Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act unless the contrary intention appears:
"abbreviation" of the name of a political party means a shortened version, or an acronym, of the party's name and does not include an alternative name of the party.
"above the line" : a square is printed above the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(ii).
"AFP officer or staff member" means:
(a) a member or special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979 ; or
(b) a special protective service officer, within the meaning of that Act; or
(c) an AFP employee, within the meaning of that Act; or
(d) a person assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act.
"answers" : a person answers a mandatory question in the qualification checklist if the person marks one (and only one) box that is:
(a) directly under the question; and
(b) adjacent to the word "Yes" or "No", or (if applicable) "Unknown" or "N/A".
"Antarctica" means the Australian Antarctic Territory and includes:
(a) the Territory of Heard Island and McDonald Islands; and
(b) Macquarie Island.
"Antarctic elector" means an elector who is, in the course of the elector's employment:
(a) in Antarctica; or
(b) on a ship at sea in transit to or from Antarctica.
"approved form" means:
(a) a form that:
(i) is approved by the Electoral Commissioner in writing; and
(ii) has been published by the Electoral Commissioner; or
(b) a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described).
Note 1: An approved form under paragraph (a) might be published by the Electoral Commissioner on the Electoral Commission's website.
Note 2: An example of an approved form under paragraph (b) is giving a notice by using a specified web portal.
"approved list" of voters for a Division means a list in electronic form that:
(a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b) is approved by the Electoral Commissioner for use in connection with voting under this Act.
"Australia" includes:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
"Australian Capital Territory" includes (except in Part III) Norfolk Island and the Jervis Bay Territory.
Note: For the definition of Australian Capital Territory in Part III, see section 38A.
"Australian passport" means a passport issued under the Australian Passports Act 2005 .
"below the line" : a square is printed below the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(i).
"bulk nomination" has the meaning given by subsection 167(3).
"capital city office" of the Electoral Commission has the meaning given by subsection 90A(3).
"carriage service provider" has the meaning given by section 87 of the Telecommunications Act 1997 .
"Census" means a Census of the population taken under section 8 of the Census and Statistics Act 1905 .
"certified list of voters" , in respect of a Division, means a list prepared and certified under subsection 208(1).
"child" of a person includes:
(a) an ex - nuptial child of the person; and
(b) a child adopted by the person; and
(c) a child of the person within the meaning of the Family Law Act 1975 .
"civil penalty order" has the meaning given by subsection 82(4) of the Regulatory Powers Act.
"civil penalty provision" has the meaning given by the Regulatory Powers Act.
"compartment" means:
(a) in relation to a polling booth--a compartment constructed in the polling booth pursuant to section 206; and
(b) in relation to a place at which pre - poll ordinary voting is available--a compartment constructed in the place pursuant to section 200DE.
Note: For the places at which pre - poll ordinary voting is available, see section 200DD.
"Controller-General of Prisons" :
(a) of a State, the Australian Capital Territory (not including a non - self - governing Territory) or the Northern Territory (not including a non - self - governing Territory)--means the principal officer (however described) having control of the prisons and gaols of the State or Territory; and
(b) of a non - self - governing Territory--means the principal officer (however described) having control of the prisons and gaols of the non - self - governing Territory.
"courier service" means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner.
"declaration time" has the meaning given by subsection 175(2).
"declaration vote" means:
(a) a postal vote;
(b) a pre - poll declaration vote;
(c) an absent vote; or
(d) a provisional vote.
"de facto partner" of a person has the meaning given by the Acts Interpretation Act 1901 .
"defence civilian" has the same meaning as in the Defence Force Discipline Act 1982 .
"defence member" has the same meaning as in the Defence Force Discipline Act 1982 .
"Deputy Electoral Commissioner" means the Deputy Electoral Commissioner referred to in section 19.
"designated elector" : see subsection 202AH(1).
"dividing line" means the line on a ballot paper that separates the voting method described in subsection 239(1) from the voting method described in subsection 239(2).
