Torres Strait Regional Authority Election Rules 1996 (Cth)
Torres Strait Regional Authority Election Rules 1996
made under section 143G of the
Aboriginal and Torres Strait Islander Act 2005
Compilation No. 6
Compilation date: 15 April 2016
Includes amendments up to: Torres Strait Regional Authority Election Rules Amendment Instrument 2016
About this compilation
This compilation
This is a compilation of the Torres Strait Regional Authority Election Rules 1996 that shows the text of the law as amended and in force on 15/04/2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1Preliminary 1
1Name of Rules 1
2Interpretation 1
2ATSRA wards 3
2BTSRA ward boundaries 4
2CDesignated number for TSRA wards 5
3Electoral Commissioner may give directions 5
4Aboriginal and Torres Strait Islander liaison officers 5
5Liaison officer to be present during polling 6
Part 2Nominations 7
6Qualifications of person nominated 7
7Manner of nomination 7
8To whom nominations made 7
9Requirements for nomination 7
10Form of consent to act 8
11Rejection of nomination 8
12Place of nomination 8
13Day of nomination 8
14Hour of nomination 8
15Declaration of nominations 8
16Withdrawal of consent to nomination 9
17Where poll to be held 9
18Death of candidate after nomination 9
19Failure of election 9
Part 3Conduct of the election 10
Division 1General 10
20Persons not to vote more than once 10
21Photographs of candidates 10
22Undertaking by officers and scrutineers 10
23Ballot‑boxes to be securely fastened 10
24Official mark 10
Division 2Postal voting 11
25Grounds for applying for postal vote 11
26Application for postal vote 11
27Duty of an authorised witness 11
28Issue of postal voter cards and ballot‑papers 12
29Inspection of applications 12
30Form of postal voter cards 12
31Postal voting 12
32Unauthorised interference 14
33Procedure for dealing with postal voter cards etc 14
34Opening postal ballot‑papers 15
35Failure to post or deliver postal vote application or ballot‑paper 15
36Inducing elector to hand over marked ballot‑paper 15
36ACommencement of preliminary scrutiny of postal votes 15
37Conduct of preliminary scrutiny of postal votes 15
38Mistakes 18
39Correction of formal errors 18
39AFurther investigation of postal votes by a regional panel 18
Division 3Pre‑poll voting 19
40Grounds for applying for pre‑poll vote 19
41Pre‑polling voting officers 19
42Applying for a pre‑poll vote 19
43Place and time for applying 19
44Pre‑poll voting 20
45Form of pre‑poll voter card 21
46Record of issue of pre‑poll voting papers 22
47Opening of pre‑poll voting envelope 22
48Obligations of persons present when pre‑poll vote is cast 22
49Mistakes 22
50Correction of formal errors 23
50AFurther investigation of pre‑poll votes by a regional panel 23
Division 4The Poll 23
51Arrangements for polling 23
52Substitute 24
53Use of licensed premises as polling booth 24
54Separate voting compartments 24
55Ballot‑boxes 25
56Ballot‑papers 25
57Printing of ballot‑papers 25
58Determination of order on ballot‑papers 25
59Ballot‑papers to be initialled 26
60Scrutineers at the polling 26
61Provisions relating to scrutineers 26
62Persons present at polling 27
63Polling 27
64Where electors may vote 28
65Interpretation 28
66Mobile booths — hospitals 28
67Provisions related to rule 66 30
68Mobile booths — prisons 31
69Mobile booths 32
70Forwarding of votes 34
71Questions to ask voter 35
72Completion of voter card 35
73Objection by scrutineer 36
74Voter record 36
75Voting procedure 36
76Function of liaison officers 36
77Review by regional panel 37
78Elector to quit booth 38
79Assisting certain voters 38
80Spoilt ballot‑papers 39
81Marking of votes 40
82Adjournment of polling 40
83Adjournment in other cases 40
84Voting at adjourned polling 40
85When elections held in some wards only 40
Part 4The scrutiny 41
86Scrutiny 41
87Scrutineers 41
88Conduct of scrutiny 41
89Scrutiny of votes 41
89AComputerised scrutiny of votes 45
89BCombination of manual and computer scrutiny permitted 47
