Commonwealth Numbered Acts

ELECTORAL AND REFERENDUM AMENDMENT ACT 1989 No. 24 of 1990 - SECT 52

52. Part XV of the Principal Act is repealed and the following Parts are
substituted:
                            "PART XV-POSTAL VOTING
Interpretation

"182. In this Part:
'appropriate DRO', in relation to an application or anything to be done by an
elector, means the DRO for the Division for which the elector is enrolled;
'Register', in relation to a Division, means the Register of General Postal
Voters for the Division. Grounds of application for postal vote

"183. An elector may apply for a postal vote on any of the grounds set out in
Schedule 2. Application for postal vote

"184. (1) An application shall be in writing in the approved form and shall:

   (a)  contain a declaration by the applicant that he or she is an elector
        entitled to apply for a postal vote; and

   (b)  be signed by the applicant in the presence of an authorised witness.

"(2) An application made in Australia shall be made to a DRO.

"(3) An application made outside Australia shall be made to an Assistant
Returning Officer.

"(4) An application for a postal vote may not be made until after the issue of
the writ for the election in relation to which a postal vote is sought or the
public announcement of the proposed date for the polling, whichever is the
earlier.

"(5) An application shall be regarded as not having been made if it reaches
the officer to whom it is directed after 6 p.m. on the day before polling day
in the election.

"(6) An elector shall not make a false statement:

   (a)  in an application for a postal vote; or

   (b)  in any declaration relating to such an application.
Penalty: $1,000 or imprisonment for 6 months, or both.

"(7) A person shall not induce an elector to make a false statement:

   (a)  in an application for a postal vote; or

   (b)  in any declaration relating to such an application.
Penalty: $1,000 or imprisonment for 6 months, or both. Application for
registration as general postal voter

"184A. (1) An elector may apply to the appropriate DRO for registration as a
general postal voter.

"(2) An application shall be made on one of the following grounds:

   (a)  the applicant's real place of living is not within 20 kilometres, by
        the nearest practicable route, of a polling place;

   (b)  the applicant:

        (i)    is a patient at a hospital (other than a special hospital or a
               hospital that is a polling place); and

        (ii)   because of serious illness or infirmity, is unable to travel
               from the hospital to a polling place;

   (c)  because of serious illness or infirmity, the applicant is unable to
        travel from the place where he or she lives to a polling place;

   (d)  the applicant is detained in custody;

   (e)  the enrolment of the applicant was obtained by means of a claim signed
        under subsection 98 (3);

   (f)  a registered medical practitioner has certified, in writing, that the
        applicant is so physically incapacitated as to be incapable of signing
        his or her name;

   (g)  the applicant's address has been excluded from the Roll under section 
        104 ;

   (h)  because of the applicant's religious beliefs or membership of a
        religious order, the applicant:

        (i)    is precluded from attending a polling booth; or

        (ii)   for the greater part of the hours of polling on polling day, is
               precluded from attending a polling booth.

"(3) An application in respect of an elector to whom paragraph (2) (e) or (f)
applies may be made by another person on behalf of the elector.

"(4) The certificate referred to in paragraph (2) (f) shall be lodged with an
application made on the ground set out in that paragraph.

"(5) An elector shall not make a false statement:

   (a)  in an application under this section; or

   (b)  in any declaration relating to such an application.
Penalty: $1,000 or imprisonment for 6 months, or both.

"(6) A person shall not induce an elector to make a false statement:

   (a)  in an application under this section; or

   (b)  in any declaration relating to such an application.
Penalty: $1,000 or imprisonment for 6 months, or both. Register of General
Postal Voters

"184B. (1) The DRO for a Division shall keep a Register of General Postal
Voters in respect of the Division.

"(2) The Register shall be available at the office of the DRO during ordinary
office hours for inspection, without fee, by members of the public.
Registration as general postal voter

"185. (1) If the DRO to whom an application has been made is satisfied that
the application has been made in accordance with section 184A, the DRO shall
register the applicant as a general postal voter.

"(2) Where:

   (a)  a claim for enrolment or transfer of enrolment is made to the
        appropriate DRO;

   (b)  the claim is signed under subsection 98 (3); and

   (c)  the claim indicates that the claimant wishes to be registered as a
        general postal voter; the DRO shall register the claimant as a general
        postal voter.

