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Rules/Other as amended, taking into account amendments up to Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 6)
Registered 07 Sep 2010
Start Date 18 Jul 2002

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Rules 1990

as amended

made under section 113 of the

This compilation was prepared on 23 July 2002
taking into account amendments up to
Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 6)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Contents

Page

Part 1                 Preliminary

                        1  Name of rules [see Note 1]                                                                      7

                        2  Interpretation                                                                                          7

                      2A  Regions divided into wards                                                                       9

                        4  Electoral Commissioner may give directions                                            10

                        5  Regional Returning Officer                                                                      10

                        6  Aboriginal and Torres Strait Islander liaison officers                                  10

                        7  Liaison officer to be present during polling                                                10

Part 2                 Nominations

                        8  Qualifications of person nominated                                                          12

                        9  Manner of nomination                                                                            12

                       10  To whom nominations made                                                                   12

                       13  Requirements for nomination                                                                  12

                       14  Form of consent to act                                                                           13

                       15  Rejection of nomination                                                                          13

                       17  Place of nomination                                                                               13

                       18  Day of nomination                                                                                 13

                       19  Hour of nomination                                                                                13

                       20  Declaration of nominations                                                                     13

                       21  Withdrawal of consent to nomination                                                       14

                       23  Where poll to be held                                                                             14

                       24  Death of candidate after nomination                                                        14

                       25  Failure of election                                                                                  14

Part 3                 Conduct of the election

Division 1             General

                       26  Persons not to vote more than once                                                        15

                       27  Photographs of candidates                                                                     15

                       28  Undertaking by officers and scrutineers                                                   15

                       29  Ballot‑boxes to be securely fastened                                                       15

                       30  Official mark                                                                                         15

Division 2             Postal Voting

                       31  Grounds for applying for postal vote                                                         16

                       32  Application for postal vote                                                                      16

                       33  Duty of an authorised witness                                                                 16

                       34  Issue of postal voter cards and ballot-papers                                            17

                       35  Inspection of applications                                                                       17

                       36  Form of postal voter cards                                                                      17

                       37  Postal voting                                                                                         17

                       38  Unauthorised interference                                                                       19

                       39  Procedure for dealing with postal voter cards etc                                      19

                       40  Opening postal ballot‑papers                                                                  20

                       41  Failure to post or deliver postal vote application or ballot‑paper                  20

                       42  Inducing elector to hand over marked ballot‑paper                                     20

                    42A  Commencement of preliminary scrutiny of postal votes                             20

                       43  Conduct of preliminary scrutiny of postal votes                                         20

                       44  Mistakes                                                                                              23

                       45  Correction of formal errors                                                                      23

                    45A  Further investigation of postal votes by a regional panel                            23

Division 2A           Pre‑poll voting

                       46  Grounds for applying for pre‑poll vote                                                       25

                       47  Pre‑polling voting officers                                                                        25

                       48  Applying for a pre‑poll vote                                                                     25

                       49  Place and time for applying                                                                    25

                       50  Pre‑poll voting                                                                                       25

                       51  Form of pre-poll voter card                                                                      27

                       52  Record of issue of pre-poll voting papers                                                  27

                       53  Opening of pre‑poll voting envelope                                                          28

                    53A  Obligations of persons present when pre‑poll vote is cast                          28

                    53B  Mistakes                                                                                              28

                    53C  Correction of formal errors                                                                      28

                    53D  Further investigation of pre-poll votes by a regional panel                           28

Division 3             The poll

                       54  Arrangements for polling                                                                        29

                       55  Substitute                                                                                             29

                       56  Use of licensed premises as polling booth                                               30

                       57  Separate voting compartments                                                               30

                       58  Ballot‑boxes                                                                                         30

                       59  Ballot‑papers                                                                                        30

                       60  Printing of ballot-papers                                                                         30

                       61  Determination of order on ballot‑papers                                                    31

                       62  Ballot‑papers to be initialled                                                                   32

                       63  Scrutineers at the polling                                                                       32

                       64  Provisions relating to scrutineers                                                            32

                       65  Persons present at polling                                                                      32

                       66  Polling                                                                                                  33

                       67  Where electors may vote                                                                       33

                       68  Interpretation                                                                                         34

                       69  Mobile booths — hospitals                                                                     34

                       70  Provisions related to rule 69                                                                   35

                    70A  Mobile booths — prisons                                                                       36

                       71  Mobile booths                                                                                       37

                       72  Forwarding of votes                                                                                39

                       73  Questions to ask voter                                                                           40

                       74  Completion of voter card                                                                         41

                       75  Objection by scrutineer                                                                          41

                       76  Voter record                                                                                          41

                       77  Voting procedure                                                                                   41

                       78  Function of liaison officers                                                                      42

                       79  Decision by senior liaison officer                                                             42

                       80  Elector to leave booth                                                                            43

                       81  Assisting certain voters                                                                          43

                       82  Spoilt ballot‑papers                                                                                44

                       83  Marking of votes                                                                                    44

                       84  Adjournment of polling                                                                           45

                       85  Adjournment in other cases                                                                    45

                       86  Voting at adjourned polling                                                                     45

                       87  When elections held in some wards only                                                 45

Part 4                 The scrutiny

                       88  Scrutiny                                                                                               46

                       89  Scrutineers                                                                                           46

                       90  Conduct of scrutiny                                                                               46

                       91  Scrutiny of votes                                                                                   46

                       92  Computerised scrutiny of votes                                                               50

                       93  Combination of manual and computer scrutiny permitted                           52

                       94  Scrutiny of postal and pre-poll ballot-papers                                             52

                       95  Action on objections to ballot‑papers                                                       52

                       96  Officers not to mark ballot-papers so that voter can be identified                52

                    96A  Counting of votes                                                                                   52

                    96B  Exhaustion of ballot paper                                                                      53

                       97  Recount at elections                                                                              53

                       98  Recount                                                                                               53

                    98A  Sending ballot‑papers electronically                                                        54

                       99  Powers of officer conducting recount                                                       55

                     100  Reservation of disputed ballot‑papers                                                      55

Part 5                 The Declaration of the Poll

                     101  Declaration of Poll                                                                                 56

                     102  Correction of errors                                                                                56

                     103  Extension of time                                                                                  56

Part 6                 Electoral offences

                     104  Interpretation                                                                                         57

                     105  Officers and scrutineers to observe secrecy                                             57

                     106  Bribery                                                                                                 57

                     107  Interference with political liberty                                                              58

                     109  Officers not to influence vote                                                                   58

                     110  Printing and publication of electoral advertisements, notices etc                58

                     111  Misleading or deceptive publications etc                                                  58

                     112  False statements about enrolment                                                          59

                     113  Heading to electoral advertisements                                                        59

                     114  Authors of reports etc to be identified                                                      60

                     115  Cards in polling booth                                                                            60

                     116  Signature to electoral paper                                                                    60

                     117  Witnessing electoral papers                                                                   61

                     118  False certification                                                                                  61

                     119  Unlawfully marking ballot‑papers                                                             61

                     120  Other offences relating to ballot‑papers etc                                              62

                     121  Prohibition of canvassing near polling booths                                           62

                     122  Badges or emblems in polling booths                                                      63

                     123  Forging or uttering electoral papers                                                         63

                     124  Protection of the official mark                                                                 63

                     125  Misconduct in polling booth                                                                    64

                     126  Re-entry after removal from booth                                                            64

                     127  Defamation of candidate                                                                         64

                     128  Publication of matter regarding candidates                                               65

Part 7                 Miscellaneous

                     130  Further elections                                                                                   66

                     131  Advice to electors not entitled to vote in respect of a ward                         66

                     132  Extension of time for acts by officers                                                       66

                     133  Institution of proceedings                                                                       67

                     134  Proof of posting                                                                                     67

                     135  Preservation of ballot‑papers                                                                   67

                     136  Responsibility for preservation of documents                                            67

                     137  Authorised official inquiry                                                                       68

                     138  Collection of statistical information                                                          68

                     139  Delegation                                                                                            68

Part 8                 Indigenous Electors Roll — Tasmania

Division 1             Preliminary

                     140  Application of Part 8                                                                              69

                     141  Purpose of Part 8                                                                                  69

                     142  Definitions for Part 8                                                                              69

Division 2             Indigenous Electors Roll

                     143  Electoral Commission to prepare Indigenous Electors Roll                        69

                     144  Eligibility                                                                                              69

                     145  Enrolment                                                                                             70

                     146  Provisional Roll                                                                                     70

                     147  Public inspection of the Provisional Roll                                                   70

                     148  Objection to the enrolment of a person on the Provisional Roll                   71

                     149  Submissions by the applicant                                                                 71

                     150  Consideration of objection — if applicant has not made a submission        72

                     151  Consideration of objection — if applicant has made a submission              72

                     152  Help for applicants                                                                                 72

                     153  Notice of Committee’s decision                                                              72

                     154  Indigenous Electors Roll                                                                        73

                     155  Request for address not to be shown on Rolls                                          73

Division 3             Independent Indigenous Advisory Committee

                     156  The Committee                                                                                     75

                     157  Remuneration of Committee members                                                     75

                     158  Procedure at Committee meetings                                                          75

                     159  Help for Committee                                                                                75

                     160  Committee Secretariat                                                                           76

Division 4             Voting

                     161  Voting                                                                                                  76

Division 5             Offences

                     162  Copying Rolls                                                                                       77

                     163  Disclosure of contents of Rolls                                                               77

                     164  Use of information on Rolls                                                                     77

Division 6             Miscellaneous

                     165  Preliminary scrutiny of votes — silent electors                                         77

                     166  Administrative review                                                                             78

                     167  Destruction of documents containing sensitive information                        78

                     168  Conduct of preliminary scrutiny of votes                                                   78

                     169  Provisions that do not apply                                                                   80

Division 7             Modification of Rules for 2002 Tasmanian Regional Council elections

                     170  Modification of Rules                                                                             80

Schedule 1           Wards                                                                                                 81

Part 1                    New South Wales                                                                                 81

Part 2                    Northern Territory                                                                                  81

Part 3                    Queensland                                                                                          82

Part 4                    South Australia                                                                                     83

Part 5                    Tasmania                                                                                             83

Part 6                    Victoria                                                                                                84

Part 7                    Western Australia                                                                                 84

Schedule 2           Modification of Rules for 2002 Tasmanian Regional Council elections 86

Schedule 2           Grounds on which to apply for postal or pre-poll vote                        88

Notes                                                                                                                               90

 

 

 

 


Part 1                 Preliminary

  

1              Name of rules [see Note 1]

                These rules are the Aboriginal and Torres Strait Islander Commission (Regional Council Election) Rules 1990.

2              Interpretation

         (1)   In these Rules, unless the contrary intention appears:

approved means approved by the Electoral Commission by notice published in the Gazette.

ATSIC means the Commission.

Australian Capital Territory includes the Jervis Bay Territory.

authorised witness means an elector whose name appears on the Roll for:

                (a)    a State; or

               (b)    the Australian Capital Territory; or

                (c)    the Northern Territory.

compartment, in relation to a polling booth, means a compartment constructed in the polling booth in pursuance of rule 57.

confirmation of Aboriginality certificate means a certificate given by an Aboriginal or Torres Strait Islander corporation stating that the person named in the certificate is an Aboriginal person or a Torres Strait Islander.

courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place in Australia specified by or on behalf of the person and the conveyance (whether by aircraft or otherwise) and delivery of the article to another place in Australia that is so specified, being a service approved by the Electoral Commissioner.

Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19 of the Electoral Act.

Division has the same meaning as in the Electoral Act.

election means an election for the members for a Regional Council ward.

elector means a person who is entitled to vote in an election.

Electoral Act means the Commonwealth Electoral Act 1918.

Electoral Commission means the Australian Electoral Commission established by section 6 of the Electoral Act.

Electoral Commissioner means the Electoral Commissioner referred to in section 18 of the Electoral Act.

electoral matter means matter which is intended or likely to affect voting in an election.

hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.

issuing point, in relation to a polling booth, means a place within the polling booth at which ballot‑papers are issued to persons voting at the booth.

liaison officer means an Aboriginal and Torres Strait Islander liaison officer appointed under rule 6.

nomination period means the period beginning 60 days before the day fixed for polling under section 104 of the Act and ending at the hour of nomination.

officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, a Divisional Returning Officer, a Regional Returning Officer, an Assistant Returning Officer, a presiding officer, an assistant presiding officer, a substitute presiding officer, an electoral visitor, a mobile polling team leader, a mobile polling team member, a senior liaison officer, a liaison officer and a pre‑poll voting officer.

polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, under rule 54, for the purposes of taking votes during polling.

polling place means a place appointed as a polling place in pursuance of section 105 of the Act.

postal vote means a vote cast before polling day, by means of post.

postal voter card means a postal voter card issued under subrule 34 (1).

pre-poll vote means a vote cast before the close of the poll, by the voter attending in person at the office of a Regional Returning Officer or of a pre‑poll voting officer.

pre-poll voter card means a pre-poll voter card issued under subrule 50 (1).

pre‑poll voting officer means a person appointed under rule 47.

registered medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.

relevant Regional Returning Officer, in relation to an elector, means the Regional Returning Officer for the region containing the ward for which the elector is enrolled.

Returning Officer includes Regional Returning Officer and Assistant Returning Officer.

Roll means:

                (a)    for the 2002 Tasmanian Regional Council elections — the Indigenous Electors Roll under Part 8; or

               (b)    in any other case — an Electoral Roll under the Electoral Act.

senior liaison officer means a senior Aboriginal and Torres Strait Islander liaison officer appointed under rule 6.

special hospital means a special hospital within the meaning of rule 69.

Subdivision has the same meaning as in the Electoral Act.

Territory means the Australian Capital Territory or the Northern Territory.

the Act means the Aboriginal and Torres Strait Islander Commission Act 1989.

voter card means a voter card in the approved form.

         (2)   In relation to an election in a region a provision of these Rules that:

                (a)    provides for the giving of a document to; or

               (b)    confers a power or function on;

                the Regional Returning Officer is to be taken to refer to the Regional Returning Officer responsible for that region.

         (3)   Without limiting the generality of the definition of electoral matter in subsection (1), matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on:

                (a)    the election; or

               (b)    an issue submitted to, or otherwise before, the electors in connection with the election.

         (4)   For the purposes of these Rules a person is enrolled in respect of a ward if, at 5pm on the fifteenth day before the day of the poll:

                (a)    the person’s name appears on the Roll at an address located in the ward; or

               (b)    the person’s name is entered on the Roll:

                          (i)    under section 96 of the Electoral Act; and

                         (ii)    for a Subdivision where part of that Subdivision is in the ward; or

                (c)    where the person has made a request under section 104 of the Electoral Act — the person’s address as shown on the request is in the ward.

         (5)   A reference in these Rules, in relation to an election in a region, to a senior liaison officer is a reference to the person appointed by the Regional Returning Officer to be the senior liaison officer for that region in relation to that election.

         (6)   For the purposes of these Rules, if a region is not divided into wards, the region is taken to be a single ward.

         (7)   A reference to a voter or an elector, in a provision of these Rules that creates an offence, includes a reference to a person who is not entitled to vote but attempts to do so.

2A           Regions divided into wards

         (1)   For the purposes of paragraph 100A (1) (a) of the Act, a region specified in column 1 in Schedule 1 is divided into the wards specified for the region in column 2.

         (2)   For the purposes of paragraph 100A (1) (b) of the Act, the boundary of a ward specified in column 2 in Schedule 1 is the boundary depicted for the ward in the map specified in column 4 in Schedule 1 in relation to the ward.

         (3)   For the purposes of paragraph 100A (1) (c) of the Act, the designated number for a ward specified in column 2 in Schedule 1 is the number specified in column 3 in relation to the ward.

         (4)   In subrule (2):

map, in relation to a ward, means the map:

                (a)    identified in the Aboriginal and Torres Strait Islander Commission (Regional Boundaries) Determination 1996 (in force on 19 September 2001) by the description given in Schedule 1 in relation to the ward; and

               (b)    published by the Commission.

Note   Maps referred to in rule 2A are available from the Central Office of the Aboriginal and Torres Strait Islander Commission, MLC Tower Building, Phillip, A.C.T., 2606.

4              Electoral Commissioner may give directions

                The Electoral Commissioner may give written directions to officers with respect to the performance of their functions, and the exercise of their powers, under these Rules.

5              Regional Returning Officer

                A reference in these Rules, in relation to a region, to a Regional Returning Officer is a reference to the person appointed by the Electoral Commissioner to be the Regional Returning Officer for that region in relation to an election.

6              Aboriginal and Torres Strait Islander liaison officers

         (1)   Before polling commences in an election, the Regional Returning Officer in consultation with the Commission must appoint:

                (a)    persons to be Aboriginal and Torres Strait Islander liaison officers; and

               (b)    in relation to each region — a person (not being a liaison officer) to be the senior Aboriginal and Torres Strait Islander liaison officer for the region.

         (2)   A liaison officer or a senior liaison officer must:

                (a)    be an Aboriginal person or a Torres Strait Islander; and

               (b)    be over the age of 18 years; and

                (c)    reside in the region for which he or she is appointed and be enrolled in respect of a ward in that region; and

               (d)    not be:

                          (i)    a candidate for election in the election for which he or she is a liaison officer or a senior liaison officer; or

                         (ii)    a member of the staff of, or a consultant to, the Commission.

7              Liaison officer to be present during polling

                A liaison officer must be present at all times during polling at:

                (a)    a polling booth; or

               (b)    a special hospital; or

                (c)    a prison; or

               (d)    a mobile polling station.

Part 2                 Nominations

  

8              Qualifications of person nominated

         (1)   No person is capable of being elected as a member of a Regional Council unless duly nominated.

         (2)   To entitle a person to be nominated as a member of a Regional Council, he or she must have the qualifications specified in section 102 of the Act.

9              Manner of nomination

         (1)   A nomination must:

                (a)    set out the name, occupation, place of residence and postal address of the candidate; and

               (b)    be signed by not less than 4 electors, other than the candidate, who are enrolled in respect of the ward for which the candidate is nominated.

         (2)   A nomination must be in the approved form and must be accompanied by a fee of $50.

      (2A)   The fee referred to in subrule (2) may be paid by cash, bank cheque or money order, or by a payment order drawn by a non-bank financial institution on itself or on another branch of the non-bank financial institution.

         (4)   For the purposes of this rule, the name of a candidate includes:

                (a)    the surname, and at least one given name, under which the candidate is enrolled in respect of the ward; and

               (b)    if the candidate so wishes any other name, or nickname, by which the candidate is commonly known.

         (5)   A nomination must include a statement of the form in which the candidate’s name is to be printed on the ballot‑papers for the election.

         (6)   For the purposes of subrule (5), a commonly accepted variation of the candidate’s enrolled given name may be used if approved by the Regional Returning Officer.

10            To whom nominations made

                Nominations of persons for election as members for a Regional Council ward must be made to the Regional Returning Officer for the region containing the ward for which the election is to be held.

13            Requirements for nomination

                A nomination is not valid unless:

                (a)    the person nominated:

                          (i)    consents to act if elected; and

                         (ii)    declares:

                                   (A)     that he or she is qualified to stand for election under section 102 of the Act; and

                                   (B)     that he or she is not, and does not intend to be, a candidate in any other election to be held on the same day as the election to which the nomination relates; and

                         (iii)    is enrolled for the ward for which he or she is nominating when the declaration is made; and

               (b)    the nomination paper, or a copy received by facsimile transmission, is received by the Regional Returning Officer within the nomination period.

14            Form of consent to act

                The consent of the person nominated to act if elected and the declaration referred to in subparagraph 13 (a) (ii) is sufficient if he or she signs the form of consent and declaration at the foot of the nomination paper, but the Regional Returning Officer receiving the nomination may accept any other form of consent and declaration, whether accompanying the nomination paper or not, that he or she deems satisfactory, and such acceptance is final.

15            Rejection of nomination

         (1)   Subject to subrule (2), a nomination shall be rejected by the officer to whom it is made if, and only if, the provisions of rules 9, 10, 13 or 14 have not been complied with in relation to the nomination.

