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Commonwealth of Australia

Aboriginal and Torres Strait Islander Commission Act 1989

Torres Strait Regional Authority Election Rules

I, JOHN JOSEPH HERRON, Minister for Aboriginal and Torres Strait Islander

Affairs, make the following Rules under section 143G of the Aboriginal and

Torres Strait Islander Commission Act 1989.

Dated 18 December 1996

John Herron

Minister for Aboriginal and Torres Strait Islander Affairs

______________

PART 1—PRELIMINARY

Citation

1. These Rules may be cited as the Torres Strait Regional Authority Election Rules.

[NOTE: These Rules commence on gazettal: see Acts Interpretation Act 1901, ss. 46A and 48.]

Interpretation

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

“approved” means approved by the Electoral Commissioner by notice published in the Gazette;

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

(a) a State; or

(b) the Australian Capital Territory; or

“Authority” means the Torres Strait Regional Authority established by section 142 of the Act;

“Chairperson” means the Chairperson of the Authority;

“compartment”, in relation to a polling booth, means a compartment constructed in the polling booth in accordance with rule 54;

“courier service” means a service approved by the Electoral Commissioner 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;

“day of nomination” has the meaning given by rule 13;

“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 a member of the Authority for an electorate;

“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;

“electorate” means:

(a) the Thursday Island (Port Kennedy) community; or

(b) Horn Island and Prince of Wales Island;

“hospital” includes a convalescent home or an institution similar to a hospital or to a convalescent home;

“hour of nomination” has the meaning given by rule 14;

“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 4;

“nomination period” means the period commencing on the fifteenth day after the publication in the Gazette of the notice by the Minister under subsection 142Y (2) of the Act and ending at the hour of nomination;

“officer” includes the Electoral Commissioner, the Deputy Electoral Commissioner, a 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;

“place of nomination” has the meaning given by rule 12;

“polling booth” means a polling booth provided under rule 51;

“polling place” means a place appointed as a polling place under section l42Z of the Act;

“postal vote” means a vote cast before polling day, by means of post;

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

“pre-poll voting officer” means a person appointed under rule 41;

“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;

“Roll” means an Electoral Roll under the Electoral Act;

“senior liaison officer” means a senior Aboriginal and Torres Strait Islander liaison officer appointed under rule 4;

“special hospital” means a special hospital declared under rule 66;

“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) 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.

(3) For the purposes of these Rules a person is enrolled in respect of an electorate if, 32 days before the day of the poll:

(a) the person’s name appears on the Roll at an address located in the electorate; 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 the part of that Subdivision is in the electorate; 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 electorate.

(4) A reference in these Rules to a senior liaison officer is a reference to the person appointed by the Returning Officer to be the senior liaison officer for that election.

(5) 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.

(6) A reference in these Rules to the Returning Officer is a reference to the person appointed by the Electoral Commissioner to be the Returning Officer for the Torres Strait area, and includes a reference to an Assistant Returning Officer appointed by the Electoral Commissioner for the Torres Strait area.

Electoral Commissioner may give directions

3. 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.

Aboriginal and Torres Strait Islander liaison officers

4. (1) Before polling commences in an election, the Returning Officer in consultation with the Authority must appoint:

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

(b) a person (not being a liaison officer) to be the senior Aboriginal and Torres Strait Islander liaison officer.

(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

(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 Authority or the Commission.

Liaison officer to be present during polling

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

(a) a polling booth; or

(b) a special hospital; or

(d) a mobile polling station.

PART 2—NOMINATIONS

Qualifications of person nominated

6. (1) No person is capable of being elected as a member of the Authority unless duly nominated.

(2) To entitle a person to be nominated as a member of the Authority, he or she must have the qualifications specified in section 142V of the Act.

Manner of nomination

7. (1) A nomination must:

(a) be in the approved form; and

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

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

(2) 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 electorate; and

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

(3) 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.

(4) For the purposes of subrule (3), a commonly accepted variation of the candidate’s enrolled given name may be used if approved by the Returning Officer.

To whom nominations made

8. A nomination of a person for election as the member of the Authority for an electorate must be made to the Returning Officer.

Requirements for nomination

9. 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 under section 142V of the Act to stand for election; 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

(b) the nomination paper, or a copy received by facsimile transmission,

is received by the Returning Officer within the nomination period.

Form of consent to act

10. The consent of the person nominated to act if elected and the declaration referred to in subparagraph 9 (a) (ii) is sufficient if he or she signs the form of consent and declaration at the foot of the nomination paper, but the 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.

