Election legislation
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Constitution of NSW
The Constitution Act 1902:
Provides the legal framework by which the state is governed, including the broad powers and rules under which the Houses of Parliament called the Legislative Assembly and Legislative Council operate;
Provides that the Legislative Assembly is elected for a fixed four year term and that Members of the Legislative Council are elected for eight years, with half the members being elected at each Legislative Assembly election;
Sets out the systems of election, methods of voting and the counting of votes at elections for the Legislative Assembly and Legislative Council;
Provides that voting is compulsory for electors who are entitled to vote at a state election; and
Provides that there is a system of local government for NSW under which elected or duly appointed local government bodies are constituted in accordance with laws of NSW.
Electoral Act 2017
The Electoral Act 2017:
constitutes the NSW Electoral Commission and provides for the appointment of the NSW Electoral Commissioner;
sets out an electoral system for the election of members to the NSW Parliament;
provides a system for distributing New South Wales into electoral districts;
enables electors to vote;
provides for the registration of political parties in the Register of Parties; and
allows the Electoral Commissioner to enforce breaches of the Act.
Approvals under the Electoral Act 2017:
See some of the key changes that were made to the Electoral Act 2017.
Local Government Act 1993
The Local Government Act 1993:
provides a framework for local government for New South Wales;
sets out the responsibilities and powers of councils, councillors and mayors;
sets out an electoral system for the election of councillors and mayors to local government councils, including arrangements for the Electoral Commissioner to administer elections of councils; and
provides for the registration of political parties in the Local Government Register of Political Parties.