Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 39

39. (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 and to be an
elector to whom section 104 of the Commonwealth Electoral Act 1918 applies, he
may, subject to this Act and the regulations, be permitted to vote if he makes
a declaration of address in an approved form on an envelope or, if the elector
is an absent voter, on the envelope bearing the declaration made under
sub-section 46 (1) of this Act, before the presiding officer at the polling
place.

(2) Where an elector votes under 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 appointed under section 27 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 a request under section 104 of the
Commonwealth Electoral  Act 1918 by the elector (as affected by any change of
address annotated on the request) shall deal with the ballot-paper in the
manner prescribed by this Act in connection with the scrutiny of
absent voters' ballot-papers.

(6) Where a ballot-paper is marked by an absent voter who makes a declaration
of address under sub-section (1)-

   (a)  sub-sections (2), (3), (4) and (5) do not apply; and

   (b)  a Divisional Returning Officer for a Division who receives an envelope
        bearing such a declaration in relation to the Division shall examine
        the declaration and, if it is in order and he is satisfied that the
        address specified in the declaration is the address specified in a
        request by the elector under section 104 of the
        Commonwealth Electoral Act 1918 (as affected by any change of address
        annotated on the request), deal with the ballot-paper in the manner
        prescribed by this Act in connection with the scrutiny of absent
        voters' ballot-papers.