Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 94

94. Section 121 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-sections:

''(1) Where-

   (a)  a person claims to vote at an election; and

   (b)  the name of that person is not on, or cannot be found on, the
        certified list of voters for that Division,

that person may, subject to this Act and the regulations, cast a provisional
vote under this section if he signs a declaration in an approved form on an
envelope.

''(1A) Where a presiding officer informs a person referred to in paragraph (1)
(a) that his name is not on, or cannot be found on, the certified list of
voters for the Division for which he claims to be entitled to vote, the
presiding officer shall hand the person a written statement in the approved
form setting out his rights under this section and the steps that would be
taken if he voted under this section.'';

   (b)  by omitting from sub-section (2) ''claims to vote'' and substituting
        ''votes'';

         (c)  by inserting in sub-section (3) ''Divisional'' before
''Returning'';

   (d)  by omitting from sub-section (5) ''to whom paragraph (a), (b) or (c)
        of sub-section (1) of this section applies'' and substituting ''who,
        at the time of voting, was entitled to be enrolled on the Roll for the
        Division for which he claimed to be entitled to vote and that his name
        was-

   (a)  on that Roll; or

   (b)  was not on that Roll by reason only of an error or mistake by an
        officer,'';

   (e)  by omitting from sub-section (5) all the words after ''forthwith'' and
        substituting ''make such correction (if any) to the Roll as is
        necessary''; and

   (f)  by omitting sub-section (6) and substituting the following
        sub-sections:

''(6) Where-

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

   (b)  the Divisional Returning Officer is satisfied that-

        (i)    the voter, at the time of voting, was not entitled to be
               enrolled on the Roll for the relevant Division;

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

        (iii)  if the voter were enrolled for the relevant Division, the
               ballot-paper contained in the envelope would be accepted under
               sub-section (5) for further scrutiny,

the Divisional Returning Officer shall deal with the ballot-paper in the
manner prescribed in connection with the scrutiny of absent voters'
ballot-papers.

''(7) Where-

   (a)  the Divisional Returning Officer for a Division (in this sub-section
        referred to as the 'relevant Division') is dealing under sub-section
        (5) 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; and

   (b)  the Divisional Returning Officer is satisfied that-

        (i)    the voter, at the time of voting, was not entitled to be
               enrolled on the Roll for the relevant Division;

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

        (iii)  if the voter were enrolled for the relevant Division, the
               ballot-paper contained in the envelope would be accepted under
               sub-section (5) for further scrutiny,

the Divisional Returning Officer shall 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-

   (c)  deal with the ballot-paper for the Senate in the manner prescribed in
        connection with the scrutiny of absent voters' ballot-papers; and

   (d)  disallow the ballot-paper for the House of Representatives election.

''(8) Where a Divisional Returning Officer decides, in accordance with
sub-section (5), that a person who has cast a provisional vote under this
section is not entitled to be enrolled for the Division for which he claims to
be entitled to vote, the Divisional Returning Officer shall inform the person
in writing that he is not so entitled.''.