Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 66

66. (1) Subject to sub-section (4), the following directions for regulating
voting at a referendum by means of postal ballot-papers are to be
substantially observed:

   (a)  an elector shall exhibit his postal ballot-paper (unmarked) and his
        postal vote certificate to an authorized witness;

   (b)  the elector, if he is not a registered general postal voter who became
        so registered pursuant to a claim made under sub-section 98 (3) of the
        Commonwealth Electoral Act 1918 or pursuant to an application made
        pursuant to paragraph 185 (1) (e) or (f) of that Act, shall, in the
        presence of the authorized witness, sign his name on the postal vote
        certificate in the place provided for the signature of the voter;

   (c)  the authorized witness shall sign his name in his own handwriting on
        the postal vote certificate in the place provided for the signature of
        the authorized witness, and shall add the title under which he acts as
        an authorized witness and the date;

   (d)  the elector shall, in the presence of the authorized witness, but so
        that the authorized witness cannot see the vote, mark his vote on the
        ballot-paper, fold the ballot-paper, place it in the envelope
        addressed to the Divisional Returning Officer for the Division in
        respect of which the elector claims to vote and fasten the envelope;

   (e)  the elector shall forthwith post or deliver the envelope, or cause it
        to be posted or delivered, to the Divisional Returning Officer;

   (f)  if the elector's sight is so impaired, or the elector is otherwise so
        physically incapacitated or so illiterate, that he cannot vote without
        assistance-

        (i)    the elector may appoint a person to mark the elector's vote on
               the ballot-paper in the presence of the authorized witness; or

        (ii)   if no person is so appointed, the authorized witness shall, if
               requested to do so by the elector, mark the elector's vote on
               the ballot-paper,

and the person who marks the elector's vote on the ballot-paper shall fold the
ballot-paper so that the vote cannot be seen, place it in the envelope
addressed to the Divisional Returning Officer, fasten the envelope and hand it
to the voter, who shall forthwith post or deliver it, or cause it to be posted
or delivered, to the Divisional Returning Officer;

   (g)  the authorized witness shall not, otherwise than in accordance with
        paragraph (f), look at or make himself acquainted with the vote given
        by the elector, and, except as provided in paragraph (f) shall not
        suffer or permit any person (other than the elector) to see or become
        acquainted with the elector's vote, or to assist the elector to vote,
        or to interfere in any way with the elector in relation to his vote.

(2) Without limiting the generality of sub-paragraph (1) (f) (ii), an elector
to whom that paragraph applies may indicate to the authorized witness the
manner in which the elector wishes the authorized witness to mark his
ballot-paper for him by presenting to the authorized witness 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.

(3) Notwithstanding anything contained in sub-section (1), where a postal
ballot-paper of an elector, if it were posted or delivered prior to the close
of the voting at the referendum for which the ballot-paper was issued as
provided in paragraph (1) (e) or (f), would not reach the Divisional Returning
Officer for the Division in respect of which the elector claims to vote before
the end of the period of 10 days immediately succeeding the close of the
voting at the referendum, the envelope in which the ballot-paper is enclosed
may be addressed to and posted or delivered to any other Divisional Returning
Officer or to an Assistant Returning Officer, or may be delivered on the
voting day for the referendum to any presiding officer and, where such an
envelope is received by an officer, the officer shall deal with it in the
prescribed manner.

(4) In the case of a postal vote certificate and a postal ballot-paper
delivered to an elector pursuant to an oral application-

   (a)  the elector shall not post or deliver the envelope fastened in
        accordance with sub-section (1), or cause that envelope to be posted
        or delivered, to the Divisional Returning Officer but shall, on the
        fastening of the envelope, forthwith deliver the envelope to the
        officer who delivered the certificate to him;

   (b)  subject to paragraph (a), sub-section (1) has effect subject to the
        regulations; and

   (c)  sub-section (3) does not apply.

(5) Subject to the regulations, where an envelope is delivered to an officer
in accordance with paragraph (4) (a), the officer shall deal with the envelope
as if it were an envelope containing an absent voter's ballot-paper completed
in accordance with section 46.