedule.
(5) The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
In this
Part--
"former Act" means the Parliamentary Electorates and Elections Act 1912 as in
force immediately before its repeal by this Act.
(1) The Electoral Commission under this Act is taken to be the continuation of the Electoral Commission under the former Act immediately before the commencement of this clause.
(2) The persons holding office as members of the Electoral Commission under section 21B (1) (a) and (c) of the former Act immediately before the commencement of this clause are taken to have been appointed under section 9 (1) (a) and (c) of this Act, respectively, for the balance of those persons' terms of office under the former Act.
(3) A person holding office as a deputy of an appointed member of the Electoral Commission under clause 5 of Schedule 21A to the former Act immediately before the commencement of this clause is taken to have been appointed as deputy of that appointed member under clause 5 of Schedule 1 to this Act.
(1) The person holding office as the Electoral Commissioner under the former Act immediately before the commencement of this clause is taken to have been appointed as the Electoral Commissioner under this Act for the balance of the Electoral Commissioner's term of office under the former Act.
(2) That person is eligible for re-appointment as the Electoral Commissioner as if the person's appointment under subclause (1) were his or her first appointment. This subclause has effect despite anything to the contrary in Schedule 2 to this Act, including clause 2 (2) of that Schedule.
A request made by a person under section 31 of the former Act (Silent electors: request for address not to be shown on roll) that has not been finally determined on the commencement of this clause is taken to be a request under section 36 of this Act.
Any arrangement made by the Governor and the Governor-General of the Commonwealth under section 49 of the former Act that is in force immediately before the commencement of this clause is taken to be an arrangement made under section 56 of this Act.
Any delegation of a function under the former Act and in force immediately before the repeal of the former Act is taken to be a delegation of a comparable function under this Act.
(1) Each register under the former Act (an
"existing register" ) is taken to be the register for the purposes of this Act (a
"corresponding register" ).
(2) An existing register that becomes a corresponding register by operation of this clause may continue to include information that was recorded for the purposes of the former Act for which the register was maintained.
(3) Without limiting any other provision of this Act, the Electoral Commission or the Electoral Commissioner, as the case requires, may update or correct information recorded in an existing register that becomes a corresponding register to reflect changes resulting from the commencement of provisions of this Act.
(1) A party that was, immediately before the commencement of this Act, a registered party under the former Act is taken to be a registered party under this Act that was registered on its date of registration under the former Act.
(2) A party that is taken to be a registered party under subclause (1) and that does not have a written constitution must, within 12 months of the commencement of this Act (the
"transition period" ), adopt a written constitution.
(3) The Electoral Commission may, after the expiry of the transition period, cancel the registration of such a registered party if the Electoral Commission is satisfied on reasonable grounds that party does not have a written constitution.
(4) Section 68 (4) extends to a cancellation of registration under this clause.
Section 63 (6) does not apply in relation to a party registered before the commencement of that subsection.
A reference in any other Act or instrument to the Electoral Commission constituted, or the Electoral Commissioner appointed, under the former Act is to be read as a reference to the Electoral Commission constituted, or the Electoral Commissioner appointed, under this Act, as the case requires.
(1) Subject to this Part and the regulations, anything done under or for the purposes of a provision of the former Act is, to the extent that the thing has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision (if any) of this Act.
(2) Without limiting subclause (1), the exercise of a function by the Electoral Commissioner under or for the purposes of a provision of the former Act that is a function of the Electoral Commission under this Act is taken to have been done by the Electoral Commission under or for the purposes of the corresponding provision of this Act.
The reference in the definition of
"relevant apprehended violence order" in section 94 (1) to sexual touching or
a sexual act is taken, in a reference to any order made before the amendment
of that definition by the Criminal Legislation Amendment (Child Sexual Abuse)
Act 2018 , to include a reference to an act of indecency.
(1) Technology assisted voting under the Act, Part 7, Division 11, other than telephone voting permitted under this clause, must not be used at--(a) the 2023 general election, or(b) a by-election held during the period after the commencement of this clause and before the 2023 general election.
(2) Telephone voting by electors who are blind or have low vision is permitted.
(3) The regulations may authorise the Electoral Commissioner to determine that telephone voting by COVID-19 affected electors is permitted.
(4) Despite subclauses (1)-(3), the Electoral Commissioner may, at any time, determine that telephone voting is not permitted at a specified election, or during a specified period during an election, by either or both of the following--(a) electors who are blind or have low vision,(b) COVID-19 affected electors.
(5) A determination under subclause (3) or (4) must be in writing and published on the Electoral Commission's website.
(6) An election is taken not to have failed, and the results of an election are not invalid, merely because telephone voting permitted by this clause was not available during a period when telephone voting was permitted under this clause.
(7) In this clause--
"COVID-19 affected elector" means an elector who is self-isolating in accordance with--(a) a public health order under the Public Health Act 2010 for COVID-19 related reasons, or(b) a current guidance document, relating to self-isolation for COVID-19 related reasons, issued by the Chief Health Officer and published on the website of the Ministry of Health.
(1) The Electoral Commissioner may determine that postal voting at one or more of the following elections must be conducted under the Act, Part 7, Division 10 as modified by Schedule 8--(a) the 2023 general election,(b) a by-election held after March 2023 and before the 2027 general election.
(2) A determination under subclause (1) must be--(a) made--(i) for the 2023 general election--at least 60 days before the general election, or(ii) for a by-election--within 1 business day of the nomination day for the by-election, and(b) in writing, and(c) published on the Electoral Commission's website.
(3) If a determination has been made under this clause, postal voting at the election concerned must be conducted under the Act, Part 7, Division 10 as modified by Schedule 8.
(1) This clause applies to the 2023 general election.
(2) Despite section 108, the Electoral Commissioner may, if the Electoral Commissioner is satisfied it would enhance the convenience of a large number of electors--(a) appoint a place outside Australia as a voting centre for all electoral districts, and(b) designate the voting centre as an early voting centre, and(c) determine the days and hours of operation of the early voting centre, including whether voting will occur at the early voting centre on election day.
(3) The Electoral Commissioner may abolish a voting centre appointed under this clause.
(4) The Electoral Commissioner must publish notice of the following on the Electoral Commission's website at a time determined by the Electoral Commissioner--(a) an appointment, designation or determination under subclause (2),(b) an abolition of a voting centre under subclause (3).
(5) Despite Part 7, only voting under sections 135 and 136 is permitted to take place at a voting centre appointed under this clause.
(6) For this clause--(a) despite section 81(1) and (2), the Electoral Commissioner may appoint a person, who the Electoral Commissioner considers has the appropriate skills and experience, as an election official for a voting centre appointed under this clause, and(b) a reference in section 135 or 136 to an elector at a voting centre that is not designated for the electoral district for which the elector claims to be enrolled is taken to be a reference to an elector at a voting centre appointed under this clause.
(1) The amendments made by the Electoral Legislation Amendment Act 2022 , Schedule 2 do not apply in relation to a local government election until a date prescribed by the regulations for the purposes of this clause.
(2) To avoid doubt, the reference in the Local Government Act 1993 , section 320(2) to the "procedure applicable under Part 6 of the Electoral Act 2017 " does not include a procedure relating to a registered logo of a party until the prescribed date.