90Scrutiny of postal and pre‑poll ballot‑papers 47
91Action on objections to ballot‑papers 47
92Officers not to mark ballot‑papers so that voter can be identified 47
93Counting of votes 47
94Exhaustion of ballot paper 48
95Re‑count at elections 48
96Recount 48
96ASending ballot‑papers electronically 49
97Powers of officer conducting recount 50
98Reservation of disputed ballot‑papers 50
Part 5The declaration of the Poll 51
99Declaration of Poll 51
100Correction of errors 51
101Extension of time 51
Part 5ACasual Vacancies 52
Division 1Preliminary 52
101AInterpretation 52
101B Notice to TSRA 52
101CRequest to the Electoral Commissioner 52
101DElectoral Commissioner to fill casual vacancy 52
Division 2Recount of Votes 53
101ENotice to unsuccessful candidates 53
101FDeclaration by unsuccessful candidate 53
101GTime for receipt of declarations 54
101HRejection of declaration 54
101IWithdrawal of declaration 54
101JProceedings on declaration day 54
101KFurther action in relation to declarations 55
101LPublic notice of proceedings on declaration day 55
101MReturning officer to conduct recount 56
101NScrutineers at the recount 56
101OConduct of the recount 56
101PDeclaration of the recount 56
Division 3By-elections 57
101QConduct of by-elections 57
101RTiming of by-elections and location of polling places 57
Part 6Electoral offences 58
102Interpretation 58
103Officers and scrutineers to observe secrecy 58
104Bribery 58
105Interference with political liberty 59
107Officers not to influence vote 59
108Printing and publication of electoral advertisements, notices etc 59
109Misleading or deceptive publications etc 60
110False statements about enrolment 60
111Heading to electoral advertisements 61
112Authors of reports etc. to be identified 61
113Cards in polling booth 61
114Signature to electoral paper 62
115Witnessing electoral papers 62
116False certification 63
117Unlawfully marking ballot‑papers 63
118Other offences relating to ballot‑papers etc 63
119Prohibition of canvassing near polling booths 64
120Badges or emblems in polling booths 64
121Forging or uttering electoral papers 64
122Protection of the official mark 65
123Misconduct in polling booth 65
124Re‑entry after removal from booth 66
125Defamation of candidate 66
126Publication of matter regarding candidates 67
Part 7Miscellaneous 68
127Further elections 68
128Advice to electors not entitled to vote in respect of a ward 68
129Extension of time for acts by officers 68
130Proof of posting 68
131Storage and destruction of electoral papers 69
133Authorised official inquiry 69
134Collection of statistical information 70
135Delegation 70
Schedule 1Grounds on which to apply for postal or pre‑poll vote 71
Schedule 2 Procedure at the recount 73
Endnotes75
Endnote 1—About the endnotes 75
Endnote 2—Abbreviation key 76
Endnote 3—Legislation history 77
Endnote 4—Amendment history 78
Part 1 Preliminary
Name of Rules
These Rules are the Torres Strait Regional Authority Election Rules 1996.
Interpretation
(1) In these Rules, unless the contrary intention appears:
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.
casual vacancy means the vacancy in the TSRA left by a former member
Chairperson means the Chairperson of the TSRA.
collection district, of a particular number, means the area with that number shown on a map published by the Australian Bureau of Statistics on 24 August 2005.
compartment, in relation to a polling booth, means a compartment constructed in the polling booth in accordance with rule 54.
courier service means a service approved by the Electoral Commissioner that provides for the collection, at the request of a person using the service, of an article from a place in Australia specified by or on behalf of the person and the conveyance (whether by aircraft or otherwise) and delivery of the article to another place in Australia that is so specified.
day of nomination has the meaning given by rule 13.
Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19 of the Electoral Act.
election means an election for a member of the TSRA for a 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.
electoral paper means a paper, document, form or notice provided for or required under the Act or these Rules relating to an election
former member means an elected member of the Authority:
(a) who has died or resigned from the authority; or
(b) in relation to whom the Authority has made a declaration under subsection 143R (1), (1A) or (3) of the Act; or
(c) whom the Minister has removed from office under subsection 143S (5) or (6) or 143T (1) of the Act
hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.
hour of nomination has the meaning given by rule 14.
issuing point, in relation to a polling booth, means a place within the polling booth at which ballot‑papers are issued to persons voting at the booth.
liaison officer means an Aboriginal and Torres Strait Islander liaison officer appointed under rule 4.
nomination period means the period beginning 60 days before the day fixed for polling under section 142Y of the Act and ending at the hour of nomination.
officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, a Returning Officer, a presiding officer, an assistant presiding officer, a substitute presiding officer, an electoral visitor, a mobile polling team leader, a mobile polling team member, a senior liaison officer, a liaison officer and a pre‑poll voting officer.
place of nomination has the meaning given by rule 12.
polling booth means a polling booth provided under rule 51.
polling place means a place appointed as a polling place under section 142Z 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 28 (1).
pre‑poll vote means a vote cast before the close of the poll, by the voter attending in person at the office of the Returning Officer or of a pre‑poll voting officer.
pre‑poll voter card means a pre‑poll voter card issued under subrule 44 (1).
pre‑poll voting officer means a person appointed under rule 41.
registered medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.
Returning Officer means a person appointed under rule 3A.
Roll means an Electoral Roll under the Electoral Act.
senior liaison officer means a senior Aboriginal and Torres Strait Islander liaison officer appointed under rule 4.
special hospital means a special hospital declared under rule 66.
Subdivision has the same meaning as in the Electoral Act.
Territory means the Australian Capital Territory or the Northern Territory.
the Act means the Aboriginal and Torres Strait Islander Act 2005.
unsuccessful candidate, for a casual vacancy, means a person:
(a) who was nominated for election in the most recently held election for the electorate for which the former member was elected; and
(b) whose nomination was accepted by the returning officer for the most recently held election for the electorate for which the former member was elected; and
(c) whose nomination was not withdrawn or cancelled before the hour of nomination; and
(d) who was not elected.
voter card means a voter card in the approved form.
(2) Without limiting the generality of the definition of electoral matter in subsection (1), matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on:
(a) the election; or
(b) an issue submitted to, or otherwise before, the electors in connection with the election.
(3) For the purposes of these Rules a person is enrolled in respect of a ward if, at 5 pm 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.
(4) A reference in these Rules to a senior liaison officer is a reference to the person appointed by the Returning Officer to be the senior liaison officer for that election.
(5) A reference to a voter or an elector, in a provision of these Rules that creates an offence, includes a reference to a person who is not entitled to vote but attempts to do so.
2A TSRA wards
For paragraph 142TA (1) (a) of the Act, the following TSRA wards are specified:
(a) the Badu Island ward;
(b) the Bamaga ward;
(c) the Boigu Island ward;
(d) the Dauan Island ward;
(e) the Erub Island ward;
(f) the Hammond Island ward;
(g) the Iama Island ward;
(h) the Kubin ward;
(i) the Mabuiag Island ward;
(j) the Masig Island ward;
(k) the Mer Island ward;
(l) the Ngurapai and Muralag ward;
(m) the Port Kennedy ward;
(n) the Poruma Island ward;
(o) the Saibai Island ward;
(p) the Seisia ward;
(q) the St Pauls ward;
(r) the TRAWQ ward;
(s) the Ugar Island ward;
(t) the Warraber Island ward.
2B TSRA ward boundaries
For paragraph 142TA (1) (b) of the Act, this rule sets the boundaries for the TSRA wards mentioned in rule 2A.