Rejection of nomination

11. (1) Subject to subrule (2), a nomination must be rejected by the officer to whom it is made if, and only if, the provisions of rules 7, 8, 9 and 10 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 7, 8, 9 and 10 have been substantially complied with.

Place of nomination

12. The place of nomination is the office of the Returning Officer.

Day of nomination

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

Hour of nomination

14. The hour of nomination is 5 p.m. on the day of nomination.

Declaration of nominations

15. The Returning Officer must, within 24 hours of the hour of nomination and as nearly as possible at the same time of day as the hour of nomination, attend at the place of nomination, and must there publicly produce all nomination papers received by him or her, and declare the names and residences of all candidates nominated.

Withdrawal of consent to nomination

16. 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 Returning Officer a notice of withdrawal, and thereupon the nomination is cancelled.

Where poll to be held

17. Where, under subsection 143A (2) of the Act, a poll is to be held, the proceedings in the election are, subject to the provisions of these Rules relating to voting before polling day, adjourned to polling day.

Death of candidate after nomination

18. If, after the nominations for an election have been declared and before polling day any candidate dies and only one candidate remains, that candidate must forthwith be declared to be elected.

Failure of election

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

PART 3—CONDUCT OF THE ELECTION

Division 1—General

Persons not to vote more than once

20. An elector is not entitled to vote:

(a) more than once at any election; or

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

Photographs of candidates

21. (1) Where a candidate provides a photograph of himself or herself to the Returning Officer within 7 days after the day of nomination, the Returning Officer must:

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

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

(2) The photograph provided under subrule (1) must:

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

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

Undertaking by officers and scrutineers

22. (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.

Ballot-boxes to be securely fastened

23. Each ba1lot-box must be capable of being securely fastened.

Official mark

24. 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

Grounds for applying for postal vote

25. An elector may apply to the Returning Officer for a postal vote on a ground set out in the Schedule.

Application for postal vote

26. (1) 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

(2) An application must not be made until after the publication in the Gazette of a notice under subsection 142Y (2) of the Act in relation to the election.

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

(a) an application; or

(b) a declaration relating to an application.

Penalty: 10 penalty units.

(4) 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: 10 penalty units.

Duty of an authorised witness

27. (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

(i) from personal knowledge; or

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

Penalty: 10 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.

Issue of certificate and ba1lot-papers

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

(a) allocate a number to the application; and

(b) record the same number on the postal vote certificate issued to the applicant; and

(i) a postal vote certificate attached to an envelope addressed to the Returning Officer; and

(ii) a postal ballot-paper.

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

(3) Before posting a postal vote certificate and postal ballot- paper, the Returning Officer must initial, in writing, the back of the ballot-paper.

Inspection of applications

29. (1) If the Returning Officer issues a postal vote certificate and postal ballot-paper, the Returning Officer must write the date of issue on the application to which they relate.

(2) Subject to subrule (3), all applications for postal votes received by the 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 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.

Form of postal vote certificate

30. A postal vote certificate and postal ballot-paper must be in the approved form.

Postal voting

31. (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 vote certificate and unmarked postal ballot-paper to an authorised witness;

(b) the elector must sign the postal vote certificate in the presence of the authorised witness;

(i) sign the certificate 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 Returning Officer and seal the envelope;

(e) the elector must have the postal vote certificate certified by:

(i) an Aboriginal person or a Torres Strait Islander who is an office-bearer of an Aboriginal or Torres Strait Islander Corporation; or

(ii) a member of the staff of the Authority or the Commission;

to the effect that the elector is an Aboriginal person or a Torres Strait Islander;

(f) subject to subrule (5), the elector must post or deliver the postal vote certificate and envelope to the Returning Officer.

(2) A person who is a candidate at an election must not certify a postal vote certificate under paragraph (1) (e).

(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 vote certificate 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 Returning Officer within 6 days after polling day; or

(b) if delivered to the 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 the purpose of subrule (5), the elector may, before the close of the poll, post or deliver the envelope and postal vote certificate to:

(a) a pre-poll voting officer; or

(b) a presiding officer.

(7) A pre-poll voting officer or a presiding officer to whom an envelope and postal vote certificate are posted, delivered or handed under subrules (5) and (6) must deal with the envelope, postal vote certificate and ballot-paper in accordance with rule 33.

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

Unauthorised interference

32. 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: 10 penalty units

Procedure for dealing with postal vote certificates etc.

