LOCAL GOVERNMENT ELECTORAL ACT 2011

Queensland Consolidated Acts

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- As at 22 November 2023
- Act 27 of 2011

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. Purposes of Act
4. Definitions
5. Particular references in this Act
6. References to divisions includes wards
7. Meaning of conclusion of local government election

PART 2 - ADMINISTRATION

Division 1 - Electoral commission

8. Additional functions and powers of electoral commission

Division 2 - Electoral officers for local government elections

9. Returning officers
9A. (Repealed)
10. Assistant returning officers
11. Presiding officers
12. Issuing officers
12A. (Repealed)
12B. (Repealed)
13. Removal from office for membership of political party
14. Obligation to notify of membership of a political party
15. Returning officer may act through other officers
16. Assistant returning officer may act through other officers

PART 3 - VOTERS ROLLS AND REGISTER OF SPECIAL POSTAL VOTERS

Division 1 - Voters rolls

17. Returning officer must compile voters roll
18. When voters roll must be compiled
19. Requirements of voters roll
20. Inspection of voters roll
21. Supply of voters roll to candidates

Division 2 - Register of special postal voters

21A. Electoral commission to keep register of special postal voters

PART 4 - LOCAL GOVERNMENT ELECTIONS

Division 1 - Local government elections

22. Types of elections
23. Date of quadrennial elections
24. Date of by-elections

Division 2 - Candidates for local government elections

Subdivision 1 - Nominations of candidates

24A. (Repealed)
25. Calling for nominations
26. Who may be nominated
27. Making and certification of nomination
28. Grounds for deciding a person is not properly nominated
29. Effect of multiple nominations
30. Withdrawal of consent to nomination
31. Withdrawal of endorsement of candidate
32. Announcement of nominations
33. Death of candidate
34. Procedure if number of candidates not more than number required
35. Procedure if number of candidates exceeds number required
36. Procedure on death of candidate when poll to be conducted
37. If successful candidate dies
38. Changing nomination day or polling day

Subdivision 2 - Deposits accompanying nomination

39. Deposit to accompany nomination
40. Disposal of deposits generally

Subdivision 3 - Creation and membership of groups of candidates

41. Purpose of subdivision
42. Creation of group of candidates
43. Changing membership of group of candidates
43A. Winding up group of candidates
43B. Requirements for membership of group of candidates
43C. Application of Act to groups of candidates
43D. Validation of ballot paper
43E. Application of return provisions—candidate stops being member of group of candidates
43F. Application of return provisions—group of candidates that has been wound up

Division 3 - Arrangements for local government elections

Subdivision 1 - Polls by ballots

44. Poll by ballot
45AA. Application for direction that poll be conducted by postal ballot
45AB. Referral of application to electoral commissioner for recommendation
45. Direction that poll be conducted by postal ballot
45A. Decisions under this subdivision are not subject to appeal

Subdivision 2 - Polling booths

46. Kinds of polling booths
47. Polling booths—general
48. Provision of ordinary polling booths
49. Declaration of mobile polling booths
50. Declaration of pre-polling booths
51. Duty of person in charge of institution
52. Privacy for electors casting votes at polling booths
52A. Suspension of poll
53. Adjournment of poll

Subdivision 3 - Ballot boxes, ballot papers and other documents

54. Ballot boxes generally
55. Ballot papers
56. Ballot papers for separate polls
57. Order of candidates’ names on ballot papers
58. Distribution of ballot papers and voters roll
58A. Ballot papers may be reproduced if required