"Division" means an Electoral Division for the election of a member of the House of Representatives.
"DRO" means Divisional Returning Officer.
"election and ballot matters" means matters relating to Parliamentary elections, elections, ballots under the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009 , and referendums.
"Elector" means any person whose name appears on a Roll as an elector.
"Electoral Commission" means the Australian Electoral Commission established by section 6.
"Electoral Commissioner" means the Electoral Commissioner referred to in section 18.
"electoral matter" has the meaning given by section 4AA.
"Eligible overseas elector" means an elector who is entitled under section 94 or 95 to be treated as an eligible overseas elector.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"Foreign Affairs Minister" means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
"foreign campaigner" means a person or entity referred to in a paragraph of section 287AA.
Note: A person or entity referred to in a paragraph of section 287AA is also a foreign donor for the purposes of Part XX.
"General election" means a general election of the members of the House of Representatives.
"Hospital" includes a convalescent home or an institution similar to a hospital or to a convalescent home.
"House of Representatives election" means an election of a member of the House of Representatives.
"how-to-vote card" means a card, handbill or pamphlet:
(a) that:
(i) is, or includes, a representation of a ballot paper or part of a ballot paper for an election (or something apparently intended to represent a ballot paper or part of a ballot paper for an election); and
(ii) is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or
(b) that lists the names of 2 or more of the candidates or registered political parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or
(c) that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet:
(i) that only relates to first preference votes; or
(ii) that only relates to last preference votes.
"Immigration Department" means the Department administered by the Minister who administers the Migration Act 1958 .
"Issuing point" , in relation to a polling booth, means a place within the polling booth at which ballot papers are issued to persons voting at the booth.
"Itinerant elector" means an elector who is entitled under section 96 to be treated as an itinerant elector.
"Justice of the Peace" means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State.
"listed carriage service" has the meaning given by section 16 of the Telecommunications Act 1997 .
"mandatory question" in the qualification checklist means a question to which the answer is "Yes" or "No", or (if applicable) "Unknown" or "N/A".
"next of kin" has a meaning affected by subsection (11).
"non-self-governing Territory" means Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.
"Northern Territory" includes (except in Part III) the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Note: For the definition of Northern Territory in Part III, see section 38A.
"nursing home" means an institution (other than a hospital) in which infirm, ill or disabled persons needing continuing nursing care are provided with accommodation and nursing care.
"officer" includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre - poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 28.
"Organization" includes:
(a) a body corporate;
(b) an association or other body of persons;
(c) an association that consists of 2 or more organizations within the meaning of the preceding paragraphs; and
(d) a part of an organization within the meaning of a preceding paragraph.
"Part" , in relation to an organization, includes:
(a) a branch or division of the organization; and
(b) a part of a part of the organization.
"police officer" means a member of the Australian Federal Police or of the police force of a State or Territory.
"political entity" means any of the following:
(a) a registered political party;
(b) a State branch (within the meaning of Part XX) of a registered political party;
(c) a candidate (within the meaning of that Part) in an election (including a by - election);
(d) a member of a group (within the meaning of that Part).
Note: For candidates and groups, see subsection 287(9).
"Political party" means an organization the object or activity, or one of the objects or activities, of which is the promotion of the election to the Senate or to the House of Representatives of a candidate or candidates endorsed by it.
"Polling booth" means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, in pursuance of paragraph 203(1)(a), for the purpose of taking votes during polling.
"polling official" means a deputy presiding officer or an assistant presiding officer.
"Polling place" means a place appointed as a polling place in pursuance of section 80.
"pre-poll declaration vote" : see subsection 200AA(2).
"pre-poll ordinary vote" : see subsection 200AA(2).
"pre-poll voting office" for an election means a place declared by the Electoral Commissioner under subsection 200BA(1) to be a pre - poll voting office for the election.
"pre-poll voting officer" means:
(a) an Assistant Divisional Returning Officer; or
(b) an officer appointed under section 200B.
