Elections Act Amendment Act 1985 (Qld)

1492 (!ueenstanb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGIN A E No 97 of 1985 An Act to amend the Elections Act 1983 in certain particulars [ASSENTED TO 13TH DECEMBER, 1985]

Elections Act Amendment Act 1985, No. 97 1493 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title . This Act maybe cited as the Elections Act Amendment Act 1985. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Principal -Act and citation as amended . (1) In this Act the Elections Act 1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Elections Act 1983-1985. 4. Amendment of s. 15. General rolls and supplemental rolls. Section 15 of the Principal Act is amended by, in subsection (5), omitting the expression "12" and substituting the expression "24". 5. Amendment of s. 17. Form of rolls. Section 17 of the Principal Act is amended by- (a) in subsection (1), omitting the word "The" and substituting the words "Subject to section 32A, the"; (b) inserting after subsection (2) the following subsection:- "(3) Notwithstanding subsection (2), copies of rolls for use by presiding officers on polling day shall, where a district is divided into electoral divisions, be printed as though the district were not so divided.". 6. Amendment of s. 18. Inspection of rolls . Section 18 of the Principal Act is amended by- (a) in subsection (1), inserting after the words "each roll" the words ", together with such lists of additions and deletions as are provided from time -to time by the principal electoral officer,"; (b) in subsection (2), inserting after the words "electoral registrar" the words "and every list of additions and deletions provided by the principal electoral officer". 7. Amendment of s. 23. Disqualifications . Section 23 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:- "(b) in the State or elsewhere, has been convicted of an offence, has been sentenced to imprisonment in respect of that offence for 6 months or longer, and is in prison serving that sentence.".

1494 Elections Act Amendment Act 1985. No. 97 8. New s. 27A. The Principal Act is amended by inserting after section 27 the following section:- "27A. Cards of identification . (1) A person who- (a) makes a claim to have his name placed on the applicable roll or divisional roll; or (b) has been enrolled on the applicable roll or divisional roll may make application addressed to the principal electoral officer for the issue to him of a card identifying him as a person enrolled under this Act. (2) The application shall be in the prescribed form and, together with the prescribed fee, shall be lodged in person by the applicant with the principal electoral officer or an electoral registrar who is a prescribed electoral registrar for the purpose of this section. (3) A prescribed electoral registrar shall forward the application, in a case where it is lodged with him, to the principal electoral officer. (4) On receipt of the application from the applicant or a prescribed electoral registrar, the principal electoral officer, if satisfied that the requirements of this section have been complied with, shall issue to the applicant a card of identification which shall be in the prescribed form and contain the prescribed particulars. (5) If an elector establishes to the satisfaction of the Minister that his card has been lost or destroyed, the Minister may authorize the issue by the principal electoral officer to the elector of a replacement card on payment by the elector of the prescribed fee.". 9. New s. 29A. The Principal Act is amended by inserting after section 29 the following section:- "29A. Arrangement with Commonwealth in respect of use of joint enrolment card , etc. (1) The Governor may arrange with the Governor-General of the Commonwealth for the operation in the State of a co-ordinated enrolment procedure in connexion with the enrolment of persons on the rolls of the State and the rolls of the Commonwealth applicable to the State for State and Commonwealth elections and, in relation thereto, for the use of a joint State and Commonwealth enrolment form. (2) The arrangement may provide for the enrolment form to be used also for the purpose of a transfer or change of name, change of address or change of other particulars. (3) Where an arrangement is entered into, it shall commence as an effective arrangement on and from a day specified in that respect by Order in Council; and the Governor in Council may, by such Order in Council published in the Gazette, declare that the arrangement shall commence on and from the day so specified therein.

