ELECTORAL ACT 2004

Northern Territory Consolidated Acts

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ELECTORAL ACT 2004

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY MATTERS

1. Short title
2. Commencement

PART 2--INTERPRETATION AND APPLICATION

3. Definitions
3A. Meaning of gift
4. Election and general election
5. Public notice
6. Available for public inspection
7. Electoral matter
8. Closed roll
8A. Application of Criminal Code

PART 3--CONSTITUTION OF LEGISLATIVE ASSEMBLY

9. Number of MLAs

PART 4--ELECTORAL ROLLS AND ENROLMENT

Division 1--Electoral rolls

10. Commission to keep rolls
11. Contents of roll
12. Roll extracts to be available for public inspection
13. Supply of roll extract to MLA and registered party
14. Use of roll extracts
15. Providing roll information to certain entities for medical research and health screening programs
16. Providing roll information to Sheriff
16A. Roll information not for sale
17. Maintenance of rolls
18. Power to require information
19. Disclosure of roll information
20. Arrangement with Commonwealth for keeping rolls

Division 2--Enrolment

21. Entitlement
22. Claim for, or transfer of, enrolment

PART 5--TIMING AND ARRANGEMENTS FOR ELECTIONS

Division 1--Timing of elections

23. Determining date for holding general election other than extraordinary general election
24. Extraordinary general election – motion of no confidence
25. Extraordinary general election – non-passing of appropriation Bill
26. Criteria for deciding whether to issue writs
26A. Determining alternative date if Commonwealth election

Division 2--Writs for elections

27. Form of writ
28. Limitation of dates
29. Endorsement of writ

Division 3--Nominations

30. Eligibility
31. Nomination of candidate
32. Nomination form
33. Nomination in one division only
34. Time for lodging nomination
35. Withdrawal of consent to nomination etc.
36. Rejection of nomination
37. Declaration of candidates
38. Need for vote
39. Nomination deposit to be returned or forfeited

Division 4--Ballot papers

40. Requirements for ballot papers
41. Determination of order of candidates names

Division 5--Miscellaneous provisions

42. Early voting centres, voting centres and scrutiny centres
43. Limit on appointment of licensed premises as voting centre
44. Certified lists of voters
45. Administrative arrangements
46. Scrutineers – appointment
47. Scrutineers – presence at voting centre and scrutiny centre

PART 6--VOTING

Division 1--Entitlement to vote and other preliminary matters

48. Entitlement to vote
49. Procedure for voting
50. Method of voting
51. Voter's question
51A. How-to-vote cards

Division 2--Ordinary voting at voting centre on election day

52. Issue of ballot paper
53. Voting in private

Division 3--Absent and declaration voting on election day at voting centres

Subdivision 1--Voting by certain persons absent from division

54. Issue of ballot paper
55. Casting vote

Subdivision 2--Declaration voting

56. Issue of declaration ballot paper
57. Casting declaration vote

Division 4--Postal voting

Subdivision 1--Registered postal voters

58. Register of postal voters
59. Registered postal voters taken to have applied for postal voting papers

Subdivision 2--Applications for, and issue of, postal voting papers

60. Who may apply for postal voting papers
61. Application for postal voting papers
62. Issue of postal voting papers
63. Authorised officer to record applications
64. Applications to be available for public inspection

Subdivision 3--Casting postal vote

65. Procedure for postal voting
66. When postal vote may be cast
67. Casting postal vote

Division 5--Early voting

Subdivision 1--Preliminary

68. Application of Division
69. Arrangements for voting
70. Public notice of arrangements

Subdivision 2--Voting by electors

71. Issue of ballot paper
72. Casting vote

Subdivision 3--Declaration voting

73. Issue of declaration ballot paper
74. Casting declaration vote

Subdivision 4--Dealing with ballot boxes

75. Ballot boxes at early voting centres in Territory
76. Ballot boxes at early voting centres outside Territory

Division 6--Mobile polling

77. Application of Division
78. Mobile voting centres
82. Obligations of authorised officer
83. Application of Act for voting at mobile voting centre
84. Failure to visit mobile voting centre
85. Dealing with ballot boxes

Division 6A--Approved electronic and other automated systems for voting

85A. Commissioner's power to approve electronic or other automated system

Division 7--Miscellaneous provisions

86. Arrangements at voting centres
87. Assistance to certain voters
88. Assistance to voters unable to enter voting centre
89. Spoilt or discarded ballot paper
90. Dealing with ballot boxes and electoral papers
91. Adjournment of voting
92. Employee wishing to vote

