Part I Preliminary
1 Name
of Regulations [see Note
1]
These Regulations are the Electoral and
Referendum Regulations 1940.
3 Repeal
The Electoral and Referendum Regulations (being Statutory
Rules 1928, No. 80, as amended by Statutory Rules 1928, Nos. 107 and 117,
and 1934, No. 100) are repealed.
5 Interpretation
(1) In these Regulations, unless the contrary intention
appears:
referendum has the same meaning as in the
Referendum (Machinery Provisions) Act.
Referendum (Machinery Provisions) Act means
the Referendum (Machinery Provisions) Act 1984.
The Act means the Commonwealth Electoral
Act 1918.
(3) A reference in these Regulations to an elector or a
person qualified to be an elector of the Commonwealth shall be read as a
reference to a person whose name appears on a Roll of electors under the Act or
a person entitled to be enrolled on such a roll.
5A Prescribed
authorities
For the definition of prescribed authority
in subsection 4 (1) of the Act, the Agencies and authorities of the
Commonwealth mentioned in Schedule 1 are specified.
Part II Electoral
Division 1 Enrolment
6 Form
of Roll
(2) Where:
(a) the Roll is a joint roll prepared in
pursuance of an arrangement entered into by the Governor‑General and the
Governor of a State under subsection 84 (1) of the Act; and
(b) a person whose name is on the Roll is not
enrolled on that Roll as a Commonwealth elector;
his name shall be preceded in the Roll by a circle (o).
(3) Anything done, or any roll or other document
prepared, in accordance with, or for the purposes of, a provision of the
repealed Regulations shall, on and after the commencement of this
subregulation, be deemed, for all purposes, to have been done or prepared in accordance
with, or for the purposes of, the provision of these Regulations that
corresponds to the provision of the repealed Regulations under which, or for
the purposes of which, the thing was done or the roll or other document was
prepared.
(4) In subregulation (3), the repealed Regulations
means:
(a) the Joint Electoral (Commonwealth and New
South Wales) Regulations, being Statutory Rules 1930 No. 82;
(b) the Joint Electoral (Commonwealth and
South Australia) Regulations, comprising Statutory Rules 1921 No. 32 and
1929 No. 57;
(c) the Joint Electoral (Commonwealth and
Tasmania) Regulations, comprising Statutory Rules 1922 No. 61 and 1929 No.
78; and
(d) the Joint Electoral (Commonwealth and
Victoria) Regulations, being Statutory Rules 1930 No. 10.
7 Information
on Rolls and certified lists of voters to be provided to particular people and
organisations
(1) The organisations and persons specified in the
following table are prescribed for the provisions of subsection 90B (4) of
the Act specified in the following table:
|
Item
|
For this
provision …
|
these
organisations and persons are prescribed …
|
|
1
|
item 4 of the
table in subsection 90B (4)
|
a prescribed authority
|
|
2
|
item 5 of the
table in subsection 90B (4)
|
ACXIOM Australia Pty Limited
Betfair Pty Limited
Perceptive Communication Pty Ltd
The Global Data Company Pty. Ltd.
Veda Advantage Information Services and Solutions Limited
|
|
3
|
item 6 of the
table in subsection 90B (4)
|
Betfair Pty Limited
|
|
4
|
item 7 of the
table in subsection 90B (4)
|
ACXIOM Australia Pty Limited
Experian Asia Pacific Pty. Ltd.
Perceptive Communication Pty Ltd
The Global Data Company Pty. Ltd.
Veda Advantage Information
Services and Solutions Limited
|
(2) For item 4 of the table in
subsection 90B (4) of the Act, the provision to a prescribed authority of
the information mentioned in that item is authorised.
8 Permitted
purposes for use of information: prescribed authorities
For paragraph 91A (2AA) (b) of the Act,
the purposes mentioned in an item of Schedule 1 are permitted purposes for the prescribed
authority mentioned in the item.
8A Permitted
purposes for use of information: Australian Red Cross Blood Service
For paragraph 91A (2A) (c) of the Act,
the following purposes are prescribed for the Australian Red Cross Blood
Service:
(a) contacting any blood donor who has tested
positive for a blood‑borne infection;
(b) contacting any person who has received a
transfusion of blood donated by a person mentioned in paragraph (a);
(c) contacting any donor whose blood was
transfused to a person who has since tested positive for a blood‑borne
infection;
(d) contacting any donor whose blood was
transfused to a person who has had a suspected adverse reaction to the blood.
