Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 37

37. (1) Where-

   (a)  a person claims to vote at a referendum; and

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

(2) 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.

(3) Where a person votes at a referendum under sub-section (1)-

   (a)  he shall mark and fold his ballot-paper in the manner prescribed by
        this Act and return it so folded to the presiding officer at the
        polling booth at which the person claims to vote; and

   (b)  the presiding officer shall, in the presence of the person and of such
        scrutineers appointed under section 27 as are present, without
        unfolding the ballot-paper, enclose it in an envelope bearing the
        declaration of the person and addressed to the
        Divisional Returning Officer for the Division for which the person
        claims to be entitled to vote and shall fasten the envelope and
        deposit it in the ballot-box.

(4) Where an Assistant Returning Officer who is authorized to open
ballot-boxes finds within a ballot-box opened by him an envelope of the kind
referred to in paragraph (3) (b), he shall, without opening the envelope,
forward it to the Divisional Returning Officer for the Division for which the
voter has claimed to vote.

(5) Where a Divisional Returning Officer receives an envelope containing a
ballot-paper of a voter who claimed to vote pursuant to sub-section (1), he
shall-

   (a)  before opening the envelope or permitting any other person to open the
        envelope, examine the declaration of the voter;

   (b)  if the declaration is in order and the officer is satisfied, after
        making such inquiries as may be necessary, that the voter is a person
        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-

        (i)    on that Roll; or

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

deal with the ballot-paper in the manner prescribed by this Act in connection
with the scrutiny of absent voters' ballot-papers; and

   (c)  make such correction (if any) to the Roll as is necessary.

(6) Where, upon examining the declaration of a voter who claimed to vote
pursuant to sub-section (1), the Divisional Returning Officer for a Division
(in this sub-section referred to as the ''relevant Division'') is satisfied
that-

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

   (b)  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

   (c)  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 by this Act in connection with
        the scrutiny of absent voters' ballot-papers.

(7) 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.