"(3) Where an elector who is registered as a general postal voter for a
Division (in this subsection called the 'original Division') makes a claim for
transfer of enrolment to another Division (the 'new Division'), the matter
shall be dealt with as follows:

   (a)  when notified of the transfer of enrolment, the DRO for the original
        Division shall notify the DRO for the new Division that the elector
        was so registered;

   (b)  the DRO for the original Division shall cancel the registration of the
        elector; and

   (c)  except in the case of an elector whose address has been excluded from
        the Roll under section 104, the DRO for the new Division shall
        register the elector unless the DRO is satisfied that the elector
        would not be entitled to registration on application under subsection
        184A (1).

"(4) Registration of an elector as a general postal voter for a Division is
effected by entering in the Register the following particulars of the elector:

   (a)  full name;

   (b)  except in the case of an elector whose address has been excluded from
        the Roll under section 104, the address shown in the Roll as the real
        place of living of the elector;

   (c)  such other particulars (if any) as the Electoral Commission
        determines.

"(5) A DRO who registers an elector as a general postal voter shall notify the
elector in writing of the registration.

"(6) A DRO who decides not to register an elector as a general postal voter
shall notify the elector in writing of the decision and of the reasons for it.
Limitation on effect of registration

"185A. Except in the case of an elector registered on the ground set out in
paragraph 184A (2) (e) or (f), registration under section 185 is not
sufficient to entitle an elector to the issue of a postal vote certificate and
postal ballot-paper. Review of Registers

"185B. The DRO for a Division shall, when so directed by the Electoral
Commission, examine the Register for the Division and make such alterations to
the Register as are necessary to ensure that:

   (a)  only electors entitled to be registered as general postal voters for
        the Division are so registered; and

   (b)  the particulars entered in the Register are accurate. Cancellation of
        registration

"185C. (1) The DRO for a Division may cancel the registration of an elector as
a general postal voter for the Division if the DRO is satisfied that the
ground on which the elector applied for registration no longer exists.

"(2) The DRO shall give to the elector, personally or by post, written notice
of the cancellation and of the elector's right to request the DRO to refer the
cancellation to the Australian Electoral Officer for the State for which the
elector is enrolled for review under section 120. Dispatch of electoral
materials to registered general postal voters

"186. (1) As soon as practicable after the issue of the writ for an election
in a Division or the public announcement of the proposed date for the polling,
whichever is the earlier, the DRO for the Division shall send postal voting
papers to each registered general postal voter for the Division.

"(2) The postal voting papers to be sent are:

   (a)  in the case of an elector registered as a general postal voter for the
        Division on the ground set out in paragraph 184A (2) (e) or (f)-a
        postal vote certificate printed on an envelope addressed to the DRO
        and one postal ballot-paper for a Senate election or one postal
        ballot-paper for a House of Representatives election, or both, as the
        case requires; and

   (b)  in any other case-a form of application for a postal vote and an
        envelope addressed to the DRO. Duty of witness

"187. (1) A person shall not witness the signature of another person (in this
section called the 'elector') on an application for a postal vote unless:

   (a)  the person is satisfied of the identity of the elector;

   (b)  the person has seen the elector sign the application; and

   (c)  either:

        (i)    the person knows that the statements in the application are
               true; or

        (ii)   the person is satisfied, on the basis of inquiries of the
               elector or otherwise, that the statements in the application
               are true.
Penalty: $500.

"(2) The person who witnesses the signature of the elector to the application
shall sign the application in his or her own handwriting and write on the
application the date of signature. Issue of certificate and ballot-papers

"188. (1) A DRO or Assistant Returning Officer who receives an application,
properly signed and witnessed, for a postal vote shall post to the applicant:

   (a)  a postal vote certificate printed on an envelope addressed to the DRO
        for the Division for which the applicant is enrolled; and

   (b)  one postal ballot-paper for a Senate election or one postal
        ballot-paper for a House of Representatives election, or both, as the
        case requires.

"(2) In spite of subsection (1), where the application is received after the
last mail clearance at the nearest post office on the last Thursday before
polling day, the DRO or Assistant Returning Officer shall not post to the
applicant a postal vote certificate or ballot-paper. Inspection of
applications

"189. (1) A DRO who issues a postal vote certificate and postal ballot-paper
shall:

   (a)  write on the application the date of issue of the certificate and
        ballot-paper; and

   (b)  if the DRO is not the appropriate DRO, send the application to the
        appropriate DRO.

"(2) An Assistant Returning Officer who issues a postal vote certificate and
postal ballot-paper shall:

   (a)  write on the application the date of issue of the certificate and
        ballot-paper; and

   (b)  deal with the application in accordance with subsection 228 (8).

