Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 38

38. (1) Where-

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

   (b)  a mark has, pursuant to section 34, been placed against the name of
        the person on the certified list of voters used at the polling booth
        at which the person claims to vote, the person may, subject to
        sections 30 and 31 and to the regulations, be permitted to vote at the
        referendum if he makes a declaration in an approved form before the
        presiding officer at the polling booth.

(2) The ballot-paper of a person claiming to vote pursuant to this section
shall be dealt with as prescribed by the regulations, but such a ballot-paper
shall not be scrutinized or counted unless the Divisional Returning Officer
for the Division for which the person claims to vote is satisfied that the
person is entitled to vote at the referendum.

(3) For the purposes of Part VI, dealing under this section with a
ballot-paper used in a referendum shall be taken to be a part of the scrutiny
in relation to the referendum.