Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 71

71. Section 92 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) ''The'' (first occurring) and
        substituting ''Subject to sub-section (3), the'';

   (b)  by inserting in paragraph (1) (b) '', if he is not a registered
        general postal voter who became so registered 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),'' after ''elector'';

   (c)  by omitting from paragraph (1) (b) ''in his own handwriting'';

   (d)  by inserting in paragraph (1) (f) '', or the elector is
otherwise so physically incapacitated or so illiterate,'' after ''so
impaired'';

   (e)  by omitting from paragraph (1) (g) ''unless the elector's sight is so
        impaired that he cannot vote without assistance and no person is
        appointed by the elector to mark his vote for him'' and substituting
        ''otherwise than pursuant to a request made by the elector in
        accordance with paragraph (f)'';

   (f)  by inserting after sub-section (1) the following sub-section:

''(1A) Without limiting the generality of the proviso to paragraph (1) (f), an
elector to whom the proviso applies may indicate to the authorized witness the
manner in which the elector wishes the authorized witness to mark his
ballot-paper for him by presenting to the authorized witness a statement in
writing (which may be, or include, a how-to-vote card) that specifies the
manner in which the ballot-paper is to be marked.''; and

   (g)  by adding at the end thereof the following sub-sections:

''(3) In the case of a postal vote certificate and a postal ballot-paper
delivered to an elector in pursuance of an oral application-

   (a)  the elector shall not post or deliver the envelope fastened in
        accordance with sub-section (1), or cause that envelope to be posted
        or delivered, to the Divisional Returning Officer but shall, on the
        fastening of the envelope, forthwith deliver the envelope to the
        officer who delivered the certificate to him;

   (b)  subject to paragraph (a), sub-section (1) has effect subject to the
        regulations; and

   (c)  sub-section (2) does not apply.

''(4) Subject to the regulations, where an envelope is delivered to an officer
in accordance with paragraph (3) (a), the officer shall deal with the envelope
as if it were an envelope containing an absent voter's ballot-paper completed
in accordance with section 113.''.