Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 73

73. Section 96 of the Principal Act is amended-

   (a)  by omitting ''At'' and substituting ''Subject to sub-sections (2), (3)
        and (4), at'';

   (b)  by omitting paragraph (ba); and

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

''(2) Where a Divisional Returning Officer for a Division (in this sub-section
referred to as the 'relevant Division') who is dealing under sub-section (1)
with an envelope is-

   (a)  satisfied that the elector who signed the postal vote certificate
        printed on the envelope is not enrolled for the relevant Division;

   (b)  satisfied that, if the elector were enrolled for the relevant
        Division, the ballot-paper or ballot-papers contained in the envelope
        would be accepted under sub-section (1) for further scrutiny; and

   (c)  satisfied, after making such inquiry as may be necessary, that the
        elector was, at the time of voting, entitled to be enrolled on the
        Roll for the relevant Division and his name was not on that Roll by
        reason of an error or mistake by an officer,

the Divisional Returning Officer shall accept the ballot-paper or
ballot-papers for further scrutiny.

''(3) Where-

   (a)  the Divisional Returning Officer for a Division (in this sub-section
        referred to as the 'relevant Division') is dealing under sub-section
        (1) with an envelope that purports to contain a ballot-paper for a
        Senate election but no other ballot-paper;

   (b)  the Divisional Returning Officer is satisfied that the elector who
        signed the postal vote certificate printed on the envelope is not
        enrolled for the relevant Division;

   (c)  sub-section (2) does not apply in relation to the envelope; and

   (d)  the Divisional Returning Officer is satisfied that-

        (i)    the elector, at the time of voting, was enrolled on the Roll
               for another Division in the State or Territory that includes
               the relevant Division; and

        (ii)   if the elector were enrolled for the relevant Division, the
               ballot-paper contained in the envelope would be accepted under
               sub-section (1) for further scrutiny,

the Divisional Returning Officer shall accept the ballot-paper for further
scrutiny.

''(4) Where-

   (a)  the Divisional Returning Officer for a Division (in this sub-section
        referred to as the 'relevant Division') is dealing under sub-section
        (1) with an envelope that purports to contain both a ballot-paper for
        a Senate election and a ballot-paper for a House of Representatives
        election;

   (b)  the Divisional Returning Officer is satisfied that the elector who
        signed the postal vote certificate printed on the envelope is not
        enrolled for the relevant Division;

   (c)  sub-section (2) does not apply in relation to the envelope; and

   (d)  the Divisional Returning Officer is satisfied that-

        (i)    the elector, at the time of voting, was enrolled on the Roll
               for another Division in the State or Territory that includes
               the relevant Division; and

        (ii)   if the elector were enrolled for the relevant Division, the
               ballot-papers contained in the envelope would be accepted under
               sub-section (1) for further scrutiny,

the Divisional Returning Officer shall-

   (e)  open the envelope and withdraw the ballot-papers and, without, as far
        as practicable, inspecting or unfolding the ballot-papers or allowing
        any other person to do so-

        (i)    accept the ballot-paper for the Senate election for further
               scrutiny and place it in the ballot-box referred to in
               paragraph (1) (c); and

        (ii)   disallow the ballot-paper for the House of Representatives
               election and place the ballot-paper in a parcel containing the
               envelopes referred to in sub-paragraph (1) (d) (ii); and

   (f)  seal up the envelope in a parcel together with any other envelope
        dealt with in accordance with this sub-section and preserve the
        envelopes so sealed up.

''(5) For the purposes of paragraph (1) (b), where the envelope that contains
a postal ballot-paper bears a postmark that includes a date after polling day,
the vote recorded on the postal ballot-paper shall, except for the purposes of
proceedings under Part XVIII, be taken not to have been recorded prior to the
close of the poll.

''(6) The regulations may modify the application of the preceding sub-sections
of this section in respect of the scrutiny of-

   (a)  postal ballot-papers that have been delivered or posted to electors in
        accordance with oral applications under section 85;

   (b)  postal ballot-papers that have been delivered or posted to electors
        who are enrolled pursuant to claims made under sub-section 40 (3); or

   (c)  postal ballot-papers that have been delivered or posted to electors
        who are registered postal voters by virtue of an application made in
        pursuance of paragraph 86 (1) (f).

''(7) For the purposes of Part XIV, the actions taken by a Divisional
Returning Officer under sub-section (1), (2), (3) or (4) in relation to an
election (including those sub-sections as modified in accordance with
sub-section (6)) shall be taken to be part of the scrutiny in relation to the
election.''.