33. If a pre-poll voting officer or a presiding officer receives an envelope and a postal vote certificate, he or she must:

(a) endorse on the envelope:

(i) “Received by me”; and

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

(b) sign the endorsement and add the words “Pre-poll Voting Officer” or “Presiding Officer”, as the case may be; and

(i) the name of the voter; and

(ii) the name of the electorate to which the postal vote certificate appears to relate; and

(d) until dealing with the envelope and certificate in accordance with paragraph (e), keep the envelope and certificate in a ballot-box; and

(e) send:

(i) the envelope and certificate; and

(ii) the record;

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

Opening postal ballot-papers

34. 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 Returning Officer; or

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

Penalty: 10 penalty units.

Failure to post or deliver postal vote application or ballot-paper

35. 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

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

Penalty: 10 penalty units.

Inducing elector to hand over marked ballot-paper

36. 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: 10 penalty units.

Preliminary scrutiny of postal votes

37. (1) After the close of a poll, the Returning Officer must conduct as many preliminary scrutinies as he or she considers appropriate until:

(a) all applications for postal vote certificates 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 pre-poll voting officer or presiding officer have been dealt with in accordance with this rule.

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

(a) all applications for postal vote certificates and postal ballot-papers; and

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

that he or she has received.

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

(a) all applications for postal vote certificates and postal ballot-papers; and

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

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

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

(a) compare the signature of the elector on each postal vote certificate with the signature of the elector on the application for the certificate, 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 electorate to which the vote relates; and

(ii) the signature on the certificate is that of the elector who signed the application for the certificate; 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 certificate has been certified under paragraph 31 (1) (e); and

(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 electorate and the date; and

(d) separate the postal vote certificate from each envelope accepted for further scrutiny, placing the envelopes in one parcel and postal vote certificates in another and then:

(i) seal the parcel of postal vote certificates and endorse on the parcel a description of contents, the name of the electorate to which the vote relates and the date; and

(ii) extract the ballot-paper from inside each envelope separated from the postal vote certificate, without further examining the envelope or permitting anyone else to do so; and

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

(iv) place all those 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 electorate and the date.

(5) For the purpose of subparagraph (4) (b) (i), an elector who appears not to be enrolled in respect of the electorate is taken to be so enrolled if the 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 electorate and was not so enrolled because of an error or mistake by an officer.

(6) When the Returning Officer proposes to conduct a preliminary scrutiny, he or she must:

(a) before 4.00 p.m. on the day before the day on which the scrutiny is to be conducted, 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.

Mistakes

38. (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, the Returning Officer must not reject a vote solely because of a spelling mistake.

Correction of formal errors

39. An officer who receives:

(a) an application for a postal vote; or

(b) a postal vote certificate;

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

Division 3—Pre-poll voting

Grounds for applying for pre-poll vote

40. An elector may apply for a pre-poll vote on a ground set out in the Schedule.

Pre-poll voting officers

41. The Returning Officer may appoint a person to be a pre-poll voting officer for the purposes of these Rules.

Applying for a pre-poll vote

42. (1) Application for a pre-poll vote may be made to:

(a) the 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 electorate 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 electorate.

Place and time for applying

43. (1) An application to the 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 Commissioner 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 Commissioner by notice published in the Gazette.

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

Pre-poll voting

44. (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 vote certificate attached to an envelope; and

(b) a ballot-paper.

(2) Before issuing the ballot-paper, the issuing officer must initial, in writing, the back 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 vote certificate in the presence of the issuing officer;

(b) the issuing officer must sign the pre-poll vote certificate as witness and write on the certificate 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 vote certificate; and

(ii) seal the envelope;

(e) the elector must have the pre-poll vote certificate certified by:

(i) an Aboriginal person or a Torres Strait Islander who is an office-bearer of an Aboriginal or Torres Strait Islander Corporation; or

(ii) a member of the staff of the Authority or the Commission;

to the effect that the elector is an Aboriginal person or a Torres Strait Islander;

(f) the elector must give the envelope and certificate to the issuing officer who must:

(i) separate the certificate from the envelope containing the ballot-paper and place the envelope in a ballot-box; and

(ii) place the certificate in a folder provided for the purposes of retaining a record of pre-poll voters;

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

(i) if the issuing officer is not the Returning Officer—forward the certificates and envelopes to the Returning Officer according to his or her directions; or

(ii) if the issuing officer is the Returning Officer—deal with the certificates and envelopes in accordance with Part 4;

(h) certificates received by the 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 certificate available for inspection, the Returning Officer must remove from the certificate the address of any person whose address has been excluded from the Roll under section 104 of the Electoral Act.

