Victorian Current Acts

ELECTORAL ACT 2002 - SECT 110J

    (1)     This section applies to the processing of—

        (a)     ballot-papers deposited in ballot-boxes kept at an early voting centre under section 99(3); and

        (b)     ballot-papers received by post under section 106.

    (2)     The processing of ballot-papers must be conducted—

        (a)     during the authorised period; and

        (b)     within a restricted area; and

S. 110J(2)(ba) inserted by No. 13/2022 s. 24(1).

        (ba)     in the presence of any scrutineer; and

        (c)     in accordance with the regulations; and

        (d)     in accordance with any instructions in relation to secrecy determined by the Commission.

    (3)     An election manager or election official cannot conduct any processing of ballot-papers unless the election manager or election official has given written notice to each registered political party and each candidate whose name is printed on the ballot-papers specifying—

        (a)     the authorised period; and

        (b)     the location of the restricted area.

    (4)     A person must not enter the restricted area with any device that could be used to convey or transmit any information to a person or device located outside the restricted area.

Penalty:     600 penalty units.

    (5)     A person must not disclose or otherwise use information obtained during the processing of ballot-papers for any purpose other than the conducting of the processing.

Penalty:     In the case of a natural person, 600 penalty units;

    In the case of a body corporate or registered political party, 3000 penalty units.

Note

Section 179A applies to an offence against this subsection.

    (6)     In this section—

S. 110J(6) def. of authorised period amended by No. 13/2022 s. 24(2).

"authorised period" means—

        (a)     in the case of ballot-papers deposited in ballot-boxes kept at an early voting centre under section 99(3), the period of 10 hours immediately before the close of voting specified in the written notice given under subsection (3); and

        (b)     in the case of ballot-papers received by post under section 106, the period of 10 hours immediately before the close of voting specified in the written notice given under subsection (3);

"restricted area" means an area specified in the written notice under subsection (3)—

        (a)     that precludes any person outside that area from seeing or hearing any aspect of the processing; and

        (b)     that is under the control of an election manager or election official who can permit a person to enter or leave that area.