Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 89

89. Sections 114 and 115 of the Principal Act are repealed and the following
sections are substituted: Interpretation

''113A. In sections 113B, 113C and 113D, 'patient', in relation to a hospital,
does not include a person attending the hospital as an out-patient. Mobile
booths-hospitals that are polling places

''113B. (1) Where a hospital is a polling place, the presiding officer may
make arrangements with an appropriate person, or appropriate persons, on the
staff of the hospital for the votes of patients in the hospital or in part of
the hospital to be taken under this section in an election.

''(2) Subject to section 113D, where-

   (a)  arrangements are in force under sub-section (1) in relation to a
        hospital or part of a hospital;

   (b)  a patient in the hospital or the part of the hospital, as the case may
        be, is-

        (i)    in the case of a by-election-entitled to vote in that election;
               or

        (ii)   in any other case-an elector for the State or Territory in
               which the hospital is situated;

   (c)  under the arrangements, the vote of the patient may be taken under
        this section; and

   (d)  the patient wishes so to vote,
the presiding officer, accompanied by a poll clerk and such scrutineers, if
any, as wish to accompany him, shall, at a time between 8 o'clock in the
morning and 6 o'clock in the afternoon on either polling day or a day to which
the polling is adjourned, take to the patient a ballot-box, a ballot-paper and
such other things as are necessary to enable the vote of the patient to be
taken, and this Act applies in relation to the taking of the vote of the
patient as if, during the time when, for the purpose of enabling the vote of
the patient to be taken, the presiding officer is in the same room, ward or
other place as the patient, that room, ward or other place were a part of a
polling booth at a polling place.

''(3) A polling booth provided at a hospital shall be attended by an officer
at all times when the presiding officer is absent from the booth for the
purpose of enabling a patient in the hospital to vote under this section.
Mobile booths-certain other hospitals

''113C. (1) The Electoral Commission may, by notice published in the Gazette,
declare the whole or a specified part of a hospital, not being a hospital that
is a polling place, to be a special hospital for the purposes of taking votes
under this section in a specified election.

''(2) The Electoral Commission may appoint electoral visitors for the purposes
of this section.

''(3) An electoral visitor may make arrangements with an appropriate person,
or appropriate persons, on the staff of a hospital (being a hospital the whole
or part of which is a special hospital) for the votes of patients in the
special hospital to be taken under this section.

''(4) Subject to section 113D, where-

   (a)  arrangements are in force under sub-section (3) in relation to a
        special hospital;

   (b)  a patient in the special hospital is-

        (i)    in the case of a by-election-entitled to vote in that election;
               or

        (ii)   in any other case-an elector for the State or Territory in
               which the hospital is situated;

   (c)  under the arrangements, the vote of the patient may be taken under
        this section; and

   (d)  the patient wishes so to vote,
an electoral visitor, accompanied by a poll clerk and such scrutineers, if
any, as wish to accompany him, shall, subject to sub-section (5), take to the
patient a ballot-box, a ballot-paper and such other things as are necessary to
enable the vote of the patient to be taken, and this Act applies in relation
to the taking of the vote of the patient as if, during the time when, for the
purpose of enabling the vote of the patient to be taken, the electoral visitor
is in the same room, ward or other place as the patient, that room, ward or
other place were a part of a polling booth at a polling place.

''(5) A visit or visits to a special hospital in accordance with sub-section
(4) shall be made at such time or times between 8 o'clock in the morning and 6
o'clock in the afternoon, and on such day or days, being any of the 5 days
preceding polling day, polling day, or a day to which the polling is
adjourned, as are determined by the Electoral Commission in relation to the
special hospital.

''(6) At any time when an electoral visitor is visiting a special hospital for
the purposes of this section, the special hospital shall, for purposes of, and
in connection with, the taking of votes under this section, be deemed to be a
polling booth at a polling place and the electoral visitor shall, for those
purposes, be deemed to be the presiding officer at that booth.

''(7) Paragraph 111 (a) does not apply to an electoral visitor after the first
visit made by him for the purposes of this section.