9 Permitted
purposes for use of information: other persons or organisations
For paragraph 91A (2A) (c) of the Act,
the following purposes are prescribed for a person or organisation that
conducts medical research or provides a health screening program:
(a) the conduct of medical research in
accordance with the Guidelines for the Protection of Privacy in the Conduct of
Medical Research:
(i) issued by the National Health and
Medical Research Council under subsection 95 (1) of the Privacy
Act 1988; and
(ii) published in the Gazette on
22 March 2000;
(b) the provision of a public health screening
program:
(i) approved by the Secretary of the
Department of Health and Aged Care; and
(ii) conducted in accordance with the
Guidelines for the Conduct of Public Health Screening Programs with particular
reference to Privacy and the Management of Personal Information:
(A) issued by the Department
of Human Services and Health; and
(B) published in the Gazette
on 1 December 1993.
11A Evidence
of Identity (paragraphs 94A (2) (e) and 95 (2) (d) of
the Act)
(1) Subject to subregulation (2), a person making an
application under section 94A or 95 of the Act must provide:
(a) his or her driver’s licence number and the
Australian State or Territory in which the licence was issued; or
(b) his or her Australian passport number.
(2) If an applicant does not hold a driver’s licence
issued by an Australian State or Territory, and does not hold an Australian
passport:
(a) the applicant must show to a person in a
class of electors set out in Schedule 2 an original document, of a kind listed
in item 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16 of Schedule 3,
that identifies the applicant; and
(b) the person must complete the declaration on
the enrolment form, stating that the person:
(i) is on the roll of electors; and
(ii) has sighted the original of one of
the documents listed in item 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or
16 of Schedule 3.
(3) If an applicant is unable to comply with
subregulation (1) or (2), the applicant must have his or her application
signed by 2 electors, who are able:
(a) to confirm the applicant’s name; and
(b) to confirm that they have known the applicant
for at least 1 month.
12 Evidence
of Identity (paragraphs 96 (2) (d), 98 (2) (d) and 99A (4) (e)
of the Act)
(1) Subject to subregulations (2) and (3), a person
making an application under section 96, and a person making a claim under
section 98 or 99A of the Act must provide details of:
(a) his or her driver’s licence number; and
(b) the Australian State or Territory in which
the licence was issued.
(2) If an applicant or claimant does not hold a
driver’s licence issued by an Australian State or Territory:
(a) the applicant or claimant must show to a
person in a class of electors set out in Schedule 2 an original document, of a
kind set out in Schedule 3, that identifies the applicant or claimant; and
(b) the person must complete the declaration on
the enrolment form, stating that the person:
(i) is on the roll of electors; and
(ii) has sighted the original of one of
the documents in Schedule 3.
(3) If a claimant under
section 98 of the Act who has also made an application under section 99B of the
Act, does not hold a driver’s licence issued by an Australian State or
Territory:
(a) the claimant must show to a person in a
class of electors set out in Schedule 2, an original document of a kind set out
in Schedule 4, that identifies the claimant; and
(b) the person must complete the declaration on
the enrolment form, stating that the person:
(i) is on the roll of electors; and
(ii) has sighted the original of one of
the documents in Schedule 4.
(4) If an applicant or claimant is unable to comply
with subregulation (1), (2) or (3), the applicant or claimant must have his or
her application or claim signed by 2 electors, who are able to:
(a) confirm the applicant’s or claimant’s name;
and
(b) confirm that they have known the applicant or
claimant for at least 1 month.
13 Prescribed
electors (subparagraph 99B (4) (b) (i) and subsection 99B
(6) of the Act, and subparagraph 38 (4) (b) (i) and subsection
38 (6) of the Referendum (Machinery Provisions) Act)
(1) The classes of electors to whom:
(a) an original of an applicant’s notification
of Australian citizenship from the Immigration Department; or
(b) a copy of an applicant’s notification of Australian
citizenship from the Immigration Department;
can be shown are set out in Schedule 2.
(2) The classes of electors who can attest that they:
(a) have sighted:
(i) an applicant’s notification of
Australian citizenship from the Immigration Department; or
(ii) a copy of an applicant’s
notification of Australian citizenship from the Immigration Department; and
(b) are satisfied
that the notification relates to the applicant;
are set out in Schedule 2.
