Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 72

72. (1) After the close of the voting at a referendum, the Divisional
Returning Officer shall conduct such preliminary scrutinies as he considers
appropriate until all applications for postal vote certificates and postal
ballot-papers have been produced, and all envelopes containing postal votes
received up to the end of the period of 10 days immediately succeeding the
close of the voting, and any envelopes received before the close of the voting
by any other Divisional Returning Officer, Assistant Returning Officer or
presiding officer pursuant to sub-section 66 (3), have been dealt with by the
first-mentioned Divisional Returning Officer in accordance with this section.

(2) At each preliminary scrutiny the Divisional Returning Officer shall
produce all applications for postal vote certificates and postal ballot-papers
(other than, in the case of a second or subsequent preliminary scrutiny, those
relating to envelopes containing postal votes dealt with at an earlier
preliminary scrutiny), and shall produce unopened all envelopes containing
postal votes received by him-

   (a)  in the case of the first preliminary scrutiny-before the time of that
        scrutiny; or

   (b)  in the case of a subsequent preliminary scrutiny-after the immediately
        preceding preliminary scrutiny and before the time of that subsequent
        scrutiny, and shall-

   (c)  compare the signature on each postal vote certificate with the
        signature on the corresponding application for the certificate, and
        allow any scrutineers appointed under section 89 who are present to
        inspect both signatures;

   (d)  if, in relation to any postal vote certificate and postal
        ballot-paper, he is satisfied that-

        (i)    the signature on the certificate is that of the elector who
               signed the application for the certificate;

        (ii)   the signature on the certificate purports to be witnessed by an
               authorized witness;

        (iii)  the vote contained in the envelope bearing the certificate was
               recorded prior to the close of the voting at the referendum;
               and

        (iv)   the elector is enrolled for that Division,

accept the ballot-paper for further scrutiny, but, if he is not so satisfied,
disallow the ballot-paper without opening the envelope in which it is
contained;

   (e)  withdraw each ballot-paper that has been accepted for further scrutiny
        from the envelope in which it is contained and, without inspecting or
        unfolding the ballot-paper or allowing any other person to do so,
        place it in a ballot-box set aside for ballot-papers of that kind;

   (f)  make up in separate parcels and preserve-

        (i)    all envelopes bearing postal vote certificates, being envelopes
               relating to postal ballot-papers that have been accepted for
               further scrutiny; and

        (ii)   all unopened envelopes containing postal ballot-papers that
               have been disallowed; and

   (g)  proceed with the scrutiny of the postal ballot-papers that have been
        accepted for further scrutiny.

(3) Where a Divisional Returning Officer for a Division (in this sub-section
referred to as the ''relevant Division'') who is dealing under sub-section (2)
with an envelope is-

   (a)  satisfied that the elector who signed the postal vote certificate
        printed on the envelope is not enrolled for the relevant Division;

   (b)  satisfied that, if the elector were enrolled for the
        relevant Division, the ballot-paper for the referendum contained in
        the envelope would be accepted under sub-section (2) for further
        scrutiny; and

   (c)  satisfied, after making such inquiry as may be necessary, that the
        elector was, at the time of voting, entitled to be enrolled on the
        Roll for the relevant Division and his name was not on that Roll by
        reason of an error or mistake by an officer, the
        Divisional Returning Officer shall accept the ballot-paper for further
        scrutiny.

(4) Where-

   (a)  the Divisional Returning Officer for a Division (in this sub-section
referred to as the ''relevant Division'') is dealing under sub-section (2)
with an envelope that purports to contain a ballot-paper for a referendum;

   (b)  the Divisional Returning Officer is satisfied that the elector who
        signed the postal vote certificate printed on the envelope is not
        enrolled for the relevant Division;

   (c)  sub-section (3) does not apply in relation to the envelope; and

   (d)  the Divisional Returning Officer is satisfied that-

        (i)    the elector, at the time of voting, was enrolled on the Roll
               for another Division in the State or Territory that includes
               the relevant Division; and

        (ii)   if the elector were enrolled for the relevant Division, the
               ballot-paper contained in the envelope would be accepted under
               sub-section (2) for further scrutiny, the
               Divisional Returning Officer shall accept the ballot-paper for
               further scrutiny.

(5) Where the Divisional Returning Officer proposes to conduct a preliminary
scrutiny under this section, he shall, before 4 o'clock in the afternoon of
the day before the day on which the scrutiny is to be conducted, cause to be
prominently exhibited at his office a notice setting out the day on which, and
the time or times at which, the scrutiny is to be conducted, and he shall, as
far as is reasonably practicable, conduct the scrutiny accordingly.

(6) For the purposes of sub-paragraph (2) (d) (iii), where the envelope that
contains a postal ballot-paper for a referendum bears a postmark that includes
a date after the voting day for the referendum, the vote recorded on the
postal ballot-paper shall, except for the purposes of proceedings under Part
VIII, be taken not to have been recorded prior to the close of the voting at
the referendum.

(7) The regulations may modify the application of the preceding sub-sections
of this section in respect of the scrutiny of-

   (a)  postal ballot-papers that have been given to electors in accordance
        with oral applications under section 57;

   (b)  postal ballot-papers that have been delivered or posted to electors
        who are enrolled pursuant to claims made under sub-section 98 (3) of
        the Commonwealth Electoral Act 1918; or

   (c)  postal ballot-papers that have been delivered or posted to electors
        who are registered postal voters by virtue of an application made
        pursuant to paragraph 185 (1) (f) of the
        Commonwealth Electoral Act 1918.

(8) For the purposes of Part VI, the actions taken by a Divisional Returning
Officer under sub-section (1), (2), (3) or (4) in relation to a referendum
(including those sub-sections as modified in accordance with sub-section (7))
shall be taken to be part of the scrutiny in relation to the referendum.