Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 100

100. After Part XIII of the Principal Act the following Part is inserted:
''PART XIIIA-SPECIAL PROVISIONS RELATING TO THE POLLING IN
ANTARCTICA Interpretation

''128B. In this Part-

'Antarctica' means the Australian Antarctic Territory and includes-

   (a)  the Territory of Heard Island and McDonald Islands; and

   (b)  Macquarie Island;

'Antarctic elector' means an elector who-

   (a)  is, in the course of his employment, in Antarctica on the polling day
        for an election; and

   (b)  has made a request under section 128E that he be treated, while he is
        in Antarctica, as an Antarctic elector;

'station' means a research station in Antarctica that is operated by the
Commonwealth;

'transmit' includes transmit by radio-telephone or telex.
Antarctic Returning Officers and Assistant Antarctic Returning Officers

''128C. (1) There shall be an Antarctic Returning Officer, and an Assistant
Antarctic Returning Officer, for each station.

''(2) Antarctic Returning Officers and Assistant Antarctic Returning Officers
shall be appointed by the Electoral Commission by instrument in writing.

''(3) The person in charge of a station shall not be appointed to be the
Antarctic Returning Officer, or Assistant Antarctic Returning Officer, for
that station.

''(4) The person in charge of a station may, by instrument in writing, appoint
a person (including the Assistant Antarctic Returning Officer) to act as the
Antarctic Returning Officer for the station during any period, or during all
periods, when the Antarctic Returning Officer for the station is absent from
duty at the station, is absent from Antarctica, or is for any other reason
unable to perform the functions of his office.

''(5) The person in charge of a station may, by instrument in writing, appoint
a person to act as the Assistant Antarctic Returning Officer for the station
during any period, or during all periods, when the Assistant Antarctic
Returning Officer for the station is acting as Antarctic Returning Officer for
the station, is absent from duty at the station, is absent from Antarctica, or
is for any other reason unable to perform the functions of his office.

''(6) While a person is acting as the Antarctic Returning Officer, or as the
Assistant Antarctic Returning Officer, for a station, he has and may exercise
all the powers, and shall perform all the functions, of the Antarctic
Returning Officer, or the Assistant Antarctic Returning Officer, for the
station, as the case requires. Application of Part XIII to polling in
Antarctica

''128D. (1) Except as provided by this Part, the provisions of Part XIII
(other than sub-sections 112 (1) and (2) and 113 (4), and sections 120, 122,
123 and 124) do not apply to the taking of a poll in Antarctica.

''(2) In the application, by virtue of this Part, of a provision of Part XIII
to the taking of a poll in Antarctica-

   (a)  a reference in that provision to the presiding officer in relation to
        a polling place shall be read as a reference to the Antarctic
        Returning Officer in relation to a station; and

   (b)  a reference in that provision to the poll clerk in relation to a
        polling place shall be read as a reference to the Assistant Antarctic
        Returning Officer in relation to a station.
Antarctic electors

''128E. (1) An elector who expects that he will be, in the course of his
employment, in Antarctica may, by notice given to the Divisional Returning
Officer for the Division for which he is enrolled, request that he be treated,
while he is in Antarctica, as an Antarctic elector in relation to any election
the polling day of which occurs while the elector is in Antarctica.

''(2) A notice under sub-section (1) shall be given to a Divisional Returning
Officer by lodging it with or sending it by post to the Divisional Returning
Officer.

''(3) A notice under sub-section (1) is not effective, in relation to an
election, unless it is received by a Divisional Returning Officer before the
hour of nomination for the election.

''(4) Upon the receipt of a request made by an elector under sub-section (1),
the Divisional Returning Officer shall-

   (a)  annotate the Roll for the Subdivision for which the elector is
        enrolled so as to indicate that the elector is an Antarctic elector;
        and

   (b)  cause the certified list of voters for each election the polling day
        of which occurs while the elector is in Antarctica to be annotated so
        as to indicate that the elector is an Antarctic elector.

''(5) Notwithstanding anything in sub-section 41 (1) or (2), while a person is
entitled to be treated as an Antarctic elector by virtue of an annotation
under sub-section (4) to the Roll for a Subdivision, the person is entitled
to-

   (a)  have his name retained on the Roll for the Subdivision; and

   (b)  vote as an elector of the Subdivision.

