Aboriginal and Torres Strait Islander Commission (Regional Council Election) Rules 1990 (Cth)
Aboriginal and Torres Strait Islander Commission (Regional Council Election) Rules 1990
as amended
made under section 113 of the
Aboriginal and Torres Strait Islander Commission Act 1989
This compilation was prepared on 23 July 2002
taking into account amendments up to Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 6)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
Part 1 Preliminary
1 Name of rules [see Note 1] 7
2 Interpretation 7
2A Regions divided into wards 9
4 Electoral Commissioner may give directions 10
5 Regional Returning Officer 10
6 Aboriginal and Torres Strait Islander liaison officers 10
7 Liaison officer to be present during polling 10
Part 2 Nominations
8 Qualifications of person nominated 12
9 Manner of nomination 12
10 To whom nominations made 12
13 Requirements for nomination 12
14 Form of consent to act 13
15 Rejection of nomination 13
17 Place of nomination 13
18 Day of nomination 13
19 Hour of nomination 13
20 Declaration of nominations 13
21 Withdrawal of consent to nomination 14
23 Where poll to be held 14
24 Death of candidate after nomination 14
25 Failure of election 14
Part 3 Conduct of the election
Division 1 General
26 Persons not to vote more than once 15
27 Photographs of candidates 15
28 Undertaking by officers and scrutineers 15
29 Ballot‑boxes to be securely fastened 15
30 Official mark 15
Division 2 Postal Voting
31 Grounds for applying for postal vote 16
32 Application for postal vote 16
33 Duty of an authorised witness 16
34 Issue of postal voter cards and ballot-papers 17
35 Inspection of applications 17
36 Form of postal voter cards 17
37 Postal voting 17
38 Unauthorised interference 19
39 Procedure for dealing with postal voter cards etc 19
40 Opening postal ballot‑papers 20
41 Failure to post or deliver postal vote application or ballot‑paper 20
42 Inducing elector to hand over marked ballot‑paper 20
42A Commencement of preliminary scrutiny of postal votes 20
43 Conduct of preliminary scrutiny of postal votes 20
44 Mistakes 23
45 Correction of formal errors 23
45A Further investigation of postal votes by a regional panel 23
Division 2A Pre‑poll voting
46 Grounds for applying for pre‑poll vote 25
47 Pre‑polling voting officers 25
48 Applying for a pre‑poll vote 25
49 Place and time for applying 25
50 Pre‑poll voting 25
51 Form of pre-poll voter card 27
52 Record of issue of pre-poll voting papers 27
53 Opening of pre‑poll voting envelope 28
53A Obligations of persons present when pre‑poll vote is cast 28
53B Mistakes 28
53C Correction of formal errors 28
53D Further investigation of pre-poll votes by a regional panel 28
Division 3 The poll
54 Arrangements for polling 29
55 Substitute 29
56 Use of licensed premises as polling booth 30
57 Separate voting compartments 30
58 Ballot‑boxes 30
59 Ballot‑papers 30
60 Printing of ballot-papers 30
61 Determination of order on ballot‑papers 31
62 Ballot‑papers to be initialled 32
63 Scrutineers at the polling 32
64 Provisions relating to scrutineers 32
65 Persons present at polling 32
66 Polling 33
67 Where electors may vote 33
68 Interpretation 34
69 Mobile booths — hospitals 34
70 Provisions related to rule 69 35
70A Mobile booths — prisons 36
71 Mobile booths 37
72 Forwarding of votes 39
73 Questions to ask voter 40
74 Completion of voter card 41
75 Objection by scrutineer 41
76 Voter record 41
77 Voting procedure 41
78 Function of liaison officers 42
79 Decision by senior liaison officer 42
80 Elector to leave booth 43
81 Assisting certain voters 43
82 Spoilt ballot‑papers 44
83 Marking of votes 44
84 Adjournment of polling 45
85 Adjournment in other cases 45
86 Voting at adjourned polling 45
87 When elections held in some wards only 45
Part 4 The scrutiny
88 Scrutiny 46
89 Scrutineers 46
90 Conduct of scrutiny 46
91 Scrutiny of votes 46
92 Computerised scrutiny of votes 50
93 Combination of manual and computer scrutiny permitted 52
94 Scrutiny of postal and pre-poll ballot-papers 52
95 Action on objections to ballot‑papers 52
96 Officers not to mark ballot-papers so that voter can be identified 52
96A Counting of votes 52
96B Exhaustion of ballot paper 53
97 Recount at elections 53
98 Recount 53
98A Sending ballot‑papers electronically 54
99 Powers of officer conducting recount 55
100 Reservation of disputed ballot‑papers 55
Part 5 The Declaration of the Poll
101 Declaration of Poll 56
102 Correction of errors 56
103 Extension of time 56
Part 6 Electoral offences
104 Interpretation 57
105 Officers and scrutineers to observe secrecy 57
106 Bribery 57
107 Interference with political liberty 58
109 Officers not to influence vote 58
110 Printing and publication of electoral advertisements, notices etc 58
111 Misleading or deceptive publications etc 58
112 False statements about enrolment 59
113 Heading to electoral advertisements 59
114 Authors of reports etc to be identified 60
115 Cards in polling booth 60
116 Signature to electoral paper 60
117 Witnessing electoral papers 61
118 False certification 61
119 Unlawfully marking ballot‑papers 61
120 Other offences relating to ballot‑papers etc 62
121 Prohibition of canvassing near polling booths 62
122 Badges or emblems in polling booths 63
123 Forging or uttering electoral papers 63
124 Protection of the official mark 63
125 Misconduct in polling booth 64
126 Re-entry after removal from booth 64
127 Defamation of candidate 64
128 Publication of matter regarding candidates 65
Part 7 Miscellaneous
130 Further elections 66
131 Advice to electors not entitled to vote in respect of a ward 66
132 Extension of time for acts by officers 66
133 Institution of proceedings 67
134 Proof of posting 67
135 Preservation of ballot‑papers 67
136 Responsibility for preservation of documents 67
137 Authorised official inquiry 68
138 Collection of statistical information 68
139 Delegation 68
Part 8 Indigenous Electors Roll — Tasmania
Division 1 Preliminary
140 Application of Part 8 69
141 Purpose of Part 8 69
142 Definitions for Part 8 69
Division 2 Indigenous Electors Roll
143 Electoral Commission to prepare Indigenous Electors Roll 69
144 Eligibility 69
145 Enrolment 70
146 Provisional Roll 70
147 Public inspection of the Provisional Roll 70
148 Objection to the enrolment of a person on the Provisional Roll 71
149 Submissions by the applicant 71
150 Consideration of objection — if applicant has not made a submission 72
151 Consideration of objection — if applicant has made a submission 72
152 Help for applicants 72
153 Notice of Committee’s decision 72
154 Indigenous Electors Roll 73
155 Request for address not to be shown on Rolls 73
Division 3 Independent Indigenous Advisory Committee
156 The Committee 75
157 Remuneration of Committee members 75
158 Procedure at Committee meetings 75
159 Help for Committee 75
160 Committee Secretariat 76
Division 4 Voting
161 Voting 76
Division 5 Offences
162 Copying Rolls 77
163 Disclosure of contents of Rolls 77
164 Use of information on Rolls 77
Division 6 Miscellaneous
165 Preliminary scrutiny of votes — silent electors 77
166 Administrative review 78
167 Destruction of documents containing sensitive information 78
168 Conduct of preliminary scrutiny of votes 78
169 Provisions that do not apply 80
Division 7 Modification of Rules for 2002 Tasmanian Regional Council elections
170 Modification of Rules 80
Schedule 1 Wards 81
Part 1 New South Wales 81
Part 2 Northern Territory 81
Part 3 Queensland 82
Part 4 South Australia 83
Part 5 Tasmania 83
Part 6 Victoria 84
Part 7 Western Australia 84
Schedule 2 Modification of Rules for 2002 Tasmanian Regional Council elections 86
Schedule 2 Grounds on which to apply for postal or pre-poll vote 88
Notes 90
Part 1 Preliminary
Name of rules [see Note 1]
These rules are the Aboriginal and Torres Strait Islander Commission (Regional Council Election) Rules 1990.
Interpretation
(1) In these Rules, unless the contrary intention appears:
approved means approved by the Electoral Commission by notice published in the Gazette.
ATSIC means the Commission.
Australian Capital Territory includes the Jervis Bay Territory.
authorised witness means an elector whose name appears on the Roll for:
(a) a State; or
(b) the Australian Capital Territory; or
(c) the Northern Territory.
compartment, in relation to a polling booth, means a compartment constructed in the polling booth in pursuance of rule 57.
confirmation of Aboriginality certificate means a certificate given by an Aboriginal or Torres Strait Islander corporation stating that the person named in the certificate is an Aboriginal person or a Torres Strait Islander.
courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place in Australia specified by or on behalf of the person and the conveyance (whether by aircraft or otherwise) and delivery of the article to another place in Australia that is so specified, being a service approved by the Electoral Commissioner.
Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19 of the Electoral Act.
Division has the same meaning as in the Electoral Act.
election means an election for the members for a Regional Council ward.
elector means a person who is entitled to vote in an election.
Electoral Act means the Commonwealth Electoral Act 1918.
Electoral Commission means the Australian Electoral Commission established by section 6 of the Electoral Act.
Electoral Commissioner means the Electoral Commissioner referred to in section 18 of the Electoral Act.
electoral matter means matter which is intended or likely to affect voting in an election.
hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.
issuing point, in relation to a polling booth, means a place within the polling booth at which ballot‑papers are issued to persons voting at the booth.
liaison officer means an Aboriginal and Torres Strait Islander liaison officer appointed under rule 6.
nomination period means the period beginning 60 days before the day fixed for polling under section 104 of the Act and ending at the hour of nomination.
officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, a Divisional Returning Officer, a Regional Returning Officer, an Assistant Returning Officer, a presiding officer, an assistant presiding officer, a substitute presiding officer, an electoral visitor, a mobile polling team leader, a mobile polling team member, a senior liaison officer, a liaison officer and a pre‑poll voting officer.
polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, under rule 54, for the purposes of taking votes during polling.
polling place means a place appointed as a polling place in pursuance of section 105 of the Act.
postal vote means a vote cast before polling day, by means of post.
postal voter card means a postal voter card issued under subrule 34 (1).
pre-poll vote means a vote cast before the close of the poll, by the voter attending in person at the office of a Regional Returning Officer or of a pre‑poll voting officer.
pre-poll voter card means a pre-poll voter card issued under subrule 50 (1).
pre‑poll voting officer means a person appointed under rule 47.
registered medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.
relevant Regional Returning Officer, in relation to an elector, means the Regional Returning Officer for the region containing the ward for which the elector is enrolled.
Returning Officer includes Regional Returning Officer and Assistant Returning Officer.
Roll means:
(a) for the 2002 Tasmanian Regional Council elections — the Indigenous Electors Roll under Part 8; or
(b) in any other case — an Electoral Roll under the Electoral Act.
senior liaison officer means a senior Aboriginal and Torres Strait Islander liaison officer appointed under rule 6.
special hospital means a special hospital within the meaning of rule 69.
Subdivision has the same meaning as in the Electoral Act.
Territory means the Australian Capital Territory or the Northern Territory.
the Act means the Aboriginal and Torres Strait Islander Commission Act 1989.
voter card means a voter card in the approved form.
