Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: (1) A Redistribution Committee for a State or the Australian Capital
Territory shall, in accordance with subsections (2), (3) and (4),
make a proposed redistribution of the State or Territory.
(2) The proposed redistribution shall propose the distribution of the
State or Territory into Electoral Divisions equal in number to the
number of members of the House of Representatives to be chosen
in the State or Territory at a general election.
(Section 66).
For the purposes of enrolment and voting in federal elections, the Cocos (Keeling) Islands are an electoral district of the Commonwealth Division of Lingiari in the Northern Territory.
The municipality is not divided into wards.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, Section 66: https://www.legislation.gov.au/Details/C2019C00103
https://www.regional.gov.au/territories/Cocos_Keeling/governanceadministration.aspx
Verified: 2019/07/05
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers d . Conformity with local jurisdiction boundaries f . Communities of interest/cultural concerns
Comments: (3) In making the proposed redistribution, the Redistribution
Committee:
(a) shall, as far as practicable, endeavour to ensure that, if the
State or Territory were redistributed in accordance with the
proposed redistribution, the number of electors enrolled in
each Electoral Division in the State or Territory would not, at
the projection time determined under section 63A, be less
than 96.5% or more than 103.5% of the average divisional
enrolment of that State or Territory at that time; and
(b) subject to paragraph (a), shall give due consideration, in
relation to each proposed Electoral Division, to:
(i) community of interests within the proposed Electoral
Division, including economic, social and regional
interests;
(ii) means of communication and travel within the proposed
Electoral Division;
(iv) the physical features and area of the proposed Electoral
Division; and (v) the boundaries of existing Divisions in the State or
Territory;
and subject thereto the quota of electors for the State or Territory
shall be the basis for the proposed redistribution, and the
Redistribution Committee may adopt a margin of allowance, to be
used whenever necessary, but in no case shall the quota be
departed from to a greater extent than one-tenth more or one-tenth
less.
(Commonwealth Electoral Act 1918).
16G. Districts, how State to be divided into
(1) For the purposes of this section the Commissioners shall divide
the number of electors by the number of districts, and the result
of that division is referred to as the average district enrolment.
(2) The Commissioners shall divide the State into districts in
accordance with the principle that, for each district, the number
of electors that the district would have had at the relevant day
must not be more than 10% greater, or more than 10% less, than
the average district enrolment at the relevant day.
(3) If a district has an area of 100 000 square kilometres or more,
subsection (2) does not apply but the sum of —
(a) the number of electors that the district would have had at
the relevant day; and
(b) the large district allowance,
must not be more than 10% greater, or more than 20% less, than
the average district enrolment at the relevant day.
(4) In subsection (3) —
large district allowance means 1.5% of the number of square
kilometres in the area of the district.
[Section 16G inserted: No. 1 of 2005 s. 4.]
16I. Dividing State, matters Commissioners to consider when
In making the division of the State into regions and districts the
Commissioners shall give due consideration to —
(a) community of interest; and
(b) land use patterns; and
(c) means of communication, means of travel and distance
from the capital; and
(d) physical features; and
(e) existing boundaries of regions and districts; and (f) existing local government boundaries; and
(g) the trend of demographic changes.
(Western Australia Local Government Act 1995).
For local elections, Cocos Islands function as one district.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, Section 66: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Local Government Act 1995, as amended on 20 November 2018, section 16G, 16I: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/07/05
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission e . Electoral Management Body (EMB)
Comments: (1) For the purposes of each redistribution of a State, the Electoral
Commission shall, as soon as practicable after the commencement
of the redistribution, appoint, by instrument in writing, a
Redistribution Committee for the State. (Section 60).
(1) A Redistribution Committee for a State or the Australian Capital
Territory shall, in accordance with subsections (2), (3) and (4),
make a proposed redistribution of the State or Territory. (Section 66).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, Section 60, 66: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/05
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
f . Inherited monarchy with a Governor appointed by the Monarch
Comments: 2. Governor-General
A Governor-General appointed by the Queen shall be Her Majesty’s representative in the Commonwealth, and shall
have and may exercise in the Commonwealth during the Queen’s pleasure, but subject to this Constitution, such powers
and functions of the Queen as Her Majesty may be pleased to assign to him.
(Australia's Constitution, chapter 1, art. 2).
As a non-self governing territory of Australia, the head of the Islands is the British monarch, represented by the Australian governor general. (CIA World Factbook).
Source: Australia's Constitution of 1901, chapter 1, art. 2: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/ck.html
Verified: 2019/07/05
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: 64. Ministers of State
The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish.
Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen's Ministers of State for the Commonwealth.
(Australia's Constitution, chapter 2, art 64).