(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 certificate to the voter;

(b) fill in the pre-poll vote certificate with the necessary particulars;

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

(e) have the certificate certified in accordance with paragraph (3) (e).

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

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

(a) to remove the certificate or ballot-paper from the office of the officer who issued it; or

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

Form of pre-poll vote certificate

45. A pre-poll vote certificate must be in the approved form.

Record of issue of pre-poll voting papers

46. The issuing officer must:

(a) record on the pre-poll vote certificate:

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

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

(iii) the electorate 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 certificate.

Opening of pre-poll voting envelope

47. A person other than:

(a) the Returning Officer; or

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

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

Penalty: 10 penalty units.

Obligations of persons present when pre-poll vote is cast

48. A person who is present when an elector signs a pre-poll vote certificate 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

Penalty: 10 penalty units.

Mistakes

49. (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, the Returning Officer must not reject a vote solely because of a spelling mistake.

Correction of formal errors

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

Division 4—The Poll

Arrangements for polling

51. (1) If the proceedings on the day of nomination stand adjourned to polling day, the 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 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 to presiding officer or liaison officer and the person so appointed or acting is to be deemed to have been duly appointed if the 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 may 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.

Substitute

52. 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.

Use of licensed premises as polling booth

53. 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.

Separate voting compartments

54. 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.

Ballot-boxes

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

Ballot-papers

56. (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.

Printing of ballot-papers

57. 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 Returning Officer in accordance with rule 58; 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

Determination of order on ballot-papers

58. Where under rule 57 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 close 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.

Ballot-papers to be initialled

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

Scrutineers at the polling

60. (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 Returning Officer or presiding officer and such notice must be signed by the candidate and must give the name and address of the scrutineer.

Provisions relating to scrutineers

61. (1) A scrutineer must not:

(a) interfere with or attempt 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 and, during his or her absence, a relieving scrutineer may act in his or her place but so that only one scrutineer for each candidate is entitled to be present in the polling booth or at an issuing point at the polling booth at any one time.

(3) A scrutineer who commits any breach of this rule, or who misconducts himself or herself, or who fails to obey the lawful directions of the presiding officer, may be removed from the polling booth by any member of the Australian Federal Police or of the police force of a State or Territory or person authorised by the presiding officer to remove him or her.

Persons present at polling

62. No candidate is in any way to take part in the conduct of an election, and no person other than the presiding officer, assistant presiding officers, poll clerks, liaison officers and scrutineers, and the electors voting and about to vote, is to be permitted to enter or remain in the polling booth during the polling except by permission of the presiding officer.

Polling

63. (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.

Where electors may vote

64. (1) On polling day an elector is entitled to vote at any polling place for the electorate 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.

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

Interpretation

65. In rules 66 and 67, “patient”, in relation to a hospital, does not include a person attending the hospital as an out-patient.

Mobile booths—hospitals

66. (1) The Electoral Commissioner 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 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 subrule (6) and rule 67, 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

(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 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.

(5) 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.

(6) 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 Returning Officer in relation to the special hospital.

(7) 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.

(8) Paragraph 63 (1) (a) does not apply to an electoral visitor after the first visit made by him or her for the purposes of this rule.

(9) At the end of the last visit made by an electoral visitor for the purposes of 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 the purposes of this rule and, as soon as practicable, forward it, together with the voter cards corresponding to the envelopes contained in those ballot-boxes, for the purposes of scrutiny to the Returning Officer.

Provisions related to rule 66

67. (1) Notwithstanding any arrangement in force under rule 66, 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 66 applies, and any literature so supplied must be made available on request to patients entitled to vote under that rule.

(3) An electoral visitor who visits a hospital under rule 66 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.

(4) So far as is practicable, a vote under rule 66 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 66 (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 62, doing so by permission of the presiding officer there present; and

(b) paragraph 75 (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

(5) Subrule 135 (1) applies in relation to a special hospital within the meaning of rule 66 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 142Y (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.

(6) Where a voter has voted under rule 66 in an election, any postal ballot-paper received by the 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.

(7) Where an arrangement is in force under rule 66, the 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 66.

(8) As far as is reasonably practicable, votes taken under rule 66 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.

Mobile booths—prisons

68. (1) The Electoral Commissioner 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) The 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

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 and, without delay, forward it, together with the voter cards corresponding to the envelopes contained in those ballot-boxes, to the 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.

Mobile booths

69. (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) The 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) The 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 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

(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 66) of these Rules (including such of those other provisions as relate to absent voting); and

(e) rule 135 applies as if the reference to polling day were a reference to the time of the visit.