Elections Act A mendment Act 1985, No. 97 1495 (4) An Order in Council made pursuant to this section and the arrangement to which it relates shall have effect notwithstanding anything in this Act. (5) A further Order in Council may be made terminating an arrangement under this section after a day specified in the Order in Council, and the arrangement shall be terminated at the end of the day so specified, but without prejudice to the making of a further arrangement under this section. (6) The joint enrolment form shall be in a form approved by the principal electoral officer and the Australian Electoral Officer for the State (hereinafter in this section referred to as "the approved form"). (7) While an arrangement is in operation pursuant to this section- (a) reference to the prescribed form in sections 26 (2), 28 (1) and 29 (1) shall be read as a reference to the approved form; (b) the signature of the claimant or applicant shall be witnessed in accordance with the requirements set forth in the approved form notwithstanding the provisions of section 26 (2), 28 (2) or 29 (2), as the case may be, (c) reference to an electoral registrar, a returning officer or the principal electoral officer in sections 26 (2), 28 (2), 29 (2), 32 (1), (2) and (3) and 35 (1) shall in each case be taken to include a reference also to a Commonwealth Electoral Officer, which term for the purposes of this section means- (i) the Australian Electoral Officer for the State; (ii) A Divisional Returning Officer; or (iii) an Assistant Divisional Returning Officer, being in each case an officer of the designation in question performing his functions pursuant to the Commonwealth Electoral Act 1918 (as amended) of the Commonwealth; (d) reference to an electoral registrar, a returning officer or the claimant in section 27 (2) shall be taken to include a reference also to a Commonwealth Electoral Officer; (e) reference to an electoral registrar, a returning officer or the applicant in sections 28 (4) and 29 (4) shall in each case be taken to include a reference also to a Commonwealth Electoral Officer; (f) reference to the electoral registrar or the returning officer in section 30 (1) and reference to an electoral registrar or a returning officer in section 30 (2) shall

1496 Elections Act Amendment Act 1985, No. 97 in each case be taken to include a reference also to a Commonwealth Electoral Officer; (g) reference to an electoral registrar, a returning officer or the claimant or applicant in section 31 (2) shall be taken to include a reference also to a Commonwealth Electoral Officer; (h) reference in section 32 to- (i) a form of claim in subsection (1); (ii) a form of application in subsection (2); (iii) the prescribed form in subsection (3) shall in each case be read as a reference to the approved form.". 10. Amendment of s. 31. Where claimant or applicant not living at address shown in claim or application . Section 31 of the Principal Act is amended by- (a) in subsection (2), omitting the words "upon receipt of the claim or" and substituting the words "in a case where he receives a claim or an"• (b) inserting after subsection (4) the following subsection:- "(4.A) (a) If the principal electoral officer has reason to believe, at any time after the name of and particulars relating to a claimant or an applicant have been entered on a roll, that the claimant or applicant was not living at the address shown on the claim or application at the time the claim or application was made, he shall submit the matter of the address of the claimant or applicant at the time in question to any officer, member or person referred to in subsection (2) and furnish to him the grounds for his belief and any other relevant papers or information. (b) The officer, member or person shall make such inquiries as he is able to make with respect to the address of the person enrolled at the time the claim or application was made and shall report the result of those inquiries to the principal electoral officer."; (c) omitting subsection (5) and substituting the following subsection:- "(5) If the principal electoral officer is satisfied pursuant to a report made under subsection (4A) that the person enrolled was not living at the address shown on the claim or application at the time the claim or application was made, he shall remove the name of and particulars relating to that person from the roll in question and shall notify that person, if practicable, and the electoral registrar with respect thereto in the manner prescribed; and the electoral registrar shall remove the name and particulars from the roll kept by him where they have been entered therein.".