(2) In relation to an election in a region a provision of these Rules that:
(a) provides for the giving of a document to; or
(b) confers a power or function on;
the Regional Returning Officer is to be taken to refer to the Regional Returning Officer responsible for that region.
(3) Without limiting the generality of the definition of electoral matter in subsection (1), matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on:
(a) the election; or
(b) an issue submitted to, or otherwise before, the electors in connection with the election.
(4) For the purposes of these Rules a person is enrolled in respect of a ward if, at 5pm on the fifteenth day before the day of the poll:
(a) the person’s name appears on the Roll at an address located in the ward; or
(b) the person’s name is entered on the Roll:
(i) under section 96 of the Electoral Act; and
(ii) for a Subdivision where part of that Subdivision is in the ward; or
(c) where the person has made a request under section 104 of the Electoral Act — the person’s address as shown on the request is in the ward.
(5) A reference in these Rules, in relation to an election in a region, to a senior liaison officer is a reference to the person appointed by the Regional Returning Officer to be the senior liaison officer for that region in relation to that election.
(6) For the purposes of these Rules, if a region is not divided into wards, the region is taken to be a single ward.
(7) A reference to a voter or an elector, in a provision of these Rules that creates an offence, includes a reference to a person who is not entitled to vote but attempts to do so.
2A Regions divided into wards
(1) For the purposes of paragraph 100A (1) (a) of the Act, a region specified in column 1 in Schedule 1 is divided into the wards specified for the region in column 2.
(2) For the purposes of paragraph 100A (1) (b) of the Act, the boundary of a ward specified in column 2 in Schedule 1 is the boundary depicted for the ward in the map specified in column 4 in Schedule 1 in relation to the ward.
(3) For the purposes of paragraph 100A (1) (c) of the Act, the designated number for a ward specified in column 2 in Schedule 1 is the number specified in column 3 in relation to the ward.
(4) In subrule (2):
map, in relation to a ward, means the map:
(a) identified in the Aboriginal and Torres Strait Islander Commission (Regional Boundaries) Determination 1996 (in force on 19 September 2001) by the description given in Schedule 1 in relation to the ward; and
(b) published by the Commission.
Note Maps referred to in rule 2A are available from the Central Office of the Aboriginal and Torres Strait Islander Commission, MLC Tower Building, Phillip, A.C.T., 2606.
Electoral Commissioner may give directions
The Electoral Commissioner may give written directions to officers with respect to the performance of their functions, and the exercise of their powers, under these Rules.
Regional Returning Officer
A reference in these Rules, in relation to a region, to a Regional Returning Officer is a reference to the person appointed by the Electoral Commissioner to be the Regional Returning Officer for that region in relation to an election.
Aboriginal and Torres Strait Islander liaison officers
(1)Before polling commences in an election, the Regional Returning Officer in consultation with the Commission must appoint:
(a) persons to be Aboriginal and Torres Strait Islander liaison officers; and
(b) in relation to each region — a person (not being a liaison officer) to be the senior Aboriginal and Torres Strait Islander liaison officer for the region.
(2) A liaison officer or a senior liaison officer must:
(a) be an Aboriginal person or a Torres Strait Islander; and
(b) be over the age of 18 years; and
(c) reside in the region for which he or she is appointed and be enrolled in respect of a ward in that region; and
(d) not be:
(i) a candidate for election in the election for which he or she is a liaison officer or a senior liaison officer; or
(ii) a member of the staff of, or a consultant to, the Commission.
Liaison officer to be present during polling
A liaison officer must be present at all times during polling at:
(a) a polling booth; or
(b) a special hospital; or
(c) a prison; or
(d) a mobile polling station.
Part 2 Nominations
Qualifications of person nominated
(1) No person is capable of being elected as a member of a Regional Council unless duly nominated.
(2) To entitle a person to be nominated as a member of a Regional Council, he or she must have the qualifications specified in section 102 of the Act.
Manner of nomination
(1) A nomination must:
(a) set out the name, occupation, place of residence and postal address of the candidate; and
(b) be signed by not less than 4 electors, other than the candidate, who are enrolled in respect of the ward for which the candidate is nominated.
(2) A nomination must be in the approved form and must be accompanied by a fee of $50.
(2A) The fee referred to in subrule (2) may be paid by cash, bank cheque or money order, or by a payment order drawn by a non-bank financial institution on itself or on another branch of the non-bank financial institution.
(4) For the purposes of this rule, the name of a candidate includes:
(a) the surname, and at least one given name, under which the candidate is enrolled in respect of the ward; and
(b) if the candidate so wishes any other name, or nickname, by which the candidate is commonly known.
(5) A nomination must include a statement of the form in which the candidate’s name is to be printed on the ballot‑papers for the election.
(6) For the purposes of subrule (5), a commonly accepted variation of the candidate’s enrolled given name may be used if approved by the Regional Returning Officer.
To whom nominations made
Nominations of persons for election as members for a Regional Council ward must be made to the Regional Returning Officer for the region containing the ward for which the election is to be held.
Requirements for nomination
A nomination is not valid unless:
(a) the person nominated:
(i) consents to act if elected; and
(ii) declares:
(A) that he or she is qualified to stand for election under section 102 of the Act; and
(B) that he or she is not, and does not intend to be, a candidate in any other election to be held on the same day as the election to which the nomination relates; and
(iii) is enrolled for the ward for which he or she is nominating when the declaration is made; and
(b) the nomination paper, or a copy received by facsimile transmission, is received by the Regional Returning Officer within the nomination period.
Form of consent to act
The consent of the person nominated to act if elected and the declaration referred to in subparagraph 13 (a) (ii) is sufficient if he or she signs the form of consent and declaration at the foot of the nomination paper, but the Regional Returning Officer receiving the nomination may accept any other form of consent and declaration, whether accompanying the nomination paper or not, that he or she deems satisfactory, and such acceptance is final.
Rejection of nomination
(1) Subject to subrule (2), a nomination shall be rejected by the officer to whom it is made if, and only if, the provisions of rules 9, 10, 13 or 14 have not been complied with in relation to the nomination.
(2) No nomination is to be rejected by reason of any formal defect or error in the nomination if the officer to whom the nomination is made is satisfied that the provisions of rules 9, 10, 13 and 14 have been substantially complied with.
Place of nomination
The office of the Regional Returning Officer for a region is the place of nomination for that region.
Day of nomination
The day of nomination is 31 days before the day fixed for the poll.
Hour of nomination
The hour of nomination is 5pm on the day of nomination.
Declaration of nominations
(1) The Regional Returning Officer for a region containing a ward in which an election is being held must, within 24 hours after the hour of nomination but not before noon on the day after the day of nomination:
(a) attend at the place of nomination for the region; and
(b) publicly produce all nomination papers received by him or her; and
(c) read out the names and places of residence of all candidates nominated.
(2) However, if a nomination paper includes the place of residence or address of a person that, in accordance with the Electoral Act, is not shown on the Roll, the Regional Returning Officer:
(a) must comply with paragraph (1) (b) by producing a copy of the nomination paper on which the person’s place of residence and address are obliterated; and
(b) must not read out the place of residence of the person.
Withdrawal of consent to nomination
A candidate may withdraw his or her consent to his or her nomination at any time before the hour of nomination by lodging with the Regional Returning Officer for the region a notice of withdrawal, and thereupon the nomination is cancelled.
Where poll to be held
Where, under subsection 107 (2) of the Act, a poll is to be held, the proceedings in the election shall, subject to the provisions of these Rules relating to voting before polling day, stand adjourned to polling day.
Death of candidate after nomination
If after the nominations for an election have been declared and before polling day any candidate dies and the candidates remaining are not greater in number than the candidates required to be elected, they must forthwith be declared to be elected.
Failure of election
(1) An election is taken to have wholly failed if no candidate is nominated or returned as elected.
(2) An election is taken to have partially failed if the number of candidates for election is fewer than the number of candidates required to be elected.
Part 3 Conduct of the election
Division 1 General
Persons not to vote more than once
An Aboriginal person or a Torres Strait Islander is not entitled to vote more than once:
(a) at any Regional Council ward election; or
(b) at more than one Regional Council ward election held on the same day.
Note For offences in relation to voting, see subrule 120 (1).
Photographs of candidates
(1) If, by the hour of nomination, a candidate provides a photograph of himself or herself to the Regional Returning Officer for the region containing the ward for which the candidate is nominated, the Regional Returning Officer must arrange for:
(a) copies to be made of the photograph; and
(b) copies of the photograph to be displayed during the time voting is in progress at all places in the ward where voting takes place.
(2) The photograph provided under subrule (l) must:
(a) be of a quality which will allow effective reproduction; and
(b) depict only the head and shoulders of the candidate.
Undertaking by officers and scrutineers
(1) Every officer and scrutineer performing functions under these rules must make an undertaking in the approved form.
(2) An omission by an officer or scrutineer to sign an undertaking under subrule (1) is not to be a ground for setting aside an election.
Ballot‑boxes to be securely fastened
Each ballot‑box must be capable of being securely fastened.
Official mark
The official mark for the authentication of ballot‑papers is a water mark in the paper thereof consisting of a representation of a shield having therein the letters ‘CA’ intertwined.
Division 2 Postal Voting
Grounds for applying for postal vote
An elector may apply for a postal vote on a ground set out in Schedule 2.
Application for postal vote
(1)An applicant for a postal vote must apply to a Regional Returning Officer.
(2) An application must:
(a) be in writing in the approved form; and
(b) contain a declaration by the applicant that he or she is entitled to apply for a postal vote; and
(c) be signed by the applicant in the presence of an authorised witness.
(3) An application must not be made until after the publication in the Gazette of a notice under subsection 104 (2) of the Act.
(4) An elector must not make a false statement in:
(a) an application; or
(b) a declaration relating to an application.
Penalty: 100 penalty units.
(5) A person must not induce an elector to make a false statement in:
(a) an application; or
(b) a declaration relating to an application.
Penalty: 100 penalty units.
Duty of an authorised witness
(1) A person must not sign as an authorised witness to the signature of an elector on an application for a postal vote unless the person:
(a) is satisfied as to the identity of the elector; and
(b) has seen the elector sign the application; and
(c) is satisfied that the statements in the application are true:
(i) from personal knowledge; or
(ii) from questioning of the elector or by other means.
Penalty: 50 penalty units.
(2) A person who signs as an authorised witness must write on the application the date on which he or she has signed it.
Issue of postal voter cards and ballot-papers
(1) Subject to subrule (2), on receiving an application for a postal vote that is properly made, signed and witnessed, a Regional Returning Officer must:
(a) allocate a number to the application; and
(b) record the same number on the postal voter card issued to the applicant; and
(c) post to the applicant:
(i) a postal voter card attached to an envelope; and
(ii) a postal ballot-paper; and
(iii) an outer envelope addressed to the relevant Regional Returning Officer.
(2) If a Regional Returning Officer receives an application after the last mail clearance at the nearest post office on the last Thursday before polling day, the Regional Returning Officer must not post a postal voter card or ballot‑paper to the applicant.
(3) Before posting a postal voter card and postal ballot-paper, the Regional Returning Officer must initial, in writing, the front of the ballot‑paper.
Inspection of applications
(1) A Regional Returning Officer who issues a postal voter card and postal ballot‑paper must:
(a) write the date of issue on the application to which they correspond; and
(b) if he or she is not the relevant Regional Returning Officer — send the application to the relevant Regional Returning Officer.
