1 Name of Regulation
This Regulation is the Electoral Regulation 2018.
2 Commencement
This Regulation commences on 1 July 2018 and is required to be published on the NSW legislation website.
3 Definition
(1) In this Regulation:the Act means the Electoral Act 2017.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
4 Enrolment
For the purposes of section 32 (4) of the Act, an application for enrolment under section 32 (1) or (3), or for a change of address under section 32 (2), must be supported by one of the following:(a) if the applicant holds a driver licence issued under the law of a State or Territory—the number of the driver licence,(b) if the applicant holds an Australian passport—the number of the Australian passport,(c) an attestation as to the applicant’s identity that is:(i) in a form approved by the Electoral Commissioner, and(ii) signed by another person who is enrolled.
5 Procedure where same member relied on by 2 or more parties
(1) This clause applies, for the purposes of section 57 (2) of the Act, where a person is relied on by 2 or more parties as a member of the party for the purpose of qualifying or continuing to qualify as an eligible party.(2) In any such case, the Electoral Commission must:(a) request the person in writing to nominate, within 30 days of receiving the request, the party entitled to rely on the member, and(b) advise the parties in writing that the Electoral Commission has made that request.(3) If, as a result of a nomination made by the person or a failure by the person to make a nomination, a party ceases to qualify as an eligible party, the Electoral Commission must advise the party in writing of that fact and give the party at least 60 days in which to provide the requisite particulars and declarations of party membership of the necessary number of additional members of the party that it requires to qualify as an eligible party.
6 Child protection declarations by candidates—Ombudsman to provide access to documents to Children’s Guardian
The office of Ombudsman is prescribed for the purposes of paragraph (c) of the definition of prescribed person in section 98 (4) of the Act.
7 Voting in mobile voting centres—registered how-to-vote card additional requirements
(1) For the purposes of section 118 (9) (c) of the Act, it is an additional requirement that not more than one item of electoral material relating to a candidate may be made available for perusal by voters at declared facilities.(2) In the case of an Assembly general election or by-election, if more than one item of electoral material has been registered in relation to a particular candidate, the one item available for perusal, for the purposes of subclause (1), is to be the item nominated to the Electoral Commissioner by:(a) if a registered party has endorsed the candidate for election—the registered officer of the registered party or another person representing that officer, or(b) in any other case—the candidate.(3) In the case of a periodic Council election, if more than one item of electoral material has been registered in relation to a particular candidate, the one item available for perusal, for the purposes of subclause (1), is to be the item nominated to the Electoral Commissioner by:(a) if a registered party has endorsed the candidate for election—the registered officer of the registered party or another person representing that officer, or(b) if the candidate is included in a group—a person representing that group, or(c) in any other case—the candidate.
8 Official mark on ballot papers
For the purposes of section 165 (3) (c) of the Act, a mark depicting the arms of the State enclosed within a fastened oval belt which bears the words “Electoral Commission” and across the lower half of which is superimposed a banner bearing the words “New South Wales” (whether or not the mark depicts any other decorative matter) is prescribed as an official mark.
9 Savings—by-elections held before March 2019
The Parliamentary Electorates and Elections Act 1912 and the Parliamentary Electorates and Elections Regulation 2008 continue to apply as if that Act and that Regulation had not been repealed (and the Act and this Regulation do not apply) to a by-election that is required to be held before 23 March 2019.
10 Use of historic terms and phrases in instruments and documents
(1) In any document, a reference to a term used in Column 1 of the Table to this clause is, if used in relation to the general election to be held in March 2019, to be construed as a reference to the corresponding term in Column 2 of that Table.(2) In this clause, document means any Act or statutory or other instrument, or any contract or agreement (other than the Act or this Regulation).Table
Schedule 1 Penalty notice offences
For the purposes of section 263 of the Act:(a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.
Column 1 | Column 2 | Column 3 |
Provision | Penalty for a corporation | Penalty for an individual |
Offences under the Act | ||
Section 183 | $2,750 | $550 |
Section 184 (1) | $2,750 | $440 |
Section 184 (2) | $330 | $110 |
Section 185 (1) | $440 | $110 |
Section 186 (1) | $2,750 | $550 |
Section 187 | $2,750 | $550 |
Section 191 | $1,375 | $275 |
Section 193 | $275 | $275 |
Section 195 (1) | $2,750 | $550 |
Section 196 | $1,375 | $275 |
Section 197 | $275 | $275 |