''(8) At the end of the last visit made by an electoral visitor for the
purposes of this section, he shall, in the presence of a poll clerk and any
scrutineers who may be in attendance, publicly close, fasten, seal and take
charge of each ballot-box used by him for the purposes of this section and,
with the least possible delay, forward it for the purposes of scrutiny to the
appropriate Assistant Returning Officer designated for the purposes of this
sub-section by the Divisional Returning Officer. Provisions related to
sections 113B and 113C

''113D. (1) Notwithstanding any arrangement in force under section 113B or
113C, a visit under that section to a patient in a hospital shall not be made
if the presiding officer or electoral visitor, as the case may be, is informed
by a registered medical practitioner or a member of the staff of the hospital
that such a visit is forbidden, on medical grounds, by a registered medical
practitioner.

''(2) Literature relating to an election or political parties may be supplied
to the general office of a hospital to which section 113B or 113C applies, and
any literature so supplied shall be made available on request to patients
entitled to vote under that section.

''(3) When the presiding officer or electoral visitor visits a patient under
section 113B or 113C for the purposes of a Senate election, he shall display
to the patient each group voting ticket registered for the purposes of the
election.

''(4) So far as is practicable, a vote under section 113B or 113C shall be
taken as if it were taken under the other provisions of this Act and, in
particular, in the application of this Act for the purposes of sub-section
113B (2) or 113C (4), this Act has effect as if-

   (a)  a person who, with the approval of an appropriate person on the staff
        of the hospital, enters or remains in a room, ward or other place in
        the hospital at a time when, under that sub-section, it is to be
        treated as if it were a part of a polling booth were, for the purposes
        of section 110, doing so by permission of the presiding officer there
        present;

   (b)  paragraph 119 (a) were omitted and the following paragraph were
        substituted:

'(a) mark his vote on the ballot-paper in a manner that ensures the secrecy of
his vote;';

   (c)  paragraph 119 (c) were omitted; and

   (d)  the words 'enter an unoccupied compartment of the booth with the
        voter, and' were omitted from sub-section 120 (1).

''(5) Sub-section 171 (1) applies in relation to a hospital that is a polling
place and in relation to a special hospital within the meaning of section 113C
as if-

   (a)  the reference in that sub-section to polling day and to all days to
        which the polling is adjourned were a reference to the period
        commencing on the day of the issue of the writ and ending at the
        expiration of polling day or, if the polling is adjourned, the
        expiration of the last day to which the polling is adjourned; and

   (b)  the references in that sub-section to a polling booth were references
        to the hospital or special hospital, as the case may be.

''(6) Where an elector has voted under section 113B or 113C in an election,
any postal ballot-paper received by the Divisional Returning Officer that is,
or that purports to be, a postal ballot-paper of the voter shall not be
admitted in the scrutiny in relation to the election.

''(7) Where an arrangement is in force under section 113B or 113C, the
Divisional Returning Officer shall, before 4 o'clock in the afternoon on-

   (a)  in the case of an arrangement under section 113B-the day before
        polling day in the election for which the arrangement was made; or

   (b)  in the case of an arrangement under section 113C-the day before the
        day, or before the first day, on which votes are to be taken under
        that section,
cause to be prominently exhibited at his office a notice setting out-

   (c)  in a case to which paragraph (a) applies-the hospital to which the
        arrangement relates and the time or times at which votes are proposed
        to be taken under section 113B; or

   (d)  in a case to which paragraph (b) applies-the hospital to which the
        arrangement relates and the day or days on which, and the time or
        times at which, votes are proposed to be taken under section 113C.

''(8) As far as is reasonably practicable, votes taken under section 113B or
113C shall be taken on the day or days and at the time or times specified in
the relevant notice under sub-section (7), but any failure to take those votes
in that manner does not invalidate the result of the election. Mobile
booths-remote Subdivisions

''114. (1) In this section-

'leader' means a person appointed under this section to be the leader of a
team;

'station' means a place at which a visit is being made by a team under this
section;

'team' means a mobile polling team appointed under this section.

''(2) The Electoral Commission may appoint persons to be members of mobile
polling teams for the purposes of this section and, in respect of each team, a
person to be the leader.

''(3) In relation to a remote Subdivision declared under sub-section 26 (2),
the following provisions of this section apply in addition to, and without
derogation from, the application of any other provision of this Act.