The administrator is appointed by the Australian governor general and represents both the monarch and Australia. (CIA World Factbook).
Source: Australia's Constitution of 1901, chapter 2, art 64: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/ck.html
Verified: 2019/07/06
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments: 61. The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.
Source: Australia's Constitution of 1901, chapter 2, art 61: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2019/07/08
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: 1. The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is hereinafter called The Parliament, or The Parliament of the Commonwealth.
Source: Australia's Constitution of 1901, chapter 1, part 1, art. 1: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2019/07/08
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
b . Alternative Vote
Comments: 274.
(7)The Divisional Returning Officer:
(c) from the result of the scrutiny of the votes counted under the provisions of subsections (3) and (4), and the fresh scrutiny conducted under the provisions of this subsection, shall ascertain the total number of first preference votes given for each candidate and the number of informal ballot papers; and
(ca) must then proceed with the scrutiny and the counting of the votes as follows:
(i) if, after ascertaining the first preference votes given for each candidate, no candidate has an absolute majority of votes, the Divisional Returning Officer must apply subsection (7AA);
(ii) if, after ascertaining the first preference votes given for each candidate, a candidate has an absolute majority of votes, that candidate is elected; and
(d) if, after applying subsection (7AA), subparagraph (7AA)(b)(i) applies, shall proceed with the scrutiny and the counting of the votes as follows:
(i) the candidate who has received the fewest first preference votes shall be excluded, and each ballot paper counted to the candidate shall be counted to the candidate next in the order of the voter’s preference;
(ii) the process of excluding the candidate who has the fewest votes, and counting each of his or her ballot papers to the unexcluded candidate next in the order of the voter’s preference, shall be repeated until only 2 candidates remain in the count; and
(iii) if, following the exclusion of candidates under this paragraph, a candidate has an absolute majority of votes, that candidate shall be elected.
(7AA) If, after ascertaining the total number of first preference votes for each candidate under paragraph (7)(ca), no candidate has an absolute majority of votes, the Divisional Returning Officer must take the following steps:
(a) rank the candidates consecutively in order of their standing in the poll as set out in subsection (7AB);
(b) then:
(i) if the total number of first preference votes for all the candidates, other than the first and second ranked candidates, is equal to or more than the number of first preference votes for the second ranked candidate—proceed with the scrutiny as set out in paragraph (7)(d); or
(ii) if the total number of first preference votes for all the candidates, other than the first and second ranked candidates, is less than the number of first preference votes for the second ranked candidate—exclude all the candidates other than the first and second ranked candidates;
(c) if subparagraph (b)(ii) applies—count each ballot paper of an excluded candidate to whichever of the first or second ranked candidates is earlier in the order of preference expressed on the ballot paper.
(7AC) If, following the exclusion of candidates under subparagraph (7AA)(b)(ii) and the count of ballot papers under paragraph (7AA)(c), a candidate has an absolute majority of votes, that candidate is elected.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, Art. 240, 274: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/08
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules
Comments: Some electoral issues are covered in the Constitution and there are also regulations and administrative rules made under the Electoral Act. The conduct of elections and the behaviour of the EMB may also be governed by other legislation such as the Privacy Act.
Source: https://www.aec.gov.au/Elections/australian_electoral_system/Electoral_Legislation.htm
Commnwealth Electoral Act 1918, as amended on 8 March 2019: https://www.legislation.gov.au/Details/C2019C00103
Australia's Constitution of 1901: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2019/07/08
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections d . Referendums
Comments:
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/08
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
b . Voting is compulsory and regulated in the electoral law
Comments: 245. (1) It shall be the duty of every elector to vote at each election.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, art 245: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/08
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: 353.(1) The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns and not otherwise.
354. (1) The High Court shall be the Court of Disputed Returns, and shall have jurisdiction either to try the petition or to refer it for trial to the Federal Court of Australia (the Federal Court).
(Commonwealth Electoral Act 1918, section 353, 354).
157. Validity of election or return, how to dispute
(1) The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns, and not
otherwise.
(Western Australia Electoral Act 1907, section 157).
4.81. Complaints to go to Court of Disputed Returns
(1) An invalidity complaint is to be made to a Court of Disputed Returns, constituted by a magistrate, but can only be made
within 28 days after notice is given of the result of the election.
(Western Australia Local Government Act 1995, art. 4.81).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, art. 353, 354: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, section 157: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Western Australia Local Government Act 1995, art. 4.81: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/08/01
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments: The AEC is responsible for conducting federal elections and referendums and maintaining the Commonwealth electoral roll. The AEC also provides a range of electoral information and education programs and activities.