Item
Ward
Boundary
1 Badu Island Boundary of collection district 3010201 2 Bamaga Boundary of collection district 3012805 3 Boigu Island Boundary of collection district 3010101 4 Dauan Island Boundary of collection district 3010102 5 Erub Island Boundary of collection district 3010110 6 Hammond Island Boundary of collection district 3010211 7 Iama Island Boundary of collection district 3010108 8 Kubin Boundary of collection district 3010208 9 Mabuiag Island Boundary of collection district 3010109 10 Masig Island Boundary of collection district 3010106 11 Mer Island Boundary of collection district 3010107 12 Ngurapai and Muralag Boundary of collection districts 3010210 and 3010206, excluding Goodes Island and Friday Island 13 Port Kennedy Boundary of collection districts 3010302 and 3010303 14 Poruma Island Boundary of collection district 3010209 15 Saibai Island Boundary of collection district 3010103 16 Seisia Boundary of collection district 3012801 17 St Pauls Boundary of collection district 3010207 18 TRAWQ Boundary of collection district 3010301 19 Ugar Island Boundary of collection district 3010111 20 Warraber Island Boundary of collection district 3010203 2C Designated number for TSRA wards
For paragraph 142TA (1) (c) of the Act, the designated number for each TSRA ward mentioned in rule 2A is 1.
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.
3A Returning Officer
Where:
(a) a TSRA election is required to be held under section 142Y of the Act; or;
(b) a casual vacancy occurs in a TSRA ward;
the Electoral Commissioner must appoint a person over the age of 18 years to be the Returning Officer for these Rules.
Aboriginal and Torres Strait Islander liaison officers
(1)Before polling commences in an election, the Returning Officer in consultation with the TSRA must appoint:
(a) persons to be Aboriginal and Torres Strait Islander liaison officers; and
(b) a person (not being a liaison officer) to be the senior Aboriginal and Torres Strait Islander liaison officer.
(2) A liaison officer or a senior liaison officer must:
(a) be an Aboriginal person or a Torres Strait Islander; and
(b) be over the age of 18 years; and
(c) reside in the Torres Strait area; 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 TSRA.
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 the TSRA unless duly nominated.
(2) To entitle a person to be nominated as a member of the TSRA, he or she must have the qualifications specified in section 142V of the Act.
Manner of nomination
(1) A nomination must:
(a) be in the approved form; and
(b) set out the name, occupation, place of residence and postal address of the candidate; and
(c) be signed by not less than 4 electors, other than the candidate, who are enrolled in respect of the ward for which the candidate is nominated.
(2) For the purposes of this rule, the name of a candidate includes:
(a) the surname, and at least one given name, under which the candidate is enrolled in respect of the ward; and
(b) if the candidate so wishes any other name, or nickname, by which the candidate is commonly known.
(3) A nomination must include a statement of the form in which the candidate’s name is to be printed on the ballot‑papers for the election.
(4) For the purposes of subrule (3), a commonly accepted variation of the candidate’s enrolled given name may be used if approved by the Returning Officer.
To whom nominations made
A nomination of a person for election as the member of the TSRA for a ward must be made to the Returning Officer.
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 under section 142V of the Act to stand for election; and
(B) that he or she is not, and does not intend to be, a candidate in any other election to be held on the same day as the election to which the nomination relates; and
(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 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 9 (a) (ii) is sufficient if he or she signs the form of consent and declaration at the foot of the nomination paper, but the Returning Officer receiving the nomination may accept any other form of consent and declaration, whether accompanying the nomination paper or not, that he or she deems satisfactory, and such acceptance is final.
Rejection of nomination
(1) Subject to subrule (2), a nomination must be rejected by the officer to whom it is made if, and only if, the provisions of rules 7, 8, 9 and 10 have not been complied with in relation to the nomination.
(2) No nomination is to be rejected by reason of any formal defect or error in the nomination if the officer to whom the nomination is made is satisfied that the provisions of rules 7, 8, 9 and 10 have been substantially complied with.
Place of nomination
The place of nomination is the office of the Returning Officer.
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 5 pm on the day of nomination.
Declaration of nominations
(1) The Returning Officer 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; 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 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 Returning Officer a notice of withdrawal, and thereupon the nomination is cancelled.
