New South Wales Consolidated Acts

ELECTORAL FUNDING ACT 2018 - SECT 31A

31A Meaning of "number of enrolled electors for local government area or ward"

(1) For the purposes of section 31, the
"number of enrolled electors for a local government area or ward" for an election for a local government area or ward is the number determined by the Electoral Commissioner in accordance with this section.

(2) Timing of determination The Electoral Commissioner is to make the determination as soon as is reasonably practicable after the following date in relation to an election for a local government area or ward--

(a) in the case of an ordinary election of councillors under section 287(1) of the Local Government Act 1993 and any election of a mayor by the electors held on the same day--the date that is 12 months before the election day for the election,

(b) in relation to any other election--the date that the election day for the election is first determined or specified by proclamation.

(3) "Relevant date" for determination The
"relevant date" for an election for a local government area or ward is--

(a) in the case of an ordinary election of councillors under section 287(1) of the Local Government Act 1993 and any election of a mayor by the electors held on the same day--the date that is 12 months before the election day for the election, or

(b) in relation to any other election--

(i) the date of the previous general election for the local government area concerned, or

(ii) if no general election for the local government area concerned has previously been held--the date that the election day for the election is first specified by proclamation.

(4) The
"number of enrolled electors for a local government area" for an election is the sum of the following as at the relevant date--

(a) the number of electors on the residential roll for the area,

(b) the number of electors on the non-residential roll and the roll of occupiers and ratepaying lessees for the area who must vote at the election if the election is contested.

Note--: See section 286 of the Local Government Act 1993 and section 22 of the City of Sydney Act 1988 regarding compulsory voting at local government elections.

(5) The
"number of enrolled electors for a ward" for an election is to be determined as follows--

(a) the sum of the following for each ward in the local government area concerned as at the relevant date is to be calculated--

(i) the number of electors on the residential roll for the ward,

(ii) the number of electors on the non-residential roll and the roll of occupiers and ratepaying lessees for the ward who must vote at the election if the election is contested,

Note--: See section 286 of the Local Government Act 1993 and section 22 of the City of Sydney Act 1988 regarding compulsory voting at local government elections.

(b) the number of enrolled electors for each ward in that local government area is the highest number calculated under paragraph (a).

(6) The general manager of a local council is, on request, to provide the Electoral Commissioner with the latest copy of the non-residential roll and of the roll of occupiers and ratepaying lessees for the purposes of this section.

(7) Electoral Commission to publish number of enrolled electors for elections The Electoral Commission must, before the commencement of the capped local government expenditure period for an election for a local government area or ward, publish on its website the following information in relation to the election--

(a) the number of enrolled electors for the local government area or ward determined in accordance with this section,

(b) the corresponding applicable caps that apply to the local government area or ward.

(8) Electoral Commission to notify candidates of number of enrolled electors for elections The Electoral Commission, as soon as is reasonably practicable after the later of the following occurs--

(a) the registration of a person as a candidate on a Local Government Register of Candidates for an election under Part 7,

(b) the determination of a number of enrolled electors at the election for a local government area or ward for which a person is registered as a candidate,

is to provide the person with the following information in relation to the election--

(c) the number of enrolled electors for the local government area or ward determined in accordance with this section,

(d) the corresponding applicable caps that apply to the local government area or ward.

(9) Regulations may deal with determinations and redeterminations in certain circumstances The regulations may deal with the following--

(a) failures by general managers of local councils to comply with requests for copies of rolls under this section,

(b) the redetermination of the number of enrolled electors for a local government area or ward if the local council concerned divides its area into wards, abolishes all its wards, changes its number of wards or alters its ward boundaries,

(c) the provision of information to the Electoral Commissioner by general managers of local councils,

(d) the determination or redetermination of the number of enrolled electors for a local government area or ward for an election if the election is delayed or postponed (including, without limitation, a delay or postponement of an election under section 288 or Part 6A of Chapter 10 of the Local Government Act 1993 ).