(10) Paragraph 63 (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 the purposes of 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 the purposes of this rule and, with the least possible delay, forward it, together with the voter cards corresponding to the envelopes contained in those ballot-boxes, for the purposes of scrutiny to the Returning Officer.

(12) Where a voter has voted under this rule in an election, any postal ballot-paper received by the 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.

Forwarding of votes

70. (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 Returning Officer; and

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

(2) The 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 74 and subrules 66 (9), 68 (7) and 69 (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 66 (9), 68 (7) and 69 (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 (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) The Returning Officer must:

(a) maintain a locked and sealed ballot-box for each electorate labelled so as to identify it as a ballot-box containing absent votes, postal votes and pre-poll votes; and

(b) 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 the electorates, being, in the case of envelopes purporting to contain postal ballot-papers, envelopes:

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

(ii) received from a pre-poll voting officer or a presiding officer where the envelope bearing the certificate bears evidence that it was received by the pre-poll voting officer or presiding officer prior to the close of the poll.

(4) Before placing in the ballot-box maintained under subrule (3) an envelope purporting to contain a postal ballot-paper and delivered to the Returning Officer which is received after the close of the poll and which does not bear evidence sufficient to satisfy the Returning Officer that the vote contained in the envelope was recorded before the close of the poll, the Returning Officer must endorse on the envelope the date of its receipt and initial the endorsement.

Questions to ask voter

71. (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 electorate 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.

Completion of voter card

72. (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

(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 electorate in respect of which the voter claims to be enrolled.

Objection by scrutineer

73. 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.

Voter record

74. (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 electorate in respect of which the voter declares under rule 64 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 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 electorate in respect of which the elector declares under subrule 64 (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 Returning Officer.

Voting procedure

75. Except as otherwise provided 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

(d) seal the voter card envelope; and

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

Function of liaison officers

76. (1) The liaison officer must decide whether, on the balance of probability, the voter who has presented him or her with their voter card envelope under paragraph 75 (e) is an Aboriginal person or a Torres Strait Islander.

(2) For the purposes of subrule (1), the liaison officer may ask each person who has presented him or her with their voter card envelope such questions as the liaison officer considers necessary to establish that the person is an Aboriginal person or a Torres Strait Islander.

(3) Where a liaison officer decides that a person who has presented him or her with their voter card envelope is not an Aboriginal person or a Torres Strait Islander the liaison officer must record the details in the Record of Liaison Officer’s Objections and sign the record.

(4) The liaison officer must then hand the envelope back to the voter who must deposit the envelope in the ballot box.

(5) Where the liaison officer records details under subrule (3), the liaison officer must advise the voter:

(a) that the voter may seek a review of the liaison officer’s decision by the senior liaison officer; and

(b) of the procedures by which the review process can be instigated; and

(c) that the voter’s ballot-paper will not be admitted to the scrutiny unless the senior liaison officer decides that the voter is an Aboriginal person or a Torres Strait Islander.

Review by senior liaison officer

77. (1) If details have been recorded under subrule 76 (3), the voter affected may request a review of the decision by the senior liaison officer.

(2) A request under subrule (1) must:

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

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

(3) If a presiding officer has assisted or has permitted a person to be assisted in voting under rule 79, the presiding officer must assist the person in complying with subrule (2).

(4) Where a person requests a review under subrule (1), the person may, within 7 days after the request is given under subrule (2), provide further information to the senior liaison officer to support his or her claim to be an Aboriginal person or a Torres Strait Islander.

(5) On receiving:

(a) the request under subrule (1); and

(b) the further information (if any) provided by a person under subrule (4);

the senior liaison officer must review the person’s claim to be an Aboriginal person or a Torres Strait Islander and decide whether, on the balance of probabilities, the person is an Aboriginal person or a Torres Strait Islander.

(6) The senior liaison officer must, in writing, advise the person of his or her decision under subrule (5).

(7) Subject to subrule (8), the senior liaison officer must, as soon as practicable, advise the Returning Officer of his or her decision in relation to each request for review.

(8) The review by the senior liaison officer under subrule (5) must be completed not later than 8 days after the close of the poll.

Elector to quit booth

78. The elector must quit the 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 subrule 76 (3) in respect of the elector, and the elector wishes to request a review of the decision to which the record relates—the elector has completed his or her request for review under subrule 77 (1).

Assisting certain voters

79. (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

(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 75 (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 64 (1) with the required particulars as requested by the voter; and

(b) read the declaration to the voter; and

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

Spoilt ballot-papers

80. (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

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

Marking of votes

81. (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 more than 1 candidate remains, 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.