"(3) All applications for postal votes in relation to which a DRO is the
appropriate DRO shall be open to public inspection at the office of the DRO
during ordinary office hours from and including the third day after polling
day until the election can no longer be questioned. Numbering of applications
and certificates

"190. (1) A DRO or Assistant Returning Officer shall allocate a number to each
application for a postal vote and shall number each postal vote certificate
with a number corresponding to the number of the application.

"(2) The DRO or Assistant Returning Officer who issues a ballot-paper shall
initial the back of the paper. Certified lists of voters to be noted

"191. (1) As far as is reasonably practicable, the issue of a postal vote
certificate and postal ballot-paper to an elector shall be noted on the
relevant certified list of voters.

"(2) If a certified list of voters is not so noted, the DRO for the Division
shall take such steps as he or she thinks reasonable to inform the presiding
officer to whom the list was given of the issue of the certificates and
ballot-papers. Form of postal vote certificate

"192. A postal vote certificate shall be in the approved form. Authorised
witnesses

"193. (1) An elector whose name appears on a Roll is an authorised witness.

"(2) Outside Australia, the following persons are authorised witnesses:

   (a)  an officer of the Defence Force or of the naval, military or air
        forces of another part of the Queen's dominions;

   (b)  a member of the Australian Public Service;

   (c)  a member of the civil or public service of a Territory or of another
        part of the Queen's dominions;

   (d)  a Justice of the Peace for a State or Territory or another part of the
        Queen's dominions;

   (e)  a minister of religion or medical practitioner resident in a State or
        Territory or another part of the Queen's dominions;

   (f)  an Australian citizen.

"(3) A person who is a candidate at an election is not an authorised witness
in relation to the casting of a postal vote in that election. Postal voting

"194. (1) The following requirements for postal voting shall be substantially
observed:

   (a)  the elector shall show the unsigned postal vote certificate and the
        unmarked postal ballot-paper to an authorised witness;

   (b)  except in the case of an elector registered as a general postal voter
        on the ground set out in paragraph 184A (2) (e) or (f), the elector
        shall sign the postal vote certificate in the presence of the
        authorised witness;

   (c)  the authorised witness shall sign the certificate as witness, adding
        the date and an indication of the capacity in which the witness acts;

   (d)  the elector shall then, in the presence of the authorised witness but
        so that the witness cannot see the vote, mark his or her vote on the
        ballot-paper, fold the ballot-paper, place it in the envelope
        addressed to the appropriate DRO and fasten the envelope;

   (e)  the elector shall post or deliver the envelope to the appropriate DRO;

   (f)  if the elector cannot read or is so disabled as to be unable to vote
        without assistance, a person chosen by the elector may, according to
        the directions of the elector, complete the postal vote certificate
        and do for the elector any act required by paragraph (d) or (e);

   (g)  directions under paragraph (f) may be given by reference to a
        how-to-vote card.

"(2) In spite of paragraph (l) (e), where:

   (a)  a ballot-paper, if posted before the close of the poll, would be
        unlikely to reach the appropriate DRO within 13 days after polling
        day; or

   (b)  a ballot-paper, if it were to be delivered to the appropriate DRO,
        would be unlikely to reach the DRO before the close of the poll; the
        envelope containing the ballot-paper may:

   (c)  before the close of the poll be addressed to, and posted or delivered
        to, any other DRO or to an Assistant Returning Officer at a place
        outside Australia; (d) be handed to a pre-poll voting officer; or

   (e)  be delivered, on polling day and before the close of the poll, to any
        presiding officer.

"(3) A DRO, Assistant Returning Officer, presiding officer or pre-poll voting
officer to whom an envelope containing a ballot-paper is posted or delivered
under subsection (2) shall deal with the envelope and ballot-paper according
to sections 195A and 228. Duty of authorised witnesses etc.

"195. Except at the request of the elector, a person shall not:

   (a)  interfere with an elector in relation to the marking of a postal
        ballot-paper; or

   (b)  do anything that would enable the person or any other person to find
        out how an elector marked a postal ballot-paper.
Penalty: $1,000. Procedure for dealing with postal vote certificates etc.

"195A. (1) In this section, 'officer' means:

   (a)  a pre-poll voting officer;

   (b)  a presiding officer; or

   (c)  an Assistant Returning Officer at a place outside Australia.