Source: https://www.aec.gov.au/About_AEC/index.htm
Verified: 2019/07/08
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department
Comments:
Source: Portfolio Budget Statements, Department of Finance, Australian Government: https://www.finance.gov.au/publications/portfolio-budget-statements/
Verified: 2019/07/08
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
d . A national government department
Comments:
Source: Portfolio Budget Statements, Department of Finance, Australian Government: https://www.finance.gov.au/publications/portfolio-budget-statements/
Verified: 2019/07/08
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: 8. (1) Subject to this Division, an appointed Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re-appointment.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 8: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/08
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: 6. (2A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) the Commission is a listed entity;
(Commonwealth Electoral Act 1918)
On 21 February 1984 following major amendments to the Commonwealth Electoral Act 1918 the Australian Electoral Commission was established as an independent statutory authority.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 6: https://www.legislation.gov.au/Details/C2019C00103
https://www.aec.gov.au/About_AEC/index.htm
Verified: 2019/07/08
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments: 6. (2) The Commission shall consist of:
(a) a Chairperson;
(b) the Electoral Commissioner; and
(c) one other member.
(2A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(c) the following persons are officials of the Commission:
(i) the Electoral Commissioner;
(ii) the Deputy Electoral Commissioner;
(iii) the Australian Electoral Officer for a State or Territory;
(iv) the staff of the Commission referred to in section 29; and
(3) The Chairperson and the non-judicial appointee shall be appointed by the Governor-General and shall hold office on a part-time basis.
(Commonwealth Electoral Act 1918, section 6).
20. (1) There shall be an Australian Electoral Officer for each State who shall, subject to the directions of the Electoral Commissioner, be the principal electoral officer in the State.
The Electoral Commissioner is responsible for the overall management and operation of the Australian Electoral Commission (AEC). Assisting the Electoral Commissioner are the Deputy Electoral Commissioner and two first assistant commissioners.
State managers, who hold the statutory appointment of Australian Electoral Officer (AEO), are responsible for electoral activities within their state or territory.
Currently there are eleven positions at the AEC.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 6: https://www.legislation.gov.au/Details/C2019C00103
https://www.aec.gov.au/About_AEC/structure.htm
Verified: 2019/07/08
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: 6. (3) The Chairperson and the non-judicial appointee shall be appointed by the Governor-General and shall hold office on a part-time basis.
(4) The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor-General for the purposes of this section by the Chief Justice of the Federal Court of Australia.
(5) A person shall not be appointed as the non-judicial appointee unless the person is the holder of:
(a) an office of Agency Head (within the meaning of the Public Service Act 1999); or
(b) an office established by or under an Act and having, in the opinion of the Governor-General, a status equivalent to that of an office referred to in paragraph (a).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 6: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/08
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
c . Executive f . Judiciary
Comments: 6. (3) The Chairperson and the non-judicial appointee shall be appointed by the Governor-General and shall hold office on a part-time basis.
(4) The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor-General for the purposes of this section by the Chief Justice of the Federal Court of Australia.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 6: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/08
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body b . Regional Electoral Management Bodies c . Local/County Electoral Management Bodies
Comments: 7. (1) The functions of the Commission are:
(c) to promote public awareness of election and ballot matters, and Parliamentary matters, by means of the conduct of education and information programs and by other means;
(Commonwealth Electoral Act 1918).
5F. 1.
The Electoral Commissioner —
(d) shall promote public awareness of electoral and
parliamentary matters by means of the conduct of
education and information programmes and by other
means;
(Western Australia Electoral Act 1907).
The Australian Electoral Commission (AEC) delivers the franchise: an Australian citizen’s right to vote. It conducts federal elections and referendums and maintains the Commonwealth electoral roll. The AEC also informs Australians about enrolling and voting.
4.64. Public notice about election
(1) As soon as practicable after preparations for the election have been completed (but not later than on the 19th day before
election day) the returning officer is to give Statewide public notice about the election in accordance with regulations
including details of how, when and where the election will be conducted and who the candidates are.
(Western Australia Local Government Act 1995, art. 4.64).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 7: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, as amended on 9 December 2016, section 5F: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
https://education.aec.gov.au/
Western Australia Local Government Act 1995, art. 4.64: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/08/01
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: The AEC is funded to deliver one key outcome:
Maintain an impartial and independent electoral system for eligible voters through active electoral roll management, efficient delivery of polling services and targeted education and public awareness programs.
Source: https://www.aec.gov.au/About_AEC/AEC_Services/
https://education.aec.gov.au/
Verified: 2019/07/08
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body c . Yes, conducted by the Regional Electoral Management Bodies e . Yes, conducted by the Government h . Yes, conducted by NGOs/ Civic Organizations
Comments: The Australian Electoral Commission operates Electoral Education Centers (EECs) in Canberra and Melbourne, operates an Adelaide EEC in partnership with the South Australian State Electoral Office, and provides support for the Western Australian Electoral Commission's Perth EEC. In addition, each State and Territory is responsible for their own education which may or may not include a civics component. The state also funds various civic education programs and initiatives.