         (2)   No nomination is to be rejected by reason of any formal defect or error in the nomination if the officer to whom the nomination is made is satisfied that the provisions of rules 9, 10, 13 and 14 have been substantially complied with.

17            Place of nomination

                The office of the Regional Returning Officer for a region is the place of nomination for that region.

18            Day of nomination

                The day of nomination is 31 days before the day fixed for the poll.

19            Hour of nomination

                The hour of nomination is 5pm on the day of nomination.

20            Declaration of nominations

         (1)   The Regional Returning Officer for a region containing a ward in which an election is being held must, within 24 hours after the hour of nomination but not before noon on the day after the day of nomination:

                (a)    attend at the place of nomination for the region; and

               (b)    publicly produce all nomination papers received by him or her; and

                (c)    read out the names and places of residence of all candidates nominated.

         (2)   However, if a nomination paper includes the place of residence or address of a person that, in accordance with the Electoral Act, is not shown on the Roll, the Regional Returning Officer:

                (a)    must comply with paragraph (1) (b) by producing a copy of the nomination paper on which the person’s place of residence and address are obliterated; and

               (b)    must not read out the place of residence of the person.

21            Withdrawal of consent to nomination

                A candidate may withdraw his or her consent to his or her nomination at any time before the hour of nomination by lodging with the Regional Returning Officer for the region a notice of withdrawal, and thereupon the nomination is cancelled.

23            Where poll to be held

                Where, under subsection 107 (2) of the Act, a poll is to be held, the proceedings in the election shall, subject to the provisions of these Rules relating to voting before polling day, stand adjourned to polling day.

24            Death of candidate after nomination

                If after the nominations for an election have been declared and before polling day any candidate dies and the candidates remaining are not greater in number than the candidates required to be elected, they must forthwith be declared to be elected.

25            Failure of election

         (1)   An election is taken to have wholly failed if no candidate is nominated or returned as elected.

         (2)   An election is taken to have partially failed if the number of candidates for election is fewer than the number of candidates required to be elected.

Part 3                 Conduct of the election

Division 1              General

26            Persons not to vote more than once

                An Aboriginal person or a Torres Strait Islander is not entitled to vote more than once:

                (a)    at any Regional Council ward election; or

               (b)    at more than one Regional Council ward election held on the same day.

Note   For offences in relation to voting, see subrule 120 (1).

27            Photographs of candidates

         (1)   If, by the hour of nomination, a candidate provides a photograph of himself or herself to the Regional Returning Officer for the region containing the ward for which the candidate is nominated, the Regional Returning Officer must arrange for:

                (a)    copies to be made of the photograph; and

               (b)    copies of the photograph to be displayed during the time voting is in progress at all places in the ward where voting takes place.

         (2)   The photograph provided under subrule (l) must:

                (a)    be of a quality which will allow effective reproduction; and

               (b)    depict only the head and shoulders of the candidate.

28            Undertaking by officers and scrutineers

         (1)   Every officer and scrutineer performing functions under these rules must make an undertaking in the approved form.

         (2)   An omission by an officer or scrutineer to sign an undertaking under subrule (1) is not to be a ground for setting aside an election.

29            Ballot‑boxes to be securely fastened

                Each ballot‑box must be capable of being securely fastened.

30            Official mark

                The official mark for the authentication of ballot‑papers is a water mark in the paper thereof consisting of a representation of a shield having therein the letters ‘CA’ intertwined.

Division 2              Postal Voting

31            Grounds for applying for postal vote

                An elector may apply for a postal vote on a ground set out in Schedule 2.

32            Application for postal vote

         (1)   An applicant for a postal vote must apply to a Regional Returning Officer.

         (2)   An application must:

                (a)    be in writing in the approved form; and

               (b)    contain a declaration by the applicant that he or she is entitled to apply for a postal vote; and

                (c)    be signed by the applicant in the presence of an authorised witness.

         (3)   An application must not be made until after the publication in the Gazette of a notice under subsection 104 (2) of the Act.

         (4)   An elector must not make a false statement in:

                (a)    an application; or

               (b)    a declaration relating to an application.

Penalty:   100 penalty units.

         (5)   A person must not induce an elector to make a false statement in:

                (a)    an application; or

               (b)    a declaration relating to an application.

Penalty:   100 penalty units.

33            Duty of an authorised witness

         (1)   A person must not sign as an authorised witness to the signature of an elector on an application for a postal vote unless the person:

                (a)    is satisfied as to the identity of the elector; and

               (b)    has seen the elector sign the application; and

                (c)    is satisfied that the statements in the application are true:

                          (i)    from personal knowledge; or

                         (ii)    from questioning of the elector or by other means.

Penalty:   50 penalty units.

         (2)   A person who signs as an authorised witness must write on the application the date on which he or she has signed it.

34            Issue of postal voter cards and ballot-papers

         (1)   Subject to subrule (2), on receiving an application for a postal vote that is properly made, signed and witnessed, a Regional Returning Officer must:

                (a)    allocate a number to the application; and

               (b)    record the same number on the postal voter card issued to the applicant; and

                (c)    post to the applicant:

                          (i)    a postal voter card attached to an envelope; and

                         (ii)    a postal ballot-paper; and

                         (iii)    an outer envelope addressed to the relevant Regional Returning Officer.

         (2)   If a Regional Returning Officer receives an application after the last mail clearance at the nearest post office on the last Thursday before polling day, the Regional Returning Officer must not post a postal voter card or ballot‑paper to the applicant.

         (3)   Before posting a postal voter card and postal ballot-paper, the Regional Returning Officer must initial, in writing, the front of the ballot‑paper.

35            Inspection of applications

         (1)   A Regional Returning Officer who issues a postal voter card and postal ballot‑paper must:

                (a)    write the date of issue on the application to which they correspond; and

               (b)    if he or she is not the relevant Regional Returning Officer — send the application to the relevant Regional Returning Officer.

         (2)   Subject to subrule (3), all applications for postal votes received by the relevant Regional Returning Officer must be open to public inspection at his or her office during ordinary office hours:

                (a)    on and from the third day after polling day; and

               (b)    until the time when the election can no longer be questioned.

         (3)   Before making applications available for public inspection, the Regional Returning Officer must remove from the applications the address of any person whose address has been excluded from the Roll under section 104 of the Electoral Act.

36            Form of postal voter cards

                A postal voter card and postal ballot‑paper must be in the approved form.

37            Postal voting

         (1)   Subject to subrule (8), the following requirements for postal voting must be substantially given effect:

                (a)    the elector must show his or her unsigned postal voter card and unmarked postal ballot‑paper to an authorised witness;

               (b)    the elector must sign the postal voter card in the presence of the authorised witness;

                (c)    the authorised witness must:

                          (i)    sign the postal voter card as an authorised witness; and

                         (ii)    write the date of the witnessing;

               (d)    the elector must mark his or her vote on the ballot‑paper in the presence of the authorised witness but so that the witness cannot see the vote, fold the ballot‑paper, place it in the envelope addressed to the relevant Regional Returning Officer and seal the envelope;

                (e)    the elector must enclose the following documents (the postal voting papers) in the outer envelope:

                          (i)    the envelope containing the ballot-paper;

                         (ii)    the postal voter card;

                         (iii)    a confirmation of Aboriginality certificate for the elector;

                        (iv)    a statutory declaration by the elector that he or she is an Aboriginal person or a Torres Strait Islander;

                (f)    subject to subrule (6), the elector must post or deliver the outer envelope containing the postal voting papers to the relevant Regional Returning Officer.

         (2)   A statutory declaration for the purposes of a postal vote must not be made before a person who is a candidate in the election to which the vote relates.

         (3)   If the elector cannot read, or is so disabled that he or she is unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector:

                (a)    complete the postal voter card for him or her; and

               (b)    do for the elector any act required by paragraph (1) (d), (e)
or (f).

         (4)   Directions under subrule (3) may be given by reference to a how‑to‑vote card.

         (5)   In the case of a ballot‑paper that:

                (a)    if posted before the close of a poll — would be unlikely to reach the relevant Regional Returning Officer within 6 days after polling day; or

               (b)    if delivered to the relevant Regional Returning Officer — would be unlikely to reach him or her before the close of the poll;

                the elector may take the steps set out in subrule (6).

         (6)   For subrule (5), the elector may:

                (a)    before the close of the poll:

                          (i)    address the postal voting papers to a Regional Returning Officer other than the relevant Regional Returning Officer; and

                         (ii)    send the papers to the officer; or

               (b)    deliver the postal voting papers to a pre-poll voting officer or a presiding officer.

         (7)   A Regional Returning Officer, a pre-poll voting officer or a presiding officer to whom postal voting papers are delivered under subrules (5) and (6) must deal with the papers in accordance with rule 39.

         (8)   In subrule (1), authorised witness, in relation to a particular election, does not include a candidate in the election.

38            Unauthorised interference

                Except at an elector’s request, a person must not:

                (a)    interfere with the elector in relation to the marking of his or her postal ballot‑paper; or

               (b)    do anything that would enable the person or any other person to find out what is marked on the postal ballot- paper.

Penalty:   100 penalty units.

39            Procedure for dealing with postal voter cards etc

                If:

                (a)    a Regional Returning Officer receives an envelope containing a ballot paper and a postal voter card issued in relation to a Region for which he or she is not the relevant Regional Returning Officer; or

               (b)    a pre‑poll voting officer or a presiding officer receives an envelope containing a ballot paper and a postal voter card;

                (whether or not accompanied by a confirmation of Aboriginality certificate and a statutory declaration), he or she must:

                (c)    endorse on the envelope:

                          (i)    ‘Received by me’; and

                         (ii)    the date and time of receipt of the envelope; and

               (d)    sign the endorsement and add the words ‘Regional Returning Officer’, ‘Pre‑poll Voting Officer’ or ‘Presiding Officer’, as the case may be; and

                (e)    make a record of:

                          (i)    the name of the voter; and

                         (ii)    the name of the region and ward to which the postal voter card appears to relate; and

                (f)    until dealing with the envelope and postal voter card in accordance with paragraph (g), keep the envelope and postal voter card in a ballot‑box; and

                (g)    send:

                          (i)    the envelope and postal voter card; and

                         (ii)    the record; and

                         (iii)    the confirmation of Aboriginality certificate and statutory declaration (if any);

                        to the relevant Regional Returning Officer in accordance with his or her instructions.

40            Opening postal ballot‑papers

                An envelope that appears to contain a postal ballot‑paper on which a vote has been recorded must not be opened by a person other than:

                (a)    the relevant Regional Returning Officer; or

               (b)    an officer acting on the direction of the relevant Regional Returning Officer.

Penalty:   50 penalty units.

41            Failure to post or deliver postal vote application or ballot‑paper

                If a person is entrusted by an elector, and undertakes, to post or deliver:

                (a)    an application for a postal vote; or

               (b)    an envelope apparently containing a postal ballot‑paper; or

                (c)    a postal voter card;

                the undertaking must be given effect as soon as is practicable.

Penalty:   100 penalty units.

42            Inducing elector to hand over marked ballot‑paper

                A person must not induce an elector to hand over to the person a postal ballot‑paper on which the elector has marked his or her vote.

Penalty:   100 penalty units.

42A         Commencement of preliminary scrutiny of postal votes

         (1)   The relevant Regional Returning Officer may begin a preliminary scrutiny of postal votes on the last Monday before the poll.

         (2)   However, the actions mentioned in paragraph 43 (4) (f) must not be taken before the close of the poll.

43            Conduct of preliminary scrutiny of postal votes

         (1)   The relevant Regional Returning Officer must conduct as many preliminary scrutinies as he or she considers appropriate until:

                (a)    all applications for postal voter cards and postal ballot‑papers have been produced by him or her; and

               (b)    all envelopes containing postal votes received by him or her up to the end of the sixth day after the close of the poll have been dealt with in accordance with this rule; and

                (c)    any envelopes containing postal votes received before the close of the poll by any other Regional Returning Officer, pre‑poll voting officer or presiding officer have been dealt with in accordance with this rule.

         (2)   At the first preliminary scrutiny, the relevant Regional Returning Officer must produce:

                (a)    all applications for postal voter cards and postal ballot‑papers; and

               (b)    unopened — all envelopes containing postal votes; and

                (c)    all postal voter cards, confirmation of Aboriginality certificates and statutory declarations;

                that he or she has received.

         (3)   At a subsequent preliminary scrutiny (if any), the relevant Regional Returning Officer must produce:

                (a)    all applications for postal voter cards and postal ballot‑papers; and

               (b)    unopened — all envelopes containing postal votes; and

                (c)    all postal voter cards, confirmation of Aboriginality certificates and statutory declarations that have not already undergone scrutiny;

                that he or she has received and that have not previously undergone scrutiny.

         (4)   Subject to subrule (7), the relevant Regional Returning Officer must, in conducting a preliminary scrutiny:

                (a)    compare the signature of the elector on each postal voter card with the signature of the elector on the application for the postal voter card, and allow the scrutineers to inspect both signatures; and

               (b)    accept for further scrutiny the ballot-paper enclosed in the corresponding envelope if satisfied that:

                          (i)    the elector is enrolled in respect of the ward to which the vote relates; and

                         (ii)    the signature on the postal voter card is that of the elector who signed the application for the postal voter card; and

                         (iii)    the signature appears to have been witnessed by an authorised witness; and

                        (iv)    the vote contained in the envelope was recorded before the close of the poll; and

                         (v)    the confirmation of Aboriginality certificate and statutory declaration mentioned in paragraph 37 (1) (e) are attached to the postal voter card and the envelope containing the ballot-paper, and are valid; and

                (c)    if not satisfied as to a matter specified in subparagraph (b) (i), (ii), (iii) or (iv):

                          (i)    disallow the ballot-paper without opening the envelope in which it is contained; and

                         (ii)    place the envelope in a parcel with all the other envelopes containing ballot-papers which have been disallowed under this paragraph, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and

              (ca)    if not satisfied about a matter to which subparagraph (b) (v) refers:

                          (i)    separate the envelope containing the ballot-paper from the postal voter card and any attached confirmation of Aboriginality certificate or statutory declaration; and

                         (ii)    disallow the ballot-paper without opening the envelope in which it is contained and:

                                   (A)     place the envelope in a parcel with all the other envelopes containing ballot-papers which have been disallowed under this subparagraph; and

                                   (B)     seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and

                         (iii)    refer the postal voter card and any attached confirmation of Aboriginality certificate or statutory declaration to a senior liaison officer for further investigation under rule 45A; and

               (d)    separate the postal voter card, the confirmation of Aboriginality certificate and the statutory declaration from each envelope accepted for further scrutiny, placing the envelopes in a ballot box and the postal voter cards, the confirmation of Aboriginality certificates and the statutory declarations in a parcel; and

                (e)    seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and

                (f)    after the close of the poll:

                          (i)    extract the ballot-paper from inside each envelope without further examining the envelope or permitting anyone else to do so; and

                         (ii)    place the extracted ballot-papers by themselves in a ballot box for further scrutiny; and

                         (iii)    place all the envelopes from which ballot-papers have been extracted in another parcel, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date.

         (5)   For the purpose of subparagraph (4) (b) (i), an elector who appears not to be enrolled in respect of the ward is taken to be so enrolled if the relevant Regional Returning Officer is satisfied, after making any necessary inquiries, that the elector was, at the time of voting, entitled to be enrolled in respect of the ward and was not so enrolled because of an error or mistake by an officer made:

                (a)    since the close of the Roll for the last election; or

               (b)    if the last election was held less than 6 months before the election to which the scrutiny relates — since the close of the Roll for the election before the last election.

      (5A)   In subrule (5):

election means:

                (a)    a general election for the House of Representatives; or

               (b)    a Senate election not held concurrently with a general election for the House of Representatives; or

                (c)    a referendum not held concurrently with a general election.

         (6)   A Regional Returning Officer who proposes to conduct a preliminary scrutiny must, before 4.00 pm on the day before the day on which the scrutiny is to be conducted:

                (a)    prominently display at his or her office a notice setting out:

                          (i)    the day on which; and

                         (ii)    the time or times at which;

                        the scrutiny is to be conducted; and

               (b)    as far as is reasonably practicable — conduct the scrutiny accordingly.

         (7)   For the purpose of subparagraph (4) (b) (iv), an envelope that bears a postmark dated after polling day is taken to contain a vote that was not recorded before the close of the poll.

44            Mistakes

         (1)   A postal vote must not be rejected solely because only the surname, rather than the full name, of a candidate has been written on the ballot‑paper, if no other candidate has the same surname.

         (2)   If a voter’s intention is clear, a Regional Returning Officer must not reject a vote solely because of a spelling mistake.

45            Correction of formal errors

                An officer who receives:

                (a)    an application for a postal vote; or

               (b)    a postal voter card;

                who is satisfied that the application or postal voter card contains a formal error, may amend the application or postal voter card, as the case may be, to correct the error.

45A         Further investigation of postal votes by a regional panel

         (1)   If documents relating to a postal vote are referred to a senior liaison officer under subparagraph 43 (4) (ca) (iii), the officer must as soon as practicable within 9 days after the close of the poll arrange for a regional panel to determine whether the elector is an Aboriginal person or a Torres Strait Islander.

         (2)   A regional panel is made up of:

                (a)    the senior liaison officer; and

               (b)    2 other people who are Aboriginal persons or Torres Strait Islanders.

         (3)   After making any investigations that it considers appropriate, the regional panel must determine whether the elector is an Aboriginal person or a Torres Strait Islander.

         (4)   The senior liaison officer must:

                (a)    by the close of business on the second Monday after polling day, tell the Regional Returning Officer whether or not, having regard to the panel’s determination, the postal vote should be admitted for further scrutiny; and

               (b)    send all relevant documents, including any documents given to the panel in the course of its investigation (if any), to the Regional Returning Officer.

         (5)   The Regional Returning Officer must tell the elector whether or not, having regard to the panel’s determination, the postal vote will be admitted for further scrutiny.

Division 2A           Pre‑poll voting

46            Grounds for applying for pre‑poll vote

                An elector may apply for a pre‑poll vote on a ground set out in Schedule 2.

47            Pre‑polling voting officers

                A Regional Returning Officer may appoint a person to be a pre‑poll voting officer for the purposes of these Rules.

48            Applying for a pre‑poll vote

         (1)   Application for a pre‑poll vote may be made to:

                (a)    a Regional Returning officer; or

               (b)    a pre‑poll voting officer.

         (2)   An applicant must:

                (a)    apply in person; and

               (b)    tell the officer to whom he or she applies:

                          (i)    the ward and region for which the applicant is enrolled; and

                         (ii)    any matters necessary for the officer to establish the applicant’s entitlement to vote in relation to the ward.

49            Place and time for applying

         (1)   An application to a Regional Returning Officer may be made only at his or her office during:

                (a)    ordinary office hours; or

               (b)    the hours of polling on polling day.

         (2)   An application to a pre‑poll voting officer may be made only:

                (a)    at a place declared by the Electoral Commission by notice published in the Gazette, to be a pre‑poll voting office; and

               (b)    on a day, and during the hours, fixed by the Electoral Commission by notice published in the Gazette.

         (3)   Application cannot be made after the close of the poll in the ward for which the elector is enrolled.

50            Pre‑poll voting

         (1)   An officer to whom an elector properly applies for a pre‑poll vote (in this rule called the issuing officer) must issue to the elector:

                (a)    a pre-poll voter card attached to an envelope; and

               (b)    a ballot‑paper.

         (2)   Before issuing the ballot‑paper, the issuing officer must initial, in writing, the front of the ballot‑paper.

