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These regulations may be cited as the Electoral Regulations 1996.
In these regulations, unless the contrary intention appears —
ballot paper envelope means an envelope referred to in section 100D(2)(c) of the Act or in regulation 11(1)(c) or (3)(b) or 13(1)(b);
record means any thing or process —
upon or by which information is recorded or stored; or
by means of which a meaning can be conveyed by any means in a visible or recoverable form,
whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning.
[Regulation 2 amended: Gazette 10 Nov 2000 p. 6164; 11 May 2007 p. 1995; SL 2024/124 r. 34.]
In any form of declaration or statement made, or to be made, by an officer, clerk, elector or voter, in relation to an election or referendum, a reference in the declaration or statement to a district is, unless the contrary intention appears, to be read and construed, as well, as a reference to the whole of State electorate.
[Regulation 3 amended: SL 2022/195 r. 4.]
The provisions of these regulations, and the forms prescribed in these regulations apply, as nearly as is practicable and with such modifications as are, in the opinion of the Electoral Commissioner, necessary or expedient, as well to more than one election, including one or more referendums, held on the same day as to any other election.
[Regulation 4 amended: SL 2022/195 r. 5.]
[Heading inserted: SL 2024/124 r. 35.]
[5. Deleted: Gazette 20 Oct 2000 p. 5927.]
The declaration by an officer prescribed for the purposes of section 15A of the Act is the declaration in Form 1 in Schedule 2.
[(2)‑(4) deleted]
[Regulation 6 amended: Gazette 8 Nov 1996 p. 6267; SL 2024/124 r. 36.]
The forms in Schedule 3 are prescribed in relation to the matters specified in the forms.
If a form in a schedule is to be completed by the insertion of particulars required in the form, those particulars are prescribed as the particulars required under the provision of the Act or of these regulations for the purposes of which the form is prescribed.
If a form in a schedule contains directions for its completion the form is to be completed in accordance with those directions.
[Heading inserted: SL 2024/124 r. 37.]
For the purposes of section 40A(g) of the Act, the date of birth is a detail to be entered on the register of electors.
[Regulation 7A inserted: SL 2024/124 r. 38.]
This regulation applies to register extracts made available for inspection by the public under section 62AA of the Act.
For the purposes of section 62A(4)(a) of the Act, the register extracts must not include —
the gender of electors; or
the name of silent electors; or
the name of a person who has applied to be a silent elector under section 51B of the Act; or
the information the subject of a direction of the Electoral Commissioner made under subregulation (3).
If the Electoral Commissioner considers that information contained in the register of electors should not be disclosed in a register extract for privacy or similar reasons, the Electoral Commissioner may, by written notice published on the Commission website, direct that a register extract not include that information.
A direction made under subregulation (3) may apply generally or to a particular register extract.
[Regulation 7B inserted: SL 2024/124 r. 38.]
This regulation applies to enrolment information other than register extracts.
If the Electoral Commissioner considers that a silent elector’s name should not be disclosed as part of enrolment information for privacy or similar reasons, the Electoral Commissioner may omit the names of silent electors when enrolment information is disclosed.
If the Electoral Commissioner makes a decision under subregulation (1), the Electoral Commissioner must give the person to whom the enrolment information is disclosed a written notice indicating that the names of silent electors are omitted under this regulation.
[Regulation 7C inserted: SL 2024/124 r. 38.]
A roll must include the details of an elector the subject of a direction made under subregulation (2).
The Electoral Commissioner may, by written notice published on the Commission website, direct that details from the register of electors about an elector must be included on the roll for the purposes of better identifying the elector on the roll.
A direction under subregulation (2) may apply —
to all rolls or to a particular roll; and
to all electors or particular electors.
[Regulation 8 inserted: SL 2024/124 r. 38.]
[9. Deleted: Gazette 10 Nov 2000 p. 6164.]