Source: https://www.electoralintegrityproject.com/what-we-do
https://www.civicsandcitizenship.edu.au/cce/ - state owned
https://education.aec.gov.au/visit-us/
https://www.peo.gov.au/about/what-we-do.html
Verified: 2019/07/10
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: 93
(1) Subject to subsections (7) and (8) and to Part VIII, all persons:
(a) who have attained 18 years of age;
shall be entitled to enrolment.
(3) An elector:
(a) whose name has been placed on a Roll in pursuance of a claim made under section 100; and
(b) who has not attained 18 years of age on the date fixed for the polling in an election;
is not entitled to vote at that election.
Source: Commonwealth Electoral Act of 1918, as amended on 8 March 2019, section 93: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: 93.
(1) Subject to subsections (7) and (8) and to Part VIII, all persons:
(a) who have attained 18 years of age; and
(b) who are:
(i) Australian citizens; or
(ii) persons (other than Australian citizens) who would, if the relevant citizenship law had continued in force, be British subjects within the meaning of that relevant citizenship law and whose names were, immediately before 26 January 1984:
(A) on the roll for a Division; or
(B) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 or the Northern Territory Representation Act 1922;
shall be entitled to enrolment.
(7) A person who is:
(a) within the meaning of the Migration Act 1958, the holder of a temporary visa; or
(b) an unlawful non-citizen under that Act;
is not entitled to enrolment under Part VIII.
(8) A person who:
(a) by reason of being of unsound mind, is incapable of understanding the nature and significance of enrolment and voting; or
(b) has been convicted of treason or treachery and has not been pardoned;
is not entitled to have his or her name placed or retained on any Roll or to vote at any Senate election or House of Representatives election.
(8AA) A person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at any Senate election or House of Representatives election.
Source: Commonwealth Electoral Act of 1918, as amended on 8 March 2019, section 93: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: You can enrol online on the website of the Australian Electoral Commission (AEC), or
complete and print a PDF form then return it to the AEC or
pick up a form at any Australia Post or AEC office and return to the AEC.
84
(1) The Governor-General may arrange with the Governor of a State, the Administrator of the Northern Territory or the Chief Minister of the Australian Capital Territory for, or for the carrying out of a procedure relating to, the preparation, alteration or revision of the Rolls, in any manner consistent with the provisions of this Act, jointly by the Commonwealth and the State, jointly by the Commonwealth and the Northern Territory or jointly by the Commonwealth and the Australian Capital Territory, as the case may be, whether for the purpose of the Rolls being used as Electoral Rolls for State elections, Northern Territory elections or Australian Capital Territory elections, as the case may be, as well as for Commonwealth elections, or for any other purpose.
Source: The Australian Electoral Commission:
https://www.aec.gov.au/Enrolling_to_vote/About_Electoral_Roll/
Commonwealth Electoral Act of 1918, as amended on 8 March 2019, section 84: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: It is compulsory by law for all eligible Australian citizens to enrol and vote in federal elections, by-elections and referendums.
245
(1) It shall be the duty of every elector to vote at each election.
(Commonwealth Electoral Act 1918, section 245).
156.
(1) It shall be the duty of every elector to record his vote at any election for the region or district for which he is enrolled unless he is prevented from doing so by absence from the State, or by illness or infirmity, or any physical incapacity on the day of the election.
(Western Australia Electoral Act 1907, section 156).
Source: https://www.aec.gov.au/enrol/
Commonwealth Electoral Act of 1918, as amended on 8 March 2019, section 245: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, section 156: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Verified: 2019/08/01
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount) f . Other
Comments: 126
(1) An application for the registration of an eligible political party may be made to the Electoral Commission by:
(a) in the case of a Parliamentary party:
(i) the secretary of the party; or
(ii) the member, or all the members, of the Commonwealth Parliament who is a member, or who are members, of the party; or
(b) in the case of a political party other than a Parliamentary party—10 members of the party, of whom one is the secretary of the party.
However, where a member of a Parliamentary party:
(c) who is a member of the Commonwealth Parliament; and
(d) who has previously made an application for the registration of that Parliamentary party (the first party);
makes an application for the registration of another party, the Commission must not proceed with the application for the registration of that other party unless the Commission is satisfied that the member is no longer a member of the first party. If the Commission is so satisfied, the Commission must take any action required by section 136 immediately.