(2) Subject to subrule (3), all applications for postal votes received by the relevant Regional Returning Officer must be open to public inspection at his or her office during ordinary office hours:
(a) on and from the third day after polling day; and
(b) until the time when the election can no longer be questioned.
(3) Before making applications available for public inspection, the Regional Returning Officer must remove from the applications the address of any person whose address has been excluded from the Roll under section 104 of the Electoral Act.
Form of postal voter cards
A postal voter card and postal ballot‑paper must be in the approved form.
Postal voting
(1) Subject to subrule (8), the following requirements for postal voting must be substantially given effect:
(a) the elector must show his or her unsigned postal voter card and unmarked postal ballot‑paper to an authorised witness;
(b) the elector must sign the postal voter card in the presence of the authorised witness;
(c) the authorised witness must:
(i) sign the postal voter card as an authorised witness; and
(ii) write the date of the witnessing;
(d) the elector must mark his or her vote on the ballot‑paper in the presence of the authorised witness but so that the witness cannot see the vote, fold the ballot‑paper, place it in the envelope addressed to the relevant Regional Returning Officer and seal the envelope;
(e) the elector must enclose the following documents (the postal voting papers) in the outer envelope:
(i) the envelope containing the ballot-paper;
(ii) the postal voter card;
(iii) a confirmation of Aboriginality certificate for the elector;
(iv) a statutory declaration by the elector that he or she is an Aboriginal person or a Torres Strait Islander;
(f) subject to subrule (6), the elector must post or deliver the outer envelope containing the postal voting papers to the relevant Regional Returning Officer.
(2) A statutory declaration for the purposes of a postal vote must not be made before a person who is a candidate in the election to which the vote relates.
(3) If the elector cannot read, or is so disabled that he or she is unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector:
(a) complete the postal voter card for him or her; and
(b) do for the elector any act required by paragraph (1) (d), (e)
or (f).
(4) Directions under subrule (3) may be given by reference to a how‑to‑vote card.
(5) In the case of a ballot‑paper that:
(a) if posted before the close of a poll — would be unlikely to reach the relevant Regional Returning Officer within 6 days after polling day; or
(b) if delivered to the relevant Regional Returning Officer — would be unlikely to reach him or her before the close of the poll;
the elector may take the steps set out in subrule (6).
(6) For subrule (5), the elector may:
(a) before the close of the poll:
(i) address the postal voting papers to a Regional Returning Officer other than the relevant Regional Returning Officer; and
(ii) send the papers to the officer; or
(b) deliver the postal voting papers to a pre-poll voting officer or a presiding officer.
(7) A Regional Returning Officer, a pre-poll voting officer or a presiding officer to whom postal voting papers are delivered under subrules (5) and (6) must deal with the papers in accordance with rule 39.
(8) In subrule (1), authorised witness, in relation to a particular election, does not include a candidate in the election.
Unauthorised interference
Except at an elector’s request, a person must not:
(a) interfere with the elector in relation to the marking of his or her postal ballot‑paper; or
(b) do anything that would enable the person or any other person to find out what is marked on the postal ballot- paper.
Penalty: 100 penalty units.
Procedure for dealing with postal voter cards etc
If:
(a) a Regional Returning Officer receives an envelope containing a ballot paper and a postal voter card issued in relation to a Region for which he or she is not the relevant Regional Returning Officer; or
(b) a pre‑poll voting officer or a presiding officer receives an envelope containing a ballot paper and a postal voter card;
(whether or not accompanied by a confirmation of Aboriginality certificate and a statutory declaration), he or she must:
(c) endorse on the envelope:
(i) ‘Received by me’; and
(ii) the date and time of receipt of the envelope; and
(d) sign the endorsement and add the words ‘Regional Returning Officer’, ‘Pre‑poll Voting Officer’ or ‘Presiding Officer’, as the case may be; and
(e) make a record of:
(i) the name of the voter; and
(ii) the name of the region and ward to which the postal voter card appears to relate; and
(f) until dealing with the envelope and postal voter card in accordance with paragraph (g), keep the envelope and postal voter card in a ballot‑box; and
(g) send:
(i) the envelope and postal voter card; and
(ii) the record; and
(iii) the confirmation of Aboriginality certificate and statutory declaration (if any);
to the relevant Regional Returning Officer in accordance with his or her instructions.
Opening postal ballot‑papers
An envelope that appears to contain a postal ballot‑paper on which a vote has been recorded must not be opened by a person other than:
(a) the relevant Regional Returning Officer; or
(b) an officer acting on the direction of the relevant Regional Returning Officer.
Penalty: 50 penalty units.
Failure to post or deliver postal vote application or ballot‑paper
If a person is entrusted by an elector, and undertakes, to post or deliver:
(a) an application for a postal vote; or
(b) an envelope apparently containing a postal ballot‑paper; or
(c) a postal voter card;
the undertaking must be given effect as soon as is practicable.
Penalty: 100 penalty units.
Inducing elector to hand over marked ballot‑paper
A person must not induce an elector to hand over to the person a postal ballot‑paper on which the elector has marked his or her vote.
Penalty: 100 penalty units.
42A Commencement of preliminary scrutiny of postal votes
(1) The relevant Regional Returning Officer may begin a preliminary scrutiny of postal votes on the last Monday before the poll.
(2) However, the actions mentioned in paragraph 43 (4) (f) must not be taken before the close of the poll.
Conduct of preliminary scrutiny of postal votes
(1) The relevant Regional Returning Officer must conduct as many preliminary scrutinies as he or she considers appropriate until:
(a) all applications for postal voter cards and postal ballot‑papers have been produced by him or her; and
(b) all envelopes containing postal votes received by him or her up to the end of the sixth day after the close of the poll have been dealt with in accordance with this rule; and
(c) any envelopes containing postal votes received before the close of the poll by any other Regional Returning Officer, pre‑poll voting officer or presiding officer have been dealt with in accordance with this rule.
(2) At the first preliminary scrutiny, the relevant Regional Returning Officer must produce:
(a) all applications for postal voter cards and postal ballot‑papers; and
(b) unopened — all envelopes containing postal votes; and
(c) all postal voter cards, confirmation of Aboriginality certificates and statutory declarations;
that he or she has received.
(3)At a subsequent preliminary scrutiny (if any), the relevant Regional Returning Officer must produce:
(a) all applications for postal voter cards and postal ballot‑papers; and
(b) unopened — all envelopes containing postal votes; and
(c) all postal voter cards, confirmation of Aboriginality certificates and statutory declarations that have not already undergone scrutiny;
that he or she has received and that have not previously undergone scrutiny.
(4) Subject to subrule (7), the relevant Regional Returning Officer must, in conducting a preliminary scrutiny:
(a) compare the signature of the elector on each postal voter card with the signature of the elector on the application for the postal voter card, and allow the scrutineers to inspect both signatures; and
(b) accept for further scrutiny the ballot-paper enclosed in the corresponding envelope if satisfied that:
(i) the elector is enrolled in respect of the ward to which the vote relates; and
(ii) the signature on the postal voter card is that of the elector who signed the application for the postal voter card; and
(iii) the signature appears to have been witnessed by an authorised witness; and
(iv) the vote contained in the envelope was recorded before the close of the poll; and
(v) the confirmation of Aboriginality certificate and statutory declaration mentioned in paragraph 37 (1) (e) are attached to the postal voter card and the envelope containing the ballot-paper, and are valid; and
(c) if not satisfied as to a matter specified in subparagraph (b) (i), (ii), (iii) or (iv):
(i) disallow the ballot-paper without opening the envelope in which it is contained; and
(ii) place the envelope in a parcel with all the other envelopes containing ballot-papers which have been disallowed under this paragraph, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and
(ca) if not satisfied about a matter to which subparagraph (b) (v) refers:
(i) separate the envelope containing the ballot-paper from the postal voter card and any attached confirmation of Aboriginality certificate or statutory declaration; and
(ii) disallow the ballot-paper without opening the envelope in which it is contained and:
(A) place the envelope in a parcel with all the other envelopes containing ballot-papers which have been disallowed under this subparagraph; and
(B) seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and
(iii) refer the postal voter card and any attached confirmation of Aboriginality certificate or statutory declaration to a senior liaison officer for further investigation under rule 45A; and
(d) separate the postal voter card, the confirmation of Aboriginality certificate and the statutory declaration from each envelope accepted for further scrutiny, placing the envelopes in a ballot box and the postal voter cards, the confirmation of Aboriginality certificates and the statutory declarations in a parcel; and
(e) seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and
(f) after the close of the poll:
(i) extract the ballot-paper from inside each envelope without further examining the envelope or permitting anyone else to do so; and
(ii) place the extracted ballot-papers by themselves in a ballot box for further scrutiny; and
(iii) place all the envelopes from which ballot-papers have been extracted in another parcel, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date.
(5) For the purpose of subparagraph (4) (b) (i), an elector who appears not to be enrolled in respect of the ward is taken to be so enrolled if the relevant Regional Returning Officer is satisfied, after making any necessary inquiries, that the elector was, at the time of voting, entitled to be enrolled in respect of the ward and was not so enrolled because of an error or mistake by an officer made:
(a) since the close of the Roll for the last election; or
(b) if the last election was held less than 6 months before the election to which the scrutiny relates — since the close of the Roll for the election before the last election.
(5A) In subrule (5):
election means:
(a) a general election for the House of Representatives; or
(b) a Senate election not held concurrently with a general election for the House of Representatives; or
(c) a referendum not held concurrently with a general election.
(6)A Regional Returning Officer who proposes to conduct a preliminary scrutiny must, before 4.00 pm on the day before the day on which the scrutiny is to be conducted:
(a) prominently display at his or her office a notice setting out:
(i) the day on which; and
(ii) the time or times at which;
the scrutiny is to be conducted; and
(b) as far as is reasonably practicable — conduct the scrutiny accordingly.
(7) For the purpose of subparagraph (4) (b) (iv), an envelope that bears a postmark dated after polling day is taken to contain a vote that was not recorded before the close of the poll.
Mistakes
(1) A postal vote must not be rejected solely because only the surname, rather than the full name, of a candidate has been written on the ballot‑paper, if no other candidate has the same surname.
(2) If a voter’s intention is clear, a Regional Returning Officer must not reject a vote solely because of a spelling mistake.
Correction of formal errors
An officer who receives:
(a) an application for a postal vote; or
(b) a postal voter card;
who is satisfied that the application or postal voter card contains a formal error, may amend the application or postal voter card, as the case may be, to correct the error.
45A Further investigation of postal votes by a regional panel
(1) If documents relating to a postal vote are referred to a senior liaison officer under subparagraph 43 (4) (ca) (iii), the officer must as soon as practicable within 9 days after the close of the poll arrange for a regional panel to determine whether the elector is an Aboriginal person or a Torres Strait Islander.
(2) A regional panel is made up of:
(a) the senior liaison officer; and
(b) 2 other people who are Aboriginal persons or Torres Strait Islanders.
(3) After making any investigations that it considers appropriate, the regional panel must determine whether the elector is an Aboriginal person or a Torres Strait Islander.
(4) The senior liaison officer must:
(a) by the close of business on the second Monday after polling day, tell the Regional Returning Officer whether or not, having regard to the panel’s determination, the postal vote should be admitted for further scrutiny; and
(b) send all relevant documents, including any documents given to the panel in the course of its investigation (if any), to the Regional Returning Officer.