         (3)   The following requirements for pre‑poll voting must be substantially given effect:

                (a)    the elector must sign the pre-poll voter card in the presence of the issuing officer;

               (b)    the issuing officer must sign the pre-poll voter card as witness and write on the pre-poll voter card the date of his or her signing it;

                (c)    the elector must mark his or her vote on the ballot‑paper in the presence of the issuing officer but so that the officer cannot see the vote, fold the ballot‑paper and hand it to the officer;

               (d)    the issuing officer must immediately:

                          (i)    place the ballot‑paper in the envelope attached to the pre-poll voter card; and

                         (ii)    seal the envelope;

                (e)    the elector must give to the issuing officer:

                          (i)    a confirmation of Aboriginality certificate for the elector; and

                         (ii)    a statutory declaration by the elector that he or she is an Aboriginal person or a Torres Strait Islander;

              (ea)    if not satisfied about a matter to which paragraph (e) refers:

                          (i)    separate the envelope containing the ballot-paper from the pre-poll voter card and any attached confirmation of Aboriginality certificate or statutory declaration; and

                         (ii)    disallow the ballot-paper without opening the envelope in which it is contained and:

                                   (A)     place the envelope in a parcel with all the other envelopes containing ballot-papers which have been disallowed under this subparagraph; and

                                   (B)     seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and

                         (iii)    refer the pre-poll voter card and any attached confirmation of Aboriginality certificate or statutory declaration to a senior liaison officer for further investigation under rule 53D; and

                (f)    if paragraph (ea) does not apply, the issuing officer must:

                          (i)    separate the pre-poll voter card from the envelope and place the envelope in a ballot-box; and

                         (ii)    place the pre-poll voter card, a copy of the confirmation of Aboriginality certificate and a copy of the statutory declaration in a folder provided for the purpose of keeping a record of pre-poll voters;

                (g)    at the conclusion of polling, the issuing officer must:

                          (i)    if the issuing officer is not the relevant Regional Returning Officer — forward the envelopes and documents mentioned in subparagraph (f) (ii) to the relevant Regional Returning Officer according to his or her directions; or

                         (ii)    if the issuing officer is the relevant Regional Returning Officer — deal with the envelopes and documents mentioned in subparagraph (f) (ii) in accordance with Part 4;

                (h)    pre-poll voter cards, and copies of confirmation of Aboriginality certificates and statutory declarations, received by a relevant Regional Returning Officer must be open to public inspection at his or her office during ordinary office hours on and from the third day after polling day until the time when the election can no longer be questioned;

                 (i)    before making a pre-poll voter card, or a copy of a confirmation of Aboriginality certificate or a statutory declaration, available for inspection, the Regional Returning Officer must remove the address of any person whose address has been excluded from the Roll under section 104 of the Electoral Act.

      (3A)   A statutory declaration for the purposes of a pre-poll vote must not be made before a person who is a candidate in the election to which the vote relates.

         (4)   If the elector cannot read, or is so disabled that he or she is unable to vote without assistance, a person chosen by the elector may do any of the following acts for the purposes of subrule (3) in accordance with the elector’s directions:

                (a)    read the pre-poll voter card to the voter;

               (b)    fill in the pre-poll voter card with the necessary particulars;

                (c)    mark the elector’s vote on the ballot‑paper;

               (d)    fold the marked ballot-paper and return it to the issuing officer.

         (5)   Directions under subrule (4) may be given by reference to a how‑to‑vote card.

         (6)   An elector to whom a pre-poll voter card and ballot-paper have been issued is not entitled:

                (a)    to remove the pre-poll voter card or ballot‑paper from the office of the officer who issued it; or

               (b)    to vote at a polling booth on polling day.

51            Form of pre-poll voter card

                A pre-poll voter card must be in the approved form.

52            Record of issue of pre-poll voting papers

                The issuing officer must:

                (a)    record on the pre-poll voter card:

                          (i)    the date of issue of the voter card and ballot-paper; and

                         (ii)    the name and address of the applicant; and

                         (iii)    the ward and region for which the person claims to be enrolled; and

                        (iv)    an identification number; and

               (b)    record the same identification number on the envelope attached to that voter card.

53            Opening of pre‑poll voting envelope

         (1)   A person other than:

                (a)    the relevant Regional Returning Officer; or

               (b)    an officer acting on the direction of the relevant Regional Returning Officer;

                must not open an envelope containing a ballot‑paper on which a pre-poll vote has been marked.

Penalty:   50 penalty units.

53A         Obligations of persons present when pre‑poll vote is cast

                A person who is present when an elector signs a pre-poll voter card or marks a ballot‑paper in the presence of an officer:

                (a)    must obey all proper directions of the officer; and

               (b)    except at the request of the elector, must not:

                          (i)    communicate with the elector in relation to his or her vote; or

                         (ii)    assist or interfere with the elector in relation to the elector’s vote; and

                (c)    must not do anything that would enable him or her to find out what is marked on the ballot‑paper.

Penalty:   100 penalty units.

53B         Mistakes

         (1)   A pre‑poll vote must not be rejected solely because only the surname, rather than the full name, of a candidate has been written on the ballot‑paper, if no other candidate has the same surname.

         (2)   If a voter’s intention is clear, a Regional Returning officer must not reject a vote solely because of a spelling mistake.

53C         Correction of formal errors

                An officer who receives a pre-poll voter card and who is satisfied that the voter card contains a formal error, may amend the voter card to correct the error.

53D         Further investigation of pre-poll votes by a regional panel

         (1)   If documents relating to a pre-poll vote are referred to a senior liaison officer under subparagraph 50 (3) (ea) (iii), the officer must, as soon as practicable within 9 days after the close of the poll arrange for a regional panel to determine whether the elector is an Aboriginal person or a Torres Strait Islander.

         (2)   A regional panel is made up of:

                (a)    the senior liaison officer; and

               (b)    2 other people who are Aboriginal persons or Torres Strait Islanders.

         (3)   After making any investigations that it considers appropriate, the regional panel must determine whether the elector is an Aboriginal person or a Torres Strait Islander.

         (4)   The senior liaison officer must:

                (a)    by the close of business on the second Monday after polling day, tell the Regional Returning Officer whether or not, having regard to the panel’s determination, the pre-poll vote should be admitted for further scrutiny; and

               (b)    send all relevant documents, including any documents given to the panel in the course of its investigation, to the Regional Returning Officer.

         (5)   The Regional Returning Officer must tell the elector whether or not, having regard to the panel’s determination, the pre-poll vote will be admitted for further scrutiny.

Division 3              The poll

54            Arrangements for polling

         (1)   If the proceedings on the day of nomination stand adjourned to polling day, the Regional Returning Officer must immediately make all necessary arrangements for taking the poll and in particular must:

                (a)    provide and furnish proper polling booths and ballot‑boxes; and

               (b)    provide ballot‑papers and all necessary forms, envelopes and materials.

         (2)   If the proceedings on the day of nomination stand adjourned to polling day, the Regional Returning Officer must immediately appoint a presiding officer to preside at each polling place and all necessary assistant presiding officers.

         (3)   In any emergency on polling day due to the absence of any assistant presiding officer or liaison officer, or to any unforeseen and continued pressure at the polling which cannot be met by the duly appointed officers, the presiding officer may appoint any person to act as assistant presiding officer or liaison officer and the person so appointed or acting is to be deemed to have been duly appointed if the Regional Returning Officer afterwards ratifies the appointment by appointing that person to be assistant presiding officer or liaison officer, as the case may be.

         (4)   No person under the age of 18 years must be appointed to be a presiding officer or assistant presiding officer.

         (5)   Any assistant presiding officer may, subject to the direction of the presiding officer, exercise all or any of the powers of the presiding officer, and is, in respect of the exercise of those powers, to be taken to be the presiding officer.

55            Substitute

                Any presiding officer may appoint a substitute to perform his or her duties during his or her temporary absence, and such substitute may, while so acting, exercise all of the powers of the presiding officer under these Rules that are necessary to exercise during the absence and is, in the exercise of those powers, deemed to be the presiding officer.

56            Use of licensed premises as polling booth

                Premises licensed for the sale of intoxicating liquor may be used as a polling booth only if the Electoral Commissioner declares, in writing, that he or she is satisfied that, during the hours of polling on polling day:

                (a)    intoxicating liquor will not be available for sale or consumption on the part of the premises proposed for use for the purpose of a polling booth; and

               (b)    the part of the premises proposed for use for the purposes of a polling booth will be segregated from the part of the premises where intoxicating liquor will be available for sale or consumption; and

                (c)    access to the part of the premises proposed for use for the purpose of a polling booth will not involve passing through the part of the premises where intoxicating liquor will be available for sale or consumption.

57            Separate voting compartments

                Polling booths must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot‑papers, and each voting compartment must be furnished with a pencil for the use of voters.

58            Ballot‑boxes

                Each polling booth must be provided with the necessary ballot‑boxes.

59            Ballot‑papers

         (1)   Ballot‑papers are to be in a form approved.

         (2)   Ballot‑papers must be printed on white paper and must use black type face of a kind ordinarily used in Commonwealth Government publications.

60            Printing of ballot-papers

                In printing the ballot-papers to be used in an election:

                (a)    the order of the names of the candidates on the ballot-paper is to be determined by the Regional Returning Officer in accordance with rule 61; and

               (b)    where similarity in the names of two or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and

                (c)    a square must be printed opposite the name of each candidate.

61            Determination of order on ballot‑papers

         (1)   Where under rule 60 a person is required to determine in accordance with this rule the order of the names of candidates on ballot‑papers to be used in an election:

                (a)    the person must, immediately after the declaration of nominations for the election, at the place of nomination and before all persons present at that place:

                          (i)    prepare a list of the names in such order as he or she considers appropriate; and

                         (ii)    read out that list; and

                         (iii)    place a number of balls equal to the number of candidates being balls of equal size and weight and each of which is marked with a different number, in a spherical container large enough to allow all the balls in it to move about freely when it is rotated; and

                        (iv)    rotate the container and permit any other person present who wishes to do so to rotate the container; and

                         (v)    cause a person who is blindfolded and has been blindfolded since before the rotation of the container in accordance with subparagraph (iv) to take the balls, or cause the balls to come, out of the container one by one and, as each ball is taken or comes out, to pass it to another person who must call out the number on each ball as it is passed to him or her; and

                        (vi)    as each number is called out in accordance with subparagraph (v), write the number opposite to a name in the list prepared in accordance with subparagraph (i) so that the number called out first is opposite to the first name in the list and the subsequent order of the numbers in the list is the order in which they are called out; and

                        (vii)    place all the balls back in the container; and

                       (viii)    rotate the container and permit any other person present who wishes to do so to rotate the container; and

                        (ix)    cause a person who is blindfolded and has been blindfolded since before the rotation of the container in accordance with subparagraph (viii) to take the balls, or cause the balls to come, out of the container one by one and, as each ball is taken or comes out, to pass it to another person who must call out the number on each ball as it is passed to him or her; and

                         (x)    prepare a list of the numbers called out in accordance with subparagraph (ix) set out in the order in which they were called out in accordance with subparagraph (ix); and

                        (xi)    write on the list prepared in accordance with subparagraph (x) opposite to each number the name set out opposite to that number in the list prepared in accordance with subparagraph (i); and

               (b)    the order in which the names are set out in the list prepared in accordance with subparagraph (a) (x) is the order of the names determined by the person under this rule.

62            Ballot‑papers to be initialled

                No ballot‑paper is to be delivered to any voter without being first initialled on the front by the proper officer and an exact account is to be kept of all initialled ballot‑papers.

63            Scrutineers at the polling

         (1)   Scrutineers may be appointed by candidates to represent them at polling places during the polling, but so that not more than one scrutineer is to be allowed to each candidate at each polling booth or issuing point at a polling booth.

         (2)   Appointments of scrutineers must be made by notice in writing addressed to the Regional Returning Officer or presiding officer and such notice must be signed by the candidate and must give the name and address of the scrutineer.

64            Provisions relating to scrutineers

         (1)   A scrutineer must not:

                (a)    engage in conduct that interferes with or attempts to influence any voter within the polling booth; or

               (b)    communicate with any person in the polling booth except so far as is necessary in the discharge of his or her functions.

Penalty:   10 penalty units.

         (2)   A scrutineer must not be prevented from entering or leaving a polling booth during the polling.

         (3)   During the absence of a scrutineer, a relieving scrutineer may act in his or her place.

         (4)   However, only 1 scrutineer at a time for each candidate is entitled to be present in the polling booth or at an issuing point at the polling booth.

         (5)   Subrule (6) applies to a scrutineer who:

                (a)    commits a breach of this rule; or

               (b)    misconducts himself or herself; or

                (c)    fails to obey a lawful direction of the presiding officer.

         (6)   The scrutineer may be removed from the polling booth by a member of the Australian Federal Police or of the police force or service of a State or Territory or a person authorised by the presiding officer to remove the scrutineer.

65            Persons present at polling

         (1)   A candidate must not in any way take part in the conduct of an election.

         (2)   A person who is not the presiding officer, an assistant presiding officer, poll clerk, liaison officer or scrutineer, or an elector voting or about to vote, must not enter or remain in a polling booth during the polling.

Penalty:   5 penalty units.

         (3)   Subrule (2) does not apply if the person has the permission of the presiding officer.

Note   A defendant bears an evidential burden in relation to the matter in subrule (3) (see section 13.3 of the Criminal Code).

66            Polling

         (1)   The polling must be conducted as follows:

                (a)    before any vote is taken the presiding officer must exhibit the ballot‑box empty, and must then securely fasten its cover;

               (b)    the poll must open at 8.00 o’clock in the morning and must not close until all electors present in the polling booth at 6.00 o’clock in the afternoon and desiring to vote, have voted;

                (c)    the doors of the polling booth must be closed at 6.00 o’clock in the afternoon and no person is to be admitted after that hour to the polling booth for the purpose of voting.

         (2)   Paragraphs (l) (b) and (c) do not apply in relation to a polling booth in relation to which the Electoral Commissioner has, by notice in writing, determined that the booth is to be open during the hours specified in the notice.

         (3)   Where the Electoral Commissioner has determined the hours during which a polling booth is to be open under subrule (2):

                (a)    the polling booth must not close until all electors present in the polling booth at the hour specified in the notice for the close of that polling booth have voted; and

               (b)    a person must not be admitted to that polling booth for the purpose of voting after the hour specified in the notice for the close of the booth.

         (4)   In relation to the notice under subrule (2), the Electoral Commissioner must:

                (a)    cause the notice to be published in the Gazette; and

               (b)    take such steps as he or she thinks fit to give public notice of the contents of the notice.

67            Where electors may vote

         (1)   On polling day an elector is entitled to vote at any polling place for the ward in respect of which he or she is enrolled or to vote as an absent voter, on making a declaration in an approved form, at any other polling place at which a polling booth is open.

         (3)   Nothing in this rule authorises an elector to vote more than once at any election.

68            Interpretation

                In rules 69 and 70, patient, in relation to a hospital, does not include a person attending the hospital as an out‑patient.

69            Mobile booths — hospitals

         (1)   The Electoral Commission may, by notice published in the Gazette, declare the whole or a specified part of a hospital, to be a special hospital for the purposes of taking votes under this rule in a specified election.

         (2)   A Regional Returning Officer may appoint electoral visitors and liaison officers for the purposes of this rule.

         (3)   An electoral visitor may make arrangements with an appropriate person, or appropriate persons, on the staff of a hospital (being a hospital the whole or part of which is a special hospital) for the votes of patients in the special hospital to be taken under this rule.

         (4)   Subject to rule 70, where:

                (a)    arrangements are in force under subrule (3) in relation to a special hospital; and

               (b)    a patient in the special hospital is an elector; and

                (c)    under the arrangements, the vote of the patient may be taken under this rule; and

               (d)    the patient wishes so to vote;

                an electoral visitor, accompanied by a liaison officer, a polling official and such scrutineers, if any, as wish to accompany him or her, must, subject to subrule (5), take to the patient a ballot‑box, a ballot‑paper and such other things as are necessary to enable the vote of the patient to be taken, and these rules apply in relation to the taking of the vote of the patient as if, during the time when, for the purpose of enabling the vote of the patient to be taken, the electoral visitor is in the same room, ward or other place as the patient, that room, ward or other place were a part of a polling booth at a polling place.

         (5)   A visit or visits to a special hospital in accordance with subrule (4) must be made at such time or times between 8.00 o’clock in the morning and 6.00 o’clock in the afternoon and on such day or days, being any of the 5 days preceding polling day, polling day, or a day to which the polling is adjourned, as are determined by the Regional Returning Officer in relation to the special hospital.

         (6)   At any time when an electoral visitor is visiting a special hospital for the purposes of this rule, the special hospital is, for the purposes of, and in connection with, the taking of votes under this rule, deemed to be a polling booth at a polling place and the electoral visitor is, for those purposes, deemed to be the presiding officer at that booth.

         (7)   Paragraph 66 (1) (a) does not apply to an electoral visitor after the first visit made by him or her for the purposes of this rule.

         (8)   At the end of the last visit made by an electoral visitor for this rule, he or she must, in the presence of a polling official and any scrutineers who may be in attendance, publicly close, fasten, seal and take charge of each ballot‑box used by him or her for this rule.

         (9)   The electoral visitor must then, as soon as practicable:

                (a)    if the Regional Returning Officer has directed the electoral visitor to do so:

                          (i)    open each ballot‑box in the presence of a polling official and any scrutineers who may be in attendance; and

                         (ii)    place the contents in a sealed parcel; and

                         (iii)    write on the parcel a description of its contents; and

                        (iv)    send the parcel to the Regional Returning Officer; or

               (b)    in any other case — send each sealed ballot‑box, together with the voter cards corresponding to the envelopes in the ballot-boxes, to the Regional Returning Officer.

70            Provisions related to rule 69

         (1)   Notwithstanding any arrangement in force under rule 69, a visit under that rule to a patient in a hospital must not be made if the presiding officer, electoral visitor or liaison officer, as the case may be, is informed by a registered medical practitioner or a member of the staff of the hospital that such a visit is forbidden, on medical grounds, by a registered medical practitioner.

         (2)   Literature relating to an election may be supplied to the general office of a hospital to which rule 69 applies, and any literature so supplied must be made available on request to patients entitled to vote under that rule.

      (2A)   An electoral visitor who visits a hospital under rule 69 may, at the request of an elector who is a patient in the hospital, give the elector literature, including how‑to‑vote cards, made available by candidates in the election.

         (3)   So far as is practicable, a vote under rule 69 is to be taken as if it were taken under the other provisions of these Rules (including such of those provisions as relate to absent voting) and, in particular, in the application of these Rules for the purposes of subrule 69 (4), these Rules have effect as if:

                (a)    a person who, with the approval of an appropriate person on the staff of the hospital, enters or remains in a room, ward or other place in the hospital at a time when, under that subrule, it is to be treated as if it were a part of a polling booth were, for the purposes of rule 65, doing so by permission of the presiding officer there present; and

               (b)    paragraph 77 (a) were omitted and the following paragraph were substituted:

                        ‘(a)    mark his or her vote on the ballot‑paper in a manner that ensures the secrecy of his or her vote;’; and

                (c)    rule 80 were omitted.

         (4)   Subrule 121 (1) applies in relation to a special hospital within the meaning of rule 69 as if:

                (a)    the reference in that subrule to polling day and to all days to which the polling is adjourned were a reference to the period commencing on the day of publication in the Gazette of the notice under subsection 104 (2) of the Act and ending at the expiration of polling day or, if the polling is adjourned, the expiration of the last day to which the polling is adjourned; and

               (b)    the references in that subrule to a polling booth were references to the special hospital.

         (5)   Where a voter has voted under rule 69 in an election, any postal ballot‑paper received by the Regional Returning Officer that is, or that purports to be, a postal ballot‑paper of the voter must not be admitted in the scrutiny in relation to the election.

         (6)   Where an arrangement is in force under rule 69, the Regional Returning Officer must, before 4.00 o’clock in the afternoon on the day before the day, or before the first day, on which votes are to be taken under that section, cause to be prominently exhibited at his or her office a notice setting out the hospital to which the arrangement relates and the day or days on which, and the time or times at which, votes are proposed to be taken under rule 69.

         (7)   As far as is reasonably practicable, votes taken under rule 69 must be taken on the day or days and at the time or times specified in the relevant notice under subrule (6), but any failure to take those votes in that manner does not invalidate the result of the election.