Subdivision 4 - Scrutineers

59. Scrutineers
60. (Repealed)
61. (Repealed)
62. (Repealed)

Subdivision 5 - Errors, omissions or delays

63. Correction of errors, omissions or delays

Division 4 - Who may vote

64. Who may vote

Division 5 - How voting takes place

Subdivision 1 - System of voting

65. System of voting
66. Compulsory voting

Subdivision 2 - Casting votes

67. Ways in which to cast votes
68. Who may cast votes in particular ways
69. Who must complete a declaration envelope
70. Casting an ordinary vote or pre-poll vote
71. (Repealed)
72. Casting a postal vote by elector other than special postal voter
73. Voting hours for polling booths
74. Particular responsibilities of returning officer when electors cast postal votes
75. Particular responsibilities of issuing officers when electors cast ordinary or pre-poll votes

Subdivision 2A - Electronically assisted voting

75A. Prescribed procedures for electronically assisted voting
75B. Audit of electronically assisted voting for an election
75C. Protection of information technology
75D. Electoral commissioner may decide electronically assisted voting is not to be used
75E. Review of electronically assisted voting

Subdivision 3 - Special arrangements for particular electors

76. Arrangements for electors at hospitals etc.
77. Arrangements for electoral visitor voting
78. Help for electors voting

Subdivision 4 - Distribution of ballot papers

79. Applications to cast postal votes in local government elections that are not postal ballot elections
80. Distribution of ballot papers to electors for postal ballot elections
81. Applications to cast postal votes in postal ballot elections
82. Distribution of ballot papers to silent electors and special postal voters

Subdivision 5 - Recording a vote on ballot papers

83. How electors must record a vote on a ballot paper—optional-preferential voting
84. How electors must record a vote on a ballot paper—first-past-the-post voting
85. Replacement ballot paper issued at polling booth or by visiting issuing officer
85A. Replacement ballot paper issued to postal voter

Division 6 - Formal and informal votes

86. Formal and informal ballot papers—optional-preferential voting
87. Formal and informal ballot papers—first-past-the-post voting
88. Ballot paper partly formal and partly informal

Division 7 - Counting of votes

Subdivision 1 - Processing declaration envelopes

89. Preliminary processing of declaration envelopes
90. (Repealed)
91. Procedure for processing declaration envelopes

Subdivision 2 - Preliminary counts

92. Preliminary counting of ordinary votes
93. Objections by scrutineers during preliminary count
94. (Repealed)

Subdivision 3 - Official count

95. Official counting of votes
96. Objections by scrutineers during official count
96A. Re-counting of votes

Subdivision 4 - Deciding results of local government elections

97. Counting of votes for optional-preferential system
98. Counting of votes for first-past-the-post system
99. Returning officer’s duty after counting votes

Division 8 - Notifying the results of local government elections etc.

100. Notifying the results of an election
101. Notice of results of poll to candidates
101A. Election and elector information
102. Storage and disposal of material resulting from election
103. Notice to electors whose ballot papers are not accepted
104. Notice to electoral commission of error in electoral roll

PART 5 - FRESH ELECTIONS

105. Arrangements for fresh election

PART 6 - ELECTORAL FUNDING AND FINANCIAL DISCLOSURE

Division 1 - Preliminary

106. Definitions for part
106AA. When candidate is individual candidate
106AB. Meaning of participant in an election
106A. Meaning of disclosure period
107. Meaning of gift
107A. Meaning of fundraising contribution
107B. Meaning of sponsorship arrangement
108. Meaning of value of gift
109. Meaning of relevant details for a gift or loan
109A. Meaning of electoral expenditure
109B. Meaning of campaign purpose
109C. Meaning of gifted for electoral expenditure
109D. Participant taken to have incurred gifted electoral expenditure
109E. When electoral expenditure is incurred generally
109F. When electoral expenditure is incurred for particular purposes
109G. When candidate is endorsed by registered political party
110. References to candidates
111. Persons acting on behalf of candidates and groups of candidates
112. Related corporations
112A. Related political parties
112B. Application to unincorporated bodies
112C. Associated entity to be treated as part of registered political party
112D. Associated entity to be treated as part of candidate
112E. Associated entity to be treated as part of group of candidates