(5) The Regional Returning Officer must tell the elector whether or not, having regard to the panel’s determination, the postal vote will be admitted for further scrutiny.
Division 2A Pre‑poll voting
Grounds for applying for pre‑poll vote
An elector may apply for a pre‑poll vote on a ground set out in Schedule 2.
Pre‑polling voting officers
A Regional Returning Officer may appoint a person to be a pre‑poll voting officer for the purposes of these Rules.
Applying for a pre‑poll vote
(1) Application for a pre‑poll vote may be made to:
(a) a Regional Returning officer; or
(b) a pre‑poll voting officer.
(2) An applicant must:
(a) apply in person; and
(b) tell the officer to whom he or she applies:
(i) the ward and region for which the applicant is enrolled; and
(ii) any matters necessary for the officer to establish the applicant’s entitlement to vote in relation to the ward.
Place and time for applying
(1) An application to a Regional Returning Officer may be made only at his or her office during:
(a) ordinary office hours; or
(b) the hours of polling on polling day.
(2) An application to a pre‑poll voting officer may be made only:
(a) at a place declared by the Electoral Commission by notice published in the Gazette, to be a pre‑poll voting office; and
(b) on a day, and during the hours, fixed by the Electoral Commission by notice published in the Gazette.
(3) Application cannot be made after the close of the poll in the ward for which the elector is enrolled.
Pre‑poll voting
(1) An officer to whom an elector properly applies for a pre‑poll vote (in this rule called the issuing officer) must issue to the elector:
(a) a pre-poll voter card attached to an envelope; and
(b) a ballot‑paper.
(2) Before issuing the ballot‑paper, the issuing officer must initial, in writing, the front of the ballot‑paper.
(3) The following requirements for pre‑poll voting must be substantially given effect:
(a) the elector must sign the pre-poll voter card in the presence of the issuing officer;
(b) the issuing officer must sign the pre-poll voter card as witness and write on the pre-poll voter card the date of his or her signing it;
(c) the elector must mark his or her vote on the ballot‑paper in the presence of the issuing officer but so that the officer cannot see the vote, fold the ballot‑paper and hand it to the officer;
(d) the issuing officer must immediately:
(i) place the ballot‑paper in the envelope attached to the pre-poll voter card; and
(ii) seal the envelope;
(e) the elector must give to the issuing officer:
(i) a confirmation of Aboriginality certificate for the elector; and
(ii) a statutory declaration by the elector that he or she is an Aboriginal person or a Torres Strait Islander;
(ea) if not satisfied about a matter to which paragraph (e) refers:
(i) separate the envelope containing the ballot-paper from the pre-poll voter card and any attached confirmation of Aboriginality certificate or statutory declaration; and
(ii) disallow the ballot-paper without opening the envelope in which it is contained and:
(A) place the envelope in a parcel with all the other envelopes containing ballot-papers which have been disallowed under this subparagraph; and
(B) seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and
(iii) refer the pre-poll voter card and any attached confirmation of Aboriginality certificate or statutory declaration to a senior liaison officer for further investigation under rule 53D; and
(f) if paragraph (ea) does not apply, the issuing officer must:
(i) separate the pre-poll voter card from the envelope and place the envelope in a ballot-box; and
(ii) place the pre-poll voter card, a copy of the confirmation of Aboriginality certificate and a copy of the statutory declaration in a folder provided for the purpose of keeping a record of pre-poll voters;
(g) at the conclusion of polling, the issuing officer must:
(i) if the issuing officer is not the relevant Regional Returning Officer — forward the envelopes and documents mentioned in subparagraph (f) (ii) to the relevant Regional Returning Officer according to his or her directions; or
(ii) if the issuing officer is the relevant Regional Returning Officer — deal with the envelopes and documents mentioned in subparagraph (f) (ii) in accordance with Part 4;
(h) pre-poll voter cards, and copies of confirmation of Aboriginality certificates and statutory declarations, received by a relevant Regional Returning Officer must be open to public inspection at his or her office during ordinary office hours on and from the third day after polling day until the time when the election can no longer be questioned;
(i) before making a pre-poll voter card, or a copy of a confirmation of Aboriginality certificate or a statutory declaration, available for inspection, the Regional Returning Officer must remove the address of any person whose address has been excluded from the Roll under section 104 of the Electoral Act.
(3A) A statutory declaration for the purposes of a pre-poll vote must not be made before a person who is a candidate in the election to which the vote relates.
(4)If the elector cannot read, or is so disabled that he or she is unable to vote without assistance, a person chosen by the elector may do any of the following acts for the purposes of subrule (3) in accordance with the elector’s directions:
(a) read the pre-poll voter card to the voter;
(b) fill in the pre-poll voter card with the necessary particulars;
(c) mark the elector’s vote on the ballot‑paper;
(d) fold the marked ballot-paper and return it to the issuing officer.
(5) Directions under subrule (4) may be given by reference to a how‑to‑vote card.
(6) An elector to whom a pre-poll voter card and ballot-paper have been issued is not entitled:
(a) to remove the pre-poll voter card or ballot‑paper from the office of the officer who issued it; or
(b) to vote at a polling booth on polling day.
Form of pre-poll voter card
A pre-poll voter card must be in the approved form.
Record of issue of pre-poll voting papers
The issuing officer must:
(a) record on the pre-poll voter card:
(i) the date of issue of the voter card and ballot-paper; and
(ii) the name and address of the applicant; and
(iii) the ward and region for which the person claims to be enrolled; and
(iv) an identification number; and
(b) record the same identification number on the envelope attached to that voter card.
Opening of pre‑poll voting envelope
(1) A person other than:
(a) the relevant Regional Returning Officer; or
(b) an officer acting on the direction of the relevant Regional Returning Officer;
must not open an envelope containing a ballot‑paper on which a pre-poll vote has been marked.
Penalty: 50 penalty units.
53A Obligations of persons present when pre‑poll vote is cast
A person who is present when an elector signs a pre-poll voter card or marks a ballot‑paper in the presence of an officer:
(a) must obey all proper directions of the officer; and
(b) except at the request of the elector, must not:
(i) communicate with the elector in relation to his or her vote; or
(ii) assist or interfere with the elector in relation to the elector’s vote; and
(c) must not do anything that would enable him or her to find out what is marked on the ballot‑paper.
Penalty: 100 penalty units.
53B Mistakes
(1)A pre‑poll vote must not be rejected solely because only the surname, rather than the full name, of a candidate has been written on the ballot‑paper, if no other candidate has the same surname.
(2) If a voter’s intention is clear, a Regional Returning officer must not reject a vote solely because of a spelling mistake.
53C Correction of formal errors
An officer who receives a pre-poll voter card and who is satisfied that the voter card contains a formal error, may amend the voter card to correct the error.
53D Further investigation of pre-poll votes by a regional panel
(1) If documents relating to a pre-poll vote are referred to a senior liaison officer under subparagraph 50 (3) (ea) (iii), the officer must, as soon as practicable within 9 days after the close of the poll arrange for a regional panel to determine whether the elector is an Aboriginal person or a Torres Strait Islander.
(2) A regional panel is made up of:
(a) the senior liaison officer; and
(b) 2 other people who are Aboriginal persons or Torres Strait Islanders.
(3) After making any investigations that it considers appropriate, the regional panel must determine whether the elector is an Aboriginal person or a Torres Strait Islander.
(4) The senior liaison officer must:
(a) by the close of business on the second Monday after polling day, tell the Regional Returning Officer whether or not, having regard to the panel’s determination, the pre-poll vote should be admitted for further scrutiny; and
(b) send all relevant documents, including any documents given to the panel in the course of its investigation, to the Regional Returning Officer.
(5) The Regional Returning Officer must tell the elector whether or not, having regard to the panel’s determination, the pre-poll vote will be admitted for further scrutiny.
Division 3 The poll
Arrangements for polling
(1) If the proceedings on the day of nomination stand adjourned to polling day, the Regional Returning Officer must immediately make all necessary arrangements for taking the poll and in particular must:
(a) provide and furnish proper polling booths and ballot‑boxes; and
(b) provide ballot‑papers and all necessary forms, envelopes and materials.
(2) If the proceedings on the day of nomination stand adjourned to polling day, the Regional Returning Officer must immediately appoint a presiding officer to preside at each polling place and all necessary assistant presiding officers.
(3) In any emergency on polling day due to the absence of any assistant presiding officer or liaison officer, or to any unforeseen and continued pressure at the polling which cannot be met by the duly appointed officers, the presiding officer may appoint any person to act as assistant presiding officer or liaison officer and the person so appointed or acting is to be deemed to have been duly appointed if the Regional Returning Officer afterwards ratifies the appointment by appointing that person to be assistant presiding officer or liaison officer, as the case may be.
(4) No person under the age of 18 years must be appointed to be a presiding officer or assistant presiding officer.
(5) Any assistant presiding officer may, subject to the direction of the presiding officer, exercise all or any of the powers of the presiding officer, and is, in respect of the exercise of those powers, to be taken to be the presiding officer.
Substitute
Any presiding officer may appoint a substitute to perform his or her duties during his or her temporary absence, and such substitute may, while so acting, exercise all of the powers of the presiding officer under these Rules that are necessary to exercise during the absence and is, in the exercise of those powers, deemed to be the presiding officer.
Use of licensed premises as polling booth
Premises licensed for the sale of intoxicating liquor may be used as a polling booth only if the Electoral Commissioner declares, in writing, that he or she is satisfied that, during the hours of polling on polling day:
(a) intoxicating liquor will not be available for sale or consumption on the part of the premises proposed for use for the purpose of a polling booth; and
(b) the part of the premises proposed for use for the purposes of a polling booth will be segregated from the part of the premises where intoxicating liquor will be available for sale or consumption; and
(c) access to the part of the premises proposed for use for the purpose of a polling booth will not involve passing through the part of the premises where intoxicating liquor will be available for sale or consumption.
Separate voting compartments
Polling booths must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot‑papers, and each voting compartment must be furnished with a pencil for the use of voters.
Ballot‑boxes
Each polling booth must be provided with the necessary ballot‑boxes.
Ballot‑papers
(1) Ballot‑papers are to be in a form approved.
(2) Ballot‑papers must be printed on white paper and must use black type face of a kind ordinarily used in Commonwealth Government publications.
Printing of ballot-papers
In printing the ballot-papers to be used in an election:
(a) the order of the names of the candidates on the ballot-paper is to be determined by the Regional Returning Officer in accordance with rule 61; and
(b) where similarity in the names of two or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and
(c) a square must be printed opposite the name of each candidate.