70A         Mobile booths — prisons

         (1)   The Electoral Commission may make arrangements with the Controller‑General of Prisons for a State or Territory for taking the votes of persons confined in prisons in the State or Territory.

         (2)   A Regional Returning Officer may appoint electoral visitors and liaison officers for the purposes of this rule.

         (3)   If arrangements in force under subrule (1) are applicable to a prison, an electoral visitor must visit the prison for the purpose of taking the votes of persons confined in the prison.

         (4)   When visiting a prison, an electoral visitor must:

                (a)    take to the prison a ballot‑box, ballot‑papers and anything else necessary for taking votes at the prison; and

               (b)    subject to subrule (5), be accompanied by a liaison officer, a polling official and any scrutineers that wish to attend.

         (5)   A visit to a prison must be made:

                (a)    on the day; and

               (b)    at the time; and

                (c)    in accordance with the conditions;

                fixed by or under the arrangements applicable to the prison.

         (6)   In spite of arrangements in force under subrule (1), a visit to a prison may not be made if the electoral visitor is informed by the officer in charge of the prison or a member of the staff of the prison that the visit is forbidden by the officer in charge because of circumstances related to the security of the prison.

         (7)   At the end of a visit by an electoral visitor to a prison, the visitor must, in the presence of the polling official and any scrutineers who are in attendance at the prison, close, fasten, seal and take charge of each ballot‑box used in the visit.

      (7A)   The electoral visitor must then, as soon as practicable:

                (a)    if the Regional Returning Officer has directed the electoral visitor to do so:

                          (i)    open each ballot‑box in the presence of a polling official and any scrutineers who may be in attendance; and

                         (ii)    place the contents in a sealed parcel; and

                         (iii)    write on the parcel a description of its contents; and

                        (iv)    send the parcel to the Regional Returning Officer; or

               (b)    in any other case — send each sealed ballot‑box, together with the voter cards corresponding to the envelopes in those ballot-boxes, to the Regional Returning Officer.

         (8)   An electoral visitor who visits a prison may, at the request of an elector confined in the prison, give the elector literature including how‑to‑vote cards, made available by candidates in the election.

71            Mobile booths

         (1)   In this rule:

leader means a person appointed under this rule to be the leader of a team.

station means a place at which a visit is being made by a team under this rule.

team means a mobile polling team appointed under this rule.

         (2)   A Regional Returning Officer may appoint persons to be members of mobile polling teams for the purposes of this rule and, in respect of each team, a person to be the leader.

         (3)   Each team must include a liaison officer.

         (4)   In relation to mobile polling, the provisions of this rule apply in addition to, and without derogation from, the application of any other provision of these Rules.

         (5)   A Regional Returning Officer:

                (a)    may, subject to subrule (6), determine the places, days and times of visits to be made by a team for the purposes of this rule; and

               (b)    is to take such steps as he or she thinks fit to give public notice of those places, days and times.

         (6)   A day determined under subrule (5) is to be any of the 12 days preceding polling day, polling day, or a day to which the polling is adjourned.

         (7)   A team is to make a visit or visits as determined under subrule (5) but if, for reasonable cause, the team is unable, or the leader considers it inappropriate, to make such a visit, the leader may substitute another place, day or time for the visit and, if he or she does so, must:

                (a)    take such steps as he or she thinks fit to give public notice of the substituted place, day or time; and

               (b)    inform the Regional Returning Officer.

         (8)   Any failure by a team to make a visit in accordance with this rule does not invalidate the result of the election.

         (9)   At any time when a team is at a station for the purposes of taking votes under this rule in an election:

                (a)    the team must have:

                          (i)    ballot‑boxes, ballot‑papers and such other things as are necessary for the votes of voters to be taken at the station; and

                         (ii)    the ‘how‑to‑vote’ cards (if any) supplied to it by the candidates; and

               (b)    every elector at the station is entitled to have his or her vote taken under this rule; and

                (c)    for purposes of, and in connection with, the taking of votes under this rule:

                          (i)    the station is to be taken to be a polling place; and

                         (ii)    the building, structure, vehicle or enclosure used by the leader for the purposes of taking votes under this rule is to be taken to be a polling booth at that polling place; and

                         (iii)    the leader is to be taken to be the presiding officer at that polling booth; and

               (d)    so far as is practicable, a vote under this rule is to be taken as if it were taken under the other provisions (not being rule 69) of these Rules (including such of those other provisions as relate to absent voting); and

                (e)    rule 121 applies as if:

                          (i)    the reference in subrule 121 (1) to polling day and to all days to which the polling is adjourned were a reference to the time of the visit; and

                         (ii)    the reference in subrule 121 (2) to the hours of polling were a reference to that time.

       (10)   Paragraph 66 (1) (a) does not apply to a leader after the first visit made by him or her for the purposes of this rule.

       (11)   At the end of the last visit made by a leader for this rule, he or she must, in the presence of a member of his or her team and any scrutineers who may be in attendance, publicly close, fasten, seal and take charge of each ballot‑box used by him or her for this rule.

    (11A)   The leader must then, as soon as practicable:

                (a)    if the Regional Returning Officer has directed the leader to do so:

                          (i)    open each ballot‑box in the presence of a polling official and any scrutineers who may be in attendance; and

                         (ii)    place the contents in a sealed parcel; and

                         (iii)    write on the parcel a description of its contents; and

                        (iv)    send the parcel to the Regional Returning Officer; or

               (b)    in any other case — send each ballot‑box, together with the voter cards corresponding to the envelopes in those ballot-boxes, to the appropriate Regional Returning Officer.

       (12)   Where a voter has voted under this rule in an election, any postal ballot‑paper received by the Regional Returning Officer that is, or that purports to be, a postal ballot‑paper of the voter must not be admitted in the scrutiny in relation to the election.

72            Forwarding of votes

         (1)   A presiding officer must:

                (a)    place in a parcel all the envelopes which purport to contain the ballot‑papers of those voters who recorded votes at the polling place and all the envelopes handed in by persons who have cast postal votes, seal up the parcel and forthwith deliver it, or cause it to be delivered, to the Regional Returning Officer; and

               (b)    forward to the Regional Returning Officer advice in writing of the total number of envelopes enclosed in the parcel delivered or to be delivered to the Regional Returning Officer.

         (2)   Each Regional Returning Officer must:

                (a)    extract the voter cards of persons who have cast absent votes from the records forwarded to him or her under rule 76 and subrules 69 (8), 70A (7) and 71 (11) and retain a copy of all such voter cards; and

               (b)    extract the envelopes of persons who have cast absent votes or postal votes from the ballot-boxes forwarded to him or her under subrules 69 (8), 70A (7) and 71 (11); and

                (c)    extract the envelopes of persons who have cast absent votes or postal votes from the parcels forwarded to him or her under subrule 72 (1); and

               (d)    until they are dealt with under other provisions of these Rules, keep the voter cards and envelopes in one or more securely fastened ballot-boxes.

         (3)   A Regional Returning Officer must:

                (a)    place in a parcel all the envelopes and voter cards relating to a particular ward, endorse on the parcel the number of the envelopes and voter cards, seal up the parcel and forthwith deliver it, or cause it to be delivered, to the Regional Returning Officer for the region containing the ward or, with the approval of the Electoral Commissioner, to another person to be dealt with in accordance with subrule (6); and

               (b)    forward to the last‑mentioned Regional Returning Officer advice of the total number of envelopes enclosed in the parcel delivered or to be delivered to that Regional Returning Officer.

         (4)   Each Regional Returning Officer must:

                (a)    maintain a record of the particulars of the advices, and of the number of envelopes, received from other Regional Returning Officers;

               (b)    maintain a locked and sealed ballot‑box for each ward in the region labelled so as to identify it as a ballot-box containing absent votes, postal votes and pre-poll votes; and

                (c)    keep in those ballot‑boxes, until the scrutiny, all envelopes purporting to contain a ballot‑paper recording an absent vote, a postal vote or a pre-poll vote in relation to a ward in his or her region, being, in the case of envelopes purporting to contain postal ballot‑papers, envelopes:

                          (i)    delivered to the Regional Returning Officer before the end of the period of 6 days after the close of the poll; or

                         (ii)    received from another Regional Returning Officer or from a person referred to in subrule (6) where the envelope bearing the voter card bears evidence that it was received by that Regional Returning Officer, by a pre‑poll voting officer or by a presiding officer prior to the close of the poll.

         (5)   Before placing in the ballot‑box maintained under subrule (4) an envelope purporting to contain a postal ballot‑paper and delivered to a Regional Returning Officer which is received after the close of the poll and which does not bear evidence sufficient to satisfy the Regional Returning Officer that the vote contained in the envelope was recorded before the close of the poll, the Regional Returning Officer must endorse on the envelope the date of its receipt and initial the endorsement.

         (6)   Where envelopes relating to a particular region are delivered to a person other than the Regional Returning Officer for that region, that person must, as soon as practicable, deliver them to that Regional Returning Officer.

73            Questions to ask voter

         (1)   The presiding officer must ask each person attending before him or her and claiming to vote in an election if they have voted before in the election.

         (2)   In addition to the question put under subrule (1) the presiding officer must ask each person claiming to vote as an absent voter in an election to identify the ward in respect of which the person is enrolled.

         (3)   A person’s claim to vote must be rejected if:

                (a)    the person refuses to answer fully any question put to him or her by the presiding officer; or

               (b)    the presiding officer establishes that the person has voted before in the election.

         (4)   If a person’s claim to vote is not rejected, the presiding officer must then hand to the person a voter card.

74            Completion of voter card

         (1)   Upon receiving a voter card, each voter must:

                (a)    insert his or her details on the voter card; and

               (b)    sign the voter card in the presence of the issuing officer; and

                (c)    give the voter card to the issuing officer for his or her signature.

         (2)   The issuing officer must:

                (a)    sign the voter card and write on it the date of his or her signing it; and

               (b)    separate the voter card from the voter card envelope; and

                (c)    hand to the voter the envelope and a ballot-paper for the ward in respect of which the voter claims to be enrolled.

75            Objection by scrutineer

                The presiding officer, at the request of a scrutineer, must note any objection by the scrutineer to the right of any person to vote and keep a record of the objection.

76            Voter record

         (1)   The particulars recorded on the voter cards completed at a polling place comprise the record of the name of each voter:

                (a)    who casts a vote at the polling place; and

               (b)    in the case of an absent voter — of the ward in respect of which the voter declares under rule 67 that he or she is enrolled.

         (2)   The voter cards completed at a polling place must, at the close of the poll, be forwarded to the appropriate Regional Returning Officer.

         (3)   The presiding officer at a polling place must make a record of the name of each elector who casts a vote at the polling place and, in the case of an absent voter, of the ward in respect of which the elector declares under subrule 67 (1) that he or she is enrolled, and must, at the close of the poll, forward the record, duly certified by him or her, to the appropriate Regional Returning Officer.

77            Voting procedure

                Except as otherwise prescribed by these Rules, the voter upon receipt of the ballot‑paper must without delay:

                (a)    retire alone to some unoccupied compartment of the booth, and there, in private, mark his or her vote on the ballot‑paper; and

               (b)    fold the ballot‑paper so as to conceal his or her vote; and

                (c)    insert the ballot‑paper into the voter card envelope; and

               (d)    seal the voter card envelope; and

                (e)    present the envelope to the liaison officer present in the booth.

78            Function of liaison officers

         (1)   The liaison officer must try to decide whether, on the balance of probabilities, a voter who presents him or her with a voter card envelope under paragraph 77 (e) is an Aboriginal person or a Torres Strait Islander.

         (2)   For subrule (1), the liaison officer may ask the voter any questions that the liaison officer thinks necessary to find out if the voter is an Aboriginal person or a Torres Strait Islander.

         (3)   If the liaison officer cannot decide that the voter is an Aboriginal person or a Torres Strait Islander:

                (a)    the liaison officer must:

                          (i)    record the details in the Record of Liaison Officer’s Objections; and

                         (ii)    sign the record; and

                         (iii)    give the envelope back to the voter; and

               (b)    the voter must put the envelope in the ballot box.

         (4)   If the liaison officer records details under subparagraph (3) (a) (i), the liaison officer must tell the voter that:

                (a)    unless the voter chooses, in writing, not to have the issue of whether the voter is an Aboriginal person or a Torres Strait Islander decided, the issue will be referred to the senior liaison officer; and

               (b)    the voter’s ballot‑paper will be admitted to the scrutiny only if the senior liaison officer decides that the voter is an Aboriginal person or a Torres Strait Islander.

         (5)   A choice under paragraph (4) (a):

                (a)    must be in writing; and

               (b)    must be given to the presiding officer before the person leaves the polling booth after casting his or her vote.

         (6)   If a presiding officer has assisted or has permitted a person to be assisted in voting under rule 81, the presiding officer must assist the person in complying with subrule (5).

79            Decision by senior liaison officer

         (1)   If details have been recorded under subparagraph 78 (3) (a) (i) and the voter affected has not made a choice under paragraph 78 (4) (a), the senior liaison officer for the region must decide if the voter is an Aboriginal person or a Torres Strait Islander.

         (2)   If a person is told that the issue will be referred to the senior liaison officer, the person may, within 6 days after being told, give further information to the senior liaison officer to support his or her claim to be an Aboriginal person or a Torres Strait Islander.

         (3)   A senior liaison officer who receives a referral under paragraph 78 (4) (a) and the further information (if any) given by a person under subrule (2) must decide whether he or she is satisfied on the balance of probability that the person is an Aboriginal person or a Torres Strait Islander.

         (4)   The senior liaison officer must:

                (a)    make a decision under subrule (3) within 9 days after the close of the poll; and

               (b)    tell the Regional Returning Officer, in writing, of the decision.

         (5)   The Regional Returning Officer must tell the voter whether or not, having regard to the decision, the voter’s ballot‑paper will be admitted to the scrutiny.

80            Elector to leave booth

                An elector must leave a polling booth immediately after:

                (a)    the elector has placed his or her voter card envelope in the ballot-box; and

               (b)    if the liaison officer has made a record under subparagraph 78 (3) (a) (i) about the elector, the elector:

                          (i)    has been informed in accordance with subrule 78 (4); and

                         (ii)    has had an opportunity to make a choice under paragraph 78 (4) (a).

81            Assisting certain voters

         (1)   If any voter satisfies the presiding officer that his or her sight is so impaired or that he or she is so physically incapacitated or illiterate that he or she is unable to vote without assistance, the presiding officer must permit a person (other than a liaison officer) appointed by the voter to:

                (a)    complete the voter card for the voter; and

               (b)    mark the voter’s vote on the ballot‑paper; and

                (c)    fold the ballot‑paper so that the vote cannot be seen; and

               (d)    place the ballot‑paper in the voter card envelope; and

                (e)    fasten the envelope.

         (2)   If necessary the person appointed by a voter under subrule (1) must accompany the voter and present the voter’s voter card envelope to the liaison officer in accordance with paragraph 77 (e).

         (3)   If necessary the person appointed by a voter under subrule (1) must receive the voter’s voter card envelope from the liaison officer and in company with the voter deposit the voter’s voter card envelope in the ballot‑box.

         (4)   If a voter to whom subrule (1) applies fails to appoint a person under subrule (1) or is claiming an absent vote, the presiding officer, in the presence of any scrutineers that are present, or, if there are no scrutineers present, then in the presence of:

                (a)    an assistant presiding officer; or

               (b)    if the voter so desires, in the presence of a person appointed by the voter, instead of an assistant presiding officer;

                must carry out the steps as required under subrules (1), (2) and (3).

         (5)   Without limiting the generality of subrule (4), a voter to whom subrule (4) applies may indicate to the presiding officer the manner in which the voter wishes the presiding officer to mark his or her ballot‑paper for him or her by presenting to the presiding officer a statement in writing (which may be, or include, a how‑to‑vote card) that specifies the manner in which the ballot‑paper is to be marked.

         (6)   Where subrule (1) applies in relation to an absent voter, the presiding officer must:

                (a)    fill in the declaration referred to in subrule 67 (1) with the required particulars as requested by the voter; and

               (b)    read the declaration to the voter; and

                (c)    complete and attest the declaration; and

               (d)    cause the declaration to be witnessed by a scrutineer or, if no scrutineer is present, by an assistant presiding officer.

82            Spoilt ballot‑papers

         (1)   If a voter, before depositing his or her ballot‑paper in a ballot‑box:

                (a)    satisfies a presiding officer that the voter has spoilt the ballot‑paper by mistake or accident; and

               (b)    asks the presiding officer for a new ballot‑paper;

                the presiding officer must give the voter a new ballot‑paper and immediately cancel the spoilt ballot‑paper.

         (2)   An officer who cancels a spoilt ballot‑paper must:

                (a)    write the word ‘spoilt’ on the back of the ballot‑paper; and

               (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.

         (3)   The envelopes containing ballot‑papers dealt with in accordance with subrule (2) must be sealed up in a parcel and delivered to the Regional Returning Officer after the close of the poll.

83            Marking of votes

         (1)   Subject to subrule (2), a voter must mark his or her vote on the ballot‑paper by placing the number 1 in the square opposite the name of the candidate for whom he or she votes as his or her first preference, and may place the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of some or all of the remaining candidates so as to indicate the order of his or her preference for them.

         (2)   Where a candidate dies between the date of nomination and polling day, and the number of candidates remaining is greater than the number of candidates to be elected, a ballot‑paper is not informal only because:

                (a)    the ballot‑paper includes the name of the deceased candidate; or

               (b)    a consecutive number is marked opposite that name; or

                (c)    a number has not been placed opposite that name or of any resulting failure to indicate in consecutive order the voter’s preferences.

84            Adjournment of polling

                The presiding officer may adjourn the polling from day to day in any case where polling is interrupted by:

                (a)    riot or open violence; or

               (b)    storm, tempest, flood or an occurrence of a like kind.

85            Adjournment in other cases

                If from any cause a polling booth at a polling place is not opened on polling day the presiding officer may adjourn the polling for a period not exceeding 21 days, and must as soon as practicable give public notice of the adjournment.

86            Voting at adjourned polling

                Where for any reason polling is adjourned to a later day than the day fixed for polling at a polling place, there must be no absent voting at the adjourned polling at that polling place.

87            When elections held in some wards only

                Where an election is held for a ward, it is not necessary to open polling booths at the polling places for a ward for which no election is being held.

Part 4                 The scrutiny

  

88            Scrutiny

                The result of the polling must be ascertained by scrutiny.

89            Scrutineers

         (1)   A candidate may appoint scrutineers to represent him or her at the scrutiny.

         (2)   A candidate is not entitled to be represented at the scrutiny at a particular counting centre by a number of scrutineers that is greater than the number of officers who are engaged in a scrutiny or counting of ballot‑papers at that centre.

         (3)   An appointment of a scrutineer must be made:

                (a)    in writing signed by the candidate; or

               (b)    by facsimile transmission and signed by the candidate before transmission;

                addressed to the returning officer and including the name and address of the scrutineer.

         (4)   In this rule, counting centre means premises at which a scrutiny or counting of ballot‑papers is to be, or is being, conducted.

90            Conduct of scrutiny

                The scrutiny must be conducted as follows:

                (a)    it must commence as soon as practicable after the close of the poll;

               (b)    such scrutineers as have been duly appointed under rule 89, and any persons approved by the officer conducting the scrutiny, may be present;

                (c)    all the proceedings at the scrutiny must be open to the inspection of the scrutineers;

               (d)    the scrutiny may be adjourned from time to time as may be necessary until the counting of the votes is complete.

91            Scrutiny of votes

         (1)   The scrutiny must, subject to:

                (a)    rule 43; and

               (b)    the provisions of these rules relating to:

                          (i)    absent voting; and

                         (ii)    postal voting; and

                         (iii)    pre‑poll voting;

                be conducted in the manner set out in this Part.

