Right to Use Technology-Assisted Voting; Fines or Jail for Interfering With Electronic Votes; Public No Longer Has Automatic Right to Inspect Local Government Rate and Electoral Records
Local Government Amendment and Repeal Bill 2026
Legislative Assembly
Legislative Council
Assent
Topics
animal welfare criminal penalties data privacy elections information sharing local government privacy
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Eligible electors can now vote using approved technology-assisted voting at all elections, in addition to voting in person or by post. A vote cast this way cannot be disputed just because the elector could have voted without assistance.
Serious penalties apply for interfering with technology-assisted voting. A person who destroys or interferes with computer programs or devices used for this voting, or discloses the software's source code without permission, faces up to 5 years jail. Candidates or their agents who pressure electors to register for this voting face up to 24 months jail and a fine of $24,000.
Other electoral offences carry penalties, including a fine of $12,000 and up to 12 months jail for unlawfully communicating with or interfering with an elector while they are voting via technology, or for disclosing how an elector voted.
The Electoral Commissioner or the Local Government Inspector (or their authorised representatives) are the only people who can start prosecutions for electoral offences, though this does not limit the powers of the Director of Public Prosecutions.
The Governor can declare all member offices of a suspended council vacant if the Local Government Minister is satisfied that the suspension will likely end after a pre-general election period. This power applies regardless of when the suspension began.
The returning officer must cancel a candidate's nomination if they are ineligible or the nomination is ineffective, but they cannot do this once the declaration of nominations has begun.
Specific people--including candidates, the Local Government CEO, the Electoral Commissioner, and the Inspector--can lodge a complaint to dispute a local government election result. These complaints must be filed within 28 days of the result declaration or the close of nominations.
If a court declares that an unsuccessful candidate should have been elected, that person is legally regarded as elected.
The public no longer has an automatic right to inspect rate records, electoral rolls, or registers of owners and occupiers at local government offices. For registers of financial interests, the public can only see the town or suburb of a property address, not the full address.
The Local Government CEO cannot provide certain information unless they believe the public interest in doing so outweighs the privacy of the individuals involved. People who receive this information can be fined $10,000 if they disclose it or use it for an unagreed purpose, or fail to return or destroy it.
The Local Government (Miscellaneous Provisions) Act 1960 is repealed. Legal proceedings for offences committed under that Act can still be started or continued.
Regulations can now create offences and rules regarding stock that trespasses, escapes, or grazes in public places. This applies to livestock but excludes cats and dogs. Authorised people can humanely destroy and dispose of livestock if the local government cannot sell or dispose of them.
Investigations and prosecutions started before 1 January 2031 are not affected by the changes to electoral and local government laws made by this bill.