Determination of order on ballot‑papers
(1) Where under rule 60 a person is required to determine in accordance with this rule the order of the names of candidates on ballot‑papers to be used in an election:
(a) the person must, immediately after the declaration of nominations for the election, at the place of nomination and before all persons present at that place:
(i) prepare a list of the names in such order as he or she considers appropriate; and
(ii) read out that list; and
(iii) place a number of balls equal to the number of candidates being balls of equal size and weight and each of which is marked with a different number, in a spherical container large enough to allow all the balls in it to move about freely when it is rotated; and
(iv) rotate the container and permit any other person present who wishes to do so to rotate the container; and
(v) cause a person who is blindfolded and has been blindfolded since before the rotation of the container in accordance with subparagraph (iv) to take the balls, or cause the balls to come, out of the container one by one and, as each ball is taken or comes out, to pass it to another person who must call out the number on each ball as it is passed to him or her; and
(vi) as each number is called out in accordance with subparagraph (v), write the number opposite to a name in the list prepared in accordance with subparagraph (i) so that the number called out first is opposite to the first name in the list and the subsequent order of the numbers in the list is the order in which they are called out; and
(vii) place all the balls back in the container; and
(viii) rotate the container and permit any other person present who wishes to do so to rotate the container; and
(ix) cause a person who is blindfolded and has been blindfolded since before the rotation of the container in accordance with subparagraph (viii) to take the balls, or cause the balls to come, out of the container one by one and, as each ball is taken or comes out, to pass it to another person who must call out the number on each ball as it is passed to him or her; and
(x) prepare a list of the numbers called out in accordance with subparagraph (ix) set out in the order in which they were called out in accordance with subparagraph (ix); and
(xi) write on the list prepared in accordance with subparagraph (x) opposite to each number the name set out opposite to that number in the list prepared in accordance with subparagraph (i); and
(b) the order in which the names are set out in the list prepared in accordance with subparagraph (a) (x) is the order of the names determined by the person under this rule.
Ballot‑papers to be initialled
No ballot‑paper is to be delivered to any voter without being first initialled on the front by the proper officer and an exact account is to be kept of all initialled ballot‑papers.
Scrutineers at the polling
(1) Scrutineers may be appointed by candidates to represent them at polling places during the polling, but so that not more than one scrutineer is to be allowed to each candidate at each polling booth or issuing point at a polling booth.
(2)Appointments of scrutineers must be made by notice in writing addressed to the Regional Returning Officer or presiding officer and such notice must be signed by the candidate and must give the name and address of the scrutineer.
Provisions relating to scrutineers
(1) A scrutineer must not:
(a) engage in conduct that interferes with or attempts to influence any voter within the polling booth; or
(b) communicate with any person in the polling booth except so far as is necessary in the discharge of his or her functions.
Penalty: 10 penalty units.
(2) A scrutineer must not be prevented from entering or leaving a polling booth during the polling.
(3) During the absence of a scrutineer, a relieving scrutineer may act in his or her place.
(4) However, only 1 scrutineer at a time for each candidate is entitled to be present in the polling booth or at an issuing point at the polling booth.
(5) Subrule (6) applies to a scrutineer who:
(a) commits a breach of this rule; or
(b) misconducts himself or herself; or
(c) fails to obey a lawful direction of the presiding officer.
(6) The scrutineer may be removed from the polling booth by a member of the Australian Federal Police or of the police force or service of a State or Territory or a person authorised by the presiding officer to remove the scrutineer.
Persons present at polling
(1) A candidate must not in any way take part in the conduct of an election.
(2) A person who is not the presiding officer, an assistant presiding officer, poll clerk, liaison officer or scrutineer, or an elector voting or about to vote, must not enter or remain in a polling booth during the polling.
Penalty: 5 penalty units.
(3) Subrule (2) does not apply if the person has the permission of the presiding officer.
Note A defendant bears an evidential burden in relation to the matter in subrule (3) (see section 13.3 of the Criminal Code).
Polling
(1) The polling must be conducted as follows:
(a) before any vote is taken the presiding officer must exhibit the ballot‑box empty, and must then securely fasten its cover;
(b) the poll must open at 8.00 o’clock in the morning and must not close until all electors present in the polling booth at 6.00 o’clock in the afternoon and desiring to vote, have voted;
(c) the doors of the polling booth must be closed at 6.00 o’clock in the afternoon and no person is to be admitted after that hour to the polling booth for the purpose of voting.
(2) Paragraphs (l) (b) and (c) do not apply in relation to a polling booth in relation to which the Electoral Commissioner has, by notice in writing, determined that the booth is to be open during the hours specified in the notice.
(3) Where the Electoral Commissioner has determined the hours during which a polling booth is to be open under subrule (2):
(a) the polling booth must not close until all electors present in the polling booth at the hour specified in the notice for the close of that polling booth have voted; and
(b) a person must not be admitted to that polling booth for the purpose of voting after the hour specified in the notice for the close of the booth.
(4) In relation to the notice under subrule (2), the Electoral Commissioner must:
(a) cause the notice to be published in the Gazette; and
(b) take such steps as he or she thinks fit to give public notice of the contents of the notice.
Where electors may vote
(1) On polling day an elector is entitled to vote at any polling place for the ward in respect of which he or she is enrolled or to vote as an absent voter, on making a declaration in an approved form, at any other polling place at which a polling booth is open.
(3) Nothing in this rule authorises an elector to vote more than once at any election.
Interpretation
In rules 69 and 70, patient, in relation to a hospital, does not include a person attending the hospital as an out‑patient.
Mobile booths — hospitals
(1) The Electoral Commission may, by notice published in the Gazette, declare the whole or a specified part of a hospital, to be a special hospital for the purposes of taking votes under this rule in a specified election.
(2) A Regional Returning Officer may appoint electoral visitors and liaison officers for the purposes of this rule.
(3) An electoral visitor may make arrangements with an appropriate person, or appropriate persons, on the staff of a hospital (being a hospital the whole or part of which is a special hospital) for the votes of patients in the special hospital to be taken under this rule.
(4) Subject to rule 70, where:
(a) arrangements are in force under subrule (3) in relation to a special hospital; and
(b) a patient in the special hospital is an elector; and
(c) under the arrangements, the vote of the patient may be taken under this rule; and
(d) the patient wishes so to vote;
an electoral visitor, accompanied by a liaison officer, a polling official and such scrutineers, if any, as wish to accompany him or her, must, subject to subrule (5), take to the patient a ballot‑box, a ballot‑paper and such other things as are necessary to enable the vote of the patient to be taken, and these rules apply in relation to the taking of the vote of the patient as if, during the time when, for the purpose of enabling the vote of the patient to be taken, the electoral visitor is in the same room, ward or other place as the patient, that room, ward or other place were a part of a polling booth at a polling place.
(5) A visit or visits to a special hospital in accordance with subrule (4) must be made at such time or times between 8.00 o’clock in the morning and 6.00 o’clock in the afternoon and on such day or days, being any of the 5 days preceding polling day, polling day, or a day to which the polling is adjourned, as are determined by the Regional Returning Officer in relation to the special hospital.
(6) At any time when an electoral visitor is visiting a special hospital for the purposes of this rule, the special hospital is, for the purposes of, and in connection with, the taking of votes under this rule, deemed to be a polling booth at a polling place and the electoral visitor is, for those purposes, deemed to be the presiding officer at that booth.
(7) Paragraph 66 (1) (a) does not apply to an electoral visitor after the first visit made by him or her for the purposes of this rule.
(8) At the end of the last visit made by an electoral visitor for this rule, he or she must, in the presence of a polling official and any scrutineers who may be in attendance, publicly close, fasten, seal and take charge of each ballot‑box used by him or her for this rule.
(9) The electoral visitor must then, as soon as practicable:
(a) if the Regional Returning Officer has directed the electoral visitor to do so:
(i) open each ballot‑box in the presence of a polling official and any scrutineers who may be in attendance; and
(ii) place the contents in a sealed parcel; and
(iii) write on the parcel a description of its contents; and
(iv) send the parcel to the Regional Returning Officer; or
(b) in any other case — send each sealed ballot‑box, together with the voter cards corresponding to the envelopes in the ballot-boxes, to the Regional Returning Officer.
Provisions related to rule 69
(1) Notwithstanding any arrangement in force under rule 69, a visit under that rule to a patient in a hospital must not be made if the presiding officer, electoral visitor or liaison officer, as the case may be, is informed by a registered medical practitioner or a member of the staff of the hospital that such a visit is forbidden, on medical grounds, by a registered medical practitioner.
(2) Literature relating to an election may be supplied to the general office of a hospital to which rule 69 applies, and any literature so supplied must be made available on request to patients entitled to vote under that rule.
(2A) An electoral visitor who visits a hospital under rule 69 may, at the request of an elector who is a patient in the hospital, give the elector literature, including how‑to‑vote cards, made available by candidates in the election.
(3) So far as is practicable, a vote under rule 69 is to be taken as if it were taken under the other provisions of these Rules (including such of those provisions as relate to absent voting) and, in particular, in the application of these Rules for the purposes of subrule 69 (4), these Rules have effect as if:
(a) a person who, with the approval of an appropriate person on the staff of the hospital, enters or remains in a room, ward or other place in the hospital at a time when, under that subrule, it is to be treated as if it were a part of a polling booth were, for the purposes of rule 65, doing so by permission of the presiding officer there present; and
(b) paragraph 77 (a) were omitted and the following paragraph were substituted:
‘(a) mark his or her vote on the ballot‑paper in a manner that ensures the secrecy of his or her vote;’; and
(c) rule 80 were omitted.
(4) Subrule 121 (1) applies in relation to a special hospital within the meaning of rule 69 as if:
(a) the reference in that subrule to polling day and to all days to which the polling is adjourned were a reference to the period commencing on the day of publication in the Gazette of the notice under subsection 104 (2) of the Act and ending at the expiration of polling day or, if the polling is adjourned, the expiration of the last day to which the polling is adjourned; and
(b) the references in that subrule to a polling booth were references to the special hospital.
(5) Where a voter has voted under rule 69 in an election, any postal ballot‑paper received by the Regional Returning Officer that is, or that purports to be, a postal ballot‑paper of the voter must not be admitted in the scrutiny in relation to the election.
(6) Where an arrangement is in force under rule 69, the Regional Returning Officer must, before 4.00 o’clock in the afternoon on the day before the day, or before the first day, on which votes are to be taken under that section, cause to be prominently exhibited at his or her office a notice setting out the hospital to which the arrangement relates and the day or days on which, and the time or times at which, votes are proposed to be taken under rule 69.
(7) As far as is reasonably practicable, votes taken under rule 69 must be taken on the day or days and at the time or times specified in the relevant notice under subrule (6), but any failure to take those votes in that manner does not invalidate the result of the election.
70A Mobile booths — prisons
(1) The Electoral Commission may make arrangements with the Controller‑General of Prisons for a State or Territory for taking the votes of persons confined in prisons in the State or Territory.
(2) A Regional Returning Officer may appoint electoral visitors and liaison officers for the purposes of this rule.
(3) If arrangements in force under subrule (1) are applicable to a prison, an electoral visitor must visit the prison for the purpose of taking the votes of persons confined in the prison.
(4) When visiting a prison, an electoral visitor must:
(a) take to the prison a ballot‑box, ballot‑papers and anything else necessary for taking votes at the prison; and
(b) subject to subrule (5), be accompanied by a liaison officer, a polling official and any scrutineers that wish to attend.
(5) A visit to a prison must be made:
(a) on the day; and
(b) at the time; and
(c) in accordance with the conditions;
fixed by or under the arrangements applicable to the prison.
(6) In spite of arrangements in force under subrule (1), a visit to a prison may not be made if the electoral visitor is informed by the officer in charge of the prison or a member of the staff of the prison that the visit is forbidden by the officer in charge because of circumstances related to the security of the prison.
(7) At the end of a visit by an electoral visitor to a prison, the visitor must, in the presence of the polling official and any scrutineers who are in attendance at the prison, close, fasten, seal and take charge of each ballot‑box used in the visit.