         (2)   The scrutiny of votes must be conducted by:

                (a)    the Regional Returning Officer; or

               (b)    if the Regional Returning Officer directs an Assistant Returning Officer to conduct the scrutiny — the Assistant Returning Officer;

                in the presence of any scrutineers that choose to attend and any other persons approved by the Regional Returning Officer.

         (3)   The officer conducting the scrutiny in relation to a ward must:

                (a)    open all parcels or ballot-boxes in which voter cards and voter card envelopes for the ward have been placed; and

               (b)    place in one parcel the voter cards, together with the voter card envelopes to which they relate, that:

                          (i)    do not bear the name of the voter; or

                         (ii)    do not bear a properly completed certification by the voter, or a certification made on the voter’s behalf under rule 81, as the case may be, that he or she is an Aboriginal person or a Torres Strait Islander;

                        and seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and

                (c)    place in another parcel for further scrutiny the voter cards, together with the voter card envelopes to which they relate, to which no objection has been recorded by a liaison officer; and

               (d)    place in another parcel the voter cards, together with the voter card envelopes to which they relate, to which an objection has been recorded by a liaison officer and that have been referred to the senior liaison officer; and

                (e)    place in another parcel the voter cards, together with the voter card envelopes to which they relate, to which an objection has been recorded by a liaison officer and for which a choice under paragraph 78 (4) (a) has been made, seal the parcel and write on the parcel a description of the contents, the name of the ward and the date; and

                (f)    place in another parcel the voter cards, together with the voter card envelopes to which they relate, that are not signed and dated by the issuing officer in accordance with subrule 74 (2).

         (4)   A voter card must not be rejected under subrule (3) solely because it has not been signed and dated by the issuing officer if, before the declaration of the poll, the Regional Returning Officer certifies that the name of the elector appears on a record of voters made by a presiding officer under subrule 76 (3).

      (4A)   On receiving advice given by a senior liaison officer under rule 45A or 53D about whether a postal or pre‑poll vote should be included for further scrutiny, the officer conducting the scrutiny must:

                (a)    if the advice was that the pre-poll vote should be admitted for further scrutiny, admit the vote for further scrutiny; and

               (b)    otherwise, place the envelope containing the vote in a parcel, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date, with the other envelopes to which this paragraph applies.

         (5)   On being told under subrule 79 (5) of the decision of the senior liaison officer in relation to the eligibility of voters whose voter cards and voter card envelopes are held in the parcel mentioned in paragraph (3) (d), the officer conducting the scrutiny must:

                (a)    place the voter cards and voter card envelopes of any voter whom the senior liaison officer is satisfied is an Aboriginal person or a Torres Strait Islander with the voter cards and voter card envelopes held for further scrutiny under paragraph (3) (c); and

               (b)    in relation to the voter cards and voter card envelopes of those voters whom the senior liaison officer is not satisfied are Aboriginal persons or Torres Strait Islanders:

                          (i)    place the voter cards and voter card envelopes in a parcel; and

                         (ii)    seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and

                (c)    in relation to the voter cards and voter card envelopes of those voters who chose not to have the objection referred to the senior liaison officer for investigation:

                          (i)    place the voter cards and voter card envelopes in a parcel; and

                         (ii)    seal the parcel and write on the parcel a description of the contents, the name of the ward and the date.

         (6)   Subject to subrule (7), the officer conducting the scrutiny must deal with the voter cards and voter card envelopes in the parcels referred to in paragraphs (3) (c) and (5) (a) as follows:

                (a)    the officer must select the voter cards and voter card envelopes of persons whom he or she is satisfied are enrolled in respect of the ward, placing the voter cards in one parcel and the envelopes in another, and then:

                          (i)    seal the parcel of voter cards and endorse on the parcel a description of the contents, the name of the ward and the date; and

                         (ii)    extract the ballot-paper from inside each envelope selected; and

                         (iii)    without inspecting or unfolding the ballot-paper or allowing any other person to do so, immediately deposit the folded ballot-paper in a ballot-box for further scrutiny; and

                        (iv)    seal the parcel of envelopes and endorse on the parcel a description of the contents, the name of the ward and the date;

               (b)    the officer must place in another parcel the voter cards and voter card envelopes of persons whom he or she is satisfied are not enrolled in respect of the ward, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date.

      (6A)   If the officer conducting the scrutiny is satisfied that more than 1 voter card envelope in the parcels mentioned in paragraphs (3) (c) and (5) (a) purports to contain a vote by the same elector, the officer must:

                (a)    treat only 1 of the voter card envelopes, as selected by the officer, as being properly held for further scrutiny; and

               (b)    exclude from further scrutiny the ballot-papers contained in the other envelope or envelopes; and

                (c)    seal up in a parcel the envelope or envelopes excluded from further scrutiny by paragraph (b); and

               (d)    write on the parcel a description of its contents, the name of the ward and the date.

      (6B)   In applying subrule (6A), the officer should, if possible, select the voter card envelope that was received first.

         (7)   Where an officer conducting the scrutiny in relation to a ward (in this subrule referred to as the relevant ward) who is dealing with a voter card under subrule (6):

                (a)    is satisfied that the elector who signed the voter card is not enrolled in respect of the relevant ward; and

               (b)    is satisfied that, if the voter were enrolled in respect of the relevant ward, the ballot-paper would be accepted under subrule (6) for further scrutiny; and

                (c)    is satisfied after making such inquiry as may be necessary, that the voter was at the time of voting, entitled to be enrolled in respect of the relevant ward and was not so enrolled by reason of an error or mistake by an officer made:

                          (i)    since the close of the Roll for the last election; or

                         (ii)    if the last election was held less than 6 months before the election to which the scrutiny relates — since the close of the Roll for the election before the last election;

                        the officer must accept the ballot-paper and scrutinise it in accordance with paragraph (6) (a).

      (7A)   In paragraph 7 (c):

election means:

                (a)    a general election for the House of Representatives; or

               (b)    a Senate election not held concurrently with a general election for the House of Representatives; or

                (c)    a referendum not held concurrently with a general election.

         (8)   Subject to subrule (10), the further scrutiny referred to in subparagraph (6) (a) (iii) must not be conducted until all of the envelopes containing voters’ ballot-papers for the ward have been received.

         (9)   Subject to subrule (10), all ballot-papers for the ward that are accepted for further scrutiny must be amalgamated before the further scrutiny is begun.

       (10)   The further scrutiny must begin no later than 13 days after polling day.

       (11)   At the further scrutiny, the officer conducting the scrutiny must:

                (a)    open the ballot-box referred to in subparagraph (6) (a) (iii) and examine the ballot-papers it contains; and

               (b)    reject all ballot-papers that are informal under subsection 110 (2) of the Act and place them in a parcel, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and

                (c)    arrange the formal ballot-papers under the names of the respective candidates by placing in one parcel under the name of each candidate all the ballot-papers marked in accordance with subrule 83 (1) on which a first preference is indicated for that candidate; and

               (d)    deal with the ballot-papers in accordance with Schedule 2 or Schedule 2A of the Act.

92            Computerised scrutiny of votes

Computerised scrutiny available

         (1)   The scrutiny may be conducted by complying with this rule.

Processing of voter cards and voter card envelopes by Regional Returning Officers

         (2)   Each Regional or Assistant Returning Officer must deal with voter cards and voter card envelopes in the way required by subrules 91 (3) to (6).

Processing of ballot‑papers by Regional Returning Officers

         (3)   Each Regional or Assistant Returning Officer must deal as follows with all ballot‑papers received by him or her:

                (a)    open the ballot-box mentioned in subparagraph 91 (6) (a) (iii) and examine the ballot-papers it contains;

               (b)    reject all ballot-papers that are informal under subsection 110 (2) of the Act and place them in a parcel, seal the parcel and write on the parcel a description of the contents, the name of the ward and the date;

                (c)    arrange the formal ballot-papers by placing in 1 parcel under the name of each candidate all the ballot-papers marked in accordance with subrule 83 (1) on which a first preference is shown for that candidate;

               (d)    seal each parcel, write on each parcel a description of the contents, and let any scrutineers present countersign the endorsement.

Rejection of informal ballot‑papers received by Regional Returning Officer

         (4)   The Regional Returning Officer must:

                (a)    scrutinise all the ballot‑papers received by him or her; and

               (b)    reject the informal ballot-papers.

Determining election result

         (5)   The Regional Returning Officer must then determine the successful candidate or candidates and, if more than 1 member is to be elected, their order of election, by applying the principles set out in Schedule 2 or 2A to the Act (whether using a computer or not).

         (6)   A tie at any step in the process is to be resolved in the same way as a tie in the corresponding step is resolved under rule 96A.

Rights of scrutineers

         (7)   For proceedings under subrules (4) and (5) of this rule, the requirements of paragraph 90 (c) are met if the scrutineers have access to:

                (a)    a record of the preferences on the ballot‑papers that have been received by the Regional Returning Officer and whose details have been stored in the computer (including informal ballot‑papers, and formal ballot‑papers that are not sequentially numbered); and

               (b)    a record of the ballot‑papers that are notionally transferred, or exhausted, at each count; and

                (c)    a record of the progress of the count of the votes, at each count.

Modified rules for re‑count

         (8)   If ballot‑papers that are to be re‑counted under rule 98 are in the possession of the Regional Returning Officer immediately before the re‑count begins, the Regional Returning Officer must deal with those ballot‑papers as follows:

                (a)    open the parcels (for those ballot‑papers that are in parcels) in the presence of a person appointed or engaged under the Public Service Act 1999 and of any scrutineer who attends;

               (b)    scrutinise all the ballot‑papers and make a decision on each one either to admit it or reject it;

                (c)    after scrutinising all the ballot‑papers, restore the ones that were in parcels to their original covers and place the remaining ballot‑papers in a parcel or parcels;

               (d)    seal all the parcels and write on each cover:

                          (i)    the number of ballot‑papers contained in the cover; and

                         (ii)    a statement that all the ballot‑papers have been the subject of scrutiny by the Regional Returning Officer;

                (e)    sign the cover of each parcel and let other persons who were present when the ballot‑papers were scrutinised add their signatures.

         (9)   Subrule (10) applies if:

                (a)    a re‑calculation by computer occurs following a re‑count; and

               (b)    during the re‑calculation, the same tie that occurred on the previous calculation by computer occurs again.

       (10)   For the purposes of the re‑calculation, the tie is to be resolved in favour of the candidate in whose favour it was resolved during the previous calculation.

       (11)   If a re‑count is required under rule 98, the Regional Returning Officer must conduct the re‑count by using a computer to apply the principles set out in Schedule 2 or 2A to the Act.

93            Combination of manual and computer scrutiny permitted

                A scrutiny of votes may be conducted partly under rule 91 and partly under rule 92, as long as the requirements of at least 1 of those rules are met in relation to the scrutiny.

94            Scrutiny of postal and pre-poll ballot-papers

                Subject to rule 43, the scrutiny of postal and pre-poll ballot-papers must be conducted as nearly as practicable in the manner provided in rule 91.

95            Action on objections to ballot‑papers

         (1)   If a scrutineer objects to a ballot‑paper as being informal, the officer conducting the scrutiny must mark the ballot‑paper ‘Admitted’ or ‘Rejected’ according to his or her decision to admit or reject the ballot‑paper.

         (2)   Nothing in this rule prevents the officer conducting the scrutiny from rejecting any ballot‑paper as being informal although it is not objected to.

96            Officers not to mark ballot-papers so that voter can be identified

                Except as authorised by these Rules, an officer must not place on any ballot-paper any mark or writing which would enable any person to identify the voter by whom it is used.

Penalty:   $1,000.

96A         Counting of votes

         (1)   For the purposes of Schedule 2A to the Act, a candidate is taken to have an absolute majority of votes if:

                (a)    the number of first preference votes given to the candidate is more than half of the total number of first preference votes given to all candidates in the count; or

               (b)    after an exclusion, the number of votes given to that candidate is more than half of the total number of votes given to all unexcluded candidates.

         (2)   If 2 or more candidates have an equal number of votes, and 1 of those candidates is required to be identified for exclusion, the officer conducting the scrutiny must:

                (a)    exclude the candidate who had the least number of votes at the last count at which those candidates did not have an equal number of votes; or

               (b)    if there has been no such count — decide by lot which candidate is excluded.

         (3)   If 2 unexcluded candidates have an equal number of votes and there are no other unexcluded candidates, the officer conducting the scrutiny must decide by lot which candidate is elected.

96B         Exhaustion of ballot paper

                For the purposes of Schedule 2A to the Act, a ballot paper must be set aside as exhausted if, at any stage of the count, the ballot paper expresses no preference for an unexcluded candidate.

97            Recount at elections

                At any time before the declaration of the result of an election, the Regional Returning Officer or the Electoral Commissioner may, if he or she thinks it appropriate, on the written request of a candidate setting out the reasons for the request or of his or her own initiative, direct or conduct a recount of the ballot-papers in any parcel or in any other category determined by the Regional Returning Officer or the Electoral Commissioner.

98            Recount

         (1)   Before proceeding to recount any ballot-papers, the Regional Returning Officer must send to each candidate notice of the time and place fixed for the recount.

         (2)   The Regional Returning Officer must, at the time and place fixed for the recount, in the presence of the scrutineer or scrutineers in attendance and of an officer of the Australian Public Service, open every sealed parcel of ballot-papers to be recounted, and must count the votes therein.

         (3)   Each parcel of ballot-papers to be recounted must be opened separately without destroying or rendering illegible any endorsement on the parcel and every care must be taken to prevent the ballot-papers in the parcel from being mixed with the ballot-papers in any other parcel.

         (4)   After a parcel has been opened and the votes therein counted, the Regional Returning Officer must replace the ballot‑papers in their original cover, which he or she must reseal, refasten, and then place in a new cover, which he or she must seal and fasten and make thereon an endorsement of the fact and date of the recount, and the Regional Returning Officer and such persons authorised to be present at the recount as choose to add their signatures must sign the endorsement.

         (5)   When any ballot‑papers are, at a recount, reserved for the decision of the Electoral Commissioner, the Regional Returning Officer must, in the presence of the scrutineer or scrutineers in attendance, place the ballot‑papers in a properly fastened and sealed parcel bearing his or her signature and the signature or signatures of the scrutineer or scrutineers, together with an endorsement setting forth the number of ballot‑papers contained therein, the name of the ward, and the date and must place the parcel in a fastened and sealed outer cover fully addressed to the Electoral Commissioner and forthwith transmit the parcel to the Electoral Commissioner by hand, registered post or courier service.

Note   For sending ballot-papers to the Electoral Commissioner electronically, see rule 98A.

         (6)   On receipt of the parcel, the Electoral Commissioner must, in the presence of an officer of the Australian Public Service, and, if any candidate so desires, in the presence of a person appointed by such candidate, open the parcel and scrutinize the ballot‑papers and must mark each ballot‑paper ‘Admitted’ or ‘Rejected’, according to his or her decision to admit or reject such ballot‑papers.

         (7)   When the Electoral Commissioner has given his or her decision on the ballot‑papers, he or she must restore them to their original cover, refasten and reseal the cover and endorse thereon:

                (a)    the number of ballot‑papers contained therein;

               (b)    a statement that such ballot‑papers have been the subject of decision by him or her; and

                (c)    his or her signature and the date;

                and request the persons in whose presence he or she scrutinized the ballot‑papers to add their signatures, and must then place the parcel in a new cover which he or she must fasten, seal and forthwith return by hand, registered post or courier service to the Regional Returning Officer.

         (8)   After scrutiny of the ballot-papers (whether carried out under this rule or rule 98A), the Electoral Commissioner must advise the Regional Returning Officer, in writing, as to the number of ballot‑papers admitted or rejected by him or her, and the Electoral Commissioner’s decision must be accepted by the Regional Returning Officer in completing his or her recount of the ballot‑papers.

         (9)   The receipt of every parcel of ballot‑papers must be acknowledged in writing by the Electoral Commissioner and the Regional Returning Officer respectively.

98A         Sending ballot‑papers electronically

         (1)   Ballot‑papers that, at a re-count, are reserved for the decision of the Electoral Commissioner may be sent to the Electoral Commissioner electronically.

         (2)   Subrules 98 (5) to (7) do not apply to ballot‑papers that are sent to the Electoral Commissioner under subrule (1).

99            Powers of officer conducting recount

                The officer conducting a recount has the same powers as if the recount were the scrutiny and may reverse any decision in relation to the scrutiny as to the allowance and admission or disallowance and rejection of any ballot‑paper.

100         Reservation of disputed ballot‑papers

         (1)   The officer conducting a recount may, and at the request of any scrutineer must, reserve any ballot‑paper for the decision of the Electoral Commissioner.

         (2)   The Electoral Commissioner must decide whether any ballot‑paper, reserved for his or her decision under this rule, is to be allowed and admitted or disallowed and rejected.

Part 5                 The Declaration of the Poll

  

101         Declaration of Poll

                The Regional Returning Officer must, as soon as practicable after the result of the election has been ascertained:

                (a)    publicly declare the result of the election and the names of the candidates elected; and

              (aa)    advise the candidates of the result of the election and of the date, time and place of the public declaration;

               (b)    make out a statement setting out the result of the election and the names of the candidates elected and transmit the statement to the Electoral Commissioner.

102         Correction of errors

                Any delay, error or omission in the printing, preparation, issue, transmission or return of any Roll or ballot‑papers may be remedied, removed, rectified and supplied by notice in writing by the Electoral Commissioner published in the Gazette specifying the matter dealt with, and providing for the course to be followed, and that course is valid and sufficient .

103         Extension of time

         (1)   Subject to section 104 of the Act and to subrule (3) and in spite of any other provision of these Rules, before or after the day appointed for any election the Minister may, by notice published in the Gazette, provide for extending the time for holding the election, or for holding the election in a specified ward or part of a ward, or meeting any difficulty which might otherwise interfere with the due course of the election.

         (2)   Any notice provided under subrule (l) is valid and sufficient and any date provided for in lieu of a date fixed by the notice is to be deemed to be the date so fixed.

         (3)   Public notice must be immediately given in the ward for which the election is to be held of any extension of the time for holding the election.

Part 6                 Electoral offences

  

104         Interpretation

                In this Part, relevant period, in relation to an election under these Rules, means the period commencing on the publication in the Gazette of the notice under subsection 104 (2) of the Act and expiring at the latest time on polling day at which a voter could enter a polling booth for the purpose of casting his or her vote in the election.

105         Officers and scrutineers to observe secrecy

                A person who is, or has been, an officer or a scrutineer must not, except for the purposes of Part 4, either directly or indirectly, divulge or communicate any information with respect to the vote of an elector acquired by him or her in the performance of his or her functions, or in the exercise of his or her powers, under these Rules in a manner that is likely to enable the identification of the elector.

Penalty:   10 penalty units.

Note   A defendant bears an evidential burden in relation to the exception in rule 105 (see subsection 13.3 (3) of the Criminal Code).

106         Bribery

         (1)   A person must not ask for, receive or obtain, or offer or agree to ask for, or receive or obtain, any property or benefit of any kind for himself or herself or any other person, on an understanding that:

                (a)    any vote of the first‑mentioned person;

               (b)    any candidature of the first‑mentioned person;

                (c)    any support of, or opposition to, a candidate or a group of candidates by the first‑mentioned person; or

               (d)    the doing of any act or thing by the first‑mentioned person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of an elector;

                will, in any manner, be influenced or affected.

Penalty:   10 penalty units.

         (2)   A person must not, with the intention of influencing or affecting:

                (a)    any vote of another person;

               (b)    any candidature of another person; or

                (c)    any support of, or opposition to, a candidate or a group of candidates by another person; or

               (d)    the doing of any act or thing by another person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of an elector;

                give or confer, or promise or offer to give or confer, any property or benefit of any kind to that other person or to a third person.

Penalty:   10 penalty units.

         (3)   This rule does not apply in relation to a declaration of public policy or a promise of public action.

107         Interference with political liberty

                A person must not engage in conduct that interferes with the free exercise or performance, by another person, of a political right or duty that is relevant to an election under these Rules.

Penalty:   10 penalty units.