Elections Act Amendment Act 1985, No. 97 1497 11. New s. 32A. The Principal Act is amended by inserting after section 32 the following section:- "32A. Request for certain particulars not to be shown on roll. (1) Where a person considers that having particulars relating to him shown on the divisional roll for the division or the roll for the district for which he is claiming or applying for enrolment would place the personal safety of himself or of members of his family at risk, he may lodge with the claim made pursuant to section 26 or the application made pursuant to section 28 or 29 a request, in the prescribed form, that the particulars relating to him other than his name not be entered on the divisional roll or roll for the division or district to which the claim or application relates. (2) Where- (a) particulars relating to a person are entered on the divisional roll for a division or the roll for a district; and (b) the person considers that having those particulars so shown places the personal safety of himself or of members of his family at risk, he may lodge with the principal electoral officer a request, in the prescribed form, that the particulars (other than his name) relating to him that are entered on that divisional roll or roll be deleted. (3) A request under subsection (1) or (2) shall give particulars of the relevant risk and shall be verified by statutory declaration by the person making the request or some other person. (4) Where- (a) a request has been made under subsection (1) or (2): and (b) the principal electoral officer is satisfied that having the particulars of the person ,making the request shown on the divisional roll or roll in question would place or places the personal safety of the person or members of the person's family at risk. the principal electoral officer- (i) in a case where the request has been made under subsection (1), shall not enter on the divisional roll or roll in question the particulars relating to the person other than his name; and (ii) in a case where the request has been made under subsection (2), shall delete the particulars relating to the person other than his name that are entered on the divisional roll or roll in question. (5) Where the principal electoral officer grants or refuses a request made by a person under subsection (1) or (2), he shall notify the person in writing of the decision.

1498 Elections Act Amendment Act 1985, No. 97 (6) Notwithstanding anything contained in section 36, where particulars are deleted from a roll in pursuance of subsection (4), the particulars so deleted shall be obliterated.". 12. Amendment of s. 33. Exculpation of physically disabled or mentally incapacitated persons . Section 33 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting the expression "(1)" before the words "Where the"; (b) inserting after subsection (I) the following subsection:- "(2) The principal electoral officer shall not be so satisfied unless he is in receipt of a certificate in the prescribed form completed and signed by a legally qualified medical practitioner certifying that in his opinion the person in question, by reason of physical disability or mental incapacity, is incapable of complying with the requirements of this Act with respect to compulsory enrolment, compulsory transfer or change of enrolment from one roll to another or compulsory voting.". 13. Amendment of s. 34. Alterations of rolls . Section 34 of the Principal Act is amended by- (a) in subsection (1). inserting after the words "principal electoral officer" occurring in paragraph (b) (v) the words ". in accordance with section 33."; (b) in subsection (2), omitting paragraph (f) and substituting the following paragraph:- "(f) by striking from that roll the name of any person enrolled where the principal electoral officer is satisfied pursuant to section 31 that that person was not living at the address shown on a claim made by him pursuant to section 26 or an application made by him pursuant to section 28 or 29 at the time the claim or application was made, and in respect of whom subsection (5) of section 31 requires the principal electoral officer to remove the name;". 14. New ss. 37A and 37B. The Principal Act is amended by inserting after section 37 the following sections:- "37A. Computer records relating to roll. (1) Where but for this subsection the principal electoral officer is required or permitted under this Act to record particulars (including make an annotation) in a written form on a roll, he may do so by recording or storing those particulars, or causing those particulars to be recorded or stored, on a mechanical, electrical or other device approved by the Minister. (2) Where the principal electoral officer is required or permitted under this Act to vary or remove particulars that, but for this section, would be on a roll but that have been recorded or stored in accordance with this section, he shall do so by

