Commonwealth Numbered Regulations

1984 No. 287 ELECTORAL AND REFERENDUM REGULATIONS (AMENDMENT) - REG 17

17. Regulations 71 and 72 of the Principal Regulations are repealed and the
following regulations substituted: Scrutiny of votes cast under section 192,
235, 236 or 237 of the Act or section 37, 38, 39 or 65 of the
Referendum (Machinery Provisions) Act

"71. The receipt, scrutiny, parcelling and preservation of ballot-papers and
envelopes bearing declarations used for the purposes of voting under-

   (a)  section 192, 235, 236 or 237 of the Act; or

   (b)  section 37, 38, 39 or 65 of the Referendum (Machinery Provisions) Act,
        shall be dealt with as nearly as practicable in accordance with the
        provisions of the Act or the Referendum (Machinery Provisions) Act, as
        the case requires, dealing with absent voters' ballot-papers and
        absent voters' declarations. Assistance to certain voters

"72. Where-

   (a)  sub-section 234 (1) of the Act applies in relation to a person voting
        under section 192, 235, 236 or 237 of the Act; or

   (b)  sub-section 36 (1) of the Referendum (Machinery Provisions) Act
        applies in relation to a person voting under section 37, 38, 39 or 65
        of the Referendum (Machinery Provisions) Act, the presiding officer
        shall-

   (c)  fill in the declaration referred to in the section under which the
        person is voting with the required particulars as given by the voter;

   (d)  read the declaration to the voter;

   (e)  complete and attest the declaration; and

   (f)  cause the declaration to be witnessed by a scrutineer or, if no
        scrutineer is present, by the poll clerk.

Spoilt ballot-papers

"72A. (1) For the purposes of section 238 of the Act or section 41 of the
Referendum (Machinery Provisions) Act, an officer who has cancelled a spoilt
ballot-paper shall-

   (a)  write the word 'spoilt' on the back of the ballot-paper;

   (b)  place the ballot-paper in an envelope, seal the envelope and indicate
        in writing on the envelope the type of ballot-paper enclosed and that
        the ballot-paper is spoilt; and

   (c)  sign the envelope.



"(2) The envelopes containing ballot-papers dealt with in accordance with
sub-regulation (1) shall be sealed up in a parcel and delivered to the
Divisional Returning Officer after the close of the poll.".