"(2) Where:

   (a)  a DRO receives an envelope bearing a postal vote certificate and
        purporting to contain a postal ballot-paper issued in respect of a
        Division other than the Division for which the DRO is appointed; or

   (b)  an officer receives an envelope bearing a postal vote certificate and
        purporting to contain a postal ballot-paper; the DRO or officer shall:

   (c)  endorse on the envelope 'Received by me' and the date and time of
        receipt;

   (d)  sign the endorsement, adding the words 'Divisional Returning Officer',
        'Pre-poll Voting Officer', 'Presiding Officer' or 'Assistant Returning
        Officer', as the case may be;

   (e)  make a record of the name of the voter and the name of the Division as
        shown in the postal vote certificate;

   (f)  deal with the envelope in accordance with section 228; and

   (g)  until the envelope is so dealt with, keep the envelope in a
        ballot-box. Opening of postal ballot-paper

"196. A person other than:

   (a)  the DRO for the Division in respect of which a postal ballot-paper has
        been issued; or

   (b)  an officer acting at the direction of the DRO; shall not open an
        envelope that purports to contain a postal ballot-paper on which a
        vote has been recorded.
Penalty: $500. Failure to post or deliver postal vote application etc.

"197. A person to whom an elector entrusts:

   (a)  an application for a postal vote; or

   (b)  an envelope apparently containing a postal ballot-paper; for posting
        or delivery to an officer shall post or deliver the application or
        envelope, as the case may be, as soon as practicable.
Penalty: $1,000. Inducing elector to hand over marked ballot-paper

"198. A person shall not induce an elector to hand over to the person a postal
ballot-paper on which a vote has been recorded.
Penalty: $1,000. Correction of formal errors

"199. If an officer who receives:

   (a)  an application for a postal vote; or

   (b)  a postal vote certificate; is satisfied that the application or
        certificate contains a formal error, the officer may amend the
        application or certificate to correct the error. Mistakes

"200. (1) A postal vote shall not be rejected because only the surname of a
candidate has been written on the ballot-paper if no other candidate has the
same surname.

"(2) A postal vote shall not be rejected because of a mistake in spelling if
the elector's intention is clear.

"PART XVA-PRE-POLL VOTING Grounds of application for pre-poll vote

"200A. An elector may apply for a pre-poll vote on any of the grounds set out
in Schedule 2. Pre-poll voting officers

"200B. The Electoral Commission may appoint a person to be a pre-poll voting
officer for the purposes of this Act. Application for pre-poll vote

"200C. (1) An application for a pre-poll vote may be made to:

   (a)  any Divisional Returning Officer;

   (b)  any pre-poll voting officer; or

   (c)  an Assistant Returning Officer at a place outside Australia.

"(2) The application must be made by the elector in person.

"(3) The elector making the application shall inform the officer to whom the
application is made of:

   (a)  the Division for which the elector is enrolled; and

   (b)  any matters prescribed by the regulations. Place and time of
        application

"200D. (1) An application to a DRO shall be made at the office of the DRO
during ordinary office hours or during the hours of polling on polling day.

"(2) An application to a pre-poll voting officer shall be made:

   (a)  at a place declared by the Electoral Commission, by notice published
        in the Gazette, to be a pre-poll voting office; and

   (b)  on a day, and during the hours, fixed by the Electoral Commission, by
        notice published in the Gazette, for such applications.

"(3) An application to an Assistant Returning Officer shall be made:

   (a)  at the office of the Assistant Returning Officer; and

   (b)  during ordinary office hours or during such other hours as the
        Assistant Returning Officer fixes.

"(4) An application that relates to:

   (a)  a Senate election; or

   (b)  a Senate election and a House of Representatives election to be held
        on the same day; cannot be made earlier than the second day after the
        day on which nominations for the Senate election close.

"(5) An application that relates to a House of Representatives election that
is not to be held on the same day as a Senate election cannot be made earlier
than the day after the day on which nominations for the election close.

"(6) An elector may not make an application after the close of the poll in the
State or Territory for which the elector is enrolled. Pre-poll voting

"200E. (1) The officer to whom an application for a pre-poll vote is made (in
this section called 'the issuing officer') shall issue to the elector:

   (a)  a pre-poll vote certificate; and

   (b)  one ballot-paper for a Senate election or one ballot-paper for a House
        of Representatives election, or both, as the case requires.

"(2) Before issuing the ballot-paper, the officer shall initial the back of
the paper.