Adjournment of polling

82. 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.

Adjournment in other cases

83. 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.

Voting at adjourned polling

84. 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.

When elections held in some electorates only

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

PART 4—THE SCRUTINY

Scrutiny

86. The result of the polling must be ascertained by scrutiny.

Scrutineers

87. (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.

Conduct of scrutiny

88. 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 87, and any persons approved by the officer conducting the scrutiny, may be present;

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

Scrutiny of votes

89. (1) The scrutiny must, subject to:

(a) rule 37; 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 Returning Officer; or

(b) if the 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 Returning Officer.

(3) The officer conducting the scrutiny in relation to an electorate must:

(a) open all parcels or ballot-boxes in which voter cards and voter card envelopes for the electorate 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 79, 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 electorate 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 in relation to which a request for review of the liaison officer’s decision has been made 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 in relation to which no request for review of the liaison officer’s decision has been made and seal the parcel and endorse on the parcel a description of the contents, the name of the electorate 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 72 (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 Returning Officer certifies that the name of the elector appears on a record of voters made by a presiding officer under subrule 74 (3).

(5) On receiving advice from the senior liaison officer under subrule 77 (7) in relation to the eligibility of voters whose voter cards and voter card envelopes are held in the parcel referred to in paragraph (3) (d), the officer conducting the scrutiny must:

(a) in relation to the voter card and voter card envelope of a voter whom the senior liaison officer is satisfied is an Aboriginal person or a Torres Strait Islander:

(i) take the liaison officer’s objection to be cancelled; and

(ii) place the voter card and voter card envelope 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 electorate 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 electorate, 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 electorate 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 electorate 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 electorate, seal the parcel and endorse on the parcel a description of the contents, the name of the electorate and the date.

(7) Where an officer conducting the scrutiny in relation to an electorate (in this subrule referred to as “the relevant electorate”) 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 electorate; and

(b) is satisfied that, if the voter were enrolled in respect of the relevant electorate, 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 electorate and was not so enrolled by reason of an error or mistake by an officer;

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

(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 electorate have been received.

(9) Subject to subrule (10), all ballot-papers for the electorate 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 143D (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 electorate 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 81 (1) on which a first preference is indicated for that candidate; and

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

Scrutiny of postal and pre-poll ballot-papers

90. Subject to rule 37 the scrutiny of postal and pre-poll ballot-papers must be conducted as nearly as practicable in the manner provided in rule 89.

Action on objections to ballot-papers

91. (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.

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

92. 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: 10 penalty units.

Counting of votes

93. (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.

Exhaustion of ballot paper

94. 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.

Recount at elections

95. At any time before the declaration of the result of an election the Electoral Commissioner may, if he or she thinks fit, on the written request of any candidate setting forth the reasons for the request, or of his or her own motion, direct or conduct a recount of the ballot-papers contained in any parcel or in any other category determined by the Electoral Commissioner.

Recount

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

(2) The 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 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 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 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 stating the number of ballot-papers contained in it, the name of the electorate, and the date.

(6) The Returning Officer must then place the parcel in a fastened and sealed outer cover fully addressed to the Electoral Commissioner and at once transmit the parcel to the Electoral Commissioner by hand, registered post or courier service.

(7) 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 scrutinise 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.

(8) 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 on it:

(a) the number of ballot-papers contained therein:

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

and request the persons in whose presence he or she scrutinised 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 at once return by hand, registered post or courier service to the Returning Officer.

(9) The Electoral Commissioner must advise the Returning Officer, in writing, of the number of ballot-papers admitted or rejected by him or her, and the Electoral Commissioner’s decision must be accepted by the Returning Officer in completing his or her recount of the ballot-papers.

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

Powers of officer conducting recount

97. 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.

Reservation of disputed ballot-papers

98. (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

Declaration of Poll

99. The 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 name of the candidate elected; and

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

(c) make out a statement setting out the result of the election and the name of the candidate elected and transmit the statement to the Electoral Commissioner.

Correction of errors

100. 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.

Extension of time

101. (1) Subject to section 142Y of the Act 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, extend the time for holding the election, or for holding the election in a specified electorate or part of an electorate, or meeting any difficulty which might otherwise interfere with the due course of the election.

(2) If the Minister extends the time for an election under subrule (1), the Electoral Commissioner may, by notice in writing, fix a date or dates for polling.

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

PART 6—ELECTORAL OFFENCES

Interpretation

102. 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 142Y (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.

