Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts21. Section 136 of the Principal Act is repealed and the following Division heading and sections are substituted:
“136. In this Division, unless the contrary intention appears—
(a) who expects to be unable to attend at a polling place on polling day; or
(b) whose address is a suppressed address.
section—“(2) An application for postal voting papers shall be—
(a) in the approved form;
(b) signed and dated by the applicant in the presence of an authorised witness;
(c) signed and dated by the witness; and
(d) received by an authorised officer before 8 p.m. on the day before polling day.
“(3) Subject to subsections (4) and (5), an authorised officer shall, on application by an eligible elector, post to the elector postal voting papers for the electorate for which the person claims to vote.
“(4) Postal voting papers shall not be posted or otherwise made available to an elector earlier than the 19th day before polling day.
“(5) An officer shall not post postal voting papers to an applicant—
(a) if the application is received by the officer after the last mail clearance at the nearest post office on the last Thursday before polling day; or
(b) if the officer has reason to believe that the applicant is located in a place where the normal transmission of mail has been significantly disrupted or curtailed or is otherwise unreliable.
“(6) Where an authorised officer has received an application for postal voting papers for an eligible elector and the officer has reason to believe—
(a) that the applicant is a person to whom paragraph (5) (a) or (b) applies; and
(b) that dispatch of the papers to the elector by means of a courier or other agent (not being Australia Post or a postal service specified under subsection (9)) is likely to enable the papers to reach the elector in sufficient time for the elector's ballot paper to be completed and lodged in accordance with subsection (8);
the officer shall dispatch the papers accordingly.
“(7) Where voting papers are dispatched to the elector in accordance with this section, neither the officer nor the Commissioner is responsible for ensuring that the papers reach the elector.
“(8) Subject to section 156, the following requirements apply in relation to the casting of a postal vote under this section:
(a) the elector shall show the unsigned declaration and certificate, and the unmarked ballot paper to an authorised witness;
(b) the elector shall complete and sign the declaration in the presence of the witness;
(c) the witness shall complete and sign the certificate as witness;
(d) the elector shall, in the presence of the witness but so that the witness cannot see the vote, mark his or her vote on the ballot paper, fold the ballot paper, place it in the envelope addressed to the Commissioner and fasten the envelope;
(e) the elector shall—
(i) before polling day—post the envelope and contents to the Commissioner; or
(ii) on or before polling day—lodge the envelope and contents with the Commissioner or another officer.
“(9) The Commissioner, by writing, may specify a postal service instead of or in addition to Australia Post for the purposes of the definition of ‘post' in subsection (1).
section—“(2) This section applies where a person attends before an authorised officer during the relevant period and makes a declaration to the effect that he or she is an eligible elector.
“(3) Where this section applies, the officer shall issue a ballot paper to the elector for the relevant electorate if satisfied that the certified list of electors for the electorate—
(a) specifies the claimant's name;
(b) specifies an address for the claimant or indicates that the claimant's address is suppressed; and
(c) has not been marked so as to indicate that a ballot paper has already been issued to the claimant.
“(4) Despite subsection (3), an officer shall not issue a ballot paper to a person who indicates that he or she has already voted at the election.
“(5) Immediately after issuing a ballot paper to a claimant, the officer shall record the issue on the certified list of electors.
“(6) Section 134 applies to the casting of an ordinary vote under this section as if—
(a) it were a vote under section 133; and
(b) a reference in that section to an unoccupied voting compartment were a reference to an unoccupied part of the place at which the elector attends before the officer concerned.
“(7) Sections 120 to 123 (inclusive) apply in relation to polling under this section as if the place where that polling is conducted were a polling place.
“(8) Before any vote is taken under this section the OIC shall exhibit each ballot box empty and shall then securely fasten its cover.
“(9) At the conclusion of each day's polling under this section and in the presence of any scrutineers the ballot boxes shall be closed and sealed.
“(10) At the beginning of the second and each subsequent day's polling under this section and in the presence of any scrutineers the seals on the ballot boxes shall be examined and opened.
“(11) At the close of polling under this section, the OIC shall, in the presence of any scrutineers—
(a) close and seal the ballot boxes containing ballot papers for ordinary voting or declaration voting;
(b) parcel and enclose in sealed wrapping all unused ballot papers; and
(c) parcel and enclose in sealed wrapping all other electoral papers used at the polling place.
“(12) The OIC shall give the articles referred to in subsection (11) to the Commissioner.
“(13) The Commissioner shall keep the articles referred to in subsection (11) in safe custody for the purposes of scrutiny under Part XII.
“(14) Ballot papers cast as ordinary votes under this section may only be removed from ballot boxes and counted after the close of polling on polling day.
“(15) Where this section applies and the authorised officer is satisfied that—
(a) the certified list of electors for the electorate does not specify the person's name; or
(b) the certified list of electors for the electorate has been marked so as to indicate that a ballot paper has already been issued to the person but the person claims not to have voted already at the election;
the authorised officer shall issue declaration voting papers to the elector.
“(16) Despite subsection (15), an officer shall not issue declaration voting papers to a person who indicates that he or she has already voted at the election.
“(17) Where an authorised officer issues declaration voting papers to the elector the officer shall—
(a) give the claimant a statement in writing in the approved form indicating the consequences of casting a declaration vote under this section; and
(b) record the name of the claimant.
“(18) Subsection 135 (4) applies to the casting of a declaration vote under this section as if—
(a) it were a declaration vote under section 135; and
(b) a reference in that subsection to an unoccupied voting compartment were a reference to an unoccupied part of the place at which the elector attends before the officer concerned.
section—“(2) This section applies where a person attends before an authorised officer outside the Territory during the relevant period and makes a declaration to the effect that he or she is an eligible elector.
“(3) Where this section applies, the authorised officer shall issue declaration voting papers to the elector.
“(4) Despite subsection (3), an officer shall not issue declaration voting papers to a person who indicates that he or she has already voted at the election.
“(5) Where an authorised officer issues declaration voting papers to the elector the officer shall—
(a) give the claimant a statement in writing in the approved form indicating the consequences of casting a declaration vote under this section; and
(b) record the name of the claimant.
“(6) Subsection 135 (4) applies to the casting of a declaration vote under this section as if—
(a) it were a declaration vote under section 135; and
(b) a reference in that subsection to an unoccupied voting compartment were a reference to an unoccupied part of the place at which the elector attends before the officer concerned.”.