PART 7--THE SCRUTINY

Division 1--Preliminary

93. How scrutiny carried out

Division 2--Formality of ballot papers and related matters

94. Informal ballot paper
95. Certain ballot papers not counted
96. Certain postal ballot papers not counted
97. Dealing with certain votes for absent voters

Division 3--Ordinary votes

98. Initial dealing with ballot papers
99. Check count of ordinary votes

Division 4--Certain votes cast on election day and declaration votes cast by unenrolled voters at early voting centres

Subdivision 1--Preliminary

100. Application of Division
101. Initial dealing with certain voting papers

Subdivision 2--Votes cast by certain persons absent from division

102. Application of Subdivision
103. Examination of ballot papers

Subdivision 3--Declaration votes cast by unenrolled voters

104. Application of Subdivision
105. Examination of declaration ballot papers

Subdivision 4--Declaration votes cast by voters marked on roll as already voted

106. Application of Subdivision
107. Examination of declaration ballot papers

Subdivision 5--Counting declaration and absent votes

108. Initial count of votes
109. Check count of votes

Division 5--Postal votes

Subdivision 1--Dealing with postal voting papers before the end of election day

110. Receipt of postal voting papers
111. Checking postal voting papers

Subdivision 2--Scrutiny of postal voting papers

112. Initial dealing with postal voting papers after close of voting
113. Initial count of postal votes
114. Check count of postal votes

Division 6--Votes cast at early voting centres

Subdivision 1--Preliminary

115. Application of Division
116. Initial dealing with ballot boxes

Subdivision 2--Votes cast for enrolled divisions at early voting centres

117. Application of Subdivision
118. Initial count of votes

Subdivision 3--Votes cast for divisions in other regions at early voting centres

119. Application of Subdivision
120. Examination of ballot papers
121. Initial count of votes

Subdivision 4--Check count of certain votes cast at early voting centres

122. Check count of votes

Division 7--Determining and declaring result of election

123. Interim distribution of preference votes
124. Part counting of votes
125. Objections by candidate's scrutineer
126. Determination of first preference votes
127. Declaration of election
128. Further scrutiny to be conducted
129. Early declaration of elected candidate
130. Recount
131. Declaration of result of election
132. Preference distribution for information purposes

Division 8--Miscellaneous provisions

133. Return of writ
134. Extension of time
135. Failure of election
136. Issue of writ for failed election

PART 8--REDISTRIBUTIONS

Division 1--Preliminary

137. How notices are to be published
138. When redistribution to be conducted

Division 2--Object of redistribution and related matters

139. Object of redistribution
139A. Principles of redistribution
139B. Naming of division during redistribution
140. Matters to be considered in redistribution

Division 3--Redistribution process

140A. Definitions
140B. Calculation of quota
141. Inviting suggestions
142. Inviting comments on suggestions
143. Preparing first proposed redistribution
144. Maps showing first proposed redistribution
145. Inviting objections against first proposed redistribution
145A. Preparing second proposed redistribution
145B. Inviting objections to second proposed redistribution
146. Considering objections
147. Deciding redistribution
148. Report about redistribution
150. When redistribution takes effect
150A. Extraordinary general election during redistribution process

Division 4--Miscellaneous provisions

151. Decisions are final

PART 9--REGISTRATION OF POLITICAL PARTIES

Division 1--Application process for registration and related matters

152. Application
153. Further information about application
154. Notification and publication of application
155. Objections to application and responses
156. Decision on application
157. Grant of application
158. Refusal of application
159. Amendment of application

Division 2--Cancellation of registration

160. Cancellation on application
161. When Commission must cancel registration
162. Notice of proposal to cancel registration
163. Notice of decision not to cancel registration
164. Cancellation of registration
165. Notice of cancellation
166. Use of name after cancellation

Division 3--Register of political parties

167. Commission to keep register
168. Register to be available for public inspection
169. Changes to particulars in register

Division 4--Miscellaneous provisions

170. Who can be registered officer
171. Constitution to be available for public inspection
171A. Annual return for registered political party
172. Notification of change to constitution
173. Review of registration of political parties
174. Information about political parties
175. No action under Part during election period

PART 9A--REGISTRATION OF ASSOCIATED ENTITIES AND THIRD PARTY CAMPAIGNERS

Division 1--Application process for registration and related matters

175A. Application
175B. Deadline for lodging application
175C. Further information about application
175D. Decision on application
175E. Grant of application
175F. Refusal of application
175G. Amendment of application