Where poll to be held
Where, under subsection 143A (2) of the Act, a poll is to be held, the proceedings in the election are, subject to the provisions of these Rules relating to voting before polling day, adjourned to polling day.
Death of candidate after nomination
If, after the nominations for an election have been declared and before polling day any candidate dies and only one candidate remains, that candidate must forthwith be declared to be elected.
Failure of election
An election is taken to have wholly failed if no candidate is nominated or returned as elected.
Part 3 Conduct of the election
Division 1 General
Persons not to vote more than once
An elector is not entitled to vote:
(a) more than once at any election; or
(b) at more than one election held on the same day.
Note For offences in relation to voting, see subrule 118 (1).
Photographs of candidates
(1) If, by the hour of nomination, a candidate provides a photograph of himself or herself to the Returning Officer, the 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 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 to the Returning Officer for a postal vote on a ground set out in Schedule 1.
Application for postal vote
(1)An application must:
(a) be in writing in the approved form; and
(b) contain a declaration by the applicant that he or she is entitled to apply for a postal vote; and
(c) be signed by the applicant in the presence of an authorised witness.
(2) An application must not be made until after the publication in the Gazette of a notice under subsection 142Y (2) of the Act in relation to the election.
(3) An elector must not make a false statement in:
(a) an application; or
(b) a declaration relating to an application.
Penalty: 10 penalty units.
(4) A person must not induce an elector to make a false statement in:
(a) an application; or
(b) a declaration relating to an application.
Penalty: 10 penalty units.
Duty of an authorised witness
(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: 10 penalty units.
(2) A person who signs as an authorised witness must write on the application the date on which he or she has signed it.
Issue of 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, the 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 Returning Officer.
(2) If the Returning Officer receives an application after the last mail clearance at the nearest post office on the last Thursday before polling day, the Returning Officer must not post a postal voter card or ballot‑paper to the applicant.
(3) Before posting a postal voter card and postal ballot‑paper, the Returning Officer must initial, in writing, the front of the ballot‑paper.
Inspection of applications
(1) If the Returning Officer issues a postal voter card and postal ballot‑paper, the Returning Officer must write the date of issue on the application to which they relate.
(2) Subject to subrule (3), all applications for postal votes received by the Returning Officer must be open to public inspection at his or her office during ordinary office hours:
(a) on and from the third day after polling day; and
(b) until the time when the election can no longer be questioned.
(3) Before making applications available for public inspection, the Returning Officer must remove from the applications the address of any person whose address has been excluded from the Roll under section 104 of the Electoral Act.
Form of postal 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 Returning Officer and seal the envelope;
(e) the elector must have the postal voter card certified by:
(i) an Aboriginal person or a Torres Strait Islander who is an office‑bearer of an Aboriginal or Torres Strait Islander Corporation; or
(ii) a member of the staff of the TSRA;
to the effect that the elector is an Aboriginal person or a Torres Strait Islander;
(f) 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;
(g) subject to subrule (6), the elector must post or deliver the outer envelope containing the postal voting papers to the Returning Officer.
(2) A person who is a candidate at an election must not certify a postal voter card under paragraph (1) (e).
(3) If the elector cannot read, or is so disabled that he or she is unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector:
(a) complete the postal 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 Returning Officer within 6 days after polling day; or
(b) if delivered to the Returning Officer — would be unlikely to reach him or her before the close of the poll;
the elector may take the steps set out in subrule (6).
(6) For subrule (5), the elector may:
(a) before the close of the poll:
(i) address the postal voting papers to the 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) The 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 33.
(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: 10 penalty units.