(2) An application for the registration of an eligible political party shall be in writing, signed by the applicant or applicants and by the person who is to be the registered officer of the party, and shall:
(a) set out the name of the party; and
(b) if the party wishes to be able to use for the purposes of this Act an abbreviation of its name—set out that abbreviation; and
(ba) if the party wishes a logo of the party to be entered in the Register—set out a copy of a logo; and
(c) set out the name and address of the person who is to be the registered officer of the party for the purposes of this Act; and
(ca) include a list of the names of the 500 members of the party to be relied on for the purposes of registration; and
(d) state whether or not the party wishes to receive moneys under Division 3 of Part XX; and
(e) set out the name and address of the applicant or the names and addresses of the applicants and particulars of the capacity in which the applicant or each applicant makes the application; and
(f) be accompanied by a copy of the constitution of the party; and
(g) be accompanied by a fee of $500.
(123.
eligible political party means a political party that:
(a) either:
(i) is a Parliamentary party; or
(ii) has at least 500 members; and
(b) is established on the basis of a written constitution (however described) that sets out the aims of the party.)
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 123, 126: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship
Comments: 163
(1) A person who:
(a) has reached the age of 18 years;
(b) is an Australian citizen; and
(c) is either:
(i) an elector entitled to vote at a House of Representatives election; or
(ii) a person qualified to become such an elector;
is qualified to be elected as a Senator or a member of the House of Representatives.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 163: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1) d . In legislative elections (Chamber 2)
Comments: 169A Notification of independent candidacy
(1) A candidate in an election may request that the word “Independent” be printed adjacent to the candidate’s name on the ballot papers for use in that election.
(2) A request under subsection (1) must be:
(a) in writing; and
(b) signed by the candidate; and
(c) given to the Electoral Commissioner with the nomination of the candidate.
(3) A candidate may not make requests under both this section and section 168.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 169A: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments: 293(1) Election funding is payable in relation to a registered political party under this section for an election if either of the following applies:
(a) in respect of a candidate whom the party endorses in a House of Representatives election, or in a Senate election and who is not a member of a group—the total number of formal first preference votes given for the candidate is at least 4% of the total number of formal first preference votes cast in the election;
(b) in respect of candidates whom the party endorses in a Senate election and who are members of a group—the total number of formal first preference group votes given for the candidates is at least 4% of the total number of formal first preference votes cast in the election.
Note: A claim must be made for election funding of more than $10,000 to be paid (see section 297).
294
(1) Election funding is payable in relation to a candidate under this section if:
(a) the candidate is neither:
(i) endorsed by a registered political party; nor
(ii) in the case of a Senate election—a member of a group; and
(b) the total number of formal first preference votes given for the candidate in the election is at least 4% of the total number of formal first preference votes cast in the election.
Note: A claim must be made for election funding of more than $10,000 to be paid (see section 297).
295
(1) Election funding is payable in relation to a group in a Senate election under this section if:
(a) none of the group’s members is a candidate endorsed by a registered political party; and
(b) the total number of formal first preference group votes is at least 4% of the total number of formal first preference votes cast in the Senate election.
Note: A claim must be made for election funding of more than $10,000 to be paid (see section 297).
(Commonwealth Electoral Act 1918, section 293, 294, 295).
175LB. Election funding reimbursement amount, entitlement to
Subject to this Division, after an election the election funding reimbursement amount under section 175LC is payable for each eligible vote given for a candidate.
(Western Australia Electoral Act 1907, section 175LB).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 293, 294, 295: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, section 175LB: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Verified: 2019/08/02
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance b . Based on result of previous election e . Other
Comments: 292G
Election funding may be payable in relation to registered political parties, candidates and groups under this Division. The election funding is payable in relation to any candidate who received more than 4% of the total first preference votes cast in the election. Election funding of $10,000 (as indexed) is paid as soon as practicable after 20 days after the polling day for the election or elections. However, a claim must be made for election funding of more than that amount to be paid.
The amount of the election funding is worked out by reference to the number of formal first preference votes received by the candidate. However, for an amount of election funding that is more than $10,000 (as indexed), the amount is capped at the amount of actual expenditure incurred by the candidate or the registered political party endorsing the candidate.
(Commonwealth Electoral Act 1918, section 292G).
175LB. Election funding reimbursement amount, entitlement to
Subject to this Division, after an election the election funding reimbursement amount under section 175LC is payable for each eligible vote given for a candidate.