Division 2--Cancellation of registration

175H. Cancellation on application
175J. Cancellation for non-compliance
175K. Cancellation of registration

Division 3--Registers

175L. Commission to keep register of associated entities
175M. Commission to keep register of third party campaigners
175N. Register to be available for public inspection
175P. Changes to particulars in registers
175Q. Process for variation
175R. Offences

PART 10--DONATIONS AND EXPENDITURE

Division 1--Preliminary matters

175S. Purposes
176. Definitions
176A. Meaning of electoral expenditure
177. References to registered party
178. References to things done by registered party
179. Gifts – determination of amounts
180. Related bodies corporate
181. Advertisements containing electoral matter
183. Campaign committee to be treated as part of party

Division 2--Reporting agents

184. Appointment of reporting agent
185. Non-appointed agents
186. Register of reporting agents
187. Effect of registration etc.
188. Notice of death or resignation of candidate's reporting agent

Division 3--Disclosure of donations

189. Definition
190. Loans to registered party or candidate
191. Disclosure of gifts – general election other than extraordinary general election
192. Disclosure of gifts – other elections
192A. Period covered by return extended if first return
192B. Additional disclosure requirement for nominees who were not previously candidates
192C. Additional disclosure requirement for associated entities and third party campaigner on registration
192D. Content of return
192E. Gift aggregation periods
193. Donations to candidates
194. Donations to registered parties
196. Advice about obligations to make returns – registered parties
196A. Advice about obligations to make returns – candidates
197. Anonymous gifts
198. Nil returns

Division 4--Electoral expenditure

Subdivision 1--Preliminary matters

199. Meaning of participant

Subdivision 2--Disclosure

200. Returns of electoral expenditure
201. Nil returns
203. Two or more elections on same day

Subdivision 3--Cap on electoral expenditure

203A. Capped expenditure period
203B. Applicable caps on electoral expenditure
203C. Offence to contravene expenditure cap
203D. Offence to circumvent expenditure cap

Division 5--Annual returns

204. Definition
204A. Certain returns not to include donations previously reported
205. Annual returns by registered parties
205A. Annual return by registered parties – gifts
206. Periods of less than financial year
207. Annual returns by candidates – gifts
208. Annual returns by associated entities
209. Annual returns by associated entities – gifts
210. Amounts received
211. Outstanding amounts
212. Returns not to include lists of party membership
213. Regulations

Division 5A--Territory campaign accounts

213A. Requirement to keep Territory campaign account
213B. Gifts to be paid into Territory campaign account
213C. Payments into Territory campaign account
213D. Territory campaign account to be used for electoral expenditure
213E. Offence

Division 6--Compliance

214. Definitions
215. Offences
216. Investigation notices generally
217. Investigation notices about associated entities
218. Investigation notice offences
219. Investigation – search warrants
220. Records

Division 7--Miscellaneous provisions

221. Inability to complete returns
222. Non-compliance with Part
223. Amendment of returns
224. Commission to publish returns

PART 11--APPEALS

Division 1--Preliminary

225. Appealable decisions and affected persons
226. Information notices
227. Appeal details

Division 2--Appeals to Supreme Court

228. Appeals against appealable decisions
229. How to start appeal
230. Operation and implementation of appealable decision
231. Decision on appeal

PART 12--COURT OF DISPUTED RETURNS, DISPUTED ELECTIONS AND REFERENCES BY LEGISLATIVE ASSEMBLY

Division 1--Court of Disputed Returns

232. Establishment
233. Constitution
234. Jurisdiction
235. Record of proceedings

Division 2--Disputed elections

236. Validity of election may be disputed after election
237. Who may dispute election
238. Making application
239. Lodgment of security for costs
240. Notice of application
241. Parties to proceeding
242. Reply to application
243. Inquiries by Court
244. Certain evidence not admissible
245. Court may have regard to certain rejected ballot papers
246. Decision on application
247. Costs
248. Application of security for costs
249. Reporting of offences
250. Copy of decision and declaration to be given to Clerk of Legislative Assembly
251. Issue of writ if necessary

Division 3--References by Legislative Assembly

252. Question relating to qualification or vacancy
253. Parties to proceeding
254. Decision on reference
255. Copy of decision and declaration to be given to Speaker

Division 4--Hearings of applications and references

256. Application of Division
257. Hearing procedures
258. General powers of Court
259. Hearing open to public
260. Representation at hearing
261. Contempt
262. Decision final

