Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 93

93. (1) A ballot-paper of a voter, other than an absent voter's ballot-paper,
a postal ballot-paper or a ballot-paper used for voting pursuant to
section 37, 38, 39 or 65 is informal if-

   (a)  subject to sub-section (3), it is not authenticated by the initials of
        a presiding officer or by an official mark as prescribed;

   (b)  it has no vote marked on it;

   (c)  it has more than one vote marked on it; or

   (d)  it has upon it any mark or writing (not authorized by this Act or by
        the regulations to be put upon it) by which, in the opinion of a
        Divisional Returning Officer, the voter can be identified.

(2) An absent voter's ballot-paper is informal if-

   (a)  it is not contained in the envelope bearing a declaration made by the
        voter under sub-section 46 (1);

   (b)  subject to sub-section (3), it is not authenticated by the initials of
        a presiding officer or by an official mark as prescribed;

   (c)  it has no vote marked on it;

   (d)  it has more than one vote marked on it; or

   (e)  it has upon it any mark or writing (not authorized by this Act or the
        regulations to be put upon it) by which, in the opinion of a
        Divisional Returning Officer, the voter can be identified.

(3) A ballot-paper to which paragraph (1) (a) or (2) (b) applies shall not be
informal by virtue of that paragraph if the Divisional Returning Officer
responsible for considering the question of the formality of the ballot-paper
is satisfied that it is an authentic ballot-paper on which a voter has marked
his vote.

(4) Paragraphs (1) (d) and (2) (e) do not apply to any mark or writing placed
upon a ballot-paper by an officer, notwithstanding that the placing of the
mark or writing upon the ballot-paper is a contravention of this Act.

(5) A ballot-paper used for voting pursuant to section 65 is informal only on
the grounds prescribed by the regulations relating to voting pursuant to that
section.

(6) A ballot-paper is not informal for any reason other than a reason
specified in this section or, in the case of a postal ballot-paper or a
ballot-paper used for voting pursuant to section 37, 38, 39 or 65, the grounds
prescribed by the regulations.

(7) Except as authorized by this Act or the regulations, an officer shall not
place upon any ballot-paper any mark or writing which would enable any person
to identify the voter by whom it is used.

Penalty: $1,000.

(8) Effect shall be given to a ballot-paper of a voter according to the
voter's intention, so far as his intention is clear.