Local Government Electoral Regulation 2023

This regulation may be cited as the Local Government Electoral Regulation 2023.

This regulation commences on 28 June 2023.

For section 23(3) of the Act, the day fixed for the quadrennial election for 2024 is 16 March 2024.

For section 123A(2) of the Act, the day prescribed for the start of the capped expenditure period for the quadrennial election for 2024 is 14 August 2023.

For section 123S(4) of the Act, the day prescribed for the relevant day for the quadrennial election for 2024 is 1 July 2023.

For section 32(3) of the Act, definition prescribed information, the following information or statements are prescribed—

the candidate’s name, address and occupation;

for a candidate nominated by the registered officer of a registered political party under section 27(1)(a) of the Act—

the name of the registered officer; and

the name of the political party; and

a statement that the candidate is endorsed by the party;

for a candidate nominated by electors under section 27(1)(b) of the Act—the name of each elector who nominated the candidate;

the information or a statement required to be contained in the nomination under schedule 1 of the Act, other than the address of a close associate of the candidate.

For section 68(5B)(c) of the Act, the following classes of electors for an election are prescribed—

special postal voters who are not detained in lawful custody;

distance voters;

out-of-State voters.

In this section—

distance voter, for an election—

means an elector, other than a special postal voter or an out-of-State voter, whose address, as shown on the voters roll, is more than 20km by the nearest practicable route from a polling booth; and

if the election is a by-election—also means an elector, other than an out-of-State voter, who can not, for another reason, vote at a polling booth during the voting period for the by-election.Example of an elector for paragraph (b)—

an elector who will be absent from the elector’s local government area or division of the local government area for the whole of the voting period for the by-election

out-of-State voter, for an election, means an elector who is not in Queensland at any time during the voting period.

voting period, for an election, means the period—

starting on the first day that a pre-poll vote may be made for an election; and

ending on the close of the poll for the election.

For section 75A(3)(a) of the Act, the procedures set out in the document called ‘Procedure for electronically assisted voting for local government elections’, version 3.0, made by the electoral commission on 22 May 2023 are approved.

For section 106 of the Act, definition auditor, the qualifications prescribed are any of the following—

registration as an auditor under the Corporations Act;

membership of CPA Australia Ltd ACN 008 392 452 and an entitlement to use the letters ‘CPA’ or ‘FCPA’;

membership of the Institute of Public Accountants Ltd ACN 004 130 643 and an entitlement to use the letters ‘MIPA’ or ‘FIPA’;

membership of Chartered Accountants Australia and New Zealand ARBN 084 642 571 and an entitlement to use the letters ‘CA’ or ‘FCA’.

For section 127F(2)(b) of the Act, the following details are prescribed—

the election to which the application relates;

the following details in relation to the third party—

if the third party is an individual—

date of birth;

address as shown on the electoral roll;

if the third party is not an individual—ABN or ACN;

business address;

telephone number;

email address.

This division states, for section 127N(1)(b) of the Act, information that is required to be included in a record for a prescribed matter.

This section applies for a record about a gift or loan made to, or for the benefit of, a relevant entity for an election, other than a third party.

The following information must be included in the record—

the relevant details for the gift or loan;

a statement that the person who made the gift or loan is not a prohibited donor;

for a record about a gift—how the value of the gift is worked out under section 108 of the Act;

for a record about a gift that is refunded or returned in full or in part—

the day the refund was given or the return was made; and

the value refunded or returned; and

for a return of a gift of property other than money—how the value of the gift, or the part of the gift, returned is worked out under section 108 of the Act.

If the record is about a gift that is electoral expenditure gifted to the relevant entity, the following information must also be included in the record—

details about how the electoral expenditure benefits the entity;

details of the circumstances mentioned in section 109C(1)(b)(i) or (ii) of the Act that apply;

details of the consideration, if any, the entity provided for the electoral expenditure;

a copy of an invoice, if any, issued to the entity for the electoral expenditure;

for electoral expenditure incurred under an arrangement between the entity and 1 or more other relevant entities in the election—details of the arrangement.

In this section—

prohibited donor see section 113(1) of the Act.