"prescribed authority" means:
(a) the Agency Head of an Agency (within the meaning of the Public Service Act 1999 ) that is specified in regulations made for the purposes of this definition; or
(b) the chief executive officer of an authority of the Commonwealth that is specified in regulations made for the purposes of this definition.
"provisionally enrolled" has the meaning given by subsection (1B).
"provisional vote" means a vote cast under section 235.
"qualification checklist" means the checklist in Form DB of Schedule 1.
"real place of living" includes the place of living to which a person, when temporarily living elsewhere, has a fixed intention of returning for the purpose of continuing to live at that place.
"Registered medical practitioner" means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.
"Registered political party" means a political party that is registered under Part XI.
"Register of Political Parties" means the Register of Political Parties established under section 125.
"Registrar-General" :
(a) of a State, the Australian Capital Territory (not including a non - self - governing Territory) or the Northern Territory (not including a non - self - governing Territory)--means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the State or Territory; and
(b) of a non - self - governing Territory--means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the non - self - governing Territory.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"Returning Officer" includes Divisional Returning Officer, Assistant Returning Officer and Assistant Divisional Returning Officer.
"Roll" means an Electoral Roll under this Act.
"Senate election" means an election of Senators for a State or Territory.
"sentence of imprisonment" has the meaning given subsection (1A).
"Subdivision" means a subdivision of a Division.
"substitute presiding officer" means a person holding an appointment under section 204.
"Territory" means (except in Part III) the Australian Capital Territory or the Northern Territory.
Note: For the definition of Territory in Part III, see section 38A.
"video recording" includes a video recording that is recorded on means other than a videotape.
(1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if:
(a) the person is in detention on a full - time basis for an offence against a law of the Commonwealth or a State or Territory; and
(b) that detention is attributable to the sentence of imprisonment concerned.
(1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B.
(2) For the purposes of this Act, an organization shall be taken to endorse a candidate in an election if a part of the organization, or an organization of which the first - mentioned organization is a part, endorses the candidate in that election.
(3) A reference in this Act to age 16 enrolment shall be read as a reference to enrolment in pursuance of section 100.
(4) Where a Division is not divided into Subdivisions, a reference in this Act to a Subdivision shall, in relation to that Division, be read as a reference to that Division.
(5) In this Act, unless the contrary intention appears:
(a) a reference to a Division shall be read as including a reference to a Territory to which section 55A does not apply; and
(b) a reference to a Subdivision shall be read as including a reference to a District of that Territory specified in a notice published under subsection 79(1).
(6) This Act extends to:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
(7) In relation to a Senate election, a provision of this Act that:
(a) provides for the giving of a document to; or
(b) confers a power or function on;
the Australian Electoral Officer shall be taken to refer to the Australian Electoral Officer for the State or Territory in which the election is to be conducted.
(7A) Unless the contrary intention appears, a reference in this Act to an election or poll in, for or in relation to, a Division or Subdivision, includes a reference to a Senate election, or a poll for a Senate election, for the State or Territory that includes the Division or Subdivision.
(8) In relation to an election of a member of the House of Representatives for a Division, a provision of this Act that:
(a) provides for the giving of a document to; or
(b) confers a power or function on;
the Divisional Returning Officer shall be taken to refer to the Divisional Returning Officer for that Division.
(10) In this Act, a reference to the principal office of the Electoral Commission in a place is a reference to the office for the time being declared by the Electoral Commissioner, by notice published in the Gazette , to be the principal office of the Commission in that place.
(11) In determining whether a person is next of kin of another person, the following persons are also to be taken into account:
(a) a de facto partner of the person;
(b) a child of the person, or someone of whom the person is a child, because of the definition of child in this section;
(c) anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account.
(12) In this Act:
(a) a reference to a postal vote certificate printed on an envelope is taken to include a reference to a postal vote certificate that is placed inside an envelope; and
(b) a reference to an envelope on which a postal vote certificate is printed is taken to include a reference to an envelope that has a postal vote certificate placed inside.