Officers and scrutineers to observe secrecy

103. 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.

Bribery

104. (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; or

(b) any candidature of 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, in order to influence or affect:

(a) any vote of another person; or

(b) any candidature of 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.

Interference with political liberty

105. A person must not hinder or interfere with the free exercise or performance, by any other person, of any political right or duty that is relevant to an election under these Rules.

Penalty: 10 penalty units.

Officers not to contravene Rules etc.

106. An officer must not contravene:

(a) a provision of these Rules for which no other penalty is provided; or

(b) a direction given to him or her under these Rules.

Penalty 10 penalty units.

Officers not to influence vote

107. An officer must not do any act or thing for the purpose of influencing the vote of another person.

Penalty: 10 penalty units.

Printing and publication of electoral advertisements, notices etc.

108. (1) A person must not print, publish or distribute or cause, permit 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 thereof; and

(b) in the case of 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 thereof.

Penalty: 10 penalty units.

(2) Subrule (1) does not apply in relation to a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon.

(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.

Misleading or deceptive publications etc.

109. (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, any matter or thing 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 cause, permit 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.

(4) In this rule, “publish” includes publish by radio or television.

False statements in relation to enrolment

110. A person must not, on polling day, make a statement to a voter, either orally or in writing, with respect to the enrolment of the voter that, to the knowledge of the first-mentioned person, is false or misleading in a material respect.

Penalty: 10 penalty units.

Heading to electoral advertisements

111. 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:

(a) if the offender is a natural person—5 penalty units; or

(b) if the offender is a body corporate—10 penalty units.

Authors of reports etc. to be identified

112. (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:

(a) if the offender is a natural person—5 penalty units; or

(b) if the offender is a body corporate—l0 penalty units.

(2) This rule does not apply to the publication in 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.

Cards in polling booth

113. (1) A person must not, except for the purposes of rule 62, wilfully exhibit or leave in any polling booth any card or paper having thereon any 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 any official instructions exhibited by proper authority at any polling booth.

Signature to electoral paper

114. (1) Every electoral paper which under these Rules has to be signed by any person must 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.

Witnessing electoral papers

115. (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, “electoral paper” includes any approved form.

False certification

116. (1) A person must not certify that an elector is:

(a) an Aboriginal person; or

(b) a Torres Strait Islander;

when, to the knowledge of that person the certification is false.

Penalty: 10 penalty units.

(2) A person must not induce or attempt to induce another person to make a false certification that an elector is:

(a) an Aboriginal person: or

(b) a Torres Strait Islander.

Penalty: 10 penalty units.

Unlawfully marking ballot-papers

117. 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.

Other offences relating to ballot-papers etc.

118. (1) A person must not:

(a) personate any person for the purpose of securing a ballot-paper to which the personator is not entitled; or

(b) personate any person for the purpose of voting; or

(d) fraudulently put any ballot-paper or other paper into the ballot-box;

(e) fraudulently take any ballot-paper out of any polling booth or counting centre; or

(f) forge any nomination paper or ballot-paper or utter any nomination paper or ballot-paper knowing it to be forged; or

(g) supply ballot-papers without authority; or

(h) unlawfully destroy, take, open or otherwise interfere with ballot-boxes or ballot-papers; or

(j) wilfully vote more than once at the same election: or

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

Penalty: 10 penalty units.

(2) A person must not wilfully deface, mutilate, destroy or remove any notice, list or other document affixed by any Returning Officer or by his or her authority.

Penalty: 5 penalty units.

Prohibition of canvassing near polling booths

119. (1) A person must not do any of the following acts, on polling day, and on all days to which the polling is adjourned, 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, namely:

(a) canvassing for votes; or

(b) soliciting the vote of any voter; or

(d) inducing any voter not to vote at the election; or

(e) exhibiting any notice or sign (other than an official notice) relating to the election.

Penalty: 5 penalty units.

(2) For the purposes of subrule (1), where:

(a) a building used as a polling booth is situated in grounds within an enclosure; and

(b) the appropriate Returning Officer causes to be displayed throughout the hours of polling at each entrance to those grounds a notice signed by him or her stating that those grounds are, for the purposes of subrule (1), part of the polling booth;

those grounds are deemed to be part of the polling booth.

Badges or emblems in polling booths

120. An officer or scrutineer must not wear or display in a polling booth on polling day any badge or emblem of a candidate or political party.

Penalty: 10 penalty units.

Forging or uttering electoral papers

121. (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 term “electoral paper” includes any approved form.