(3) The classes of electors who can attest to a copy of
an applicant’s certificate of Australian citizenship are set out in Schedule 2.
(4) Subregulation (3) ceases to have effect on the
commencement of section 3 of the Australian Citizenship Act 2006.
13A Enrolment-related
claims or notices do not have to be signed in certain circumstances
(1) For subsection 382 (7) of the Act, the
requirements that must be satisfied are:
(a) that the person include his or her date of
birth on the claim or notice; and
(b) that the person include his or her driver’s
licence number on the claim or notice.
(2) In this regulation:
claim or notice means a claim, application,
notice, objection, request or other communication that is required or permitted
to be sent to the Electoral Commissioner under any of the following provisions:
(a) Part VII of the Act;
(b) Part VIII of the Act, other than:
(i) subsection 98 (3); and
(ii) subsection 99A (5); and
(iii) subsection 99B (3); and
(iv) subsection 104 (3);
(c) section 184A of the Act;
(d) section 249 of the Act.
Part III Electoral
and Referendum
Division 1 Conduct of Elections and Referendums
38A Nomination
forms
(1) Forms C and CA, in Schedule 1 to the Act are altered
by omitting:
“I, the candidate named above, declare
that:”
and substituting:
“I, the candidate named above, state
that:
Please tick [ Ö ]
·
I am an Australian citizen Yes [ ]
No [ ]
·
I am at least 18 years of age Yes [ ] No
[ ]
·
I am an elector or qualified to be Yes [ ] No [
]
an elector
·
I am not, by virtue of section 44 of the Yes [ ] No [ ]
Constitution,
incapable of being chosen
or of sitting as a
Senator
and I declare that:”.
(2) Forms CB and CC in Schedule 1 to the Act are altered
by omitting:
“Each of the candidates named below
declares as follows:”
and substituting
“Each of the candidates named below,
states that:
Please tick [ Ö ]
·
I am an Australian citizen Yes [ ]
No [ ]
·
I am at least 18 years of age Yes [ ] No
[ ]
·
I am an elector or qualified to be Yes [ ] No [
]
an
elector
·
I am not, by virtue of section 44 of the Yes [ ] No [ ]
Constitution, incapable of being chosen
or of sitting as a Senator
and declares as follows:”.
(3) Forms D and DA in Schedule 1 to the Act are altered
by omitting:
“I, the candidate named above, declare
that:”
and substituting:
“I, the candidate named above, state
that:
Please tick [ Ö ]
·
I am an Australian citizen Yes [ ]
No [ ]
·
I am at least 18 years of age Yes [ ] No
[ ]
·
I am an elector or qualified to be Yes [ ] No [
]
an
elector
·
I am not, by virtue of section 44 of the Yes [ ] No [ ]
Constitution, incapable of being
chosen
or of sitting as a member of the
House
of Representatives
and I declare that:”.
39 Ballot
paper — Senate
(1) Form E in Schedule 1 to the Act is altered:
(a) by omitting:
“BALLOT PAPER COMMONWEALTH·OF·AUSTRALIA
(5) Election
of 6 senators”
and substituting both the Commonwealth
Arms and:
“SENATE BALLOT PAPER
(5)
ELECTION OF (6) SENATORS”;
and
(b) by omitting “the numbers 1 to 7” and
substituting “the numbers 1 to (7)”; and
(c) by omitting
the figure “1” wherever occurring in the Form (other than in the instructions
at the left‑hand side of the Form) and the footnotes to the Form and
substituting “(1)”; and
(d) by omitting the figure “2”, “3” or “4”
wherever occurring in the Form and the footnotes to the Form and substituting
that figure in parentheses; and
(e) by omitting:
“5 Here
insert name of State or Territory”
from the footnotes to the Form and substituting:
“(5) Here
insert name of State or Territory and year of election”;
and
(f) by omitting “6” from the footnotes to the
Form and substituting “(6)”.
(2) If more than 26 groups are required to appear on a
ballot paper, Form E in Schedule 1 to the Act is altered so that columns for
the groups beyond the 26th group are headed “AA”, “AB”, and so on up to “AZ”,
then “BA”, “BB” and so on up to “BZ”, and so on up to “ZZ”, above and below the
line.
39A Ballot‑paper —
House of Representatives
(1) Form F in Schedule 1 to the Act is altered:
(a) by omitting:
“Ballot‑paper
COMMONWEALTH
OF AUSTRALIA
[State/Territory] of [here insert
name of State or Territory].”
