Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 62

62. After section 85 of the Principal Act the following sections are inserted:
Registration of general postal voters

''86. (1) In this section, 'prescribed elector' means-

   (a)  an elector-

        (i)    who is enrolled for a Subdivision that is a remote Subdivision
               by virtue of an appointment under section 26; and

        (ii)   whose real place of living is not within 20 kilometres, by the
               nearest practicable route, of a polling place;

   (b)  an elector who-

        (i)    is a patient in a hospital (not being a hospital that is a
               polling place or a special hospital); and

        (ii)   by reason of being seriously ill or infirm is unable to travel
               from the hospital;

   (c)  an elector who-

        (i)    is not a patient in a hospital; and

        (ii)   by reason of being seriously ill or infirm, is unable to travel
               from the place where he resides;

   (d)  an elector who-

        (i)    is serving a sentence of imprisonment; or

        (ii)   is otherwise in lawful custody or detention;

   (e)  an elector who is enrolled pursuant to a claim made under sub-section
        40 (3); or

   (f)  an elector whom a registered medical practitioner has certified, in
        writing, to be so physically incapacitated that he cannot sign his
        name.

''(2) A prescribed elector may make application to the Divisional Returning
Officer for the Division for which the elector is enrolled to be registered as
a general postal voter for the Division.

''(3) An application under sub-section (2) in relation to an elector to whom
paragraph (1) (e) or (f) applies may be made by another person acting on
behalf of the elector.

''(4) The certificate referred to in paragraph (1) (f) shall be lodged with
the application under sub-section (2) to which it relates.

''(5) An application under sub-section (2) shall be in the approved form.

''(6) Where a Divisional Returning Officer is satisfied that an elector making
an application under sub-section (2) is-

   (a)  enrolled in the Division for which he is Divisional Returning Officer;
        and

   (b)  a prescribed elector,
the Divisional Returning Officer shall register the elector as a general
postal voter for the Division by entering the name of the elector in the
Register referred to in sub-section (11).

''(7) Where a claim for enrolment or transfer of enrolment is made in respect
of a person pursuant to sub-section 40 (3) and the claim indicates that the
person wishes to be a registered general postal voter, the Divisional
Returning Officer for the Division for which the person is claiming enrolment
shall, forthwith upon enrolment, register the person as a general postal voter
by entering the name of the person in the Register referred to in sub-section
(11).

''(8) Where a Divisional Returning Officer for a Division registers an elector
as a general postal voter for that Division, he shall advise the elector, in
writing, of the registration.

''(9) Where a Divisional Returning Officer for a Division is not satisfied
that an elector making an application under sub-section (2) is enrolled for
that Division, he shall advise the elector, in writing, to that effect.

''(10) Where a Divisional Returning Officer for a Division is not satisfied
that an elector who is enrolled for that Division and who makes an application
under sub-section (2) is a prescribed elector, he shall advise the elector, in
writing, to that effect.

''(11) A Divisional Returning Officer for a Division shall cause a Register of
General Postal Voters for that Division to be kept and shall cause to be
entered in the Register in relation to an elector who is registered as a
general postal voter for the Division-

   (a)  the name of the elector;

   (b)  the address shown, on the Roll for the Subdivision for which the
        elector is enrolled, as the real place of living of the elector; and

   (c)  such other particulars as the Electoral Commission determines.

''(12) A register kept in accordance with sub-section (11) shall be open for
public inspection, without fee, during ordinary office hours at the office of
the Divisional Returning Officer for the Division.

''(13) A Divisional Returning Officer for a Division may cancel the
registration of an elector as a general postal voter for that Division in such
circumstances as are prescribed.

''(14) A person shall not make, and a person shall not induce another person
to make, any false statement in, or in connection with, an application under
sub-section (2) or in any declaration contained in, or made in connection
with, such application.

Penalty: $1,000 or imprisonment for 6 months, or both.

''(15) Registration under this section of an elector (other than an elector to
whom paragraph (1) (e) or (f) applies) shall not be taken to be prima facie
evidence that the elector is entitled, upon application under section 85, to a
postal vote certificate and postal ballot-paper under that section.

''(16) Where an elector who is a registered general postal voter for a
Division (in this sub-section referred to as the 'original Division') makes a
claim under Part VII for transfer of enrolment to another Division (in this
sub-section referred to as the 'new Division')-

   (a)  the Divisional Returning Officer for the original Division shall, upon
        receipt under sub-paragraph 43 (1) (b) (iv) of notice of the transfer
        of enrolment, give notice in writing to the Divisional Returning
        Officer for the new Division that the elector was a registered general
        postal voter for the original Division and cancel the registration of
        the elector as a general postal voter for the original Division; and

   (b)  the Divisional Returning Officer for the new Division shall, upon
        receipt of notice under paragraph (a), register the elector as a
        general postal voter for the new Division unless he is satisfied that
        the elector would not be entitled to be so registered if he made an
        application under sub-section (2).

''(17) A Divisional Returning Officer for a Division shall, when directed to
do so by the Electoral Commission, conduct a review of the Register of General
Postal Voters for that Division and, upon completion of the review, shall make
such alterations to the Register as he thinks necessary to ensure that-

   (a)  only electors entitled to be registered general postal voters for the
        Division are so registered; and

   (b)  the details entered in the Register in relation to registered general
        postal voters are accurate.
Dispatch of electoral materials to registered postal voters

''86A. (1) A Divisional Returning Officer for a Division shall, as soon as
practicable after the issue of the writ for an election to be held in that
Division, send an application form for a postal vote certificate and postal
ballot-paper under section 85 to each elector who is, on that day, a
registered general postal voter (other than a registered general postal voter
to whom sub-section (2) applies) in the Division, together with an envelope
addressed to the Divisional Returning Officer.

''(2) A Divisional Returning Officer for a Division shall, as soon as
practicable after the issue of the writ for an election to be held in that
Division, deliver or post to each elector who-

   (a)  is, on that day, a registered general postal voter in that Division;
        and

   (b)  became a registered general postal voter in pursuance of a claim made
        under sub-section 40 (3) or in pursuance of an application made in
        pursuance of paragraph 86 (1) (e) or (f),
a postal vote certificate printed on an envelope addressed to the Divisional
Returning Officer and one postal ballot-paper for a Senate election, or one
postal ballot-paper for a House of Representatives election, or both, as the
case requires.''.