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Local Government Electoral Act 2011 – 20 November 2015

Local Government Electoral Regulation 2012 – 1 July 2016

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The functions of the electoral commission include conducting quadrennial elections, by-elections or fresh elections for local governments. For the types of local government elections, refer to section 22 of the Act. For details on eligibility to vote, see section 64 of the Act. Pursuant to section 66 of the Act, voting at an election is compulsory for electors. For the ways in which votes may be cast by electors, refer to section 67 of the Act. Note: A failure to vote will trigger a notice from the electoral commission pursuant to section 165 of the Act.

  • Sections 8, 22, 64, 66, 67, 100, 165, 166, 168, 202

The electoral commission must ensure the most recent version of all voters rolls is available for inspection by members of the public at the commission’s public office.

  • Section 20

The returning officer must publish notice of an election in a newspaper circulating generally in the local government area, or division of the local government area, for which the election is to be held. The notice must state nominations must be given to the returning officer; and invite nominations of candidates. For who may be nominated, refer to section 26 of the Act. For the process of nomination (and certification of a nomination), refer to section 27 of the Act.

  • Sections 4, 25, 26, 27, 28, 29, 32, 34, 35, 39, 40, 41, 42, 59, 101, 107, 117, 118, 119, 120, 121, 126, 127, 183, Schedule

If: (a) the third party incurs expenditure for a political activity relating to the election during the disclosure period for the election; and (b) the total amount of all the third party’s expenditure for the political activities during the disclosure period is $200 or more; THEN the third party must, within the required period after the election, give the electoral commission a return about the expenditure. For the definition of ‘third party’, refer to section 123 of the Act. Disclosure requirements may also apply to gifts received by third parties by virtue of section 125 of the Act.

  • Sections 123, 124, 125

A person must not, during the election period for an election: (a) print, publish, distribute or broadcast; or (b) allow or authorise another person to print, publish, distribute or broadcast; any advertisement, handbill, pamphlet or notice containing election material unless there appears, or is stated, at its end the particulars required. The particulars required are the name and address, other than a post office box, of the person who authorised the advertisement, handbill, pamphlet or notice. For requirements relating to distributed how-to-vote cards, refer to section 178 of the Act. For the definitions of ‘distribute’ and ‘how-to-vote card’, refer to the Schedule of the Act.

  • Sections 4, 177, 178, 179, Schedule

The proprietor of a newspaper must not print in the newspaper any article, or a paragraph, containing information that relates to an election or a matter debated in the election if: (a) either: (i) the insertion of the article or paragraph is, or is to be, paid for; or (ii) any reward or compensation, or promise of reward or compensation, is, or is to be, made for the insertion of the article or paragraph; and (b) the proprietor does not cause the word ‘advertisement’ to be printed as a headline to the article or paragraph in letters not smaller than 10 point or long primer.

  • Section 181

A person must not, for the purpose of affecting the election of a candidate, knowingly publish a false statement of fact about the personal character or conduct of the candidate.

  • Section 182

If: (a) an employee who is an elector asks his or her employer, before polling day for an election, for leave of absence to vote at the election; and (b) the absence is necessary to enable the employee to vote at the election, then the employer must allow the employee leave of absence for a reasonable period, up to 2 hours, to enable the employee to vote at the election, unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned.

  • Section 184
Reason for law

To ensure the transparent conduct of elections of councillors of Queensland’s local governments. (Section 3)

Relevant links

Local government elections [Department of Infrastructure, Local Government and Planning]

Voting in a Local Government Election [Electoral Commission Queensland]

Local Government Association of Queensland (LGAQ)

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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