And substituting:
“BALLOT
PAPER
HOUSE OF
REPRESENTATIVES
[here
insert name of State or Territory as appropriate ]”;
(b) by omitting:
“Election of one Member of the House of
Representatives.
Directions. — Mark your
vote on this ballot‑paper by placing the numbers [here insert ‘1
and 2’ where there are two candidates, ‘1, 2 and 3’ where there are
three candidates, ‘1, 2, 3 and 4’ where there are four candidates, and
so on as the case requires] in the squares respectively opposite the names
of the candidates so as to indicate the order of your preference for them.”;
and
substituting:
“Number the
boxes from 1 to (here insert number of candidates) in the order of your
choice”; and
(c) by omitting:
“CANDIDATES
o CRANE,
JASON.1
o WILSON,
BENJAMIN.1 [1Here insert, if appropriate,
o BROOKMAN, DANIEL.1 the
name of a registered
political
party, or the
o FRENCH, SARAH.1 word
‘Independent’]”;
o LOPEZ,
KATH.1
and substituting:
“ o 1
2 [1 Here
insert name of a candidate
o 1 2 Here
insert name of registered
2 political party or ‘Independent’
if
to be printed.]
o 1
2
o 1
2
[Here insert, in the case of a
ballot paper other than a ballot paper issued in accordance with subsection 209
(7) ‘Remember . . . number every box to make your vote count.’]”.
(2) If there are more than 30 candidates for a Division,
Form F in Schedule 1 to the Act is altered so that the names of the candidates
are set out:
(a) in vertical columns that are as nearly as
possible of equal length; and
(b) in the order
required by section 212 of the Act so that each column after the first
commences with the name of the candidate next succeeding that of the candidate
whose name appears last in the immediately preceding column.
39B Evidence
of identity (subsection 235 (1B) of the Act and subsection 37 (1B) of
the Referendum (Machinery Provisions) Act)
(1) A person who wishes to cast a provisional vote on
polling day or voting day must:
(a) at the time the provisional vote is cast,
show to an officer:
(i) the original of his or her
driver’s licence; or
(ii) an original document of a kind set
out in Schedule 3; or
(b) by close of business on the first Friday
following the polling day or voting day, show to an officer:
(i) an original or attested copy of
his or her driver’s licence; or
(ii) an original or attested copy of a
document of a kind set out in Schedule 3.
(2) A provisional vote cast in accordance with
paragraph (1) (b) is taken not to be valid unless the person shows to an
officer:
(a) an original or attested copy of his or her
driver’s licence; or
(b) an original or attested copy of a document of
a kind set out in Schedule 3;
by close of business on the first Friday following the polling day
or voting day.
(3) The classes of electors who can attest to a copy
of:
(a) a person’s driver’s licence; or
(b) a document of a kind set out in Schedule 3;
are set out in Schedule 2.
39C Prescribed
classes of electors (subparagraph 6 (cb) (ii) of Schedule 3 to the
Act and subparagraph 6 (cb) (ii) of Schedule 4 to the Referendum
(Machinery Provisions) Act)
(1) The classes of electors who can attest to a copy of
the applicant’s certificate of Australian citizenship are set out in Schedule
2.
(2) Subregulation (1) ceases to have effect on the
commencement of section 3 of the Australian Citizenship Act 2006.
40 State
referendum or vote (Act, s 394)
(1) This regulation applies if:
(a) the Governor‑General has authorised a
State vote to be held or taken on the day appointed as polling day for a
Commonwealth vote; and
(b) there is an arrangement between the Electoral
Commission and the electoral authority of the State for the Electoral
Commission to conduct the State vote.
(2) An officer who performs functions in relation to the
Commonwealth vote may perform functions in relation to the State vote.
(3) Polling booths, ballot boxes and other facilities
provided, and machinery or arrangements established, for the Commonwealth vote
may be used for the State vote.
(4) Ballot papers for declaration votes in the State
vote may be put in the envelopes used for ballot papers for declaration votes
in the Commonwealth vote.
(5) Ballot papers used for the State vote may be placed
in the ballot boxes used for the Commonwealth vote.
(6) In this regulation:
Commonwealth vote means:
(a) an election of the Senate; or
(b) a general election of the House of
Representatives; or
(c) a by‑election to elect a member of the
House of Representatives; or
(d) a referendum held under the Referendum
(Machinery Provisions) Act 1984.
