Australian Capital Territory Numbered Acts

COVID-19 EMERGENCY RESPONSE LEGISLATION AMENDMENT ACT 2020 (NO 2) (NO. 27 OF 2020) - SECT 15

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136D     Electronic declaration voting by electors outside Australia

    (1)     In this section:

"eligible elector", for an election, means an elector who is—

        (a)     entitled to vote at the election; and

        (b)     outside Australia during the relevant period.

"relevant period" means the period—

        (a)     beginning on the 3rd Monday in the ACT before polling day or, if that Monday is a public holiday, the next business day; and

        (b)     ending at 4 pm in the ACT on polling day.

"station"—see section 167.

    (2)     To remove any doubt, for this section, an Antarctic elector located at a station is taken to be outside Australia.

    (3)     An eligible elector for an election may apply to the commissioner to vote electronically for the election.

Note     If a form is approved under s 340A (Approved forms) for an application, the form must be used.

    (4)     The application must include a declaration that the applicant is an eligible elector for the election.

    (5)     The application must be received by the commissioner in the relevant period.

    (6)     If the commissioner receives an application in the relevant period from a person claiming to be an eligible elector for an election (the "applicant"), the commissioner must—

        (a)     if satisfied that the applicant's name is on the certified list of electors for an electorate—give the applicant an electronic ballot paper for the electorate to enable the applicant to vote electronically; or

        (b)     if not so satisfied—give the applicant an electronic ballot paper for the electorate in which the applicant claims to be enrolled to enable the applicant to vote electronically.

    (7)     The electronic ballot paper must be received by the commissioner not later than 6 pm in the ACT on polling day.