Division 5--Miscellaneous provisions

263. Rules of Court

PART 13--ELECTORAL OFFENCES AND LEGAL PROCEEDINGS

Division 1--Electoral offences

Subdivision 1--Protection of election rights and duties

264. Interfering with election right or duty
265. Making false statements about entitlement to vote
266. Improperly influencing voters
267. Secrecy of vote

Subdivision 2--Campaigning offences

268. Definitions
268A. Meaning of campaign material
269. Application of Division
270. Offences relating to campaign material
271. Offence relating to push-polling
272. Heading of advertisements
273. Electoral articles to be signed or state particulars of author
274. Exemptions for distribution of electoral articles
276. Badges, emblems etc. in voting centres
277. Exhibition of electoral matter in voting centres
278. Publication of statements regarding candidates

Subdivision 3--Offences relating to compulsory voting and entitlement to vote

279. Compulsory vote
280. Person may vote only once

Subdivision 4--Voting fraud offences

281. Offences relating to supplying and obtaining ballot papers
282. Offences relating to marking ballot papers
283. Other offences relating to ballot papers and ballot boxes
284. Forgery

Subdivision 5--Other offences relating to electoral papers

285. Offences relating to postal ballot papers
286. Opening envelopes containing declaration votes
287. False or misleading statements
288. Defacement etc. of electoral papers
289. Signatures
290. Duty of witnesses
291. Sending completed electoral papers

Subdivision 6--Official functions

292. Improper influence of officials
293. Identification of voters and votes
294. Responses to official questions
295. Control of behaviour at voting centres and scrutiny centres

Division 2--Legal proceedings

296. Evidentiary provisions
297. Time limit for starting prosecutions
298. Conduct of representatives

PART 13A--INFRINGEMENT NOTICES FOR INFRINGEMENT OFFENCES

300. When infringement notice may be served
301. Particulars to be included in infringement notice
302. Expiation of offence
303. Payment by cheque
304. Withdrawal of infringement notice
305. How service effected
306. Application of Part

PART 14--ELECTORAL COMMISSION

Division 1--Establishment, functions and powers

307. Establishment
308. Composition
309. Functions
310. Powers
311. Delegation

Division 2--Miscellaneous provisions

312. Status
313. Reports by commission

PART 15--ELECTORAL COMMISSIONER AND STAFF OF COMMISSION

Division 1--Electoral Commissioner

Subdivision 1--Establishment of office, functions and powers

314. Appointment of Electoral Commissioner
314A. Eligibility for appointment
315. Chief Executive Officer
316. Functions
317. Powers
318. Approved forms
319. Delegation

Subdivision 2--Appointment provisions

320. Term of appointment
321. Conditions of appointment
322. Vacancy in office
323. Resignation
324. Suspension and termination of appointment
325. Leave of absence
326. Acting Commissioner
327. Oath before taking office

Division 2--Staff of Commission

328. Staff and consultants
329. Sharing staff and physical resources
330. Officers

PART 16--REDISTRIBUTION COMMITTEE

Division 1--Redistribution Committee

331. Establishment
332. Composition
333. Chairperson
336. Appointment of appointed member
337. Term of appointed member's appointment
338. Conditions of appointment
340. Dissolution
341. Functions
342. Powers
343. Procedures

PART 17--MISCELLANEOUS PROVISIONS

344. Register of electors precluded from voting because of religious beliefs
345. Storage and destruction of electoral papers
346. Protection from liability
347. Regulations

PART 18--REPEAL AND TRANSITIONAL PROVISIONS

348. Definitions
349. Repeal
350. Divisions
351. MLAs
352. Rolls
353. Arrangement with Commonwealth
354. Register of electors not voting because of religious beliefs
355. Pending election
356. Pending legal proceedings
357. Chief Electoral Officer
358. Election Tribunal Trust Account
359. References to repealed Act

PART 19--TRANSITIONAL MATTERS FOR ELECTORAL LEGISLATION AMENDMENT ACT 2016

360. Transitional matter

PART 20--TRANSITIONAL MATTERS FOR ELECTORAL AMENDMENT ACT 2018

361. Appointed member and Chairperson of Redistribution Committee

PART 21--TRANSITIONAL MATTERS FOR INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT ACT 2019

362. Effect on Commissioner in office

PART 22--TRANSITIONAL MATTERS FOR ELECTORAL LEGISLATION FURTHER AMENDMENT ACT 2019

363. Disclosure of gifts – reporting agent of a candidate, persons incurring political expenditure and donations to candidates
364. Disapplication of monetary units indexation scheme for 2020 election
SCHEDULE 1
SCHEDULE 2
ENDNOTES

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