State has the meaning given by section 394 of
the Act.
State vote means an election, referendum or
vote of the electors of a State or part of a State to be held or taken under a
law of the State.
Division 2 Electronically assisted voting for sight‑impaired
people
41 Definitions
for Division 2
In this Division:
call centre operator means a person:
(a) who works in a national call centre; and
(b) who is a pre-poll voting officer
under section 4 of the Act.
certified list of voters means a list of
voters for a Division certified by the Electoral Commissioner under section 208
of the Act.
electronically assisted vote means a vote
cast using the electronically assisted voting method.
electronically assisted voting means the
casting of an electronically assisted vote.
electronically assisted voting method means
the method determined by regulation 47.
national call centre means a call centre used
by the Australian Electoral Commission for the purpose of providing telephone
assisted voting.
officer means an officer mentioned in
subsection 202A (2) of the Act.
reference Roll means a Roll that may be
consulted by an officer if a voter wishes to cast an electronically assisted
vote.
sight-impaired person has the meaning given
by section 202AA of the Act.
42 Electronically
assisted voting
Subject to regulation 43, a voter who is a sight‑impaired
person may cast an electronically assisted vote at:
(a) a general election; and
(b) a Senate election; and
(c) a by-election; and
(d) a referendum;
held after the commencement of this regulation.
43 Electoral
Commissioner to determine availability of electronically assisted voting
(1) The Electoral Commissioner may determine, in
writing:
(a) the divisional offices and other places
where electronically assisted voting is to be available; and
(b) the days on which and times when electronically
assisted voting is to be available at the places determined under paragraph
(a).
(2) The Electoral Commissioner may give directions to
officers in relation to requests for an electronically assisted vote.
44 Who
is entitled to an electronically assisted vote
(1) A voter is entitled to an electronically assisted
vote if:
(a) the voter attends a place where
electronically assisted voting is available during the times when
electronically assisted voting is available; and
(b) the voter informs an officer that the voter
is sight-impaired and requests an electronically assisted vote; and
(c) the voter’s name is on an approved list of
voters, a certified list of voters or a reference Roll.
(2) A voter is not entitled to an electronically
assisted vote if:
(a) the voter’s name is not on an approved list
of voters, a certified list of voters or a reference Roll; or
(b) the voter refuses to answer a question asked
in accordance with subregulation 45 (1) or (3); or
(c) the voter answers Question 3 in
subregulation 45 (1) in the affirmative; or
(d) a mark on a copy of an approved list of
voters or a certified list of voters indicates that the voter has already
voted; or
(e) the voter is provisionally enrolled; or
(f) on the basis of any of the voter’s answers
to questions mentioned in regulation 45, an officer is not satisfied that the
voter is the person whose name the voter uses.
Note A voter may be eligible to cast an
assisted provisional vote on polling day or an assisted pre-poll vote.
45 Questions
to be put to voter
(1) If a voter requests an electronically assisted vote,
an officer must ask the voter the questions in the table.
|
Question
1
|
What is your full name?
|
|
Question
2
|
Where do you live?
|
|
Question 3
|
the appropriate question
from:
|
|
|
(a) Have you voted before in this election?
|
|
|
(b) Have you voted before in these elections?
|
|
|
(c) Have you voted before in this by-election?
|
|
|
(d) Have you voted before in this referendum?
|
(2) However, if the voter’s address does not appear on
an approved list of voters, a certified list of voters or a reference Roll
because the voter has requested its suppression under section 104 of the
Act, the officer must not ask Question 2.
(3) If, on the basis of any of the voter’s answers to
Questions 1 to 3, the officer is not satisfied that the voter is the
person whose name the voter uses, the officer may ask the voter 1 or more
questions about information provided on an approved list of voters, a certified
list of voters or a reference Roll about the person whose name the voter uses.
46 Duty
of officer to assist voter
An officer who is satisfied that a voter is
entitled to an electronically assisted vote under subregulation 44 (1)
must assist the voter in accordance with regulations 48 and 49.
47 Electronically
assisted voting to take form of telephone assisted voting
The method of telephone assisted voting mentioned
in regulations 48 and 49 is the only method of casting an electronically
assisted vote for:
(a) the first Senate election held after the
commencement of this regulation; and
(b) the first general election held after the
commencement of this regulation; and
(c) a by-election to elect a member of the House
of Representatives held after the commencement of this regulation.
