Electoral Act 2017 (NSW)

Electoral Act 2017 No 66

An Act to make provision with respect to the election of members of Parliament; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Electoral Act 2017.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to constitute an independent Electoral Commission for New South Wales and to provide for the appointment of an independent Electoral Commissioner for New South Wales, (b) to promote and maintain an electoral system characterised by accessibility, integrity and fairness that provides for the election of members of Parliament of New South Wales in accordance with the Constitution Act 1902, (c) to provide for a fair and transparent process for the distribution of New South Wales into electoral districts for elections for the Legislative Assembly, (d) to facilitate and protect the integrity of representative government in New South Wales, (e) to enable the citizens of New South Wales to participate freely in fair and transparent electoral processes, (f) to facilitate the fair and transparent conduct of elections in New South Wales, (g) to provide guidance to members of Parliament, parties, groups and candidates in relation to their rights, responsibilities and obligations in relation to the conduct of elections under this Act.

4 Definitions (1) In this Act— abbreviation, in relation to the name of a party, includes an alternative name of the party. address, of an individual—see subsection (3). approved means approved by the Electoral Commissioner. Assembly means the Legislative Assembly of New South Wales. Assembly general election means the election held for members of the Assembly next following the dissolution or expiry of the Assembly. authorised roll, for an election, means the roll prepared for the election under Division 6 of Part 5. ballot counting place means a place appointed by the Electoral Commissioner for the counting of ballot papers under section 163. by-election means an election held for the return of a member of the Assembly other than in connection with an Assembly general election. child protection declaration means a child protection declaration made under Division 4 of Part 7. close of voting means 6 pm on election day (or on any day to which the conduct of an election has been adjourned). Commonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth. Council means the Legislative Council of New South Wales. declaration vote means a vote cast in accordance with Division 9 of Part 7. declared facility—see section 117. display a poster or electoral material includes exhibit or post up the poster or electoral material, and publicly display means display, as so defined, within or within view of a public place. driver licence means a driver licence issued under the Road Transport Act 2013. early voting centre means a voting centre designated by the Electoral Commissioner under section 108 (4) (a) to be an early voting centre for the purpose of an election. election means an election of any member or members of the Assembly or a periodic Council election. election day, in relation to an election, means the day specified in the writ for the election as the day for the taking of the poll for the election. election manager means a person appointed as an election manager under section 81 (3). election official means a person appointed as an election official under section 81 (1). elector means any person entitled to vote at an election under Part 4. Electoral Commission means the New South Wales Electoral Commission constituted by section 8. Electoral Commissioner means the Electoral Commissioner appointed under section 11. electoral district or district means a district for the election of a member to serve in the Assembly. Electoral Information Register means the register kept and maintained by the Electoral Commissioner under Division 4 of Part 5. electoral material means any thing, including without limitation a how-to-vote card, poster or advertisement, containing electoral matter (whether in a tangible or an electronic form). electoral matter means— (a) any matter that is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held or that is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any election, or (b) the name of a candidate at any election, the name of the party of any such candidate, the name or address of the headquarters or campaign office of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter that purports to depict any such candidate or to be a likeness or representation of any such candidate. electoral paper includes any written claim or application, any approved form and any prescribed form under this Act. eligible overseas elector means an elector under this Act who is also enrolled under section 94, 94A or 95 of the Commonwealth Act. enrolled means enrolled by the Electoral Commissioner under Part 5.