Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 65

65. (1) Notwithstanding section 64, where-

   (a)  a person claims to vote at a referendum at a polling booth;

   (b)  the person's name has, pursuant to sub-section 64 (1), been noted on
        the certified list of voters used at the polling booth or the
        presiding officer at the polling booth has been notified, pursuant to
        sub-section 64 (2), that the person has received a postal vote
        certificate and postal ballot-paper; and

   (c)  upon being requested to deliver to the presiding officer at the
        polling booth his postal vote certificate and postal ballot-paper for
        cancellation, the person states that he has not received a postal vote
        certificate or a postal ballot-paper, the person may, subject to this
        Act and the regulations, be permitted to vote at the referendum if the
        person makes a declaration in an approved form before the presiding
        officer.

(2) The ballot-paper of an elector voting at a referendum pursuant to
sub-section (1)-

   (a)  shall not be scrutinized unless the Divisional Returning Officer for
        the Division for which the person is enrolled is satisfied that-

        (i)    the elector is entitled to vote at the referendum; and

        (ii)   the elector had not received a postal vote certificate or a
               postal ballot-paper; and

   (b)  shall be dealt with as prescribed.

(3) Where a person votes at a referendum under this section, any postal
ballot-paper received by the Divisional Returning Officer that is, or that
purports to be, a postal ballot-paper of that person shall not be admitted in
the scrutiny in relation to the referendum.

(4) For the purposes of Part VI, action taken under this section in relation
to an election shall be taken to be part of the scrutiny in relation to the
referendum.

(5) Where the voting day for a referendum is the same as that fixed for the
polling at an election, a declaration that enables an elector to vote at the
election pursuant to section 192 of the Commonwealth Electoral Act 1918
is sufficient to enable the elector to vote at the referendum pursuant to
sub-section (1) of this section.