48 Telephone
assisted voting — home Divisional Office
(1) Subregulation (2) applies in relation to a voter who
votes at the Divisional Office of the Division in which the voter is enrolled
to vote.
(2) The method of telephone assisted voting consists of
the following steps:
(a) an officer must place a mark against the
voter’s name on a copy of an approved list of voters or a certified list of
voters;
(b) the officer must escort the voter, and a
person assisting the voter (if necessary), to an area where:
(i) there is a telephone; and
(ii) it is unlikely that the voter will
be overheard by anyone other than a person assisting the voter;
(c) the officer must call the national call
centre;
(d) the officer must tell the call centre
operator:
(i) the Division and State or
Territory for which the voter is enrolled; and
(ii) the Division from which the
officer is calling;
without telling the call centre operator
the voter’s name or otherwise identifying the voter;
(e) the call centre operator must verify the
authenticity of the call;
(f) the call centre operator must collect the
ballot papers for the voter’s Division and tell the officer that the call
centre operator has collected the ballot papers;
(g) the officer must hand the telephone to the
voter and then leave the area so that the voter cannot be overheard by anyone
other than a person assisting the voter;
(h) the call centre operator must ensure that
the voter:
(i) receives the same information (in
the same order), and has the same voting options, as would appear in the ballot
paper for the election that the voter would be given if the voter were voting
under Part XVI of the Act; and
(ii) is able to indicate the voter’s vote
in a way that, if the voter were marking a ballot paper, would satisfy the
requirements of section 239 or 240 of the Act;
(i) the voter may tell the call centre operator
how the voter wants the ballot papers to be marked;
(j) if the voter tells the call centre operator
how the voter wants the ballot papers to be marked, the call centre operator
must:
(i) initial the voter’s ballot papers
on the top front of each ballot paper; and
(ii) mark the voter’s ballot papers in
accordance with the voter’s instructions; and
(iii) read the voter’s voting
preferences back to the voter; and
(iv) put the voter’s ballot papers in an
envelope marked with the name of the voter’s Division; and
(v) place the envelope in a ballot box
used at the national call centre for electronically assisted voting.
(3) An assistant call centre operator must:
(a) listen to the
call; and
(b) if the call centre operator has not marked
the voter’s ballot papers in accordance with the voter’s instructions (if
any) — ensure that the voter’s ballot papers are marked in accordance with
the instructions.
(4) The officer must, after allowing a reasonable period
of time to elapse and after the voter has confirmed that he or she is ready to
leave, escort the voter and any person assisting the voter from the area
mentioned in paragraph (2) (b).
(5) A voter who uses the voting method mentioned in
subregulation (2) must leave the Divisional Office as soon as practicable after
he or she has voted.
49 Telephone
assisted voting — outside home Divisional Office
(1) Subregulation (2) applies in relation to a voter who
votes at a place, other than the Divisional Office of the Division in which the
voter is enrolled to vote, where electronically assisted voting is available.
(2) The method of telephone assisted voting consists of
the following steps:
(a) an officer must:
(i) place a mark against the voter’s
name on a reference Roll; or
(ii) make a record in accordance with
regulation 52;
(b) the officer must escort the voter, and a
person assisting the voter (if necessary), to an area where:
(i) there is a telephone; and
(ii) it is unlikely that the voter will
be overheard by anyone other than a person assisting the voter;
(c) the officer must call the national call
centre;
(d) the officer must tell the call centre
operator:
(i) the Division and State or
Territory for which the voter is enrolled; and
(ii) the
Division from which the officer is calling;
without telling the call centre operator
the voter’s name or otherwise identifying the voter;
(e) the call centre operator must verify the
authenticity of the call;
(f) the call centre operator must find the
ballot papers for the voter’s Division and tell the officer that the call
centre operator has found the ballot papers;
(g) the officer must hand the telephone to the
voter and then leave the area so that the voter cannot be overheard by anyone
other than a person assisting the voter;
(h) the call centre operator must ensure that
the voter:
(i) receives the same information (in
the same order), and has the same voting options, as would appear in the ballot
paper for the election that the voter would be given if the voter were voting
under Part XVI of the Act; and
(ii) is able to indicate the voter’s vote
in a way that, if the voter were marking a ballot paper, would satisfy the
requirements of section 239 or 240 of the Act;
(i) the voter may tell the call centre operator
how the voter wants the ballot papers to be marked;
(j) if the voter tells the call centre operator
how the voter wants the ballot papers to be marked, the call centre operator
must:
(i) initial the voter’s ballot papers
on the top front of each ballot paper; and
(ii) mark the voter’s ballot papers in
accordance with the voter’s instructions; and
(iii) read the voter’s voting
preferences back to the voter; and
(iv) put the voter’s ballot papers in an
envelope marked with the name of the voter’s Division; and
(v) place the envelope in a ballot box
used at the national call centre for electronically assisted voting.
