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Local Government Electoral Regulation 2023

The LGER 2012 is repealed and replaced by the Local Government Electoral Regulation 2023 (LGER 2023), from 28 June 2023.

The LGER 2023 includes updates to the LGER 2012 as follows:

  1. fixing 16 March 2024 as the date of the 2024 local government quadrennial elections
  2. supporting the new local government electoral expenditure caps scheme (the scheme), including approving an updated Electoral Commission of Queensland procedure for electronic lodgement of returns
  3. clarifying the categories of electors who can access electronically assisted voting, adding ‘out-of-State voters’ as an additional class of these electors, and approving an updated Electoral Commission of Queensland procedure for electronically assisted voting

A summary of these updates is provided below. Details about these updates can be found in the Explanatory Notes to the LGER 2023.

1. Fixing 16 March 2024 as the date of the 2024 local government quadrennial elections

Under the Local Government Electoral Act 2011, a quadrennial election must be held on the last Saturday in March in every fourth year after 2012. However, a different Saturday for a quadrennial election for a particular year may be fixed by regulation.

In 2024, the last Saturday in March is 30 March 2024. Easter Saturday falls on this date, which also coincides with the school holiday period. Due to this timing, it was agreed with the Electoral Commission of Queensland to bring forward the date of the 2024 local government election.

To implement this change, the LGER 2023 fixes Saturday 16 March 2024 as the new date for the 2024 local government quadrennial election.

2. Supporting the new local government electoral expenditure caps scheme, including approving an updated procedure for electronic lodgement of returns

The provisions relate to the new local government electoral expenditure caps scheme in the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023 (the Amendment Act) commence by Proclamation on 28 June 2023. You can find out more about the scheme here.

The LGER 2023 prescribes:

  • a new start date for the capped expenditure period for the scheme as 14 August 2023.
  • application requirements for third parties incurring electoral expenditure of more than $6,000
  • the information required to be included in records for prescribed matters’ (for example, gifts or loans made to election participants)
  • approves the ‘Procedure for electronic lodgement of returns’, version 3.0
  • disclosure deadlines for:
    • electoral expenditure returns for registered third parties and third parties who are required to be registered
    • gift and loan returns for associated entities of candidates and groups
    • expenditure returns for associated entities of candidates and groups
  • transitional provision related to record keeping and minor changes to align with terminology and section references in the Amendment Act.

3. Updates to electronically assisted voting

Eligibility for electronically assisted voting

The LGER 2023 makes two changes to eligibility for electronically assisted voting.

  1. clarifies that electronically assisted voting is not available to special postal voters who are detained in lawful custody, they are instead required to use a declaration envelope.
  2. prescribes ‘out-of-State voters’ as an additional class of elector who may use electronically assisted voting

Electronically assisted voting procedure

The LGER 2023 approves the ‘Procedure for electronically assisted voting for local government elections’, version 3.0, made by the Electoral Commission of Queensland on 22 May 2023. These new procedures are consistent with the above changes to electronically assisted voting eligibility.

4. Minor amendments and transitional provisions

The LGER 2023 includes minor updates and transitional provisions to:

  • remove sections 11 to 16 of the LGER 2012, which are obsolete transitional provisions.
  • cover references to the repealed LGER 2012, providing that a reference in a document to the repealed LGER 2012 may, if the context permits, be taken to be a reference to the new LGER 2023.

Last updated: 23 Jun 2023