Electoral Act 1992

The commission may appoint an elector as assistant returning officer, or electors as assistant returning officers, for an electoral district.

A person must not be appointed as an assistant returning officer if the person is—

a minor; or

a member of a political party.

Without limiting the powers of the commission to terminate the appointment of assistant returning officers, the commission must terminate the appointment of an assistant returning officer if the assistant returning officer becomes a member of a political party.

An assistant returning officer must assist the returning officer for the electoral district in performing the returning officer’s functions under this Act.

The commission may appoint an assistant returning officer for an electoral district to act as the returning officer for the electoral district—

during a vacancy in the office of returning officer; or

during any period, or all periods, when the returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.

While an assistant returning officer is assisting the returning officer or acting as returning officer—

the assistant returning officer has all the powers and functions of the returning officer; and

this Act applies to the assistant returning officer as if the assistant returning officer were the returning officer.

The commission may appoint a person to act as an assistant returning officer during any period, or all periods, when—

there is not an assistant returning officer for an electoral district; or

the assistant returning officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.

While a person is acting as assistant returning officer—

the person has all the powers and functions of the assistant returning officer; and

this Act applies to the person as if the person were the assistant returning officer.

Anything done by or in relation to a person while the person is purporting to act under this section is not invalid merely because the occasion for the person to act had not arisen or had ceased.

An assistant returning officer must act in accordance with any directions given by the commission.

An assistant returning officer’s membership of a political party, or failure to comply with section 32A, does not invalidate—

anything done by the assistant returning officer while the assistant returning officer is a member of a political party; or

if the assistant returning officer does a thing for an election while the assistant returning officer is a member of a political party—the election.