Division 1A - Political donations from property developers

113. Meaning of prohibited donor
113A. Meaning of political donation
113B. Political donations by prohibited donors
113C. Recovery of prohibited donations
113D. Making of determination that entity is not a prohibited donor
113E. Revocation of determination
113F. Register of determinations
113G. Review of decisions

Division 2 - Agents

114. Agent of registered political party
115. Agent of candidate
116. Agent of group of candidates
116A. Agent of registered third party
116B. Agent of unregistered third party
116C. Requirements for registration
116D. Register of agents
116E. Registration of agent
116F. Responsibility for action in absence of agent
116G. Agent’s obligation to ensure compliance

Division 3 - Gifts and loans

Subdivision 1 - Disclosure of gifts and prohibited gifts

117. Gifts to candidates
118. Gifts to groups of candidates
118AA. Gifts to associated entities of candidates or groups of candidates
118A. Gifts to third parties to enable political expenditure
118B. Gifts made by third parties
119. Receiving anonymous gifts prohibited
119A. How subdivision applies to gifts that are returned within 6 weeks
119B. How subdivision applies to particular gifts used for electoral purposes

Subdivision 2 - Disclosure of loans and prohibited loans

120. Loans to candidates or groups of candidates
120A. Loans to associated entities of candidates or groups of candidates
121. Particular loans not to be received

Subdivision 3 - Other provisions about gifts and loans

121A. When an entity is the source of a gift or loan
121B. Donor must disclose source of gift or loan
121C. Recovery of prohibited gifts or loans

Subdivision 4 - Notification obligations

122. Requirement to notify the public about disclosure obligations
122A. Requirement to notify third party of obligation to give return under s 118B

Division 4 - Caps on electoral expenditure

Subdivision 1 - Preliminary

123. Definitions for division
123A. Meaning of capped expenditure period
123B. Expenditure caps for participants
123C. How expenditure caps apply in local government areas and divisions

Subdivision 2 - Amount of expenditure cap—individual candidates

123D. Individual candidates for mayor
123E. Individual candidates for councillor (other than mayor)

Subdivision 3 - Amount of expenditure cap—registered political parties and endorsed candidates

123F. Amount of expenditure cap—general
123G. New endorsement of candidate
123H. Ending of endorsement of candidate

Subdivision 4 - Amount of expenditure cap—groups of candidates and members of groups

123I. Amount of expenditure cap—general
123J. Addition of group member
123K. Removal of group member

Subdivision 5 - Amount of expenditure cap—third parties

123L. Registered third parties
123M. Unregistered third parties

Subdivision 6 - Compliance with expenditure caps

123N. Compliance with expenditure cap generally
123O. Compliance with expenditure cap—unregistered third party
123P. Recovery of unlawful electoral expenditure

Subdivision 7 - Other provisions about expenditure caps

123Q. Adjustment of expenditure caps
123R. Electoral commission must give notice of expenditure caps
123S. Electoral commission to decide number of enrolled electors for election
123T. Electoral expenditure incurred by particular councillors
123U. Electoral expenditure incurred for another participant
123V. Electoral expenditure incurred by registered political party or third party for quadrennial election

Division 4A - Disclosure of electoral expenditure

124. Expenditure returns—candidates, groups of candidates, registered political parties and associated entities
125. Summary expenditure returns—candidates, groups of candidates and registered political parties
125A. Summary expenditure returns—associated entities
125B. Expenditure returns—relevant third parties
125C. Summary expenditure returns—relevant third parties
125D. Summary expenditure returns—broadcasters
125E. Summary expenditure returns—publishers

Division 4B - Particular returns by associated entities of candidates and groups of candidates

125F. How division applies to gifts that are returned within 6 weeks
125G. Disclosure of amounts by associated entities

Division 5 - Operation of accounts

126. Requirement for candidate to operate dedicated account
127. Requirement for group of candidates to operate dedicated account
127AA. Requirement for registered political party to operate dedicated account
127AB. Requirement for relevant third party to operate dedicated account
127A. Permitted ways to pay amounts from dedicated account
127B. Payment of amount of electoral expenditure by credit card prohibited
127BA. Notice of dedicated account
127C. Time for prosecuting offences