Elections Act Amendment Act 1985, No. 97 1499 varying or removing the particulars so recorded or stored or causing the particulars so recorded or stored to be varied or removed, as the case may be. (3) Without limiting section 18, where particulars are recorded or stored by virtue of this section, the principal electoral officer shall ensure that means are provided by which those particulars are available, without fee, for public inspection in a written form at his office at all convenient times during his ordinary office hours. (4) Where the principal electoral officer complies with a requirement under this Act to enter particulars on, vary particulars on, or remove particulars from, a roll by taking action in accordance with this section, he shall, for the purposes of this Act, including any provisions imposing obligations on him, be taken to have entered those particulars on the roll, varied those particulars or removed those particulars, as the case may be. (5) Section 36 does not apply to alterations of a roll made in pursuance of this section. 37B. Purchase of electoral roll data in electronic form. (1) Where particulars in respect of a roll are recorded or stored on a mechanical, electrical or other device approved by the Minister pursuant to section 37A, data in respect of that roll may be supplied to the member of the Legislative Assembly for the district in question by tape or disc or other electronic means approved by the Minister upon application in the prescribed form being made by the member to the principal electoral officer and payment of the price prescribed. (2) Data may be supplied to a member of the Legislative Assembly in the manner referred to in subsection (1) in respect of a roll upon application and payment as aforesaid although the member is not the member for the district in question in any case where- (a) he is the member for a district adjoining that district and in the same Zone as prescribed for the purpose of electoral distribution or redistribution in the State; and (b) the approval of the Minister is first had and obtained by the member in respect thereof. (3) The tape or disc or other electronic means of supply shall not contain any data additional to the data that, pursuant to this Act, may be set out in a printed roll in respect of the electors in question.

1500 Elections Act Amendment Act 1985, No. 97 (4) Save as is hereinbefore in this section provided, the tape or disc or other electronic means of supply shall be supplied on such terms and subject to such conditions as are prescribed.". 15. Amendment of s. 45. Vote by person not named as an elector on the roll . Section 45 of the Principal Act is amended by, in subsection (2), omitting paragraph (iii). 16. Amendment of s. 49 . Qualification of a candidate . Section 49 of the Principal Act is amended by omitting the words "qualified to be" where first occurring. 17. Amendment of s. 51. How person may become candidate . Section 51 of the Principal Act is amended by, in subsection (1), omitting the words "6 persons" and substituting the words -10 persons (other than himself)". 18. Amendment of s. 72. Restriction on entry to polling booth. Section 72 of the Principal Act is amended by, in subsection (1), inserting after paragraph (a) the following paragraph:- "(a 1) the returning officer, whether or not he is the presiding officer;". 19. New s. 82A. The Principal Act is amended by inserting after section 82 the following section:- "82A. Voting in vicinity of, but not in, polling booth by elector unexpectedly incapacitated . (1) Where an elector, although intending to vote in a polling booth on polling day, is on or shortly before polling day physically incapacitated to the extent that he is unable to enter a polling booth to vote but is able to bring himself or to be brought to a place or position in close proximity to a polling booth (hereinafter in this section referred to as "the voting place") by motor vehicle or any other means, he may make application in the prescribed form to the presiding officer at the polling booth in question before five o'clock in the afternoon of polling day to vote at the voting place. (2) An application so made shall be taken to be an effective application only if it reaches the presiding officer not later than five o'clock in the afternoon of polling day; and an elector who makes an application that reaches the presiding officer after that time is not entitled to vote under this section. (3) A person to whom an application is entrusted by an applicant for the purpose of delivery to the presiding officer shall deliver it to him forthwith. (4) The application shall be signed by the applicant with his own hand in the presence of, and shall be declared before and attested by, any elector.