(Western Australia Electoral Act 1907, section 175LB).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 292G: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, section 175LB: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Verified: 2019/08/02
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: 302CA
(1) Despite any State or Territory electoral law, a person or entity may:
(a) give a gift to, or for the benefit of, a political entity, a political campaigner or a third party (a gift recipient); or
(b) if the person or entity is a gift recipient—receive or retain a gift; or
(c) on behalf of a gift recipient, receive or retain a gift;
if:
(d) this Division does not prohibit the giving, receiving or retaining of the gift; and
(e) the gift, or part of the gift, is required to be, or may be, used for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, in accordance with subsection (2).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 302CA: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Counting at polling places
Polling officials are required to complete three main tasks when polls close, in the following order:
count the first preferences on the House of Representatives ballot papers
conduct a two-candidate-preferred (TCP) count of the House of Representatives ballot papers, and
count the first preferences on the Senate ballot papers.
Only ordinary votes from polling places are counted on election night. That is, the ordinary votes that are cast at a polling place where the voter's name is marked off the electoral roll at the time of voting.
(Australian Electoral Commission)
4.72. Outcome of election to be determined
(1) As soon as is practicable after voting has finished the returning
officer is to arrange for the votes to be counted and ascertain the
result of the election.
(2) The votes are to be counted at the place or places notified for the
purpose in the election notice or, if that is impracticable because of riot, violence or other cause, at any other place appointed by
the returning officer.
(Local Government Act 1995, art. 4.72).
Source: https://www.aec.gov.au/Voting/counting/index.htm
Local Government Act 1995, art. 4.72: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/07/10
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request f . Other
Comments: 278 Re-count at Senate elections
(1) At any time before the declaration of the result of a Senate election the Australian Electoral Officer may, on the written request of any candidate setting forth the reasons for the request, or of the officer’s own motion, direct or conduct a re-count of the ballot papers contained in any parcel or in any other category determined by the Australian Electoral Officer.
(2) If the Australian Electoral Officer refuses a request of a candidate under subsection (1), the candidate may, in writing, appeal to the Electoral Commissioner to direct a re-count of the ballot papers to which the request relates, and the Electoral Commissioner has a discretion either to direct a re-count of the ballot papers or refuse to direct a re-count.
279 Re-count at House of Representatives elections
At any time before the declaration of the result of a House of Representatives election the Divisional Returning Officer may, on the request of any candidate setting forth the reasons for the request, or of the officer’s own motion, and shall, if so directed by the Electoral Commissioner or the Australian Electoral Officer, re-count the ballot papers contained in any parcel or in any other category determined by the Australian Electoral Officer or the Electoral Commissioner.
(Commonwealth Electoral Act 1918, section 278, 279).
4.76. Review of decisions on ballot papers
Unless a Court of Disputed Returns decides otherwise, the returning officer’s decision about the acceptance or rejection of
a ballot paper is final but this does not prevent the returning officer from reviewing the decision in the course of a re-count of votes.
(Local Government Act 1995, art. 4.76)
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 278, 279: https://www.legislation.gov.au/Details/C2019C00103
Local Government Act 1995, art. 4.76: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/08/02
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
c . Based on result of previous election
Comments: To qualify for time on the Australian Broadcasting Corporation (which does not usually run advertisements) the two major political parties have equal time, and minor parties or independents who won a significant proportion of the vote (ie a seat) at last election get a proportion of that time.
Source: https://www.aec.gov.au/About_AEC/Publications/backgrounders/authorisation.htm
Verified: 2019/07/10
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments: Debates between the 2 major parties are occasionally conducted but are not required. Participation by individual candidates and smaller parties is rare.
Source: http://www.aec.gov.au/About_AEC/Publications/backgrounders/index.htm
Verified: 2019/07/10
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
b . 2-3 days
Comments: Clause 3A of Schedule 2 to the Broadcasting Services Act requires that a broadcaster must not broadcast an election advertisement from the end of the Wednesday before polling day until the close of the poll on polling day, where an election is to be held in an area which relates to a licence area, or an area where a broadcast can normally be received. This only applies for elections to a Parliament.
The election advertising blackout applies to broadcasters, including:
commercial television broadcasting licensees
commercial radio broadcasting licensees
community broadcasting licensees
subscription television broadcasting licensees
providers of broadcasting services under class licences.
The election advertising blackout only applies to broadcasters. It does not include online services and print media.
Source: https://www.acma.gov.au/Industry/Broadcast/Television/TV-content-regulation/political-matter-tv-content-regulation-i-acma
Verified: 2019/07/11
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified: 2019/07/11
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: The Constitution provides a mechanism by which it can be altered, called a referendum. Before there can be any change
to the Constitution, a majority of electors must vote in favour of the change. In addition, there must be a majority vote
in a majority of States, that is, in four out of the six States. (Further, a proposed amendment which would diminish the
representation of a State in the Commonwealth Parliament or which would alter the territorial limits of a State must
be approved by a majority of electors in that State.) Ordinarily, before a matter can be the subject of a referendum, both
Houses of the Commonwealth Parliament must pass the proposed law containing the suggested amendment of the
Constitution (section 128).