Division 5A - Registration of third parties

127D. Requirement for registration
127E. Register of third parties
127F. Application for registration
127G. Deciding application
127H. Registration
127I. Decision to refuse application
127J. Obligation to notify electoral commission of change to details
127K. Cancellation of registration

Division 5B - Records to be kept

127L. Definitions for division
127M. Meaning of prescribed matter
127N. Records to be kept by relevant entities
127O. Records to be kept by agents of participants
127P. Records to be kept about advertisements or other relevant material
127Q. Records to be kept by broadcasters or publishers
127R. Requirements for records
127S. Records must be kept for 5 years
127T. Division does not limit other record-keeping provisions

Division 5C - Audits

127U. Electoral commission may appoint auditor
127V. Participant in election must assist appointed auditor
127W. Audit report

Division 6 - Publication of returns

128. Electoral commission must publish returns and other documents
129. Access to published returns and other documents
130. Queries on contents of return

Division 6A - Authorised officers under pt 6

130A. Functions and powers of authorised officers etc.

Division 7 - Miscellaneous

130B. Electoral commission must give reminder notice about requirement for return
130C. Electoral commission must give notice about agent’s failure to give return
131. Inability to complete returns
132. Amendment of returns
132A. Electronic lodgement of returns
133. Things taken to be done by political party
134. Noncompliance with part does not affect election
135. Associated entity to give notice of financial controller
135A. Registered political party must notify endorsement of candidate
135B. Register of agents and register of third parties to be available for public inspection
135C. Electoral commission must not publish information about political party membership
135D. Audit certificates to accompany particular returns
135E. Auditor preparing audit certificate to give notice of contravention

PART 7 - DISPUTED RESULTS

Division 1 - Disputing local government elections

136. Local government election may be disputed under this part
137. Who may dispute an election
138. Requirements for an application to be effective
139. Copies of application to be given to elected candidate and electoral commission
140. Application to court for order relating to documents etc.
141. Parties to application
142. How application is to be dealt with by the court
143. Application for dismissal of application disputing election
144. Powers of the court
145. Restrictions on particular orders
146. Restriction on particular evidence and inquiries
147. Copy of final court orders
148. Costs
149. Decisions and orders to be final
150. Right of electoral commission and returning officer to have access to documents

Division 2 - Appeals

151. Appeal to Court of Appeal on question of law
152. Time for appealing
153. Electoral commission is a party to appeal
154. How appeal is dealt with by Court of Appeal
155. Application for dismissal of appeal
156. Copy of final court orders
157. Right of electoral commission and returning officer to have access to documents

PART 8 - LEGAL PROVISIONS

158. Decisions not subject to appeal
159. Postal vote presumed valid until contrary proved
160. (Repealed)
161. Ballot papers as evidence
162. Allegations of false or misleading information or document
163. Evidentiary provisions
164. (Repealed)

PART 9 - ENFORCEMENT

Division 1 - Failure to vote

165. Notice about failure to vote
166. Payments for failure to vote
167. (Repealed)
168. Failure to vote

Division 2 - Corrupt and improper practices affecting local government elections

169. False or misleading information
170. Bribery
171. Assisting illegal payments
172. Improperly influencing electoral officers
173. Obstructing persons
174. Obstructing electoral officers etc.
175. Forged electoral papers
176. Wilful neglect etc. of electoral officers
176A. Confidentiality of information

Division 3 - Offences relating to electoral advertising

177. Author of election material must be named
178. Distribution of how-to-vote cards
179. Giving of how-to-vote cards to electoral commission
180. Unauthorised how-to-vote cards
181. Headline to electoral advertisements
182. Misleading electors
183. Engaging in group campaign activities

