Electoral Act 1992

This Act may be cited as the Electoral Act 1992.

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

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.

If the number includes a fraction, the number must be rounded to the nearest whole number (rounding one-half upwards).

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.

For the purposes of this Act, 2 political parties are related political parties if—

1 is a part of the other; or

both are parts of the same political party.

A commission called the Electoral Commission of Queensland is established.

When the commission is performing its functions under part 3, the commission consists of the following commissioners—

the chairperson;

the electoral commissioner;

1 other commissioner.

When the commission is performing its functions other than its functions under part 3, the commission consists solely of the electoral commissioner.

The chairperson and the nonjudicial appointee—

are to be appointed by the Governor in Council; and

hold office on a part-time basis.

The person appointed as chairperson must—

be a judge or former judge of a court of the Commonwealth or a State or Territory; and

have been a judge for at least 3 years.

A person appointed as the nonjudicial appointee must be—

the chief executive of a department; or

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.

A person may be appointed as the chairperson or nonjudicial appointee only if the Minister has consulted—

with each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly about the proposed appointment; and

with the parliamentary committee about—

the process of selection for appointment; and

the appointment of the person as the chairperson or nonjudicial appointee.

The functions of the commission are to—

perform functions that are permitted or required to be performed by or under this Act, other than functions that a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; and

conduct a review of the appropriateness of the number of electoral districts whenever the Minister requests it, in writing, to conduct such a review, and report to the Minister the results of the review; and

consider, and report to the Minister on—

electoral matters referred to it by the Minister; and

such other electoral matters as it considers appropriate; and

promote public awareness of electoral matters by conducting education and information programs and in other ways; and

implement strategies to encourage persons, particularly those belonging to groups with traditionally low enrolment rates, to enrol as electors; and

implement strategies to maintain the integrity of the electoral rolls; and

administer, and promote compliance with—

part 11; and

the Local Government Electoral Act 2011, part 6; and

provide information and advice on electoral matters to the Legislative Assembly, the government, departments and government authorities; and

conduct and promote research into electoral matters and other matters that relate to its functions; and

publish material on matters that relate to its functions; and

perform any other functions that are conferred on it by or under another Act.

The commission (the Queensland commission) may perform any of its functions under subsection (1)(d) to (i) in conjunction with the Australian Electoral Commission.

The Governor may arrange with the Governor-General for the performance by the Australian Electoral Commission of any functions on behalf of the Queensland commission.

The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.

When performing its functions under part 3, the commission is to be known as the Queensland Redistribution Commission.

An appointed commissioner holds office, subject to this division, for such term (not longer than 7 years) as is specified in the commissioner’s instrument of appointment.

If the nonjudicial appointee was at the time of appointment the chief executive of a department, the person ceases to hold office if the person no longer holds office as chief executive of a department.

If the nonjudicial appointee was at the time of appointment the holder of an office mentioned in section 6(6)(b), the person ceases to hold office if the person no longer holds that office and does not hold office as chief executive of a department.

An appointed commissioner holds office on such terms, relating to remuneration and other matters not provided for by this Act, as are determined by the Governor in Council.

An appointed commissioner is to be appointed under this Act, and not under the Public Sector Act 2022.

The commission may grant an appointed commissioner leave of absence from a meeting of the commission.

An appointed commissioner may resign office by signed notice given to the Governor.

A commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the commission must, as soon as possible after the relevant facts have come to the commissioner’s knowledge, disclose the nature of the interest at a meeting of the commission.

The disclosure must be recorded in the minutes of the meeting of the commission and the commissioner must not, unless the Minister otherwise determines—

be present during any deliberation of the commission in relation to the matter; or

take part in any decision of the commission in relation to the matter.