''(4) The Electoral Commission-

   (a)  may, subject to sub-section (5), by notice published in the Gazette ,
        determine the places, days and times of visits to be made by a team
        for the purposes of this section; and

   (b)  shall take such steps as it thinks fit to give public notice of those
        places, days and times.

''(5) A day determined under sub-section (4) shall be any of the 12 days
preceding polling day, polling day, or a day to which the polling is
adjourned.

''(6) A team shall make a visit or visits as determined under sub-section (4),
but, if, for reasonable cause, the team is unable, or the leader considers it
inappropriate, to make such a visit, the leader may substitute another place,
day or time for the visit and, if he does so, shall-

   (a)  take such steps as he thinks fit to give public notice of the
        substituted place, day or time; and

   (b)  inform the Divisional Returning Officer.

''(7) Any failure by a team to make a visit in accordance with this section
does not invalidate the result of the election.

''(8) At any time when a team is at a station for the purposes of taking votes
under this section in an election-

   (a)  the team shall have-

        (i)    ballot-boxes, ballot-papers, group voting tickets registered
               for the purposes of the election and such other things as are
               necessary for the votes of electors to be taken at the station;
               and

        (ii)   the 'how-to-vote' cards (if any) supplied to it by the
               candidates;

   (b)  every person at the station who is-

        (i)    in the case of a by-election-entitled to vote in the election;
               or

        (ii)   in any other case-an elector for the State or Territory in
               which the station is situated,

is entitled to have his vote taken under this section;

   (c)  for purposes of, and in connection with, the taking of votes under
        this section-

        (i)    the station shall be deemed to be a polling place;

        (ii)   the building, structure, vehicle or enclosure used by the
               leader for the purposes of taking votes under this section
               shall be deemed to be a polling booth at that polling place;
               and

        (iii)  the leader shall be deemed to be the presiding officer at that
               polling booth;

   (d)  so far as is practicable, a vote under this section shall be taken as
        if it were taken under the other provisions of this Act (not being
        sections 113B and 113C); and

   (e)  section 171 applies as if-

        (i)    the reference in sub-section 171 (1) to polling day and to all
               days to which the polling is adjourned were a reference to the
               time of the visit; and

        (ii)   the reference in sub-section 171 (2) to the hours of polling
               were a reference to that time.

''(9) Paragraph 111 (a) does not apply to a leader after the first visit made
by him for the purposes of this section.

''(10) At the end of the last visit made by a leader for the purposes of this
section, he shall, in the presence of a member of his team and any scrutineers
who may be in attendance, publicly close, fasten, seal and take charge of each
ballot-box used by him for the purposes of this section and, with the least
possible delay, forward it for the purposes of scrutiny to the appropriate
Assistant Returning Officer designated for the purposes of this sub-section by
the Divisional Returning Officer.

''(11) Where an elector has voted under this section in an election, any
postal ballot-paper received by the Divisional Returning Officer that is, or
that purports to be, a postal ballot-paper of the voter shall not be admitted
in the scrutiny in relation to the election. Questions to be put to voter

''115. (1) The presiding officer shall put the following questions to each
person attending before him and claiming to vote in an election or elections:

   (a)  What is your full name?

   (b)  Where do you live?

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

''(2) Where, in answer to the question specified in paragraph (1) (b) put to
him by a presiding officer, a person (other than an eligible overseas elector
or an itinerant elector) gives a place of living other than-

   (a)  his place of living shown on the certified list; or

   (b)  another place of living in the Division in respect of which he claims
        to vote,
the presiding officer shall ask the following question: At what other place or
places have you lived during the last 3 months?

''(3) If the answers to the questions specified in paragraphs (1) (a) and (b)
that are given by a person claiming to vote are not sufficient to distinguish
that person from another person on the certified list, the presiding officer
may, for the purpose of distinguishing the 2 persons, ask the person claiming
to vote another question or other questions relating to matters shown on the
certified list in relation to those persons.

''(4) Subject to section 121B, if a person claiming to vote to whom questions
are put under this section-

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

   (b)  so answers the question specified in paragraph (1) (b) and the
        question specified in sub-section (2) as to indicate that he is not
        entitled to vote by virtue of sub-section 39 (4); or

   (c)  answers a question specified in paragraph (1) (c) in the affirmative,
his claim to vote shall be rejected.''.