''(6) A Divisional Returning Officer shall delete an annotation made under
sub-section (4) in relation to an elector immediately after he becomes aware
that the elector has ceased to be in Antarctica. Arrangements for the polling
in Antarctica

''128F. (1) If, in the case of a Senate election, the proceedings stand
adjourned to polling day, an Australian Electoral Officer for a State on the
Roll for which there is an Antarctic elector in relation to the election shall
immediately cause to be transmitted to the Antarctic Returning Officer at
whose station the elector is based-

   (a)  directions for the preparation by the Antarctic Returning Officer of
        ballot-papers for use in relation to the election to be held in the
        State; and

   (b)  the name of the elector and the particulars relating to the elector
        that are entered on the Roll for the State.

''(2) If, in the case of a House of Representatives election, the proceedings
on the day of nomination stand adjourned to polling day, a Divisional
Returning Officer on the Roll for whose Division there is an Antarctic elector
in relation to the election shall immediately cause to be transmitted to the
Antarctic Returning Officer at whose station the elector is based-

   (a)  directions for the preparation by the Antarctic Returning Officer of
        ballot-papers for use in relation to the election to be held in the
        Division; and

   (b)  the name of the elector and the particulars relating to the elector
        that are entered on the Roll for the Division.

''(3) Where information is transmitted by an Australian Electoral Officer or a
Divisional Returning Officer to an Antarctic Returning Officer in pursuance of
this section, both the Australian Electoral Officer or the Divisional
Returning Officer, as the case may be, and the Antarctic Returning Officer
shall, immediately after the transmission, cause a statement in writing of the
information transmitted to be prepared.

''(4) Sections 104, 105A, 106A, 106B and 106C apply in relation to
ballot-papers prepared under this section as if a reference in sections 105A,
106A and 106C to the printing of ballot-papers were a reference to such
preparation. Ballot-papers to be initialled

''128G. Section 107 applies to the polling at a station in Antarctica as if
the reference in that section to the proper officer were a reference to the
Antarctic Returning Officer for that station. Candidates not to take part in
polling

''128H. A candidate shall not take part in any way in the conduct of the
polling in Antarctica. The polling in Antarctica

''128J. (1) The polling at a station in Antarctica shall be conducted as
follows:

   (a)  before any vote is taken, the Antarctic Returning Officer for the
        station shall exhibit the ballot-box empty, and shall then securely
        fasten its cover;

   (b)  the poll shall be open during such hours on such days as the Antarctic
        Returning Officer, subject to sub-section (2), directs; and

   (c)  the Antarctic Returning Officer or the Assistant Antarctic Returning
        Officer shall, at all times at which the poll is open, be present in
        that part of the station at which the polling is taking place.

''(2) The polling at a station in relation to an election shall not continue
beyond 6 o'clock in the afternoon by standard time in the Australian Capital
Territory on the day of polling in the election. Entitlement of Antarctic
electors to vote

''128K. An Antarctic elector whose name has been transmitted to the Antarctic
Returning Officer for a station in pursuance of paragraph 128F (1) (b) or (2)
(b), as the case may be, is entitled to vote at the station during the period
when the poll is open at that station. Questions to be put to voter

''128L. (1) The Antarctic Returning Officer for a station shall put the
following questions to each person claiming to vote at the station in an
election or elections:

   (a)  What is your full name?

   (b)  Have you voted before in this election? or Have you voted in these
        elections? (as the case requires).

''(2) If a person who claims to vote at a station and to whom questions are
put under this section-

   (a)  refuses to answer fully any question so put to him; or

   (b)  does not answer the question referred to in paragraph (1) (b)
        absolutely in the negative, when put to him,
his claim to vote at the station shall be rejected. Right of Antarctic elector
to receive ballot-paper

''128M. The Antarctic Returning Officer or the Assistant Antarctic Returning
Officer for a station shall, at the polling, give to each person claiming to
vote at the station a ballot-paper for the Division or State, as the case
requires, for which the person is enrolled, duly initialled by the Antarctic
Returning Officer, if the name under which he claims to vote has been
transmitted to the Antarctic Returning Officer in pursuance of paragraph 128F
(1) (b) or (2) (b), as the case may be, and the person's claim to vote is not
rejected. List of Antarctic electors to be marked