109         Officers not to influence vote

                A person who is an officer must not engage in conduct with the intention of influencing the vote of another person.

Penalty:   10 penalty units.

110         Printing and publication of electoral advertisements, notices etc

         (1)   A person must not print, publish or distribute or authorise to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice unless:

                (a)    the name and address (not being a post‑office box) of the person who authorised the advertisement, handbill, pamphlet or notice appears at the end of it; and

               (b)    for an electoral advertisement, handbill, pamphlet or notice that is printed otherwise than in a newspaper — the name and place of business of the printer appears at the end of it.

Penalty:   10 penalty units.

         (2)   Subrule (l) does not apply to a car sticker, T‑shirt, lapel button, lapel badge, pen, pencil or balloon.

Note   A defendant bears an evidential burden in relation to the exception in subrule (2) (see subsection 13.3 (3) of the Criminal Code).

         (3)   In this rule:

electoral advertisement, handbill, pamphlet or notice means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting.

111         Misleading or deceptive publications etc

         (1)   A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, or authorise to be printed, published or distributed, anything that is likely to mislead or deceive an elector in relation to the casting of his or her vote.

Penalty:   10 penalty units.

         (2)   A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, or authorise to be printed, published or distributed, an advertisement, handbill, pamphlet or notice that contains a representation or purported representation of a ballot‑paper for use in that election that is likely to induce an elector to mark his or her vote otherwise than in accordance with the directions on the ballot‑paper.

Penalty:   10 penalty units.

         (3)   In a prosecution of a person for an offence against subrule (1), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead an elector in relation to the casting of his or her vote.

Note   A defendant bears a legal burden in relation to the defence in subrule (3) (see section 13.4 of the Criminal Code).

         (4)   In a prosecution of a person for an offence against subrule (2), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the representation or purported representation was likely to induce an elector to mark his or her vote otherwise than in accordance with the directions on the ballot‑paper.

Note   A defendant bears a legal burden in relation to the defence in subrule (4) (see section 13.4 of the Criminal Code).

         (5)   In this rule:

publish includes publish by radio or television.

112         False statements about enrolment

                A person commits an offence if the person, on polling day:

                (a)    makes a statement to a voter, either orally or in writing, about the enrolment of the voter; and

               (b)    knows that the statement is false or misleading in a material respect.

Penalty:   10 penalty units.

113         Heading to electoral advertisements

                The proprietor of every newspaper must cause the word ‘advertisement’ to be printed as a headline in letters not smaller than 10 point or long primer to each article or paragraph in his or her newspaper containing electoral matter, the insertion of which is or is to be paid for or for which any reward or compensation or promise of reward or compensation is or is to be made.

Penalty:   5 penalty units.

114         Authors of reports etc to be identified

         (1)   A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, or cause, permit or authorise to be printed, published or distributed, a newspaper, circular, pamphlet or dodger containing an article, report, letter or other matter containing electoral matter unless the author’s name and address, or the authors’ names and addresses, as the case may be, are set out at the end of the article, report, letter or other matter, or where part only of the article, report, letter or matter appears in any issue of a newspaper, circular, pamphlet or dodger, at the end of that part.

Penalty:   5 penalty units.

         (2)   This rule does not apply to the publication in a newspaper of:

                (a)    a leading article; or

               (b)    an article that consists solely of a report of a meeting and does not contain electoral matter, other than comment made by a speaker at the meeting.

         (3)   In this rule, address does not include a post‑office box.

115         Cards in polling booth

         (1)   A person must not, except for rule 65, display or leave in a polling booth a card or paper having on it a direction or instruction as to how a voter should vote or as to the method of voting.

Penalty:   5 penalty units.

         (2)   This rule does not apply to an official instruction displayed by proper authority at a polling booth.

Note   A defendant bears an evidential burden in relation to the exception in subrule (2) (see subsection 13.3 (3) of the Criminal Code).

116         Signature to electoral paper

         (1)   Every electoral paper which under these Rules has to be signed by any person shall be signed by that person with his or her personal signature.

         (2)   Where a person who is unable to sign his or her name in writing makes his or her mark as his or her signature to an electoral paper, the mark is to be deemed to be his or her personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the electoral paper as such witness.

         (3)   Nothing in this rule authorises any person to sign any electoral paper by a mark or otherwise than in his or her own handwriting in cases where these Rules require him or her to sign the electoral paper in his or her own handwriting.

         (4)   A person must not make the signature of any other person on an electoral paper.

Penalty:   10 penalty units.

         (5)   Subrule (4) does not affect the liability of any person to be proceeded against for forgery, but so that he or she is not to be liable to be punished twice in respect of the same offence.

         (6)   In this rule, electoral paper includes an approved form.

117         Witnessing electoral papers

         (1)   A person must not:

                (a)    sign his or her name as witness on any blank electoral paper; or

               (b)    sign his or her name as witness on any electoral paper which has been wholly or partly filled up unless it has been signed by the person intended to sign it; or

                (c)    sign his or her name as witness on any electoral paper unless he or she has seen the person, whose signature he or she purports to witness, sign it; or

               (d)    write on any electoral paper as his or her own name:

                          (i)    the name of another person; or

                         (ii)    any name not being his or her own name.

Penalty:   10 penalty units.

         (2)   In this rule the words, electoral paper include any approved form.

118         False certification

         (1)   A person who:

                (a)    certifies that a person is an Aboriginal person or a Torres Strait Islander; and

               (b)    knows that, or is reckless as to whether, the certification is false;

                commits an offence.

Penalty:   10 penalty units.

         (2)   A person must not engage in conduct with the intention of inducing or attempting to induce another person to make a false certification that an elector is an Aboriginal person or a Torres Strait Islander.

Penalty:   10 penalty units.

119         Unlawfully marking ballot‑papers

                Except where expressly authorised by these Rules, a person (other than the voter to whom the ballot‑paper has been lawfully issued) must not mark his or her vote or make any mark or writing on the ballot‑paper of any voter.

Penalty:   10 penalty units.

120         Other offences relating to ballot‑papers etc

         (1)   A person must not:

                (a)    personate anyone with the intention of obtaining a ballot‑paper to which the personator is not entitled; or

               (b)    personate anyone with the intention of voting; or

                (c)    fraudulently engage in conduct that destroys or defaces a nomination paper or ballot‑paper; or

               (d)    fraudulently put a ballot‑paper or other paper into the ballot‑box; or

                (e)    fraudulently take a ballot‑paper out of a polling booth or counting centre; or

                (f)    forge a nomination paper or ballot‑paper or utter a nomination paper or ballot‑paper knowing it to be forged; or

Note   For forgery of official marks on ballot‑papers, see subrule 124 (2).

                (g)    supply ballot‑papers without authority; or

                (h)    unlawfully engage in conduct that destroys, takes, opens or otherwise interferes with ballot‑boxes or ballot‑papers; or

                 (i)    vote more than once at the same election; or

                (j)    vote at more than one Regional Council ward election held on the same day; or

               (k)    make a statement in a claim, application, voter card, return or declaration, or in an answer to a question, under these Rules, knowing that the statement is false or misleading in a material respect.

Penalty:   10 penalty units.

         (2)   A person must not engage in conduct that defaces, mutilates, destroys or removes a notice, list or other document affixed by any Regional Returning Officer or by his or her authority.

Penalty:   5 penalty units.

121         Prohibition of canvassing near polling booths

         (1)   The following acts are, on polling day, and on all days to which the polling is adjourned, prohibited at an entrance of or within a polling booth, or in any public or private place within 6 metres of an entrance of a polling booth:

                (a)    canvassing for votes;

               (b)    soliciting the vote of any voter;

                (c)    engaging in conduct with the intention of inducing any voter not to vote for any particular candidate;

               (d)    engaging in conduct with the intention of inducing any voter not to vote at the election;

                (e)    displaying a notice or sign (other than an official notice) relating to the election.

Penalty:   5 penalty units.

         (2)   For subrule (1), grounds within an enclosure are taken to be part of a polling booth if:

                (a)    a building used as a polling booth is situated in the grounds; and

               (b)    the appropriate Regional Returning Officer displays during the hours of polling at each entrance to the grounds a notice signed by him or her stating that the grounds are, for subrule (1), part of the polling booth.

122         Badges or emblems in polling booths

                Any officer or scrutineer who wears or displays in a polling booth on polling day any badge or emblem of a candidate or political party is guilty of an offence.

Penalty:   10 penalty units.

123         Forging or uttering electoral papers

         (1)   A person must not:

                (a)    forge any electoral paper; or

               (b)    utter any forged electoral paper, knowing it to be forged.

Penalty:   10 penalty units.

         (2)   In this rule the words electoral paper includes any approved form.

124         Protection of the official mark

         (1)   A person must not:

                (a)    engage in conduct that makes an official mark on or in any paper; or

               (b)    have in his or her possession any paper bearing an official mark; or

                (c)    make use of or have in his or her possession an instrument capable of making on or in any paper an official mark.

Penalty:   10 penalty units.

         (2)   A person who engages in conduct that makes on or in a ballot‑paper, or any paper purporting to be a ballot‑paper, an official mark, is taken to have forged a ballot‑paper.

Note   Forgery of ballot‑papers is dealt with by paragraph 120 (1) (f).

         (3)   All paper bearing an official mark, and all instruments capable of making on or in paper an official mark, made, used, or in the possession of any person without lawful authority (proof of which lies upon him or her):

                (a)    is to be forfeited to the Commonwealth; and

               (b)    may without warrant be seized by a member of the Australian Federal Police or a member of the police force or service of a State or Territory; and

                (c)    may be destroyed or dealt with as determined by the Electoral Commission.

         (4)   In a prosecution for an offence under subrule (1), it is a defence if the person proves that he or she acted with lawful authority.

Note   The defendant bears a legal burden in relation to the defence in subrule (4) (see section 13.4 of the Criminal Code).

         (5)   In a prosecution for an offence constituted by conduct mentioned in subrule (2) it is a defence if the person proves that he or she acted with lawful authority.

Note   The defendant bears a legal burden in relation to the defence in subrule (5) (see section 13.4 of the Criminal Code).

         (6)   In this rule:

official mark means an approved mark placed or made on or in an electoral paper, and includes a mark so nearly resembling an official mark as to be likely to deceive.

125         Misconduct in polling booth

         (1)   A person who, in a polling booth on polling day:

                (a)    engages in conduct that disrupts, or tends to disrupt, the operation of the poll; or

               (b)    does not obey a direction of the presiding officer;

                commits an offence.

Penalty:   5 penalty units.

         (2)   Strict liability applies to whether the conduct disrupts, or tends to disrupt, the operation of the poll.

         (3)   The person may be removed from the polling booth by:

                (a)    a member of the Australian Federal Police; or

               (b)    a member of the police force or service of a State or Territory; or

                (c)    a person authorised by the presiding officer.

126         Re-entry after removal from booth

         (1)   A person commits a further electoral offence if the person:

                (a)    has been removed from a polling booth by direction of the presiding officer under rule 109; and

               (b)    re‑enters the polling booth without the permission of the presiding officer.

Penalty:   10 penalty units.

         (2)   Strict liability applies to whether the direction mentioned in paragraph (1) (a) was given under rule 109.

Note   For strict liability, see section 6.1 of the Criminal Code.

127         Defamation of candidate

         (1)   A person must not make or publish any false and defamatory statement in relation to the personal character or conduct of a candidate.

Penalty:   10 penalty units.

         (2)   It is a defence to a prosecution for an offence under subrule (1) if the defendant proves that he or she had reasonable ground for believing and did in fact believe the statement made or published by him or her to be true.

Note   The defendant bears a legal burden in relation to the defence in subrule (2) (see section 13.4 of the Criminal Code).

128         Publication of matter regarding candidates

         (1)   If, in any matter announced or published by any person, or caused by him or her to be announced or published, on behalf of any association, league, organization or other body of persons, it is, without the written authority of the candidate:

                (a)    claimed or suggested that a candidate in an election is associated with, or supports the policy or activities of, that association, league, organisation or other body of persons; or

               (b)    expressly or impliedly advocated or suggested that a voter should place in the square opposite the name of a candidate on a ballot‑paper a number not greater than the number of Regional Councillors to be elected;

                that person is guilty of an offence.

Penalty:   10 penalty units.

Part 7                 Miscellaneous

  

130         Further elections

         (1)   Where an election for a Regional Council ward:

                (a)    is taken to have wholly failed under subrule 25 (1); or

               (b)    is declared by a court to be absolutely void under section 140 of the Act;

                the Minister may determine that a further election for members for the Regional Council ward is to be held.

      (1A)   If an election for a Regional Council ward is taken to have partially failed under subrule 25 (2), the Minister may determine that a further election for members for the Regional Council ward be held to fill the remaining vacancies in the ward.

         (2)   Where under subrule (1) or (1A) a further election is to be held, the Minister, by notice in writing, published in the Gazette, is to fix a day or days for the polling in relation to that election.

         (3)   Where the day or days for the polling in a further election are fixed under subrule (2), the Electoral Commission must, by notice in writing published in the Gazette, appoint by name such polling places as it considers necessary for each ward in respect of which a further election is to be held.

         (4)   Where a further election is to be held under subrule (1) or (1A), that election must be conducted in accordance with these Rules.

131         Advice to electors not entitled to vote in respect of a ward

                Where the Regional Returning Officer decides that a person who has cast a vote in relation to the ward is not an elector enrolled in respect of that ward, the Regional Returning Officer must notify the person in writing of his or her decision as soon as practicable.

132         Extension of time for acts by officers

                Where:

                (a)    an officer is required by a provision of the Act or these Rules to do an act; and

               (b)    the officer refuses or fails to do the act at the time, or within the period, required by that provision;

                the Electoral Commission may determine that the act may be done within such further time, not exceeding 48 hours, as the Electoral Commission fixes.

133         Institution of proceedings

                The Electoral Commissioner must, in every case where the Crown Law authorities so advise, institute legal proceedings against any person committing any offence against these Rules.

                Provided that this rule does not affect the right of any person to institute proceedings in respect of any offence against these Rules.

134         Proof of posting

                Where these Rules provide for electoral papers to be transmitted to a voter, the electoral papers, where properly addressed, are, on proof of posting, unless the contrary be shown, to be taken to have been duly served on and received by the voter to whom they were addressed on the day when in the ordinary course of post they should have been received at his or her address.

135         Preservation of ballot‑papers

         (1)   A ballot‑paper counted in, or in connection with, an election under the Act must not be destroyed until:

                (a)    the election can no longer be questioned under these Rules; and

               (b)    the ballot‑paper can no longer be used under the Regional Council Election (Casual Vacancies) Rules; and

                (c)    destruction is authorised under rule 136.

      (1A)   A voter card, postal voter card or pre-poll voter card used in, or in connection with, an election under the Act must not be destroyed until:

                (a)    the election can no longer be questioned under these Rules; and

               (b)    destruction is authorised under rule l36.

         (2)   All ballot‑papers, voter cards, postal voter cards and pre-poll voter cards must be preserved for a period of at least 6 months from the date of the declaration of the poll or while required for the purposes of research by the Electoral Commission.

136         Responsibility for preservation of documents

         (1)   After the scrutiny for an election is completed, the officer who conducted the scrutiny must parcel, in separate sealed parcels, the following classes of documents received in relation to the election:

                (a)    ballot‑papers;

               (b)    voter cards and other documents for the ward;

                (c)    pre-poll voter cards and related confirmation of Aboriginality certificates and statutory declarations;

               (d)    postal voter cards and related confirmation of Aboriginality certificates and statutory declarations;

         (2)   Subject to the directions of the Electoral Commissioner, the officer who conducted the scrutiny is responsible for the safe custody of the documents referred to in subrule (1) until their destruction is permitted under rule 135 and authorised by the Electoral Commissioner.

137         Authorised official inquiry

         (1)   The Regional Returning Officer may, if so authorised by the Electoral Commissioner, open any of the parcels referred to in rule 136.

         (2)   Any material that has, in pursuance of this rule, been taken out of a sealed parcel, may be retained by the Regional Returning Officer or dealt with in the manner directed by the Electoral Commissioner.

         (3)   Where the purpose has been satisfied for which any material was, under this rule, taken out of a sealed parcel, the Regional Returning Officer must:

                (a)    as soon as practicable, replace that material in the parcel from which it was taken and refasten and reseal that parcel; and

               (b)    by endorsement on the parcel state that the parcel had been opened by him or her and the purpose for which it had been opened.

         (4)   A Regional Returning Officer who opens a sealed parcel under this rule must not mark, alter or in any way deface or permit any other person to mark, alter or deface, any document taken out of the parcel and is responsible for every such document being replaced in the same condition as when it was taken out.

138         Collection of statistical information

                All ballot‑papers, voter cards, pre-poll voter cards, postal voter cards and other documents used at an election may, at any time after an election can no longer be questioned, be dealt with as necessary for the purposes of collecting statistical information required for the conduct of future elections.

139         Delegation

                Where under these Rules a power or function is conferred on the Electoral Commission, the Electoral Commission may by notice in writing delegate that power or function to the Electoral Commissioner, the Deputy Electoral Commissioner or a member of the staff of the Electoral Commission.

Part 8                 Indigenous Electors Roll — Tasmania

Division 1              Preliminary

140         Application of Part 8

                This Part applies to the 2002 Tasmanian Regional Council elections.

141         Purpose of Part 8

                The purpose of this Part is to provide for the establishment of an Indigenous Electors Roll for the 2002 Tasmanian Regional Council elections, to ensure that only indigenous persons may vote in those elections.

142         Definitions for Part 8

                In this Part:

applicant means a person who applies for enrolment on the Indigenous Electors Roll under rule 145.

Committee means the Independent Indigenous Advisory Committee established under rule 156.

DRO has the same meaning as in the Electoral Act.

Indigenous Electors Roll means the Roll provided by the Electoral Commission under rule 154.

indigenous enrolment form means an enrolment form approved by the Electoral Commission for the purpose of this Part.

indigenous person means an Aboriginal person or a Torres Strait Islander.

objection form means a form approved by ATSIC and the Electoral Commission for rule 148.

objector means a person who makes an objection under rule 148.

Provisional Roll means the Roll provided by the Electoral Commission under rule 146.

Division 2              Indigenous Electors Roll

143         Electoral Commission to prepare Indigenous Electors Roll

                The Electoral Commission must prepare the Indigenous Electors Roll in accordance with this Part.

144         Eligibility

                A person is eligible to be included on the Indigenous Electors Roll if the person:

                (a)    will be at least 18 at the date of the next election; and

               (b)    lives in the ward for which the person wishes to enrol.

Note   Section 101 of the Act provides that a person is entitled to vote at a Regional Council election only if the person is an Aboriginal person or a Torres Strait Islander.

145         Enrolment

         (1)   ATSIC must, by notice:

                (a)    invite applications for enrolment on the Indigenous Electors Roll; and

               (b)    state the closing date for applications.

         (2)   A notice under subrule (1) must be published in at least 2 newspapers or periodicals that ATSIC considers are likely to be read by a reasonable number of persons having an interest in the 2002 Tasmanian Regional Council elections.

         (3)   A person who wishes to be included on the Indigenous Electors Roll must complete an indigenous enrolment form.

         (4)   A completed indigenous enrolment form must:

                (a)    be signed by the person applying for enrolment; and

               (b)    be witnessed by a person entitled to enrolment on an Electoral Roll under the Electoral Act, who must sign the form as witness in his or her own handwriting; and

                (c)    be lodged with the Electoral Commission before the closing date.

146         Provisional Roll

         (1)   Within 28 days of the closing date mentioned in paragraph 145 (1) (b), the Electoral Commission must create a Provisional Roll and give it to the Committee.

         (2)   Subject to rule 155, the Provisional Roll must set out the surname, given name (or names) and address of each person on the Roll.

147         Public inspection of the Provisional Roll

         (1)   The Committee must make copies of the Provisional Roll available for public inspection.

         (2)   The Committee must give notice:

                (a)    of the locations where the Provisional Roll is available for public inspection; and

               (b)    to the effect that the enrolment of a person on the Provisional Roll may be objected to under rule 148.