(7A) The electoral visitor must then, as soon as practicable:
(a) if the Regional Returning Officer has directed the electoral visitor to do so:
(i) open each ballot‑box in the presence of a polling official and any scrutineers who may be in attendance; and
(ii) place the contents in a sealed parcel; and
(iii) write on the parcel a description of its contents; and
(iv) send the parcel to the Regional Returning Officer; or
(b) in any other case — send each sealed ballot‑box, together with the voter cards corresponding to the envelopes in those ballot-boxes, to the Regional Returning Officer.
(8) An electoral visitor who visits a prison may, at the request of an elector confined in the prison, give the elector literature including how‑to‑vote cards, made available by candidates in the election.
Mobile booths
(1)In this rule:
leader means a person appointed under this rule to be the leader of a team.
station means a place at which a visit is being made by a team under this rule.
team means a mobile polling team appointed under this rule.
(2) A Regional Returning Officer may appoint persons to be members of mobile polling teams for the purposes of this rule and, in respect of each team, a person to be the leader.
(3) Each team must include a liaison officer.
(4) In relation to mobile polling, the provisions of this rule apply in addition to, and without derogation from, the application of any other provision of these Rules.
(5)A Regional Returning Officer:
(a) may, subject to subrule (6), determine the places, days and times of visits to be made by a team for the purposes of this rule; and
(b) is to take such steps as he or she thinks fit to give public notice of those places, days and times.
(6)A day determined under subrule (5) is to be any of the 12 days preceding polling day, polling day, or a day to which the polling is adjourned.
(7) A team is to make a visit or visits as determined under subrule (5) but if, for reasonable cause, the team is unable, or the leader considers it inappropriate, to make such a visit, the leader may substitute another place, day or time for the visit and, if he or she does so, must:
(a) take such steps as he or she thinks fit to give public notice of the substituted place, day or time; and
(b) inform the Regional Returning Officer.
(8) Any failure by a team to make a visit in accordance with this rule does not invalidate the result of the election.
(9) At any time when a team is at a station for the purposes of taking votes under this rule in an election:
(a) the team must have:
(i) ballot‑boxes, ballot‑papers and such other things as are necessary for the votes of voters to be taken at the station; and
(ii) the ‘how‑to‑vote’ cards (if any) supplied to it by the candidates; and
(b) every elector at the station is entitled to have his or her vote taken under this rule; and
(c) for purposes of, and in connection with, the taking of votes under this rule:
(i) the station is to be taken to be a polling place; and
(ii) the building, structure, vehicle or enclosure used by the leader for the purposes of taking votes under this rule is to be taken to be a polling booth at that polling place; and
(iii) the leader is to be taken to be the presiding officer at that polling booth; and
(d) so far as is practicable, a vote under this rule is to be taken as if it were taken under the other provisions (not being rule 69) of these Rules (including such of those other provisions as relate to absent voting); and
(e) rule 121 applies as if:
(i) the reference in subrule 121 (1) to polling day and to all days to which the polling is adjourned were a reference to the time of the visit; and
(ii) the reference in subrule 121 (2) to the hours of polling were a reference to that time.
Paragraph 66 (1) (a) does not apply to a leader after the first visit made by him or her for the purposes of this rule.
(11) At the end of the last visit made by a leader for this rule, he or she must, in the presence of a member of his or her team and any scrutineers who may be in attendance, publicly close, fasten, seal and take charge of each ballot‑box used by him or her for this rule.
(11A) The leader must then, as soon as practicable:
(a) if the Regional Returning Officer has directed the leader to do so:
(i) open each ballot‑box in the presence of a polling official and any scrutineers who may be in attendance; and
(ii) place the contents in a sealed parcel; and
(iii) write on the parcel a description of its contents; and
(iv) send the parcel to the Regional Returning Officer; or
(b) in any other case — send each ballot‑box, together with the voter cards corresponding to the envelopes in those ballot-boxes, to the appropriate Regional Returning Officer.
Where a voter has voted under this rule in an election, any postal ballot‑paper received by the Regional Returning Officer that is, or that purports to be, a postal ballot‑paper of the voter must not be admitted in the scrutiny in relation to the election.
Forwarding of votes
(1) A presiding officer must:
(a) place in a parcel all the envelopes which purport to contain the ballot‑papers of those voters who recorded votes at the polling place and all the envelopes handed in by persons who have cast postal votes, seal up the parcel and forthwith deliver it, or cause it to be delivered, to the Regional Returning Officer; and
(b) forward to the Regional Returning Officer advice in writing of the total number of envelopes enclosed in the parcel delivered or to be delivered to the Regional Returning Officer.
(2) Each Regional Returning Officer must:
(a) extract the voter cards of persons who have cast absent votes from the records forwarded to him or her under rule 76 and subrules 69 (8), 70A (7) and 71 (11) and retain a copy of all such voter cards; and
(b) extract the envelopes of persons who have cast absent votes or postal votes from the ballot-boxes forwarded to him or her under subrules 69 (8), 70A (7) and 71 (11); and
(c) extract the envelopes of persons who have cast absent votes or postal votes from the parcels forwarded to him or her under subrule 72 (1); and
(d) until they are dealt with under other provisions of these Rules, keep the voter cards and envelopes in one or more securely fastened ballot-boxes.
(3) A Regional Returning Officer must:
(a) place in a parcel all the envelopes and voter cards relating to a particular ward, endorse on the parcel the number of the envelopes and voter cards, seal up the parcel and forthwith deliver it, or cause it to be delivered, to the Regional Returning Officer for the region containing the ward or, with the approval of the Electoral Commissioner, to another person to be dealt with in accordance with subrule (6); and
(b) forward to the last‑mentioned Regional Returning Officer advice of the total number of envelopes enclosed in the parcel delivered or to be delivered to that Regional Returning Officer.
(4) Each Regional Returning Officer must:
(a) maintain a record of the particulars of the advices, and of the number of envelopes, received from other Regional Returning Officers;
(b) maintain a locked and sealed ballot‑box for each ward in the region labelled so as to identify it as a ballot-box containing absent votes, postal votes and pre-poll votes; and
(c) keep in those ballot‑boxes, until the scrutiny, all envelopes purporting to contain a ballot‑paper recording an absent vote, a postal vote or a pre-poll vote in relation to a ward in his or her region, being, in the case of envelopes purporting to contain postal ballot‑papers, envelopes:
(i) delivered to the Regional Returning Officer before the end of the period of 6 days after the close of the poll; or
(ii) received from another Regional Returning Officer or from a person referred to in subrule (6) where the envelope bearing the voter card bears evidence that it was received by that Regional Returning Officer, by a pre‑poll voting officer or by a presiding officer prior to the close of the poll.
Conduct of preliminary scrutiny of votes
(1) The relevant Regional Returning Officer must conduct as many preliminary scrutinies as he or she considers appropriate until:
(a) all envelopes containing postal votes received by him or her up to the end of the sixth day after the close of the poll have been dealt with in accordance with this rule; and
(b) any envelopes containing postal votes received before the close of the poll by any other Regional Returning Officer have been dealt with in accordance with this rule.
(2) At the first preliminary scrutiny, the relevant Regional Returning Officer must produce:
(a) unopened — all envelopes containing postal votes; and
(b) all postal voter cards;
that he or she has received.
(3)At a subsequent preliminary scrutiny (if any), the relevant Regional Returning Officer must produce:
(a) unopened — all envelopes containing postal votes; and
(b) all postal voter cards;
that he or she has received and that have not previously undergone scrutiny.
(4) Subject to subrule (6), the relevant Regional Returning Officer must, in conducting a preliminary scrutiny:
(a) compare the signature of the elector on each postal voter card with the signature of the elector on the indigenous enrolment form, and allow the scrutineers to inspect both signatures; and
(b) accept for further scrutiny the ballot-paper enclosed in the corresponding envelope if satisfied that:
(i) the elector is enrolled in respect of the ward to which the vote relates; and
(ii) the signature on the postal voter card is that of the elector who signed the indigenous enrolment form; and
(iii) the signature on the postal voter card appears to have been witnessed by an authorised witness; and
(iv) the vote contained in the envelope was recorded before the close of the poll; and
(c) if not satisfied as to a matter specified in subparagraph (b) (i), (ii), (iii) or (iv):
(i) disallow the ballot-paper without opening the envelope in which it is contained; and
(ii) place the envelope in a parcel with all the other envelopes containing ballot-papers which have been disallowed under this paragraph, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and
(d) separate the postal voter card from each envelope accepted for further scrutiny, placing the envelopes in a ballot box and the postal voter cards in a parcel; and
(e) seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date; and
(f) after the close of the poll:
(i) extract the ballot-paper from inside each envelope without further examining the envelope or permitting anyone else to do so; and
(ii) place the extracted ballot-papers by themselves in a ballot box for further scrutiny; and
(iii) place all the envelopes from which ballot-papers have been extracted in another parcel, seal the parcel and endorse on the parcel a description of the contents, the name of the ward and the date.
(5)A Regional Returning Officer who proposes to conduct a preliminary scrutiny must, before 4.00 pm on the day before the day on which the scrutiny is to be conducted:
(a) prominently display at his or her office a notice setting out:
(i) the day on which; and
(ii) the time or times at which;
the scrutiny is to be conducted; and
(b) as far as is reasonably practicable — conduct the scrutiny accordingly.
(6) For subparagraph (4) (b) (iv), an envelope that bears a postmark dated after polling day is taken to contain a vote that was not recorded before the close of the poll.
Provisions that do not apply
The following provisions do not apply in relation to the 2002 Tasmanian Regional Council Elections:
(a) paragraph 6 (1) (b);
(b) rule 27;
(c) rule 31;
(d) subrule 32 (3);
(e) subrules 35 (2) and (3);
(f) subparagraphs 37 (1) (e) (iii) and (iv);
(g) subrule 37 (2);
(h) rules 43 and 45A;
(i) Schedule 2.
Division 7 Modification of Rules for 2002 Tasmanian Regional Council elections
Modification of Rules
These Rules are modified in their application to the 2002 Tasmanian Regional Council elections in accordance with Schedule 2.