Elections Act Amendment Act 1985, No. 97 1501 (5) Upon receipt of the application not later than five o'clock in the afternoon of polling day, the presiding officer, if satisfied that the application is properly signed by the applicant, is properly attested and is otherwise completed, shall as soon as practicable but not later than six o'clock in the afternoon of polling day take the vote of the elector at the voting place. (6) Where the name of the applicant is on the roll of electors entitled to vote for the district in which the polling booth is situated, the vote shall be referred to as an "incapacitated person's vote" and, where the applicant states in his application that his name is on the roll of electors entitled to vote for a district that is not the district in which the polling booth is situated, the vote shall be referred to as an "incapacitated person's absent vote". (7) If the applicant in his application states his name is on the roll of electors entitled to vote for the district in which the polling booth is situated and the presiding officer satisfies himself that the name is not on the roll, the presiding officer shall notify the applicant accordingly and shall not take his vote under this section. (8) As soon as practicable after a presiding officer has received an application under this section, he shall, if it is practicable to do so, notify a scrutineer of each candidate who has appointed a scrutineer of the application, of the voting place, and of the approximate time when the vote is to be taken. (9) One scrutineer only of each candidate is entitled to be present at the voting place when a vote is being taken under this section. (10) A person shall not, without lawful authority, prevent or attempt to prevent a scrutineer who is entitled to be present at the voting place when a vote is being taken under this section from being so present. (11) (a) A presiding officer- (i) may of his own motion if he thinks fit: and (ii) shall if thereunto required by a scrutineer upon grounds stated by that scrutineer (being in the case of the question numbered (3) set out hereunder in this subsection one or more of the grounds prescribed by this Act as disqualifying from voting the person to whom the question is required to be put) and warranting. in the opinion of the presiding officer. the putting thereof, put to any applicant before he votes and not afterwards any one or more of the following questions. namely:- (1) Is your name (A.. B.,) and does your name so appear in the roll for the electoral district of (here state the 52

1502 Elections Act Amendment Act 1985, No. 97 name of the electoral district for which the applicant states in his application that his name is on the roll)? (2) Have you already voted at any place at the present election for the electoral district of (here state the name of the electoral district in question) or any other electoral district? (3) Are you disqualified from voting for the reason that (here state the ground for this question)? (b) An applicant required to answer such questions, or any of them, shall not be permitted to vote until he has answered the same in writing signed by him to the satisfaction of the presiding officer. and in such a manner as to show that he is entitled to vote. (c) When the applicant required to answer the prescribed questions or any of them has done so in writing signed by him and otherwise satisfied the requirements of this subsection, he shall hand the form on which those questions are endorsed to the presiding officer and shall comply with the provisions of subsection (12) in relation to the completion of the prescribed form of certificate or declaration. as the case may be, and after he has, pursuant to subsection (13). fastened the envelope endorsed with the certificate or declaration, he shall hand it to the presiding officer who shall attach to the back thereof by gum or other suitable means the form on which the prescribed questions are endorsed. (d) Without derogating from any other provision of this section. if at the scrutiny the returning officer on producing unopened any envelope containing an incapacitated person's vote in respect of his district and any envelope containing an incapacitated person's absent vote in respect of his district pursuant to subsection (23)- (1) is not satisfied in every respect that, having regard to the provisions of this subsection, the applicant was entitled to vote, he shall reject that vote and endorse on the envelope that the vote is rejected pursuant to this subsection, whereupon the unopened envelope shall be dealt with as in the case of a disallowed vote under subsection (23); (ii) is satisfied in every respect that, having regard to the provisions of this subsection, the applicant was entitled to vote, he shall proceed in accordance with the provisions of subsection (23). (12) (a) The presiding officer shall hand to the applicant- (i) in the case of an incapacitated person's vote, the prescribed form of certificate endorsed on an envelope; (ii) in the case of an incapacitated person's absent vote, the prescribed form of declaration endorsed on an envelope.