         (3)   A notice under subrule (2) must be published in at least 2 newspapers or periodicals that the Committee considers are likely to be read by a reasonable number of persons having an interest in the 2002 Tasmanian Regional Council elections.

148         Objection to the enrolment of a person on the Provisional Roll

         (1)   An Australian citizen who is at least 18 and who has an honest belief that an applicant enrolled on the Provisional Roll is not an indigenous person may object to the inclusion of an applicant on the Provisional Roll.

         (2)   An objection must set out the reasons why the objector has an honest belief that an applicant enrolled on the Provisional Roll is not an indigenous person.

         (3)   A person who wishes to make an objection under subrule (1) must complete an objection form.

         (4)   A completed objection form must:

                (a)    be signed by the person making the objection; and

               (b)    be witnessed by a person entitled to enrolment on an Electoral Roll under the Electoral Act, who must sign the form as witness in his or her own handwriting; and

                (c)    be lodged with the Committee by 5 pm on 28 June 2002.

         (5)   On receiving an objection, the Committee must notify the objector in writing that the objection has been received.

         (6)   The Committee must not consider an objection if:

                (a)    the objection does not set out the reasons why the objector has an honest belief that an applicant enrolled on the Provisional Roll is not an indigenous person; or

               (b)    the Committee considers, on reasonable grounds, that the objection is frivolous or vexatious.

         (7)   If the Committee has considered an objection to the enrolment of a person on the Provisional Roll, the Committee must not consider any other objections to the enrolment of that person.

         (8)   If the Committee decides not to consider an objection under subrule (6), or is prevented from considering an objection under subrule (7), the Committee must notify the objector in writing that the objection will not be considered, and of the reason that it will not be considered.

         (9)   If subrule (7) or (8) does not apply, the Committee must:

                (a)    notify the applicant in writing that an objection to the enrolment has been made, and of the name of the objector; and

               (b)    ask the applicant to make a submission in relation to the objection, in the form required by the Committee, within 21 days of the date of the notice.

149         Submissions by the applicant

         (1)   This rule applies if an applicant makes a submission in response to a request under paragraph 148 (9) (b).

         (2)   The submission must provide evidence that the applicant is an Aboriginal person or a Torres Strait Islander.

150         Consideration of objection — if applicant has not made a submission

                If the applicant does not make a submission within the period mentioned in paragraph 148 (9) (b), the Committee must, as soon as practicable after the end of that period, accept the objection.

151         Consideration of objection — if applicant has made a submission

         (1)   This rule applies if the applicant has made a submission within the period mentioned in paragraph 148 (9) (b).

         (2)   The Committee must consider the objection and the applicant’s submission.

         (3)   If the Committee believes that there is insufficient evidence on which to make a decision, the Committee must ask the applicant to provide sufficient information to allow the Committee to make a decision.

         (4)   A request under subrule (3) must specify the kind of information that is required, the date by which the information must be provided to the Committee, and the places (if any) at which help in obtaining further information may be available.

         (5)   After considering the objection, the applicant’s submission and any information provided under subrule (3):

                (a)    if the Committee is satisfied, on the balance of probability, that the applicant is an indigenous person, the Committee must reject the objection; and

               (b)    if the Committee is satisfied, on the balance of probability, that the applicant is not an indigenous person, the Committee must accept the objection.

         (6)   The Committee must make its decision on or before the date on which nominations for the poll open.

152         Help for applicants

         (1)   The Committee may make a person mentioned in subrule 159 (1) available to help an applicant:

                (a)    to obtain further information under subrule 151 (3); and

               (b)    to prepare the submission to the Committee’s requirements.

         (2)   The cost of help mentioned in subrule (1) will be met by ATSIC.

153         Notice of Committee’s decision

         (1)   The Committee must notify the applicant in writing of a decision under rule 150 or subrule 151 (5) and of the reasons for the decision.

         (2)   The Committee must also notify the Minister, the objector and the Electoral Commission of a decision under rule 150 or subrule 151 (5).

         (3)   If the Committee accepts the objection, the Electoral Commission must remove the applicant’s name from the Provisional Roll.

154         Indigenous Electors Roll

         (1)   The Electoral Commission must create the Indigenous Electors Roll after receiving notice of the Committee’s decision in relation to each objection that has been considered.

         (2)   Subject to rule 155, the Indigenous Electors Roll must set out the surname, given name (or names) and address of each person on the Roll.

         (3)   The Electoral Commission must give the Indigenous Electors Roll to ATSIC.

         (4)   ATSIC owns the Indigenous Electors Roll.

         (5)   ATSIC may use the Indigenous Electors Roll only for the purposes of the 2002 Tasmanian Regional Council elections.

155         Request for address not to be shown on Rolls

         (1)   If a person considers that having his or her address shown on the Indigenous Electors Roll would place his or her personal safety, or the personal safety of members of his or her family, at risk, he or she may lodge with the indigenous enrolment form a written request that the address not be entered on the Indigenous Electors Roll.

         (2)   If:

                (a)    the address of a person is included in the particulars relating to the person that are entered on the Provisional Roll or the Indigenous Electors Roll; and

               (b)    the person considers that the inclusion of the address places his or her personal safety, or the personal safety of members of his or her family, at risk;

                the person may lodge with the Electoral Commission a written request that the address be deleted from the Roll.

         (3)   A request under subrule (1) or (2) must give details of the risk and must be supported by statutory declaration by the person making the request or another person.

         (4)   If a request has been made under subrule (1), and the DRO is satisfied, on reasonable grounds, that having the address of the person making the request shown on the Roll would place the personal safety of the person or members of the person’s family at risk, the DRO:

                (a)    must not include the address of the person in the particulars relating to the person that are entered on the Provisional Roll or the Indigenous Electors Roll; and

               (b)    if the person is enrolled on an Electoral Roll under the Electoral Act — must delete the address of the person from the particulars relating to the person that are entered on the Roll; and

                (c)    if the person is enrolled on the State Roll under the Electoral Act 1985 (Tasmania) — must delete the address of the person from the particulars relating to the person that are entered on the Roll.

         (5)   If a request has been made under subrule (2), and the DRO is satisfied, on reasonable grounds, that having the address of the person making the request shown on the Provisional Roll or the Indigenous Electors Roll places the personal safety of the person or members of the person’s family at risk, the DRO:

                (a)    must delete the address of the person from the particulars relating to the person that are entered on the Provisional Roll or the Indigenous Electors Roll; and

               (b)    if the person is enrolled on an Electoral Roll under the Electoral Act — must delete the address of the person from the particulars relating to the person that are entered on the Roll; and

                (c)    if the person is enrolled on the State Roll under the Electoral Act 1985 (Tasmania) — must delete the address of the person from the particulars relating to the person that are entered on the Roll.

         (6)   If subrule (4) or (5) does not apply, the DRO must refuse the request.

         (7)   The DRO must notify the person in writing of the decision.

         (8)   The DRO must, if directed to do so by the Electoral Commission, conduct a review of the Indigenous Electors Roll in relation to persons whose addresses are not shown on the Roll under this rule.

         (9)   If, after a review, the DRO is not satisfied, on reasonable grounds, that the personal safety of a person whose address is not shown on the Indigenous Electors Roll, or of the person’s family, would be at risk if the person’s address were shown on the Roll, the DRO must notify the person in writing that the DRO has decided that the person’s address should be entered on the Indigenous Electors Roll.

       (10)   If:

                (a)    a decision under subrule (9) that a person’s address should be entered on the Roll has not been set aside by the Administrative Appeals Tribunal or a court; and

               (b)    it is no longer possible for the decision to be so set aside;

                the DRO must enter the person’s address on the Indigenous Electors Roll, the Electoral Roll under the Electoral Act on which the person is enrolled and the State Roll under the Electoral Act 1985 (Tasmania) on which the person is enrolled.

Division 3              Independent Indigenous Advisory Committee

156         The Committee

         (1)   ATSIC must, by notice, invite applications for membership of the Independent Indigenous Advisory Committee.

         (2)   A notice under subrule (1) must be published in at least 2 newspapers or periodicals that ATSIC considers are likely to be read by a reasonable number of persons having an interest in the 2002 Tasmanian Regional Council elections.

         (3)   The Committee is to be composed of 9 indigenous persons, appointed by the Minister.

         (4)   For each ward, the Committee must include 2 members who live in that ward.

         (5)   The Committee must elect a Chairperson at the first meeting of the Committee.

157         Remuneration of Committee members

                Committee members must be paid such remuneration as is determined, in writing, by the Minister.

158         Procedure at Committee meetings

         (1)   A quorum for a meeting of the Committee is 6 members.

         (2)   The Chairperson of the Committee must preside at all meetings of the Committee at which he or she is present.

         (3)   If the Chairperson is not present at a meeting of the Committee, those members present must elect one of their number to preside at the meeting.

         (4)   The person presiding at a meeting of the Committee has a deliberative vote and, if the votes are equal, also has a casting vote.

         (5)   Questions arising at a meeting of the Committee are to be decided by a majority of votes of the members present and voting.

         (6)   The Committee may regulate the conduct of proceedings at its meetings as it considers appropriate.

159         Help for Committee

         (1)   The following persons will, if practicable, be available to help the Committee:

                (a)    one or more archivists nominated by the State Archivist (Tasmania);

               (b)    one or more historians having expertise in the fields of indigenous genealogy and history, nominated by the Committee.

         (2)   The cost of the help will be met by ATSIC.

         (3)   If a person mentioned in subrule (1) has helped an applicant under rule 152, the person may help the Committee only in relation to matters of fact relating to the applicant’s submission.

160         Committee Secretariat

         (1)   The Committee will be supported by a Secretariat.

         (2)   The cost of the Secretariat will be met by ATSIC.

         (3)   The Secretariat may perform the functions of the Committee under the following provisions:

                (a)    rule 146;

               (b)    rule 147;

                (c)    paragraph 148 (4) (c);

               (d)    subrule 148 (5).

         (4)   Subrule (3) has effect until sufficient members of the Committee have been appointed to enable the Committee to meet for the first time.

Division 4              Voting

161         Voting

         (1)   Voting will be by postal vote.

         (2)   The indigenous enrolment form that was completed by a person whose name is on the Indigenous Electors Roll is taken to be an application by the person for a postal vote.

         (3)   After the close of nominations, the relevant Regional Returning Officer must post to all voters on the Indigenous Electors Roll:

                (a)    a postal vote card attached to an envelope; and

               (b)    a postal ballot-paper; and

                (c)    an outer envelope addressed to the relevant Regional Returning Officer.

         (4)   The postal vote card and other material mentioned in subrule (3) must be posted to the address of the voter given on the indigenous enrolment form.

         (5)   Subrule (3) does not apply to a voter who, after creation of the Provisional Roll, is registered as an elector on a Roll under the Electoral Act for a place outside Tasmania.

Division 5              Offences

162         Copying Rolls

         (1)   A person is guilty of an offence if the person makes a copy of the whole or part of the Provisional Roll or the Indigenous Electors Roll by any means.

Penalty:   10 penalty units.

         (2)   However, it is a defence to a prosecution for an offence against subrule (1) if the person made the copy for the purposes of the 2002 Tasmanian Regional Council elections.

163         Disclosure of contents of Rolls

         (1)   A person is guilty of an offence if the person discloses the contents of the Provisional Roll or of the Indigenous Electors Roll.

Penalty:   60 penalty units.

         (2)   However, it is a defence to a prosecution for an offence against subrule (1) if the person:

                (a)    was allowed to make the disclosure under this Part; and

               (b)    made the disclosure for the purposes of the 2002 Tasmanian Regional Council elections.

164         Use of information on Rolls

         (1)   A person is guilty of an offence if the person uses information on the Provisional Roll or on the Indigenous Electors Roll.

Penalty:   60 penalty units.

         (2)   However, it is a defence to a prosecution for an offence against subrule (1) if the person:

                (a)    was allowed to use the information under this Part; and

               (b)    used the information for the purposes of the 2002 Tasmanian Regional Council elections.

Division 6              Miscellaneous

165         Preliminary scrutiny of votes — silent electors

         (1)   This rule applies to an indigenous enrolment form relating to a person whose address was not included on, or has been deleted from, the Indigenous Electors Roll under rule 155.

         (2)   Before making a copy of the form available for inspection by scrutineers under rule 168, the Regional Returning Officer must remove the person’s address from the copy.

166         Administrative review

         (1)   A person may apply to the Administrative Appeals Tribunal for review of any of the following decisions:

                (a)    a decision of the Committee under subrule 151 (5) to accept an objection;

               (b)    a decision of a DRO under subrule 155 (6) to refuse a request under subrule 155 (1) or (2);

                (c)    a decision of a DRO under subrule 155 (9) to enter the person’s address on the Indigenous Electors Roll.

         (2)   Despite paragraph 29 (1) (d) of the Administrative Appeals Tribunal Act 1975, an application mentioned in subrule (1) must be lodged within 7 days after the date of the notice of the decision.

167         Destruction of documents containing sensitive information

         (1)   In this rule:

appeal means an appeal to:

                (a)    the Administrative Appeals Tribunal under rule 166; or

               (b)    a court under the Administrative Decisions (Judicial Review) Act 1977.

sensitive information has the same meaning as in the Privacy Act 1988.

         (2)   If the Committee receives sensitive information mentioned in rule 149 for the purpose of making a decision under subrule 151 (5), the Committee must destroy the documents containing the information within 28 days after the end of the period within which the person to whom the information relates may appeal the decision.

         (3)   If a DRO receives sensitive information under subrule 155 (1), (2), (3) or (8) for the purpose of making a decision under subrule 155 (4), (5), (6) or (9), the DRO must destroy the documents containing the information within 28 days after the end of the period within which the person to whom the information relates may appeal the decision.

168         Conduct of preliminary scrutiny of votes

         (1)   The relevant Regional Returning Officer must conduct as many preliminary scrutinies as he or she considers appropriate until:

                (a)    all envelopes containing postal votes received by him or her up to the end of the sixth day after the close of the poll have been dealt with in accordance with this rule; and

               (b)    any envelopes containing postal votes received before the close of the poll by any other Regional Returning Officer have been dealt with in accordance with this rule.

         (2)   At the first preliminary scrutiny, the relevant Regional Returning Officer must produce:

                (a)    unopened — all envelopes containing postal votes; and

               (b)    all postal voter cards;

                that he or she has received.

         (3)   At a subsequent preliminary scrutiny (if any), the relevant Regional Returning Officer must produce:

                (a)    unopened — all envelopes containing postal votes; and

               (b)    all postal voter cards;

                that he or she has received and that have not previously undergone scrutiny.

         (4)   Subject to subrule (6), the relevant Regional Returning Officer must, in conducting a preliminary scrutiny:

                (a)    compare the signature of the elector on each postal voter card with the signature of the elector on the indigenous enrolment form, and allow the scrutineers to inspect both signatures; and

               (b)    accept for further scrutiny the ballot-paper enclosed in the corresponding envelope if satisfied that:

                          (i)    the elector is enrolled in respect of the ward to which the vote relates; and

                         (ii)    the signature on the postal voter card is that of the elector who signed the indigenous enrolment form; and

                         (iii)    the signature on the postal voter card appears to have been witnessed by an authorised witness; and

                        (iv)    the vote contained in the envelope was recorded before the close of the poll; and

                (c)    if not satisfied as to a matter specified in subparagraph (b) (i), (ii), (iii) or (iv):

                          (i)    disallow the ballot-paper without opening the envelope in which it is contained; and

                         (ii)    place the envelope in a parcel with all the other envelopes containing ballot-papers which have been disallowed under this paragraph, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and

               (d)    separate the postal voter card from each envelope accepted for further scrutiny, placing the envelopes in a ballot box and the postal voter cards in a parcel; and

                (e)    seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and

                (f)    after the close of the poll:

                          (i)    extract the ballot-paper from inside each envelope without further examining the envelope or permitting anyone else to do so; and

                         (ii)    place the extracted ballot-papers by themselves in a ballot box for further scrutiny; and

                         (iii)    place all the envelopes from which ballot-papers have been extracted in another parcel, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date.

         (5)   A Regional Returning Officer who proposes to conduct a preliminary scrutiny must, before 4.00 pm on the day before the day on which the scrutiny is to be conducted:

                (a)    prominently display at his or her office a notice setting out:

                          (i)    the day on which; and

                         (ii)    the time or times at which;

                        the scrutiny is to be conducted; and

               (b)    as far as is reasonably practicable — conduct the scrutiny accordingly.

         (6)   For subparagraph (4) (b) (iv), an envelope that bears a postmark dated after polling day is taken to contain a vote that was not recorded before the close of the poll.

169         Provisions that do not apply

                The following provisions do not apply in relation to the 2002 Tasmanian Regional Council Elections:

                (a)    paragraph 6 (1) (b);

               (b)    rule 27;

                (c)    rule 31;

               (d)    subrule 32 (3);

                (e)    subrules 35 (2) and (3);

                (f)    subparagraphs 37 (1) (e) (iii) and (iv);

                (g)    subrule 37 (2);

                (h)    rules 43 and 45A;

                 (i)    Schedule 2.

Division 7              Modification of Rules for 2002 Tasmanian Regional Council elections

170         Modification of Rules

                These Rules are modified in their application to the 2002 Tasmanian Regional Council elections in accordance with Schedule 2.