Schedule 1 Wards
(rule 2A)
Part 1 New South Wales
| Region that contains the following place | Ward | Designated number for the ward | Map depicting boundaries of wards |
| Coffs Harbour | Gattang Northern Rivers | 8 4 | ATSIC Coffs Harbour Region — ATSIC 02/1 |
| Tamworth | Gomilaroi Tingha Quirindi | 4 3 5 | ATSIC Tamworth Region — ATSIC 02/2 |
| Sydney | Greater Sydney Wollongong | 11 1 | ATSIC Sydney Region — ATSIC 02/3 |
| Bourke | Wangkumara NSW Far West | 8 3 | ATSIC Bourke Region — ATSIC 02/4 |
| Wagga Wagga | Deniliquin Wirawongam Murrumbidgee/Lachlan | 1 7 4 | ATSIC Wagga Wagga Region — ATSIC 02/5 |
| Queanbeyan | Bogong Umbara Canberra | 2 6 4 | ATSIC Queanbeyan Region — ATSIC 02/6 |
Part 2 Northern Territory
| Region that contains the following place | Ward | Designated number for the ward | Map depicting boundaries of wards |
| Katherine | Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 | 2 1 3 2 3 | ATSIC Katherine Region — ATSIC 02/7 |
| Jabiru | Tiwi Islands Jabiru Coburg Wadeye Daly River | 3 4 1 2 1 | ATSIC Jabiru Region — ATSIC 02/8 |
| Nhulunbuy | Bärra Bulunu Mamarika | 4 4 3 | ATSIC Nhulunbuy Region — ATSIC 02/9 |
| Darwin | Darwin Palmerston Balang Garnang Wagait | 7 3 1 1 | ATSIC Darwin Region — ATSIC 02/10 |
| Alice Springs | Alice Springs | 10 | ATSIC Alice Springs Region — ATSIC 02/11 |
| Tennant Creek | Tennant Creek Barkly Wauchope Alpurrurulam | 3 2 3 1 | ATSIC Tennant Creek Region — ATSIC 02/12 |
| Apatula | Papunya Impiyara Arltarlpilta | 7 1 3 | ATSIC Apatula Region — ATSIC 02/13 |
Part 3 Queensland
| Region that contains the following place | Ward | Designated number for the ward | Map depicting boundaries of wards |
| Cooktown | Hope Vale Coen Kowanyama Aurukun Cape York | 2 1 2 2 4 | ATSIC Cooktown Region — ATSIC 02/14 |
| Mount Isa | Burke Mornington Mount Isa South East Carpentaria | 1 2 5 2 1 | ATSIC Mount Isa Region — ATSIC 02/15 |
| Brisbane | Brisbane Metro North Coast Ipswich and South Coast | 5 2 5 | ATSIC Brisbane Region — ATSIC 02/16 |
| Cairns | Cairns Yarrabah Innisfail Tableland-Douglas | 6 2 1 3 | ATSIC Cairns Region — ATSIC 02/17 |
| Townsville | Townsville Palm Island Mackay Ingham Charters Towers | 4 2 4 1 1 | ATSIC Townsville Region — ATSIC 02/18 |
| Roma | Roma | 12 | ATSIC Roma Region — ATSIC 02/19 |
| Rockhampton | Rockhampton Longreach Woorabinda Gladstone Wide Bay | 4 1 1 2 4 | ATSIC Rockhampton Region — ATSIC 02/20 |
Part 4 South Australia
| Region that contains the following place | Ward | Designated number for the ward | Map depicting boundaries of wards |
| Adelaide | Kaurna Murrundi | 9 3 | ATSIC Adelaide Region — ATSIC 02/21 |
| Port Augusta | Amata Indulkana Coober Pedy Nulla Wanga Tjuta South Nulla Wanga Tjuta North | 2 2 1 5 1 | ATSIC Port Augusta Region — ATSIC 02/22 |
| Ceduna | Wangka Pulka North Wangka Pulka South Kakarrara Wilurrara | 4 3 2 | ATSIC Ceduna Region — ATSIC 02/23 |
Part 5 Tasmania
| Region that contains the following place | Ward | Designated number for the ward | Map depicting boundaries of wards |
| Hobart | Hobart Burnie Launceston | 6 4 2 | ATSIC Hobart Region — ATSIC 02/24 |
Part 6 Victoria
| Region that contains the following place | Ward | Designated number for the ward | Map depicting boundaries of wards |
| Wangaratta | Gippsland Goulburn Valley East Melbourne | 3 3 6 | ATSIC Wangaratta Region — ATSIC 02/26 |
| Ballarat | Tumbukka West Melbourne | 7 5 | ATSIC Ballarat Region — ATSIC 02/27 |
Part 7 Western Australia
| Region that contains the following place | Ward | Designated number for the ward | Map depicting boundaries of wards |
| Perth | Yunderup Gnangara Walunga Bibra Wungong | 2 3 3 2 2 | ATSIC Perth Region — ATSIC 02/28 |
| Narrogin | Moora Northam Bunbury Narrogin Albany | 1 2 4 1 3 | ATSIC Narrogin Region — ATSIC 02/29 |
| Derby | Jayida Buru Bandaral Ngadu | 5 5 | ATSIC Derby Region — ATSIC 02/30 |
| Kununurra | Yawooroong Yarleyel Kutjungka | 5 3 2 | ATSIC Kununurra Region — ATSIC 02/31 |
| Broome | Broome Outer Areas | 6 4 | ATSIC Broome Region — ATSIC 02/32 |
| South Hedland | Port Hedland Roebourne Ashburton East Pilbara | 4 4 1 1 | ATSIC South Hedland Region — ATSIC 02/33 |
| Geraldton | Geraldton Murchison Gascoyne Mullewa Meekatharra | 4 1 3 1 1 | ATSIC Geraldton Region — ATSIC 02/34 |
| Kalgoorlie | Garlgurla Mulga Marlu Goolbit | 5 2 3 | ATSIC Kalgoorlie Region — ATSIC 02/35 |
| Warburton | Western Desert Warburton Cundeelee | 4 4 1 | ATSIC Warburton Region — ATSIC 02/36 |
Schedule 2 Modification of Rules for 2002 Tasmanian Regional Council elections
(rule 170)
1 Subrule 2 (1), definition of elector
substitute
elector means:
(a) for a region in a State other than Tasmania or in a Territory — a person whose name is on a Roll under the Electoral Act; or
(b) for a region in Tasmania — a person whose name is on the Indigenous Electors Roll mentioned in rule 154.
2 Subrule 2 (1), definition of nomination period
substitute
nomination period means:
(a) for a region in a State other than Tasmania or in a Territory — the period beginning 60 days before the day fixed for polling under section 104 of the Act and ending at the hour of nomination; or
(b) for a region in Tasmania — the period beginning on the day when the Electoral Commission gives ATSIC the Indigenous Electors Roll under rule 154 and ending at the hour of nomination.
3 After subrule 8 (2)
insert
(3) A person who nominates for the 2002 Tasmanian Regional Council election must be enrolled on the Indigenous Electors Roll mentioned in rule 154.
4 Paragraph 9 (1) (b)
after
enrolled
insert
on a Roll under the Electoral Act
5 Paragraph 9 (1) (b), at the foot
insert
Note A nomination for a ward in Tasmania may be signed by an elector who is enrolled under the Electoral Act for the ward but who is not enrolled on the Indigenous Electors Roll mentioned in rule 154.
6 Rule 18
substitute
18 Day of nomination
(1) The day of nomination is 31 days before the day fixed for the poll.
(2) However, for the 2002 Tasmanian Regional Council election, the day of nomination is 15 days before the day fixed for the poll.
Schedule 2 Grounds on which to apply for postal or pre-poll vote
(rules 31 and 47)
l. Throughout the hours of polling on polling day, the elector will not be in the ward for which he or she is enrolled.
2. The elector, at any time during the hours of polling on polling day, will not be within 8 kilometres by the nearest practical route of any polling booth or station at which a mobile polling team is scheduled to visit (either before or on polling day) in the ward for which he or she is enrolled.
3. Throughout the hours of polling on polling day, the elector will be travelling under conditions that will prevent him or her from voting at any polling booth in the ward for which he or she is enrolled.
4. The elector will be unable to attend a polling booth on polling day because of:
(a) serious illness; or
(b) infirmity; or
(c) approaching childbirth. (In the case of a elector who will be a patient at a hospital on polling day, this paragraph applies regardless of the operation of rule 69).
5. On polling day, the elector will be unable to attend a polling booth because he or she will be at a place (other than a hospital) caring for a person who is:
(a) seriously ill; or
(b) infirm; or
(c) expected to give birth shortly.
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.
Throughout the hours of polling on polling day, the elector will be a patient at a special hospital but will be unable to have his or her vote taken under rule 69.
8. Because of the elector’s religious beliefs or membership of a religious order, the elector:
(a) is precluded from attending a polling booth; or
(b) for the greater part of the hours of polling on polling day, is precluded from attending a polling booth.
9. On polling day, the elector (except an elector able to vote under rule 70A) will be:
(a) serving a sentence of imprisonment; or
(b) otherwise in lawful custody or detention.
10. Throughout the hours of polling on polling day, the elector will be engaged in his or her employment or occupation and:
(a) if the elector is an employee — will not be allowed leave of absence to vote; or
(b) in any other case — the absence of the elector for the purpose of attending a polling booth to vote would be likely to cause loss to the person in his or her occupation.
Notes to the Aboriginal and Torres Strait Islander Commission (Regional Council Election) Rules 1990
Note 1
The Aboriginal and Torres Strait Islander Commission (Regional Council Election) Rules 1990 (in force under section 113 of the Aboriginal and Torres Strait Islander Commission Act 1989) as shown in this compilation is amended as indicated in the Tables below.