''128N. Immediately upon giving a ballot-paper to the person claiming to vote,
the Antarctic Returning Officer or the Assistant Antarctic Returning Officer
shall record on the statement prepared by him under sub-section 128F (3) the
fact that the ballot-paper has been given to that person. Application of
sections 119 and 120

''128P. Sections 119 and 120 apply to the polling at a station as if-

   (a)  each reference in those sections to an unoccupied compartment of the
        booth were a reference to an unoccupied part of the station; and

   (b)  paragraph 119 (c) were omitted.
Proceedings by Antarctic Returning Officer upon close of poll

''128Q. At the close of the poll, the Antarctic Returning Officer shall, in
the presence of the Assistant Antarctic Returning Officer-

   (a)  open the ballot-box; and

   (b)  transmit, or cause to be transmitted, to the Australian Electoral
        Officer for each State for which there is enrolled an Antarctic
        elector who has voted in elections held in the State in the poll taken
        at the station-

        (i)    particulars of each such elector who has so voted;

        (ii)   unless sub-paragraph (iii) applies-particulars of the marking
               of each ballot-paper; and

        (iii)  if the Antarctic Returning Officer is unable clearly to read or
               understand the particulars referred to in sub-paragraph (ii)-a
               statement to that effect together with such information
               relating to those particulars as the Antarctic Returning
               Officer thinks sufficient to explain that inability; and

   (c)  cause a statement in writing of the information transmitted to be
        prepared. Result of the polling in Antarctica

''128R. (1) Upon receipt of the particulars referred to in sub-paragraph 128Q
(b) (ii), an Australian Electoral Officer shall forthwith-

   (a)  initial the back of a postal ballot-paper appropriate for the State or
        Division for which the vote was cast; and

   (b)  cause those particulars to be transcribed onto the postal
        ballot-paper;

   (c)  seal the postal ballot-paper in an envelope;

   (d)  indorse the envelope with his signature; and

   (e)  cause to be sent to the Divisional Returning Officer for the Division
        to which the ballot-paper relates the envelope containing the postal
        ballot-paper.

''(2) An officer shall not mark a postal ballot-paper under this section in a
manner that is likely to enable the ballot-paper to be identified as
representing the vote of an Antarctic elector.

''(3) Upon receipt of information under sub-section (1), an Australian
Electoral Officer shall forthwith-

   (a)  cause a statement in writing of that information to be prepared; and

   (b)  cause to be sent to each Divisional Returning Officer for a Division
        to which a ballot-paper referred to in paragraph (1) (b) relates
        particulars of the Antarctic electors who have voted in the election
        in relation to the Division.

''(4) A reference in Part XIV to scrutiny-

   (a)  includes a reference to scrutiny of any act or thing done in pursuance
        of paragraphs (1) (a) to (d) (inclusive); and

   (b)  does not include a reference to scrutiny of-

        (i)    any act or thing done in Antarctica; or

        (ii)   the transmission of any information to or from Antarctica.

''(5) For the purposes of sub-sections 135 (3) and 136 (3), a ballot-paper
marked in accordance with paragraph (1) (b) shall be deemed to have been used
for voting in pursuance of Part XII. Preservation of ballot-papers, &c.

''128S. (1) As soon as practicable after the close of the poll for an
election, the Antarctic Returning Officer for each station shall forward to
the Electoral Commission a copy of the statements prepared by him under
sub-section 128F (3) and paragraph 128Q (c) and the ballot-papers prepared by
him and used for voting in Antarctica.

''(2) The documents to which this sub-section applies that are used at or in
connection with an election shall be preserved in accordance with directions
of the Commission for the purposes of this sub-section until-

   (a)  the election can no longer be questioned; or

   (b)  the expiration of the period of 6 months commencing on the date of the
        declaration of the poll,
whichever last occurs.

''(3) Sub-section (2) applies to the following documents:

   (a)  the statements referred to in sub-section 128F (3), paragraph 128Q (c)
        and paragraph 128R (3) (a);

   (b)  the postal ballot-papers referred to in paragraph 128R (1) (b); and

   (c)  the ballot-papers prepared by an Antarctic Returning Officer and used
        for voting in Antarctica.
Application of Part

''128T. This Part applies in relation to a Territory as if a reference in this
Part to a State were a reference to a Territory.''.