Source: Australia's Constitution, "Overview": https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2019/07/11
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: The Constitution provides a mechanism by which it can be altered, called a referendum. Before there can be any change
to the Constitution, a majority of electors must vote in favour of the change. In addition, there must be a majority vote
in a majority of States, that is, in four out of the six States. (Further, a proposed amendment which would diminish the
representation of a State in the Commonwealth Parliament or which would alter the territorial limits of a State must
be approved by a majority of electors in that State.) Ordinarily, before a matter can be the subject of a referendum, both
Houses of the Commonwealth Parliament must pass the proposed law containing the suggested amendment of the
Constitution (section 128).
Source: Australia's Constitution, "Overview": https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2019/07/11
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: The Commonwealth Electoral Act 1918 also mentions plebscites, used for non-constitutional matters.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019: https://www.legislation.gov.au/Details/C2019C00103
International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments: There are no provisions in Australia for
citizens’ or agenda initiatives, or for the recall of elected officials.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments: There are no provisions in Australia for
citizens’ or agenda initiatives, or for the recall of elected officials.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments: There are no provisions in Australia for
citizens’ or agenda initiatives, or for the recall of elected officials.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: 239. Amendments to the Australian constitution must be approved in a referendum.
A double majority, comprising a majority of the national electorate and a majority in
four of the six states, is required for an amendment to be adopted. The government may
also hold non-binding referendums on other issues.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/07/11
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: 239. Amendments to the Australian constitution must be approved in a referendum.
A double majority, comprising a majority of the national electorate and a majority in
four of the six states, is required for an amendment to be adopted. The government may
also hold non-binding referendums on other issues.
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Verified: 2019/08/02
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Referendums are employed in the same manner in several of the Australian states. (International IDEA).
5F
(1) The Electoral Commissioner —
(a) subject to section 5E(1) is the chief executive officer of the Western Australian Electoral Commission; and
(ea) may conduct other elections, referendums or polls —
(i) if authorised to do so under another written law;
or
(ii) if they are provided for under another written law and the regulations authorise the Electoral Commissioner to conduct them;
(Western Australia Electoral Act 1907).
4.99
(3) Regulations may make necessary or convenient provisions in relation to preparing for, conducting and ascertaining the result of polls and referendums held by local governments, whether under local laws or otherwise, and for ensuring the purity of the conduct of them.
(Western Australia Local Government Act 1995).
Source: International IDEA Handbook for Direct Democracy (2008), page 192: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
Western Australia Electoral Act 1907, art. 5F: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Western Australia Local Government Act 1995, art. 4.99: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/08/02
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
b . At any polling station in the same voting district d . At specially designated polling stations e . At mobile polling stations f . By mail
Comments: 184A.
184A Application for registration as general postal voter
(1) An elector may apply to the Electoral Commissioner for registration as a general postal voter for a Division.
222.
(1) On polling day an elector is entitled to vote at any polling place for the Division for which he or she is enrolled or to vote as an absent voter, on making a declaration in an approved form, at any other polling place within the State or Territory for which he or she is enrolled at which a polling booth is open.
(1A) On polling day a person who is provisionally enrolled is entitled to vote as an absent voter, on making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).
(2) Notwithstanding subsections (1) and (1A), where a hospital is a polling place, an elector is not entitled to vote at that polling place otherwise than under section 224 unless an appropriate person on the staff of the hospital has agreed to permit electors generally to vote at that polling place or unless the elector:
(a) is attending the hospital as a patient or as a genuine visitor of a patient; or
(b) performs functions or duties in the hospital.
227.
(2) The Electoral Commissioner may appoint persons to be members of mobile polling teams for the purposes of this section and, in respect of each team, a person to be the leader.
249. Antarctic electors
(1) An elector who is, or expects to be, in the course of employment, in Antarctica may, by notice given to the Electoral Commissioner, request that he or she be treated, while in Antarctica, as an Antarctic elector in relation to any election the polling day of which occurs while the elector is in Antarctica.
(Commonwealth Electoral Act 1918).
100.
(1) The Electoral Commissioner may, by notice in the Government
Gazette —
(a) appoint such polling places for regions and districts as
the Electoral Commissioner considers necessary;
[(b) deleted]
(c) appoint such other polling places as he thinks fit in any
institution or hospital, or both;
100A. Mobile portable ballot boxes at certain institutions and
hospitals, provision of etc.