Table of Rules
| Title | Date of notification | Date of | Application, saving or |
| Regional Council Election Rules No. 1 of 1990 | 18 July 1990 (see Gazette 1990, No. GN28) | 18 July 1990 | |
| Regional Council Election Rules (Amendment) (No. 1) 1992 | 8 Oct 1992 (see Gazette 1992, No. S290) | 17 Dec 1992 | — |
| Regional Council Election Rules (Amendment) (No. 1) 1993 | 29 Sept 1993 (see Gazette 1993, No. S293) | 29 Sept 1993 | — |
| Regional Council Election Rules (Amendment) (No. 1) 1994 | 25 Oct 1994 (see Gazette 1994, No. S379) | 25 Oct 1994 | — |
| Regional Council Election Rules (Amendment) (No. 1) of 1995 | 23 Aug 1995 (see Gazette 1995, No. S319) | 23 Aug 1995 | — |
| Regional Council Election Rules (Amendment) (No. 2) 1995 | 20 Nov 1995 (see Gazette 1995, No. S437) | 20 Nov 1995 | — |
| Regional Council Election Rules (Amendment) (No. 3) 1995 | 14 Nov 1995 (see Gazette 1995, No. S430) | 15 Apr 1996 | — |
| Regional Council Election Rules (Amendment) (No. 1) 1996 | 11 July 1996 (see Gazette 1996, No. S262) | 11 July 1996 | — |
| Aboriginal and Torres Strait Islander Commission Amendment Act 1996 (No. 35, 1996 | 12 Sept 1996 | 12 Sept 1996 | — |
| Regional Council Election Amendment Rules (No. 2) 1998 | 5 May 1999 (see Gazette 1999, No. GN18) | 5 May 1999 | R. 7 [see Table A] |
| Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 1999 (No. 1) | 8 July 1999 (see Gazette 1999, No. S315) | 8 July 1999 | — |
| Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2001 (No. 1) | 19 Sept 2001 (see Gazette 2001, No. S377) | 19 Sept 2001 | — |
| Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 1) | 1 Feb 2002 (see Gazette 2002, No. S35) | 1 Feb 2002 | — |
| Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 2) | 27 Mar 2002 (see Gazette 2002, No. GN12) | 27 Mar 2002 | — |
| Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 3) | 31 May 2002 (see Gazette 2002, No. S176) | 31 May 2002 | — |
| Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 4) | 28 June 2002 (see Gazette 2002, No. S232) | 28 June 2002 | — |
| Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 5) | 11 July 2002 (see Gazette 2002, No. S262) | 11 July 2002 | — |
| Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 2002 (No. 6) | 18 July 2002 (see Gazette 2002, No. S272) | 18 July 2002 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | ||
| Provision affected | How affected | |
| R. 1.......................................... | rs. No. 2, 1998 | |
| R. 2.......................................... | am. No. 1, 1992; No. 1, 1993; No. 1, 1996; No. 1, 1999; No. 1, 2002 | |
| R. 2A........................................ | ad. No. 1, 1993 | |
| am. Nos. 2 and 3, 1995; No. 1, 1996; No. 2, 1998; No. 1, 1999; No. 1, 2001 | ||
| R. 3.......................................... | rep. No. 1, 1996 | |
| R. 6.......................................... | am. No. 1, 1993; No. 1, 1996 | |
| R. 7.......................................... | am. No. 1, 1993 | |
| rs. No. 1, 1996 | ||
| R. 9.......................................... | am. No. 1, 1992; No. 1, 1993; No. 4, 1994; No. 1, 1996; No. 5, 2002 | |
| R. 10........................................ | am. No. 1, 1993; No. 1, 1996 | |
| R. 11........................................ | am. No. 1, 1993 | |
| rep. No. 1, 1996 | ||
| R. 12........................................ | rep. No. 1, 1996 | |
| R. 13........................................ | am. No. 1, 1992; No. 1, 1996; No. 1, 1999 | |
| R. 15........................................ | am. No. 1, 1996 | |
| R. 16........................................ | rep. No. 1, 1992 | |
| R. 18........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| R. 19........................................ | am. No. 1, 1996 | |
| R. 20........................................ | am. No. 1, 1992; No. 1, 1993 | |
| rs. No. 3, 2002 | ||
| R. 21........................................ | am. No. 1, 1992 | |
| R. 22........................................ | rep. No. 1, 1992 | |
| R. 25........................................ | rs. No. 1, 1993 | |
| R. 25A..................................... | ad. No. 1, 1993 | |
| rep. No. 1, 1996 | ||
| R. 26........................................ | am. No. 1, 1993 | |
| Note to r. 26........................... | ad. No. 3, 2002 | |
| R. 27........................................ | am. No. 1, 1992; No. 1, 1996; No. 3, 2002 | |
| R. 28........................................ | am. No. 1, 1992; No. 1, 1993; No. 1, 1996 | |
| Part 3, Div. 2 (rr. 31–40,....... 43–53) | rep. No. 1, 1993 | |
| Part 3, Div. 2 (rr. 31–45)....... | ad. No. 1, 1993 | |
| Rr. 31, 32................................ | rs. No. 1, 1993 | |
| R. 33........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| am. No. 1, 1996 | ||
| Heading to r. 34.................... | am. No. 1, 1999 | |
| R. 34........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| am. No. 1, 1996; No. 1, 1999; Nos. 5 and 6, 2002 | ||
| R. 35........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| am. No. 1, 1999 | ||
| Heading to r. 36.................... | am. No. 1, 1999 | |
| R. 36........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| am. No. 1, 1999 | ||
| R. 37........................................ | rs. No. 1, 1993 | |
| am. No. 1, 1996; No. 1, 1999 | ||
| R. 38........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| Heading to r. 39.................... | am. No. 1, 1999 | |
| R. 39........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| am. No. 1, 1996; No. 1, 1999 | ||
| R. 40........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| R. 41........................................ | rep. No. 1, 1992 | |
| ad. No. 1, 1993 | ||
| am. No. 1, 1996; No. 1, 1999 | ||
| R. 42........................................ | rep. No. 1, 1992 | |
| ad. No. 1, 1993 | ||
| R. 42A..................................... | ad. No. 1, 1999 | |
| Heading to r. 43.................... | rs. No. 1, 1999 | |
| R. 43........................................ | rs. No. 1, 1993 | |
| am. No. 1, 1996; No. 1, 1999; No. 3, 2002 | ||
| R. 44........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| R. 45........................................ | rs. No. 1, 1993 | |
| am. No. 1, 1999 | ||
| R. 45A..................................... | ad. No. 1, 1999 | |
| rs. No. 3, 2002 | ||
| Div. 2A (rr. 46–53,................. 53A–53C) | ad. No. 1, 1993 | |
| R. 46........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| R. 47........................................ | rs. No. 1, 1993 | |
| am. No. 1, 1996 | ||
| R. 48........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| R. 49........................................ | rs. No. 1, 1993 | |
| R. 50........................................ | rs. No. 1, 1993 | |
| am. No. 1, 1996; No. 1, 1999; No. 6, 2002 | ||
| Heading to r. 51.................... | am. No. 1, 1999 | |
| Rr. 51, 52................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993; No. 1, 1996; No. 1, 1999 | ||
| R. 53........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1993 | ||
| R. 53A..................................... | ad. No. 1, 1993 | |
| am. No. 1, 1999 | ||
| R. 53B..................................... | ad. No. 1, 1993 | |
| R. 53C..................................... | ad. No. 1, 1993 | |
| am. No. 1, 1999 | ||
| R. 53D..................................... | ad. No. 1, 1999 | |
| rs. No. 3, 2002 | ||
| am. No. 5, 2002 | ||
| R. 54........................................ | am. No. 1, 1992; No. 1, 1996 | |
| R. 55........................................ | am. No. 1, 1992 | |
| R. 56........................................ | rs. No. 1, 1993 | |
| R. 59........................................ | am. No. 1, 1993; No. 1, 1996 | |
| R. 60........................................ | rs. No. 1, 1996 | |
| R. 61........................................ | am. No. 1, 1996; No. 1, 1999 | |
| R. 62........................................ | am. No. 3, 2002 | |
| R. 63........................................ | am. No. 1, 1996 | |
| Rr. 64, 65................................ | rs. No. 3, 2002 | |
| R. 67........................................ | am. No. 1, 1993; No. 1, 1996 | |
| R. 69........................................ | am. No. 1, 1993; No. 1, 1996; No. 3, 2002 | |
| R. 70........................................ | am. No. 1, 1993; No. 1, 1996 | |
| R. 70A..................................... | ad. No. 1, 1993 | |
| am. No. 1, 1996; No. 3, 2002 | ||
| R. 71........................................ | am. No. 1, 1996; No. 3, 2002 | |
| R. 72........................................ | am. No. 1, 1993; No. 1, 1996; No. 1, 1999 | |
| R. 73........................................ | am. No. 1, 1993; No. 1, 1996 | |
| R. 74........................................ | rs. No. 1, 1993; No. 1, 1996 | |
| R. 76........................................ | am. No. 1, 1993; No. 1, 1996 | |
| Rr. 78, 79................................ | am. No. 1, 1993; No. 1, 1996 | |
| rs. No. 3, 2002 | ||
| R. 80........................................ | am. No. 1, 1992 | |
| rs. No. 1, 1996; No. 3, 2002 | ||
| R. 81........................................ | am. No. 1, 1992; No. 1, 1993; No. 1, 1996 | |
| R. 82........................................ | am. No. 1, 1993 | |
| R. 87........................................ | am. No. 1, 1993 | |
| R. 89........................................ | am. No. 1, 1996 | |
| R. 91........................................ | am. No. 1, 1993; No. 1, 1996; No. 1, 1999; Nos. 3 and 6, 2002 | |
| R. 92........................................ | am. No. 1, 1992; No. 1, 1993; No. 4, 1994 | |
| rep. No. 1, 1996 | ||
| ad. No. 3, 2002 | ||
| R. 93........................................ | am. No. 1, 1993 | |
| rep. No. 1, 1996 | ||
| ad. No. 3, 2002 | ||
| R. 94........................................ | am. No. 1, 1992; No. 1, 1993 | |
| rs. No. 1, 1996 | ||
| Rr. 96A, 96B........................... | ad. No. 1, 1995 | |
| R. 97........................................ | rs. No. 3, 2002 | |
| R. 98........................................ | am. No. 1, 1993; No. 3, 2002 | |
| Note to r. 98 (5)..................... | ad. No. 3, 2002 | |
| R. 98A..................................... | ad. No. 3, 2002 | |
| R. 101..................................... | am. No. 1, 1992 | |
| R. 103..................................... | am. No. 1, 1992 | |
| R. 105..................................... | am. No. 3, 2002 | |
| R. 106..................................... | am. No. 1, 1999; No. 3, 2002 | |
| R. 107..................................... | rs. No. 3, 2002 | |
| R. 108..................................... | rep. No. 3, 2002 | |
| Rr. 109‑112............................ | rs. No. 3, 2002 | |
| Rr. 113, 114........................... | am. No. 3, 2002 | |
| R. 115..................................... | rs. No. 3, 2002 | |
| Rr. 116, 117........................... | am. No. 3, 2002 | |
| R. 118..................................... | rs. No. 3, 2002 | |
| R. 119..................................... | am. No. 3, 2002 | |
| Rr. 120, 121........................... | rs. No. 3, 2002 | |
| Rr. 122, 123........................... | am. No. 3, 2002 | |
| Rr. 124‑126............................ | rs. No. 3, 2002 | |
| R. 127..................................... | am. No. 3, 2002 | |
| R. 128..................................... | am. No. 1, 1992; No. 3, 2002 | |
| R. 129..................................... | rep. No. 3, 2002 | |
| R. 130..................................... | am. No. 1, 1993; No. 4, 1994 | |
| R. 131..................................... | am. No. 1, 1993 | |
| R. 135..................................... | am. No. 1, 1992; No. 1, 1993; No. 1, 1996; No. 1, 1999 | |
| R. 136..................................... | am. No. 1, 1992; No. 1, 1993; No. 1, 1996; No. 1, 1999 | |
| R. 138..................................... | am. No. 1, 1993; No. 1, 1996; No. 1, 1999 | |
| Part 8....................................... (rr. 140–169) | ad. No. 1, 2002 | |
| Rr. 140–147........................... | ad. No. 1, 2002 | |
| R. 148..................................... | ad. No. 1, 2002 | |
| rs. No. 3, 2002 | ||
| am. No. 4, 2002 | ||
| R. 149..................................... | ad. No. 1, 2002 | |
| am. Nos. 2 and 6, 2002 | ||
| R. 150..................................... | ad. No. 1, 2002 | |
| am. No. 6, 2002 | ||
| R. 151..................................... | ad. No. 1, 2002 | |
| am. Nos. 2 and 6, 2002 | ||
| Rr. 152–159........................... | ad. No. 1, 2002 | |
| R. 160..................................... | ad. No. 1, 2002 | |
| am. No. 6, 2002 | ||
| R. 161..................................... | ad. No. 1, 2002 | |
| am. Nos. 3, 5 and 6, 2002 | ||
| Rr. 162–169........................... | ad. No. 1, 2002 | |
| Div. 7 of Part 8....................... (r. 170) | ad. No. 6, 2002 | |
| R. 170..................................... | ad. No. 6, 2002 | |
| Schedule 1............................. | ad. No. 1, 1993 | |
| am. Nos. 2 and 3, 1995 | ||
| rs. No. 1, 1996; Act No. 35, 1996; No. 2, 1998; No. 1, 1999 | ||
| am. No. 1, 2001 | ||
| rs. No. 6, 2002 | ||
| Schedule 2 (first occurring) | ad. No. 6, 2002 | |
| Schedule 2 ............................ (second occurring) | ad. No. 1, 1993 | |
Table A Application, saving or transitional provisions
Regional Council Election Amendment Rules (No. 2) 1998
7 Application
7.1 The amendments made by these rules:
(a) have effect for the purposes of the first round of Regional Council elections held after the date of commencement of these rules; and
(b) take effect, for all other purposes, at the end of the election period in relation to the first round of Regional Council elections held after that date.
0
0
0