Protection of the official mark

122. (1) A person must not, without lawful authority, proof whereof lies upon him or her:

(a) make any official mark on or in any paper; or

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

Penalty: 10 penalty units.

(2) A person who, without lawful authority, proof whereof lies upon him or her, makes on or in any ballot-paper, or on or in any paper purporting to be a ballot-paper, an official mark, is to be deemed to have a forged ballot-paper, and is to be punishable accordingly.

(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) is to be forfeited to the Commonwealth, and may without warrant be seized by a member of the Australian Federal Police or a member of the police force of a State or Territory and destroyed or dealt with as determined by the Electoral Commissioner.

(4) In this rule, “official mark” means any approved mark placed or made on or in any electoral paper, and includes any mark so nearly resembling an official mark as to be likely to deceive.

Offender may be removed from polling booth

123. (1) A person must not in any polling booth on polling day misconduct himself or herself, or fail to obey the lawful directions of the presiding officer.

Penalty: 5 penalty units.

(2) A person who is believed to have committed an offence against subrule (1) may be removed from the polling booth by any member of the Australian Federal Police or of the police force of a State or Territory or by any person authorised by the presiding officer.

Unlawful re-entry of polling booth

124. A person who has been lawfully removed from a polling booth, under rule 123 or subrule 61 (3), must not re-enter the polling booth without the permission of the presiding officer.

Penalty 10 penalty units.

Defamation of candidate

125. (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.

Publication of matter regarding candidates

126. A person must not, in any matter announced or published by the person, or caused by him or her to be announced or published, on behalf of any association, league, organisation or other body of persons, without the written authority of a candidate:

(a) claim or suggest that the 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 advocate or suggest that a voter should vote for the candidate.

Penalty: 10 penalty units.

PART 7—MISCELLANEOUS

Further elections

127. (1) Where an election for an electorate:

(a) is taken under rule 19 to have wholly failed; or

(b) is declared by the Court under section 140 of the Act and Schedule 4 to the Act to be absolutely void;

the Minister may determine that a further election for a member for the electorate is to be held.

(2) Where 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 Commissioner must, by notice in writing published in the Gazette, appoint by name such polling places as it considers necessary for each electorate in respect of which a further election is to be held.

(4) Where a further election is to be held, that election must be conducted in accordance with these Rules.

Advice to electors not entitled to vote in respect of an electorate

128. Where the Returning Officer decides that a person who has cast a vote in relation to an electorate is not an elector enrolled in respect of that electorate, the Returning Officer must notify the person in writing of his or her decision as soon as practicable.

Extension of time for acts by officers

129. Where:

(a) an officer is required by a provision of the Act or these Rules to do an act at a particular time or within a particular period; and

(b) the officer refuses or fails to do the act at the time, or within the period, required by that provision;

the Electoral Commissioner may determine that the act may be done within such further time, not exceeding 48 hours, as the Electoral Commissioner fixes.

Proof of posting

130. Where these Rules provide for electoral papers to be transmitted to a voter, evidence that the electoral papers were properly addressed to the voter and posted is taken, in the absence of proof to the contrary, as evidence that the papers were 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.

Preservation of ba1lot-papers

131. (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) destruction is authorised by the Electoral Commissioner.

(2) A voter card, postal vote certificate or pre-poll vote certificate 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 by the Electoral Commissioner.

(3) All ballot-papers, voter cards and certificates 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.

Responsibility for preservation of documents

132. (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 electorate;

(d) postal vote certificates.

(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).

Authorised official inquiry

133. (1) The Returning Officer may, if authorised by the Electoral Commissioner, open a parcel referred to in rule 132 and remove material from the parcel.

(2) Any material that has, under this rule, been taken out of a sealed parcel, may be retained by the 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 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 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.

Collection of statistical information

134. All ballot-papers, voter cards, pre-poll voting certificates, postal vote certificates 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.

Delegation

135. Where under these Rules a power or function is conferred on the Electoral Commissioner, the Electoral Commissioner may by notice in writing delegate that power or function to the Deputy Electoral Commissioner or a member of the staff of the Electoral Commission.

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SCHEDULE Rules 25 and 40

GROUNDS ON WHICH TO APPLY FOR POSTAL

OR PRE-POLL VOTE

1. Throughout the hours of polling on polling day, the elector will not be in the electorate 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 electorate 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 electorate 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 66).

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

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 66.

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 68) will be:

SCHEDULE-continued

(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.

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NOTE

Notified in the Commonwealth of Australia Gazette on 19 December 1996.