Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 96

96. After section 121A of the Principal Act the following section is inserted:
Vote of person whose address is not shown on Roll

''121B. (1) Where an elector for a Division whose name appears, but whose
address does not appear, on the Roll for the Division claims to vote at an
election at a polling place appointed for the Division and claims to be an
elector to whom section 46A applies, he may, subject to this Act and the
regulations, be permitted to vote if he makes a declaration of address in the
approved form on an envelope before the presiding officer at the polling
place.

''(2) Where an elector votes under the provisions of this section, he shall
mark and fold his ballot-paper in the manner prescribed in this Act and return
it so folded to the presiding officer.

''(3) The presiding officer shall thereupon, in the presence of the elector
and of such scrutineers as are present, and without unfolding the
ballot-paper, enclose it in an envelope bearing the declaration of the voter
and addressed to the Divisional Returning Officer for the Division for which
the elector is enrolled and shall forthwith securely fasten the envelope and
deposit it in the ballot-box.

''(4) The Assistant Returning Officer who is authorized under the provisions
of this Act to open the ballot-box shall, without opening the envelope,
forthwith transmit it to the Divisional Returning Officer for the Division for
which the elector is enrolled.

''(5) The Divisional Returning Officer, on receipt of the envelope containing
the ballot-paper, shall, before opening the envelope or allowing any other
person to do so, examine the declaration of the elector, and, if it is in
order and he is satisfied that the address specified in the declaration is the
address specified in an application under section 46A by the elector (as
affected by any change of address annotated on the application) shall deal
with the ballot-paper in the manner prescribed in connection with the scrutiny
of absent voters' ballot-papers.''.