Electoral Act 1992 (Qld)

Electoral Act 1992

An Act relating to the parliamentary elections, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Electoral Act 1992.

2 Definitions The dictionary in schedule 1 defines particular words used in this Act.

3 Average number of enrolled electors for electoral districts (1) In this Act— average number of enrolled electors for electoral districts means the number worked out by dividing the total number of enrolled electors for all electoral districts by 93. (2) If the number includes a fraction, the number must be rounded to the nearest whole number (rounding one-half upwards).

4 When electoral redistribution etc. becomes final For the purpose of this Act, any electoral redistribution undertaken under this Act becomes final when all appeals, and proceedings in relation to appeals, that have been instituted under section 57 have been determined and the time for all such appeals and proceedings to be instituted has passed.

5 Related political parties For the purposes of this Act, 2 political parties are related political parties if— (a) 1 is a part of the other; or (b) both are parts of the same political party.

Part 2 Administration

Division 1 The electoral commission

6 Establishment of Electoral Commission of Queensland etc. (1) A commission called the Electoral Commission of Queensland is established. (2) When the commission is performing its functions under part 3, the commission consists of the following commissioners— (a) the chairperson; (b) the electoral commissioner; (c) 1 other commissioner. (3) When the commission is performing its functions other than its functions under part 3, the commission consists solely of the electoral commissioner. (4) The chairperson and the nonjudicial appointee— (a) are to be appointed by the Governor in Council; and (b) hold office on a part-time basis. (5) The person appointed as chairperson must— (a) be a judge or former judge of a court of the Commonwealth or a State or Territory; and (b) have been a judge for at least 3 years. (6) A person appointed as the nonjudicial appointee must be— (a) the chief executive of a department; or (b) the holder of an office established by or under an Act that the Governor in Council considers to be equivalent to the chief executive of a department. (7) A person may be appointed as the chairperson or nonjudicial appointee only if the Minister has consulted— (a) with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and (b) with the parliamentary committee about— (i) the process of selection for appointment; and (ii) the appointment of the person as the chairperson or nonjudicial appointee.