Division 4 - Offences relating to voting

184. Leave to vote
185. Canvassing in or near polling booths
186. Influencing voting by violence or intimidation
187. Party badges not to be worn in polling booths
188. Displaying political statements around polling booths
189. Voting if not entitled
190. Offences about ballot papers
191. Failure to give or post documents for someone else
192. Secrecy of voting
193. Breaking seals on parcels
194. Duty of witness in signing declaration envelopes

Division 5 - Offences relating to electoral funding and financial disclosure

194A. Offence about prohibited donations
194B. Schemes to circumvent prohibition on particular political donations or electoral expenditure
194C. False or misleading information relating to determinations
195. Offences about returns
195A. False or misleading information about gift
196. (Repealed)
197. Obtaining information for returns
198. Further information for incomplete returns

Division 6 - Attempts

199. Attempts to commit offences

Division 7 - Injunctions

200. Injunctions

PART 9A - PROVISIONS FOR QUADRENNIAL ELECTION FOR 2020

200A. Purpose of part
200B. Suspension of election
200C. Ending suspension
200D. Terminating election
200E. Conduct of poll by postal ballot
200F. Electors who may vote electronically
200G. Electoral visitor voting
200H. Extending time for particular applications to cast postal vote
200I. Distribution or display of how-to-vote cards or other election material
200J. Issuing officers for s 12
200K. Adjournment of poll under s 52A or 53
200L. (Expired)

PART 9B - (Expired)

PART 10 - MISCELLANEOUS

201. Designated election offences and application of Criminal Code
201A. Proceedings for particular indictable offences
202. Electoral commission may recover expenditure incurred for conducting elections
203. Leave to local government employee to contest local government election
204. Inspection of documents
205. Persons serving a sentence of imprisonment
206. Office of returning officer
207. Approved forms
208. Regulation-making power
208A. (Expired)
209. (Expired)

PART 11 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provision inserted under Sustainable Planning and Other Legislation Amendment Act 2012

210. Cut-off day for compiling voters roll for quadrennial election for 2012

Division 2 - Transitional provision for Local Government and Other Legislation Amendment Act 2015

211. By-elections and fresh elections

Division 3 - Transitional provision for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018

212. Obligation to repay particular political donations

Division 4 - Transitional provisions for Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019

Subdivision 1 - Transitional provisions commencing on assent

213. Existing applications under s 45
214. Time for making applications under s 45AA for quadrennial election for 2020

Subdivision 2 - Transitional provisions commencing by proclamation

216. Disclosure period for an election
217. Disclosure obligations for candidates—gifts
217A. Disclosure obligations for agent for group of candidates—gifts
217B. Disclosure obligations for candidates—loans
217C. Disclosure obligations for agent for group of candidates—loans
218. Disclosure obligations for electoral expenditure
219. Election and elector information for election before commencement

Division 5 - Transitional provision for COVID-19 Emergency Response and Other Legislation Amendment Act 2021

220. Application of pt 9B to election

Division 6 - Transitional provisions for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023

221. Definitions for division
222. Elections held after introduction day and before 2024 quadrennial election
223. Continuation of existing groups of candidates for 2024 quadrennial election
224. Gifts
225. Electoral expenditure
226. Agents and register of group agents
227. Existing disclosure obligations for post-commencement elections
228. Summary returns for post-commencement elections under new ss 117 and 120
229. Disclosure period for post-commencement elections for particular third parties under new s 118A
230. Disclosure period for post-commencement elections for third parties under new s 118B
231. First reporting period for new ss 118AA, 120A and 125G
232. Summary expenditure returns for post-commencement elections under new ss 125 and 125A
233. Summary expenditure returns for particular third parties for post-commencement elections under former s 125A
234. Disclosure period for dedicated accounts under new ss 127AA and 127AB
235. Notice of dedicated account under new s 127BA
236. Notice of endorsement of candidates under new s 135A
237. Existing records under former s 196
SCHEDULE 1
SCHEDULE 2

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