74—Issue of declaration voting papers by post or other means
(1) Declaration
voting papers must be issued under this section in respect of an
election—
(a) to
any elector who is entitled to vote at the election and is registered on the
register of declaration voters maintained under this section; or
(b) to
an elector who applies, by letter, for the issue of declaration voting papers
and whose application is received by the officer to whom it is addressed
before 5 p.m. on the Thursday last preceding polling day.
(2) An officer who
receives an application, by letter, for the issue of declaration voting papers
before 5 p.m. on the Thursday last preceding polling day must ensure that a
written response to the application is dispatched to the applicant before 6
p.m. on that Thursday.
(2a) Declaration
voting papers under subsection (1) or a response under
subsection (2) may be issued or dispatched—
(a) by
post; or
(b) in
some other manner prescribed by the regulations.
(3) If an elector, on
application to the Electoral Commissioner, satisfies
the Electoral Commissioner that—
(a) the
elector's address has been suppressed from publication under Part 4 Division
2; or
(b)
because of—
(i)
physical disability; or
(ii)
membership of a religious order or religious beliefs; or
(iii)
caring for a person who is seriously ill, infirm or
disabled,
the elector is likely to be precluded from attending at polling booths to
vote; or
(c) the
elector's place of residence is not within 20 kilometres, by the shortest
practicable route—
(i)
of any place likely to be a polling place appointed under
this Act; or
(ii)
of any place likely to constitute the site of a mobile
polling booth established under this Act,
the Electoral Commissioner may register the elector as a declaration voter.
(3a) An application
under this section for the issue of declaration voting papers to an elector,
or for registration of an elector as a declaration voter, may be made by a
person other than the elector if the application is accompanied by a
certificate from a medical practitioner, in a form approved by
the Electoral Commissioner, certifying that the elector is, because of
physical disability, unable to sign the elector's own name.
(4)
The Electoral Commissioner must maintain a register of electors who are
declaration voters containing the following information in relation to each
elector:
(a) the
surname; and
(b) the
Christian or given names; and
(c)
other than in the case of an elector whose address has been suppressed from
publication under Part 4 Division 2—
(i)
the address of the principal place of residence; and
(ii)
if an elector has provided an address to which
declaration voting papers are to be issued that is different from the address
of the principal place of residence—the address to which the papers are
to be issued.
(5)
The Electoral Commissioner must from time to time revise the register of
declaration voters.
(6) A person may
inspect the register of declaration voters at the office of
the Electoral Commissioner and, on payment of a fee to be determined by the
Electoral Commissioner, may be given a copy of, or of any part of, the
register.
(6a) The Electoral
Commissioner must, on request, provide (in a form determined by the Electoral
Commissioner)—
(a) the
registered officer of a registered political party with a copy of the
information contained in the register in relation to electors in any district;
or
(b) a
person who is a nominated candidate in an election with a copy of the
information contained in the register in relation to electors for—
(i)
in the case of a person who is a candidate in an election
for a House of Assembly district—that district; or
(ii)
in the case of a person who is a candidate in a
Legislative Council election—the Legislative Council district.
(6b) If a copy of
information contained in the register is provided to a person under
subsection (6a), a person who uses that copy, or information contained in
that copy, for a purpose other than the distribution of matter calculated to
affect the result of a State election or purposes related to the holding of
such election is guilty of an offence.
Maximum penalty: $10 000.
(7) A person who is
given an application by an elector for the issue of declaration voting papers
under this section on the basis that the person will deliver the application
to the appropriate officer must transmit the application to the appropriate
officer as soon as possible.
Maximum penalty: $1 250.