Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 36

36. (1) If any voter satisfies the presiding officer at a polling booth that
his sight is so impaired or that he is so illiterate or physically
incapacitated that he is unable to vote without assistance, the presiding
officer shall permit a person appointed by the voter to enter an unoccupied
voting compartment of the booth with the voter, and mark, fold and deposit the
voter's ballot-paper for him.

(2) If a voter referred to in sub-section (1) fails to appoint a person
pursuant to sub-section (1), the presiding officer, in the presence of such
scrutineers appointed under section 27 as are present, or, if there are no
scrutineers appointed under that section present, in the presence of-

   (a)  the poll clerk; or

   (b)  if the voter so desires, a person appointed by the voter, shall mark,
        fold and deposit the voter's ballot-paper for him.

(3) Without limiting the generality of sub-section (2), a voter to whom that
sub-section applies may indicate to the presiding officer the manner in which
the voter wishes the presiding officer to mark his ballot-paper for him by
presenting to the presiding officer a statement in writing (which may be, or
include, a how-to-vote card) that specifies the manner in which the
ballot-paper is to be marked.

(4) Where sub-section (1) applies in relation to an absent voter, the
presiding officer shall-

   (a)  fill in the declaration referred to in sub-section 46 (1) with the
        required particulars as given by the voter;

   (b)  read the declaration to the voter;

   (c)  complete and attest the declaration; and

   (d)  cause the declaration to be witnessed by a scrutineer or, if no
        scrutineer is present, by the poll clerk.