(3) An assistant call centre operator must:
(a) listen to the
call; and
(b) if the call
centre operator has not marked the voter’s ballot papers in accordance with the
voter’s instructions (if any) — ensure that the voter’s ballot papers are
marked in accordance with the instructions.
(4) The officer must, after allowing a reasonable period
of time to elapse and after the voter has confirmed that he or she is ready to
leave, escort the voter and any person assisting the voter from the area
mentioned in paragraph (2) (b).
(5) A voter who uses the voting method mentioned in
subregulation (2) must leave the Divisional Office as soon as practicable after
he or she has voted.
50 Requirements
relating to ballot boxes
The requirements in relation to ballot boxes in
Subdivision C of Part IVA of the Referendum (Machinery Provisions) Act, other
than section 73CR, are taken to apply to ballot boxes used at the national call
centre for electronically assisted voting as if the electronically assisted
voting were ordinary pre-poll voting.
51 Role
of scrutineers — national call centre
(1) A candidate in an election to which a method of
telephone assisted voting mentioned in regulations 48 and 49 applies may
appoint 1 scrutineer to attend the national call centre for the purpose of
monitoring:
(a) the duties of call centre operators and
assistant call centre operators mentioned in regulations 48 and 49; and
(b) the duties of an Assistant Returning Officer
mentioned in regulation 52A.
(2) The appointment of a scrutineer must be made by
notice, in writing:
(a) addressed to the Returning Officer or a
pre-poll voting officer; and
(b) signed by the
candidate; and
(c) stating the scrutineer’s name and address.
(3) A scrutineer who has not complied with subsection
202A (3) of the Act must not attend the national call centre to discharge
a scrutineer’s functions.
(4) A scrutineer who attends the national call centre
is guilty of an offence if:
(a) the scrutineer attempts to interfere with
the duties of a call centre operator, assistant call centre operator or
Assistant Returning Officer mentioned in regulations 48 to 50
and 52A; or
(b) the scrutineer:
(i) communicates with a person in the
national call centre; and
(ii) the communication is not
reasonably necessary for the discharge of the scrutineer’s functions.
Penalty: 5 penalty units.
52 Record
of electronically assisted votes
(1) The Electoral Commissioner must make a record of an
electronically assisted vote.
(2) The record of an electronically assisted vote may take
either of the following forms:
(a) a mark on an approved list of voters or a
certified list of voters beside the voter’s name;
(b) a record on a document other than an
approved list of voters or a certified list of voters which states:
(i) the voter’s name (whether or not
it also states the voter’s address or date of birth); and
(ii) the Division in which the voter is
enrolled to vote.
(3) If the record takes the form mentioned in paragraph
(b):
(a) it must be forwarded to a Divisional
Returning Officer for the Division in which the voter is enrolled to vote; and
(b) the Divisional Returning Officer must place a
mark beside the voter’s name on an approved list of voters or a certified list
of voters.
52A What
must be done with the voter’s ballot papers
(1) As soon as the close of the poll for all Divisions,
an Assistant Returning Officer must:
(a) open each ballot box mentioned in
subparagraph 48 (2) (j) (v) or 49 (2) (j) (v);
and
(b) sort the envelopes, unopened, into bundles
corresponding to Divisions.
(2) An Assistant Returning Officer must forward each bundle to a Divisional
Returning Officer for the appropriate Division for the conduct of a scrutiny.
(3) A person who is not an Assistant Returning Officer,
or a person performing tasks under the direction of an Assistant Returning
Officer, must not perform any of the duties mentioned in subregulation (1)
or (2).
Penalty: 5 penalty units.