(1) Where a polling place has been appointed under the provisions
of section 100, at any institution or hospital, the presiding
officer appointed under section 102(5), notwithstanding any
other provision of this Act, shall with another officer attend at
the polling place, at such times or during such hours as are
provided by subsection (2) with such number of mobile portable
ballot boxes as the Electoral Commissioner thinks fit and
approved by him for the purpose of affording an opportunity to
vote to every elector who —
(a) is for the time being resident in the institution or hospital
wherein the polling place is appointed to be; and
(b) by reason of illness or infirmity or in the case of a
woman, by reason of approaching maternity, is unable to
attend at another polling place to record his vote.
100B. Mobile portable ballot boxes in declared remote areas,
provision of etc.
(1) Where any area of the State is a remote area of the State for the
purposes of this Act by virtue of a declaration under
section 100(1)(e), the presiding officer and other officer appointed under section 102(5), notwithstanding any other
provision of this Act, shall attend at such places in the remote
area, and at such times in the period of 14 days up to and
including polling day, as the Electoral Commissioner thinks fit,
with such number of mobile portable ballot boxes as the
Electoral Commissioner thinks fit and approved by him for the
purpose of affording an opportunity to vote to every elector who
may have difficulty in attending at a polling place under usual
conditions.
(Western Australia Electoral Act 1907).
4.67. Where to vote in person
In a voting in person election —
(a) a vote (absent vote) may be cast before election day at the offices of another local government in such circumstances as are set out in regulations;
(b) a vote (early vote) may be cast before election day at the local government’s offices, or at a place notified for that
purpose in the election notice, in such circumstances as are set out in regulations;
(c) a vote in person on election day may be cast at a polling place appointed for the election.
(Local Government Act 1995).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 222, 227: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, art. 100, 100A, 100B: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Western Australia Local Government Act 1995, art. 4.67: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/08/02
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff
Comments: 94.
(1) An elector who:
(a) is enrolled for a particular Subdivision of a Division; and
(b) has ceased to reside in Australia, or intends to cease to reside in Australia; and
(c) intends to resume residing in Australia (whether in that Subdivision or elsewhere) not later than 6 years after ceasing to reside in Australia;
may apply to be treated as an eligible overseas elector. The application must be in the approved form and signed by the elector, and must be made to the Electoral Commissioner.
184A.
(1) An elector may apply to the Electoral Commissioner for registration as a general postal voter for a Division.
(2) An application shall be made on one of the following grounds:
(i) the applicant is a defence member, or defence civilian, who is serving outside Australia;
(j) the applicant is an AFP officer or staff member who is serving outside Australia;
(k) the applicant is an eligible overseas elector.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 94, 184A: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/12
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates e . By mail
Comments: Overseas Voting Centres are established at selected Australian Embassies, Consulates and High Commissions for each federal election.
(Australian Election Commission).
You can also vote by post.
183. Grounds of application for postal vote
A person may apply for a postal vote on any of the grounds set out in Schedule 2 (see Schedule 2; absence or inability to vote at polling station).
(Commonwealth Electoral Act 1918, section 183).
Source: Australian Election Commission: https://www.aec.gov.au/Voting/Ways_to_vote/overseas.htm
Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 183: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/08/01
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots d . Electronic voting machine g . Other
Comments: 202AB Regulations may provide for voting by an electronically assisted voting method
(1) The regulations may provide for sight-impaired people to vote by an electronically assisted voting method at general elections, Senate elections and by-elections.
233 Vote to be marked in private
(1) Except as otherwise prescribed the voter upon receipt of the ballot paper shall without delay:
(a) retire alone to some unoccupied compartment of the booth, and there, in private, mark his or her vote on the ballot paper;
(Commonwealth Electoral Act 1918, sections 202AB, 233).
128. Ballot paper, how to be marked by elector
(1) In an election where there are only 2 candidates on the ballot paper an elector shall mark his vote on the ballot paper by
placing the numeral “1” in the square opposite the name of the candidate for whom he votes.
129. Elector with disability etc., assistance for to vote
(1) If an elector cannot vote without assistance because the elector is sight impaired, physically incapacitated or illiterate, the elector may nominate a person (other than a candidate at the election or a scrutineer for a candidate) to assist the elector, and the nominated person must mark the elector’s ballot paper according to the directions of the elector and fold and deposit the ballot paper in the ballot box.
(Western Australia Electoral Act 1907, section 128, 129).
4.69. How to vote
(1) If only one office is to be filled at the election, an elector is to cast his or her vote by marking the ballot paper in accordance with regulations so as to indicate the candidate named on the ballot paper whom the elector wishes to be elected.
(Western Australia Local Government Act 1995, art. 4.69).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 202AB, 233: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, art. 128, 128: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Western Australia Local Government Act 1995, art. 4.69: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/08/02
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