Elections Act Amendment Act 1985, No. 97 1503 (b) The presiding officer shall not hand a ballot-paper to the applicant unless he has obtained from him- (i) in the case of an incapacitated person's vote, the envelope endorsed to his satisfaction with the certificate duly completed and signed by the applicant with his own hand in the presence of the presiding officer; (ii) in the case of an incapacitated person's absent vote, the envelope endorsed to his satisfaction with the answers to the questions thereon signed by the applicant with his own hand and the applicant has, in the presence and hearing of the presiding officer, declared that the answers to such. questions are true and that the signature is his. (c) Upon receipt of the envelope endorsed with the signed certificate or declaration, as the case may be, the presiding officer shall then and there fill in the correct date and attest the signature of the applicant. (d) The presiding officer shall write on a ballot-paper of the description and in the form prescribed for voting under this section. in compliance with the requirements of paragraphs (e) and (f) of subsection (2) of section 68, a list of the names of all the candidates if it does not contain a printed list of the names of such candidates. and shall then hand the ballot-paper to the applicant. (13) The applicant shall- (a) in the presence but not in the sight of the presiding officer or any other person vote in the manner prescribed: (b) then fold the ballot-paper so as to conceal the manner in which he has voted: (c) then obtain from the presiding officer the envelope endorsed with the certificate or declaration, as the case may be. place the folded ballot-paper therein. and fasten the envelope: (d) then hand the fastened envelope to the presiding officer. (14) (a) If an applicant to whom a ballot-paper has been handed under this section satisfies the presiding officer before he has placed the ballot-paper in the envelope and fastened the envelope in the manner prescribed that he has spoilt his ballot- paper by accident or mistake. he may, if the presiding officer thinks fit, on giving up the spoilt ballot-paper, be handed a new ballot-paper by the presiding officer in substitution for the spoilt one. (b) Before being handed a new ballot-paper, the applicant shall duly complete and sign a declaration in the prescribed form. endorsed upon an envelope, before the presiding officer

1504 Elections :pct .4mendnient Act 1985, No. 97 that the original ballot-paper has been spoilt by accident or mistake, as the case may be, and shall give such envelope endorsed with the prescribed declaration to the presiding officer with the spoilt ballot-paper. (c) Before handing the new ballot-paper to the applicant. the presiding officer shall place the spoilt ballot-paper in the envelope that is endorsed with the prescribed declaration, fasten the envelope and set it aside for separate custody. (15) A presiding officer shall. in respect of each district for which he has taken the vote of an applicant under this section, make a record in the prescribed form. (16) Any person present when an applicant is before a presiding officer for the purpose of voting under this section. shall- (a) obey all directions of the presiding officer: (b) except as provided in section 86- (i) refrain from making any communication whatever with the applicant in relation to his vote; (ii) refrain from assisting the applicant or in any manner interfering with him in relation to his vote; (iii) refrain from looking at the applicant's vote or from doing anything whereby he may become acquainted with the applicant's vote. (17) A person other than- (a) the applicant to whom a ballot-paper has been handed under this section; or (b) a person appointed by, or a presiding officer requested by, the applicant pursuant to section 86 shall not place any mark upon the ballot-paper. (18) A presiding officer shall not- (a) influence or attempt to influence in any way the vote of an applicant; (b) suffer or permit a person to influence or attempt to influence in any way the vote of an applicant or to otherwise interfere in any way with an applicant in relation to his vote; (c) look at or make himself acquainted with the vote given by an applicant or assist an applicant to vote except in the course of acting in accordance with a request by the applicant pursuant to section 86; (d) suffer or permit a person to see or become acquainted with the vote given by an applicant or to assist an applicant to vote except where that person is acting in accordance with an appointment made by the applicant pursuant to section 86. (19) A person shall not without lawful authority prevent or attempt to prevent a presiding officer from being present at the