(4) An offence under subregulation (3) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
52B Scrutiny
of ballot papers
(1) For the purpose of conducting a scrutiny of the
ballot papers forwarded by the Assistant Returning Officer under subregulation
52A (2), the Divisional Returning Officer must conduct the scrutiny.
(2) The procedures in Part XVIII of the Act apply to
the scrutiny with such modifications as are necessary to ensure that:
(a) no preliminary scrutiny mentioned in section
266 of the Act is to be conducted; and
(b) the electronically assisted vote is taken to
be a pre-poll ordinary vote; and
(c) it is irrelevant that the voter did not
complete the ballot paper personally; and
(d) it is irrelevant that the vote can be
identified as being cast by a sight-impaired person.
(3) A person who is not the Divisional Returning
Officer, or a person performing tasks under the direction of the Divisional
Returning Officer, must not conduct the scrutiny.
Penalty: 5 penalty units.
(4) An offence under subregulation (3) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
53 Persons present when electronically assisted vote is
cast (subsection 202AB (4) of the Act and subsection 73M (5)
of the Referendum (Machinery Provisions) Act)
A person who is present when an elector is casting
an electronically assisted vote must obey all directions of an officer.
Penalty: 10 penalty units.
54 Offences
related to electronically assisted voting
(1) A person commits an offence if the person:
(a) interferes with a voter while the voter
casts an electronically assisted vote; or
(b) communicates with a voter who casts an electronically
assisted vote about the voter’s vote; or
(c) does anything to find out how a voter who casts
an electronically assisted vote voted.
Penalty: 5 penalty units.
(2) Subregulation (1) does not apply to:
(a) an officer assisting the voter under
regulation 45 or 46; or
(b) a person
assisting a voter as mentioned in paragraph 48 (2) (b) or
49 (2) (b); or
(c) a call centre operator or assistant call
centre operator acting under regulation 48 or 49.
57 Protection
of electronic voting hardware or software
(1) A person commits an offence if he or she destroys
or interferes with:
(a) a computer program; or
(b) a data file; or
(c) an electronic device;
that is used, or intended to be used, for or in connection with
electronically assisted voting.
Penalty: 5 penalty units.
(2) Subregulation (1) does not
apply to an officer acting in the course of his or her duties.
Division 7 Enforcement of law in relation to compulsory voting
81 Proceedings
in Court on failure of elector to vote
(1) In proceedings which are instituted in a Court of
summary jurisdiction against an elector for a contravention of subsection
245 (15) of the Act or subsection 45 (14) of the Referendum
(Machinery Provisions) Act, the Divisional Returning Officer must send to the
Court the elector’s reply (if any) under subparagraph 245 (5) (c) (i) or (ii)
of the Act or subparagraph 45 (5) (c) (i) or (ii) of the Referendum (Machinery
Provisions) Act.
(2) The Court shall, whether the defendant is present or
not, consider the contents of the reply as if it were given in evidence before
the Court.
83 Evidence in Court of summary jurisdiction
(1) If, in a prosecution in a Court of summary
jurisdiction against an elector for a contravention of subsection 245 (15)
or (15C) of the Act or subsection 45 (14) or (14C) of the Referendum
(Machinery Provisions) Act, the prosecuting officer lodges with the Court a
statutory declaration and a certified extract in the approved form, the officer
is not required to attend the hearing.
(2) Where a statutory declaration and certified extract
have been lodged as provided by this regulation, and the prosecuting officer is
not present at the hearing, the Court shall proceed with the hearing and
determination of the case in his absence, and shall consider the statutory
declaration and certified extract as if the matter set out therein had been
given in evidence before it, and shall, notwithstanding the absence of the
prosecuting officer, permit evidence to be given for the prosecution of any
witness who is summoned by, or attends on behalf of, the prosecuting officer.
(3) For the purposes of
this regulation, any document purporting to be a statutory declaration shall be
accepted as such by the Court without proof of the signatures thereon or proof
of the authority of the person before whom it purports to have been made to
take statutory declarations.
87 Classes of articles for the purposes of
paragraph 328 (3) (b) of the Act
The following classes of articles are prescribed
for the purposes of paragraph 328 (3) (b) of the Act:
(a) business or visiting cards that promote the
candidacy of any person in an election for the Parliament;
(b) letters and cards:
(i) that bear the name and address
(not being a post‑office box) of the sender; and
(ii) that do not contain a
representation or purported representation of a ballot‑paper for use in
an election for the Parliament.