"(3) The elector shall sign the pre-poll vote certificate in the presence of
the issuing officer.

"(4) The issuing officer shall then sign the pre-poll vote certificate as
witness, adding the date.

"(5) The elector shall then, in the presence of the issuing officer but so
that the officer cannot see the vote, mark his or her vote on the
ballot-paper, fold the ballot-paper and return it to the issuing officer.

"(6) The issuing officer shall immediately place the ballot-paper in the
envelope bearing the pre-poll vote certificate, fasten the envelope and, until
the envelope is dealt with under section 228, keep the envelope in a
ballot-box.

"(7) If the elector satisfies the officer that the elector cannot read or is
so disabled as to be unable to vote without assistance, a person chosen by the
elector may, according to the directions of the elector, do any of the
following acts:

   (a)  fill in the pre-poll vote certificate with the required particulars;

   (b)  read the certificate to the voter;

   (c)  complete the certificate;

   (d)  mark the elector's vote on the ballot-paper;

   (e)  fold the ballot-paper and return it to the officer.

"(8) Directions under subsection (7) may be given by reference to a
how-to-vote card.

"(9) An elector to whom a pre-poll vote certificate and ballot-paper have been
issued is not entitled:

   (a)  to vote at a polling booth; or

   (b)  to remove the certificate or ballot-paper from the office of the
        officer who issued it. Form of pre-poll vote certificate

"200F. A pre-poll vote certificate shall:

   (a)  be in the approved form;

   (b)  carry a distinguishing number that is the same as the number allocated
        to the record of the application for the certificate; and

   (c)  be printed on an envelope addressed to the DRO for the Division for
        which the elector is enrolled. Record of issue of pre-poll voting
        papers

"200G. (1) Where the DRO for a Division issues a pre-poll vote certificate and
ballot-paper to a person enrolled for the Division, the DRO shall make a
record of the date of issue of the certificate and ballot-paper and the name
of the person and shall allocate a number to the record.

"(2) Where:

   (a)  any other DRO;

   (b)  a pre-poll voting officer; or

   (c)  an Assistant Returning Officer at a place outside Australia; issues a
        pre-poll vote certificate and ballot-paper, he or she shall:

   (d)  make a record of the date of issue of the certificate and
        ballot-paper, the name of the person to whom the certificate and
        ballot-paper were issued and the name of the Division for which the
        person is enrolled and shall allocate a number to the record; and

   (e)  deal with the record of the issue of the certificate and ballot-paper
        in accordance with section 228.

"(3) Records made by a DRO under subsection (1) and records forwarded to the
DRO under section 228 shall be open to public inspection at the office of the
DRO during ordinary office hours from and including the third day after
polling day until the election can no longer be questioned. Certified lists of
voters to be noted

"200H. (1) As far as is reasonably practicable, the issue of a pre-poll vote
certificate and ballot-paper to an elector shall be noted on the relevant
certified list of voters.

"(2) If a certified list of voters is not so noted, the DRO for the Division
shall take such steps as he or she thinks reasonable to inform the presiding
officer to whom the list was given of the issue of pre-poll vote certificates
and ballot-papers. Opening of pre-poll voting envelope

"200J. A person other than:

   (a)  the DRO for the Division in respect of which a pre-poll vote
        ballot-paper has been issued; or

   (b)  an officer acting at the direction of the DRO; shall not open an
        envelope containing a ballot-paper given to an officer under
        subsection 200E (5) or (7).
Penalty: $500. Obligations of persons present when pre-poll vote cast

"200K. A person who is present when an elector signs a pre-poll vote
certificate or marks a ballot-paper in the presence of an officer:

   (a)  shall obey all directions of the officer; and

   (b)  except at the request of the elector:

        (i)    shall not make any communication to the elector in relation to
               the elector's vote;

        (ii)   shall not assist the elector or in any way interfere with the
               elector in relation to the elector's vote; and

        (iii)  shall not do anything that would enable the person to find out
               how the elector marked the ballot-paper.
Penalty: $1,000. Correction of formal errors

"201. If an officer who receives a pre-poll vote certificate under subsection
200E (5) is satisfied that the certificate contains a formal error, the
officer may amend the certificate to correct the error. Mistakes

"202. (1) A pre-poll vote shall not be rejected because only the surname of a
candidate has been written on the ballot-paper if no other candidate has the
same surname.

"(2) A pre-poll vote shall not be rejected because of a mistake in spelling if
the elector's intention is clear.".