Elections Act Amendment Act 1985, No. 97 1505 voting place for the purpose of taking the vote of an applicant or from otherwise exercising his powers or discharging his duties under this Act. (20) On his return to the polling booth after taking the vote of an applicant under this section, the presiding officer forthwith shall deposit the fastened envelope refered to in subsection (13) (d) in a ballot-box until he shall have dealt with it as hereinafter provided in this section. (21) Forthwith at the close of the poll the presiding officer shall deliver or cause to be sent or transmitted to the returning officer the envelopes containing votes recorded under this section. the applications relating to those votes and the records made by him pursuant to subsection (15). (22) When the returning officer for a district shall have received from each presiding officer for his district who has permitted votes under this section the envelopes, applications and records as aforesaid, he shall- (a) verify the number of votes permitted by each presiding officer: (b) separate the envelopes endorsed with a declaration from the envelopes endorsed with a certificate; (c) sort all of the envelopes endorsed with a declaration into separate bundles according to the districts for which those votes have been so taken; (d) enclose each bundle in respect of a district together with the application relating to each incapacitated person's absent vote and a form of notification as prescribed in an outer envelope and securely fasten the envelope: (e) transmit by post or otherwise every such outer envelope, properly addressed, to the returning officer of the district respectively for which the votes enclosed therein have been so taken: (f) inform each such returning officer, by telephone or other expeditious means, of the total number of votes permitted for his district. (23) (a) At the scrutiny the returning officer shall produce, unopened, all envelopes containing incapacitated persons' votes in respect of his district and all envelopes containing incapacitated persons' absent votes in respect of his district, taken under this section and received by him up to the end of the period of 14 days immediately following the close of the poll, and all applications relating to those votes. (b) The returning officer shall in each case, without opening the envelope endorsed with the certificate or the declaration, as the case may be, compare the signature of the certifier or the declarant on the envelope with the signature of the applicant on the application and allow each candidate or his scrutineer who

1506 Elections Act Amendment .Act 1985, No. 97 is present to inspect the same. and the returning officer shall determine whether the signature on such envelope is that of the applicant. (c) If the returning officer is satisfied that the applicant is enrolled and if the vote is allowed, he shall, before opening the envelope, place a mark against the name of the applicant in the roll used by him at the election in question and, after so doing, open the envelope containing the ballot-paper and, without then unfolding the ballot-paper, place it in a ballot-box. Forthwith upon so doing. he shall attach the envelope by gum or other suitable means to the application relating thereto. (d) Subject to section 89, a ballot-paper shall not be allowed at the scrutiny unless it is enclosed in an envelope endorsed in manner prescribed by this section. (e) If the returning officer disallows a vote, the unopened envelope and the application relating thereto shall be attached one to the other by gum or other suitable means and shall be set apart for separate custody. (24) When the returning officer shall have dealt with all the envelopes containing incapacitated persons' votes and incapacitated persons' absent votes taken under this section produced by him at the scrutiny at any one and the same time, he shall open the ballot-box and count in the manner prescribed such and so many ballot-papers recording those votes as he shall have placed therein: and shall so proceed in respect of even- such time until the day when all such votes permitted under this section shall have been received and dealt with by him or until the day when no further ballot-papers are to be counted. whichever sooner occurs: Provided that he shall reject any of those ballot-papers required by the provisions of section 103 to be rejected at the close of the poll. (25) Any person who contravenes or fails to comply with any of the provisions of this section is guilty of an offence. Penalty: $200 or imprisonment for 6 months.". 20. Amendment of s. 84 . Attendance before returning officer or prescribed electoral registrar to vote before polling day . Section 84 of the Principal Act is amended by- (a) omitting subsection (3); (b) inserting after subsection (15) the following subsection:- "(15A) A signature upon an envelope endorsed with the declaration of an elector voting pursuant to this section purporting to be the signature of a voter shall, upon a scrutiny, without further proof, be prima facie evidence that such voter voted at the election as an elector pursuant to this section.".