 


Schedule 1        Wards

(rule 2A)

Part 1          New South Wales

 

Region that contains the following place

Ward

Designated number for the ward

Map depicting boundaries of wards

Coffs Harbour

Gattang

Northern Rivers

8

4

ATSIC Coffs Harbour Region — ATSIC 02/1

Tamworth

Gomilaroi

Tingha

Quirindi

4

3

5

ATSIC Tamworth Region — ATSIC 02/2

Sydney

Greater Sydney

Wollongong

11

1

ATSIC Sydney Region — ATSIC 02/3

Bourke

Wangkumara

NSW Far West

8

3

ATSIC Bourke Region — ATSIC 02/4

Wagga Wagga

Deniliquin

Wirawongam

Murrumbidgee/Lachlan

1

7

4

ATSIC Wagga Wagga Region — ATSIC 02/5

Queanbeyan

Bogong

Umbara

Canberra

2

6

4

ATSIC Queanbeyan Region — ATSIC 02/6

Part 2          Northern Territory

 

Region that contains the following place

Ward

Designated number for the ward

Map depicting boundaries of wards

Katherine

Ward 1

Ward 2

Ward 3

Ward 4

Ward 5

2

1

3

2

3

ATSIC Katherine Region — ATSIC 02/7

Jabiru

Tiwi Islands

Jabiru

Coburg

Wadeye

Daly River

3

4

1

2

1

ATSIC Jabiru Region — ATSIC 02/8

Nhulunbuy

Bärra

Bulunu

Mamarika

4

4

3

ATSIC Nhulunbuy Region — ATSIC 02/9

Darwin

Darwin

Palmerston

Balang Garnang

Wagait

7

3

1

1

ATSIC Darwin Region — ATSIC 02/10

Alice Springs

Alice Springs

10

ATSIC Alice Springs Region — ATSIC 02/11

Tennant Creek

Tennant Creek

Barkly

Wauchope

Alpurrurulam

3

2

3

1

ATSIC Tennant Creek Region — ATSIC 02/12

Apatula

Papunya

Impiyara

Arltarlpilta

7

1

3

ATSIC Apatula Region — ATSIC 02/13

Part 3          Queensland

 

Region that contains the following place

Ward

Designated number for the ward

Map depicting boundaries of wards

Cooktown

Hope Vale

Coen

Kowanyama

Aurukun

Cape York

2

1

2

2

4

ATSIC Cooktown Region — ATSIC 02/14

Mount Isa

Burke

Mornington

Mount Isa

South East

Carpentaria

1

2

5

2

1

ATSIC Mount Isa Region — ATSIC 02/15

Brisbane

Brisbane Metro

North Coast

Ipswich and South Coast

5

2

5

ATSIC Brisbane Region — ATSIC 02/16

Cairns

Cairns

Yarrabah

Innisfail

Tableland-Douglas

6

2

1

3

ATSIC Cairns Region — ATSIC 02/17

Townsville

Townsville

Palm Island

Mackay

Ingham

Charters Towers

4

2

4

1

1

ATSIC Townsville Region — ATSIC 02/18

Roma

Roma

12

ATSIC Roma Region — ATSIC 02/19

Rockhampton

Rockhampton

Longreach

Woorabinda

Gladstone

Wide Bay

4

1

1

2

4

ATSIC Rockhampton Region — ATSIC 02/20

Part 4          South Australia

 

Region that contains the following place

Ward

Designated number for the ward

Map depicting boundaries of wards

Adelaide

Kaurna

Murrundi

9

3

ATSIC Adelaide Region — ATSIC 02/21

Port Augusta

Amata

Indulkana

Coober Pedy

Nulla Wanga Tjuta South

Nulla Wanga Tjuta North

2

2

1

5

1

ATSIC Port Augusta Region — ATSIC 02/22

Ceduna

Wangka Pulka North

Wangka Pulka South

Kakarrara Wilurrara

4

3

2

ATSIC Ceduna Region — ATSIC 02/23

Part 5          Tasmania

 

Region that contains the following place

Ward

Designated number for the ward

Map depicting boundaries of wards

Hobart

Hobart

Burnie

Launceston

6

4

2

ATSIC Hobart Region — ATSIC 02/24

Part 6          Victoria

 

Region that contains the following place

Ward

Designated number for the ward

Map depicting boundaries of wards

Wangaratta

Gippsland

Goulburn Valley

East Melbourne

3

3

6

ATSIC Wangaratta Region — ATSIC 02/26

Ballarat

Tumbukka

West Melbourne

7

5

ATSIC Ballarat Region — ATSIC 02/27

Part 7          Western Australia

 

Region that contains the following place

Ward

Designated number for the ward

Map depicting boundaries of wards

Perth

Yunderup

Gnangara

Walunga

Bibra

Wungong

2

3

3

2

2

ATSIC Perth Region — ATSIC 02/28

Narrogin

Moora

Northam

Bunbury

Narrogin

Albany

1

2

4

1

3

ATSIC Narrogin Region — ATSIC 02/29

Derby

Jayida Buru

Bandaral Ngadu

5

5

ATSIC Derby Region — ATSIC 02/30

Kununurra

Yawooroong

Yarleyel

Kutjungka

5

3

2

ATSIC Kununurra Region — ATSIC 02/31

Broome

Broome

Outer Areas

6

4

ATSIC Broome Region — ATSIC 02/32

South Hedland

Port Hedland

Roebourne

Ashburton

East Pilbara

4

4

1

1

ATSIC South Hedland Region — ATSIC 02/33

Geraldton

Geraldton

Murchison

Gascoyne

Mullewa

Meekatharra

4

1

3

1

1

ATSIC Geraldton Region — ATSIC 02/34

Kalgoorlie

Garlgurla

Mulga Marlu

Goolbit

5

2

3

ATSIC Kalgoorlie Region — ATSIC 02/35

Warburton

Western Desert

Warburton

Cundeelee

4

4

1

ATSIC Warburton Region — ATSIC 02/36

Schedule 2        Modification of Rules for 2002 Tasmanian Regional Council elections

(rule 170)

1           Subrule 2 (1), definition of elector

substitute

elector means:

                (a)    for a region in a State other than Tasmania or in a Territory — a person whose name is on a Roll under the Electoral Act; or

               (b)    for a region in Tasmania — a person whose name is on the Indigenous Electors Roll mentioned in rule 154.

2           Subrule 2 (1), definition of nomination period

substitute

nomination period means:

                (a)    for a region in a State other than Tasmania or in a Territory — the period beginning 60 days before the day fixed for polling under section 104 of the Act and ending at the hour of nomination; or

               (b)    for a region in Tasmania — the period beginning on the day when the Electoral Commission gives ATSIC the Indigenous Electors Roll under rule 154 and ending at the hour of nomination.

3           After subrule 8 (2)

insert

         (3)   A person who nominates for the 2002 Tasmanian Regional Council election must be enrolled on the Indigenous Electors Roll mentioned in rule 154.

4           Paragraph 9 (1) (b)

after

enrolled

insert

on a Roll under the Electoral Act

5           Paragraph 9 (1) (b), at the foot

insert

Note   A nomination for a ward in Tasmania may be signed by an elector who is enrolled under the Electoral Act for the ward but who is not enrolled on the Indigenous Electors Roll mentioned in rule 154.

6           Rule 18

substitute

18            Day of nomination

         (1)   The day of nomination is 31 days before the day fixed for the poll.

         (2)   However, for the 2002 Tasmanian Regional Council election, the day of nomination is 15 days before the day fixed for the poll.

Schedule 2        Grounds on which to apply for postal or pre-poll vote

(rules 31 and 47)

  

l.              Throughout the hours of polling on polling day, the elector will not be in the ward for which he or she is enrolled.

2.             The elector, at any time during the hours of polling on polling day, will not be within 8 kilometres by the nearest practical route of any polling booth or station at which a mobile polling team is scheduled to visit (either before or on polling day) in the ward for which he or she is enrolled.

3.             Throughout the hours of polling on polling day, the elector will be travelling under conditions that will prevent him or her from voting at any polling booth in the ward for which he or she is enrolled.

4.             The elector will be unable to attend a polling booth on polling day because of:

                (a)    serious illness; or

               (b)    infirmity; or

                (c)    approaching childbirth. (In the case of a elector who will be a patient at a hospital on polling day, this paragraph applies regardless of the operation of rule 69).

5.             On polling day, the elector will be unable to attend a polling booth because he or she will be at a place (other than a hospital) caring for a person who is:

                (a)    seriously ill; or

               (b)    infirm; or

                (c)    expected to give birth shortly.

6.             Throughout the hours of polling on polling day, the elector will be a patient in a hospital (other than a special hospital) and unable to vote at the hospital.

7.             Throughout the hours of polling on polling day, the elector will be a patient at a special hospital but will be unable to have his or her vote taken under rule 69.

8.             Because of the elector’s religious beliefs or membership of a religious order, the elector:

                (a)    is precluded from attending a polling booth; or

               (b)    for the greater part of the hours of polling on polling day, is precluded from attending a polling booth.

9.             On polling day, the elector (except an elector able to vote under rule 70A) will be:

                (a)    serving a sentence of imprisonment; or

               (b)    otherwise in lawful custody or detention.

 

10.           Throughout the hours of polling on polling day, the elector will be engaged in his or her employment or occupation and:

                (a)    if the elector is an employee — will not be allowed leave of absence to vote; or

               (b)    in any other case — the absence of the elector for the purpose of attending a polling booth to vote would be likely to cause loss to the person in his or her occupation.

 


Notes to the Aboriginal and Torres Strait Islander Commission (Regional Council Election) Rules 1990

Note 1

The Aboriginal and Torres Strait Islander Commission (Regional Council Election) Rules 1990 (in force under section 113 of the Aboriginal and Torres Strait Islander Commission Act 1989) as shown in this compilation is amended as indicated in the Tables below.

Table of Rules

Title

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

Regional Council Election Rules No. 1 of 1990

18 July 1990 (see Gazette 1990, No. GN28)

18 July 1990

 

Regional Council Election Rules (Amendment) (No. 1) 1992

8 Oct 1992 (see Gazette 1992, No. S290)

17 Dec 1992

Regional Council Election Rules (Amendment) (No. 1) 1993

29 Sept 1993 (see Gazette 1993, No. S293)

29 Sept 1993

Regional Council Election Rules (Amendment) (No. 1) 1994

25 Oct 1994 (see Gazette 1994, No. S379)

25 Oct 1994

Regional Council Election Rules (Amendment) (No. 1) of 1995

23 Aug 1995 (see Gazette 1995, No. S319)

23 Aug 1995

Regional Council Election Rules (Amendment) (No. 2) 1995

20 Nov 1995 (see Gazette 1995, No. S437)

20 Nov 1995

Regional Council Election Rules (Amendment) (No. 3) 1995

14 Nov 1995 (see Gazette 1995, No.  S430)

15 Apr 1996

Regional Council Election Rules (Amendment) (No. 1) 1996

11 July 1996 (see Gazette 1996, No. S262)

11 July 1996

Aboriginal and Torres Strait Islander Commission Amendment Act 1996 (No. 35, 1996

12 Sept 1996

12 Sept 1996

Regional Council Election Amendment Rules (No. 2) 1998

5 May 1999 (see Gazette 1999, No. GN18)

5 May 1999

R. 7 [see Table A]

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 1999 (No. 1)

8 July 1999 (see Gazette 1999, No. S315)

8 July 1999

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2001 (No. 1)

19 Sept 2001 (see Gazette 2001, No. S377)

19 Sept 2001

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 1)

1 Feb 2002 (see Gazette 2002, No. S35)

1 Feb 2002

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 2)

27 Mar 2002 (see Gazette 2002, No. GN12)

27 Mar 2002

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 3)

31 May 2002 (see Gazette 2002, No. S176)

31 May 2002

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 4)

28 June 2002 (see Gazette 2002, No. S232)

28 June 2002

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 5)

11 July 2002 (see Gazette 2002, No. S262)

11 July 2002

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 6)

18 July 2002 (see Gazette 2002, No. S272)

18 July 2002

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

 

R. 1..........................................

rs. No. 2, 1998

 

R. 2..........................................

am. No. 1, 1992; No. 1, 1993; No. 1, 1996; No. 1, 1999; No. 1, 2002

 

R. 2A........................................

ad. No. 1, 1993

 

 

am. Nos. 2 and 3, 1995; No. 1, 1996; No. 2, 1998; No. 1, 1999; No. 1, 2001

 

R. 3..........................................

rep. No. 1, 1996

 

R. 6..........................................

am. No. 1, 1993; No. 1, 1996

 

R. 7..........................................

am. No. 1, 1993

 

 

rs. No. 1, 1996

 

R. 9..........................................

am. No. 1, 1992; No. 1, 1993; No. 4, 1994; No. 1, 1996; No. 5, 2002

 

R. 10........................................

am. No. 1, 1993; No. 1, 1996

 

R. 11........................................

am. No. 1, 1993

 

 

rep. No. 1, 1996

 

R. 12........................................

rep. No. 1, 1996

 

R. 13........................................

am. No. 1, 1992; No. 1, 1996; No. 1, 1999

 

R. 15........................................

am. No. 1, 1996

 

R. 16........................................

rep. No. 1, 1992

 

R. 18........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

R. 19........................................

am. No. 1, 1996

 

R. 20........................................

am. No. 1, 1992; No. 1, 1993

 

 

rs. No. 3, 2002

 

R. 21........................................

am. No. 1, 1992

 

R. 22........................................

rep. No. 1, 1992

 

R. 25........................................

rs. No. 1, 1993

 

R. 25A.....................................

ad. No. 1, 1993

 

 

rep. No. 1, 1996

 

R. 26........................................

am. No. 1, 1993

 

Note to r. 26...........................

ad. No. 3, 2002

 

R. 27........................................

am. No. 1, 1992; No. 1, 1996; No. 3, 2002

 

R. 28........................................

am. No. 1, 1992; No. 1, 1993; No. 1, 1996

 

Part 3, Div. 2 (rr. 31–40,.......
43–53)

rep. No. 1, 1993

 

Part 3, Div. 2 (rr. 31–45).......

ad. No. 1, 1993

 

Rr. 31, 32................................

rs. No. 1, 1993

 

R. 33........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

 

am. No. 1, 1996

 

Heading to r. 34....................

am. No. 1, 1999

 

R. 34........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

 

am. No. 1, 1996; No. 1, 1999; Nos. 5 and 6, 2002

 

R. 35........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

 

am. No. 1, 1999

 

Heading to r. 36....................

am. No. 1, 1999

 

R. 36........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

 

am. No. 1, 1999

 

R. 37........................................

rs. No. 1, 1993

 

 

am. No. 1, 1996; No. 1, 1999

 

R. 38........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

Heading to r. 39....................

am. No. 1, 1999

 

R. 39........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

 

am. No. 1, 1996; No. 1, 1999

 

R. 40........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

R. 41........................................

rep. No. 1, 1992

 

 

ad. No. 1, 1993

 

 

am. No. 1, 1996; No. 1, 1999

 

R. 42........................................

rep. No. 1, 1992

 

 

ad. No. 1, 1993

 

R. 42A.....................................

ad. No. 1, 1999

 

Heading to r. 43....................

rs. No. 1, 1999

 

R. 43........................................

rs. No. 1, 1993

 

 

am. No. 1, 1996; No. 1, 1999; No. 3, 2002

 

R. 44........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

R. 45........................................

rs. No. 1, 1993

 

 

am. No. 1, 1999

 

R. 45A.....................................

ad. No. 1, 1999

 

 

rs. No. 3, 2002

 

Div. 2A (rr. 46–53,.................
53A–53C)

ad. No. 1, 1993

 

R. 46........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

R. 47........................................

rs. No. 1, 1993

 

 

am. No. 1, 1996

 

R. 48........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

R. 49........................................

rs. No. 1, 1993

 

R. 50........................................

rs. No. 1, 1993

 

 

am. No. 1, 1996; No. 1, 1999; No. 6, 2002

 

Heading to r. 51....................

am. No. 1, 1999

 

Rr. 51, 52................................

am. No. 1, 1992

 

 

rs. No. 1, 1993; No. 1, 1996; No. 1, 1999

 

R. 53........................................

am. No. 1, 1992

 

 

rs. No. 1, 1993

 

R. 53A.....................................

ad. No. 1, 1993

 

 

am. No. 1, 1999

 

R. 53B.....................................

ad. No. 1, 1993

 

R. 53C.....................................

ad. No. 1, 1993

 

 

am. No. 1, 1999

 

R. 53D.....................................

ad. No. 1, 1999

 

 

rs. No. 3, 2002

 

 

am. No. 5, 2002

 

R. 54........................................

am. No. 1, 1992; No. 1, 1996

 

R. 55........................................

am. No. 1, 1992

 

R. 56........................................

rs. No. 1, 1993

 

R. 59........................................

am. No. 1, 1993; No. 1, 1996

 

R. 60........................................

rs. No. 1, 1996

 

R. 61........................................

am. No. 1, 1996; No. 1, 1999

 

R. 62........................................

am. No. 3, 2002

 

R. 63........................................

am. No. 1, 1996

 

Rr. 64, 65................................

rs. No. 3, 2002

 

R. 67........................................

am. No. 1, 1993; No. 1, 1996

 

R. 69........................................

am. No. 1, 1993; No. 1, 1996; No. 3, 2002

 

R. 70........................................

am. No. 1, 1993; No. 1, 1996

 

R. 70A.....................................

ad. No. 1, 1993

 

 

am. No. 1, 1996; No. 3, 2002

 

R. 71........................................

am. No. 1, 1996; No. 3, 2002

 

R. 72........................................

am. No. 1, 1993; No. 1, 1996; No. 1, 1999

 

R. 73........................................

am. No. 1, 1993; No. 1, 1996

 

R. 74........................................

rs. No. 1, 1993; No. 1, 1996

 

R. 76........................................

am. No. 1, 1993; No. 1, 1996

 

Rr. 78, 79................................

am. No. 1, 1993; No. 1, 1996

 

 

rs. No. 3, 2002

 

R. 80........................................

am. No. 1, 1992

 

 

rs. No. 1, 1996; No. 3, 2002

 

R. 81........................................

am. No. 1, 1992; No. 1, 1993; No. 1, 1996

 

R. 82........................................

am. No. 1, 1993

 

R. 87........................................

am. No. 1, 1993

 

R. 89........................................

am. No. 1, 1996

 

R. 91........................................

am. No. 1, 1993; No. 1, 1996; No. 1, 1999; Nos. 3 and 6, 2002

 

R. 92........................................

am. No. 1, 1992; No. 1, 1993; No. 4, 1994

 

 

rep. No. 1, 1996

 

 

ad. No. 3, 2002

 

R. 93........................................

am. No. 1, 1993

 

 

rep. No. 1, 1996

 

 

ad. No. 3, 2002

 

R. 94........................................

am. No. 1, 1992; No. 1, 1993

 

 

rs. No. 1, 1996

 

Rr. 96A, 96B...........................

ad. No. 1, 1995

 

R. 97........................................

rs. No. 3, 2002

 

R. 98........................................

am. No. 1, 1993; No. 3, 2002

 

Note to r. 98 (5).....................

ad. No. 3, 2002

 

R. 98A.....................................

ad. No. 3, 2002

 

R. 101.....................................

am. No. 1, 1992

 

R. 103.....................................

am. No. 1, 1992

 

R. 105.....................................

am. No. 3, 2002

 

R. 106.....................................

am. No. 1, 1999; No. 3, 2002

 

R. 107.....................................

rs. No. 3, 2002

 

R. 108.....................................

rep. No. 3, 2002

 

Rr. 109‑112............................

rs. No. 3, 2002

 

Rr. 113, 114...........................

am. No. 3, 2002

 

R. 115.....................................

rs. No. 3, 2002

 

Rr. 116, 117...........................

am. No. 3, 2002

 

R. 118.....................................

rs. No. 3, 2002

 

R. 119.....................................

am. No. 3, 2002

 

Rr. 120, 121...........................

rs. No. 3, 2002

 

Rr. 122, 123...........................

am. No. 3, 2002

 

Rr. 124‑126............................

rs. No. 3, 2002

 

R. 127.....................................

am. No. 3, 2002

 

R. 128.....................................

am. No. 1, 1992; No. 3, 2002

 

R. 129.....................................

rep. No. 3, 2002

 

R. 130.....................................

am. No. 1, 1993; No. 4, 1994

 

R. 131.....................................

am. No. 1, 1993

 

R. 135.....................................

am. No. 1, 1992; No. 1, 1993; No. 1, 1996; No. 1, 1999

 

R. 136.....................................

am. No. 1, 1992; No. 1, 1993; No. 1, 1996; No. 1, 1999

 

R. 138.....................................

am. No. 1, 1993; No. 1, 1996; No. 1, 1999

 

Part 8.......................................
(rr. 140–169)

ad. No. 1, 2002

 

Rr. 140–147...........................

ad. No. 1, 2002

 

R. 148.....................................

ad. No. 1, 2002

 

 

rs. No. 3, 2002

 

 

am. No. 4, 2002

 

R. 149.....................................

ad. No. 1, 2002

 

 

am. Nos. 2 and 6, 2002

 

R. 150.....................................

ad. No. 1, 2002

 

 

am. No. 6, 2002

 

R. 151.....................................

ad. No. 1, 2002

 

 

am. Nos. 2 and 6, 2002

 

Rr. 152–159...........................

ad. No. 1, 2002

 

R. 160.....................................

ad. No. 1, 2002

 

 

am. No. 6, 2002

 

R. 161.....................................

ad. No. 1, 2002

 

 

am. Nos. 3, 5 and 6, 2002

 

Rr. 162–169...........................

ad. No. 1, 2002

 

Div. 7 of Part 8.......................
(r. 170)

ad. No. 6, 2002

 

R. 170.....................................

ad. No. 6, 2002

 

Schedule 1.............................

ad. No. 1, 1993

 

 

am. Nos. 2 and 3, 1995

 

 

rs. No. 1, 1996; Act No. 35, 1996; No. 2, 1998; No. 1, 1999

 

 

am. No. 1, 2001

 

 

rs. No. 6, 2002

 

Schedule 2 (first occurring)

ad. No. 6, 2002

 

Schedule 2 ............................
(second occurring)

ad. No. 1, 1993

 

Table A                  Application, saving or transitional provisions

Regional Council Election Amendment Rules (No. 2) 1998

7              Application

7.1           The amendments made by these rules:

                (a)    have effect for the purposes of the first round of Regional Council elections held after the date of commencement of these rules; and

               (b)    take effect, for all other purposes, at the end of the election period in relation to the first round of Regional Council elections held after that date.