Elections Act Amendment Act 1985, No. 97 1507 21. Amendment of s. 85. Electoral visitor voting in cases of illness, etc. Section 85 of the Principal Act is amended by- (a) in subsection (1), omitting the words "immediately preceding" where twice occurring and substituting the words "that is two days before" in each case; (b) in subsection (12), omitting the words "immediately preceding" and substituting the words "that is two days before"; (c) in subsection (14), omitting paragraph (a) and substituting the following paragraph:- "(a) As soon as practicable after an electoral visitor has received a direction from the returning officer to visit any applicant or applicants under this section, the electoral visitor shall, where practicable- (i) notify each candidate for the district for which he has been appointed electoral visitor of the time or times on any specified day when he proposes. and the place from which he proposes, to commence making such a visit or visits; (ii) give such notification at least 24 hours before such time or times."; (d) inserting after subsection (31) the following subsection:- "(31A) A signature upon an envelope endorsed with the certificate or declaration of an applicant purporting to be the signature of a voter shall, upon a scrutiny, without further proof, be prima facie evidence that such voter voted at the election as an elector pursuant to this section.". 22. Amendment of s. 86 . Assistance to certain incapacitated voters. Section 86 of the Principal Act is amended by- (a) in subsection (2), inserting after the expression "82," the expression "82A,"; (b) inserting after subsection (3) the following subsection:- "(3A) The relevant officer, if specifically requested by a voter for whom any steps or things are being taken or done or who is being assisted in the taking or doing of any steps or things under the authority of subsection (2), shall state in accurate terms without comment or further elaboration the name of the political party in the interest of which each or any candidate is standing."; (c) in subsection (4). omitting the expression " subsection (2)" and substituting the words "this section". 23. Amendment of s. 87 . Postal voting . Section 87 of the Principal Act is amended by, in subsection (4), inserting after the words "in addition, any" the words "officer of an Australian Embassy or Consulate and any".

1508 Elections Act Amendment Act 1985, No. 97 24. Amendment of s. 88. Registration of certain electors as general postal voters . Section 88 of the Principal Act is amended by inserting after subsection (6) the following subsection:- "(6A) .A person shall not be registered as a general postal voter between the time of the issue of the writ for an election and polling day unless the application was received before five o'clock in the afternoon of the day on which the writ was issued.". 25. Amendment of s. 91 . Voting compulsory . Section 91 of the Principal Act is amended by- (a) in subsection (5). omitting the words "Within 6 months after polling day for an election, the principal electoral officer shall send by post to each" and substituting the words "The principal electoral officer, within 6 months after polling day for an election, may send by post to an"; (b) in subsection (9)- (i) inserting the word "and" after paragraph (a); (ii) omitting the word "election;" occurring in paragraph (b) and substituting the word "election."; (iii) omitting the word "and" occurring between paragraphs (b) and (c). (iv) omitting paragraph (c); (c) omitting subsections (17), (18), (19) and (20); (d) in subsection (21), omitting the words "performing the duty imposed" and substituting the words "exercising the power conferred". 26. Amendment of s. 93. Prohibition in respect of canvassing, etc., near or within place of voting . Section 93 of the Principal Act is amended by omitting all words commencing with the words "6 metres from any entrance" and ending with the words "where a vote is being cast for the election-" and substituting the words "any polling booth (which expression includes the grounds within the perimeter of the place appointed as the polling booth) or, where an entrance to a building that is or is part of the polling booth and within which- (a) a ballot-box is provided for the purpose of voting in respect of the election; or (b) a vote is being cast for the election is on the said perimeter or within 6 metres thereof, within 6 metres from that entrance-". 27. Amendment of s. 99. Returning officer to open sealed parcels transmitted by presiding officers, count the votes and re-seal each parcel. Section 99 of the Principal Act is amended by, in subsection (1), inserting after the words "scrutineers as may attend" occurring in paragraph (b) the words "(it being hereby declared that a candidate may not have more than one scrutineer in attendance)".

Elections Act Amendment Act 1985, No. 97 1509 28. Amendment of s. 145. Principles of trial . Section 145 of the Principal Act is amended by inserting after subsection (3) the following subsection:- "(4) If the opinion of the Tribunal differs from a returning officer's opinion referred to in paragraph (b) of section 103 (1) that a mark or writing referred to therein will or may enable any person to identify a ballot-paper or an elector, the Tribunal may substitute its opinion for that of the returning officer and may order that a vote rejected by the returning officer be counted.".