Procedure for dealing with postal voter cards etc
If a pre‑poll voting officer or a presiding officer receives an envelope and a postal voter card, he or she must:
(a) endorse on the envelope:
(i) ‘Received by me’; and
(ii) the date and time of receipt of the envelope; and
(b) sign the endorsement and add the words ‘Pre‑poll Voting Officer’ or ‘Presiding Officer’, as the case may be; and
(c) make a record of:
(i) the name of the voter; and
(ii) the name of the ward to which the postal voter card appears to relate; and
(d) until dealing with the envelope and postal voter card in accordance with paragraph (e), keep the envelope and postal voter card in a ballot‑box; and
(e) send:
(i) the envelope and postal voter card; and
(ii) the record;
to the 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 Returning Officer; or
(b) an officer acting on the direction of the Returning Officer.
Penalty: 10 penalty units.
Failure to post or deliver postal vote application or ballot‑paper
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: 10 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: 10 penalty units.
36A Commencement of preliminary scrutiny of postal votes
(1) The Returning Officer may begin a preliminary scrutiny of postal votes on the last Monday before the poll.
(2) However, the actions mentioned in paragraph 37 (4) (d) must not be taken before the close of the poll.
Conduct of preliminary scrutiny of postal votes
(1) The 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 pre‑poll voting officer or presiding officer have been dealt with in accordance with this rule.
(2) At the first preliminary scrutiny, the Returning Officer must produce:
(a) all applications for postal voter cards and postal ballot‑papers; and
(b) unopened — all envelopes containing postal votes; and
(c) all postal voter cards;
that he or she has received.
(3)At a subsequent preliminary scrutiny (if any), the 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;
that he or she has received and that have not previously undergone scrutiny.
(4) Subject to subrule (7), the Returning Officer must, in conducting a preliminary scrutiny:
(a) compare the signature of the elector on each postal 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 postal voter card has been certified under paragraph 31 (1) (e) and is 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 mentioned in subparagraph (b) (v):
(i) separate the envelope containing the ballot‑paper from the postal voter card; and
(ii) disallow the ballot‑paper without opening the envelope that contains it 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 to a senior liaison officer for further investigation under rule 39A; and
(d) separate the postal voter card from each envelope accepted for further scrutiny, placing the envelopes in one parcel and postal voter cards in another and then:
(i) seal the parcel of postal voter cards and endorse on the parcel a description of contents, the name of the ward to which the vote relates and the date; and
(ii) extract the ballot‑paper from inside each envelope separated from the postal voter card, without further examining the envelope or permitting anyone else to do so; and
(iii) place the extracted ballot‑papers by themselves in a ballot‑box for further scrutiny; and
(iv) place all those envelopes from which ballot‑papers have been extracted in another parcel, seal the parcel and endorse on the parcel a description of the contents, the name of the 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 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) When the Returning Officer proposes to conduct a preliminary scrutiny, he or she must:
(a) before 4.00 pm on the day before the day on which the scrutiny is to be conducted, prominently display at his or her office a notice setting out:
(i) the day on which; and
(ii) the time or times at which;
the scrutiny is to be conducted; and
(b) as far as is reasonably practicable — conduct the scrutiny accordingly.
(7) For the purpose of subparagraph (4) (b) (iv), an envelope that bears a postmark dated after polling day is taken to contain a vote that was not recorded before the close of the poll.
Mistakes
(1) A postal vote must not be rejected solely because only the surname, rather than the full name, of a candidate has been written on the ballot‑paper, if no other candidate has the same surname.
(2) If a voter’s intention is clear, the Returning Officer must not reject a vote solely because of a spelling mistake.
Correction of formal errors
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.
39A Further investigation of postal votes by a regional panel
(1) If a postal vote card is referred to a senior liaison officer under subparagraph 37 (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 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 Returning Officer.
(5) The 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 3 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 the Schedule.
Pre‑polling voting officers
The Returning Officer may appoint a person to be a pre‑poll voting officer for the purposes of these Rules.
Applying for a pre‑poll vote
(1) Application for a pre‑poll vote may be made to:
(a) the Returning officer; or
(b) a pre‑poll voting officer.
(2) An applicant must:
(a) apply in person; and
(b) tell the officer to whom he or she applies:
(i) the ward 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 the Returning Officer may be made only at his or her office during:
(a) ordinary office hours; or
(b) the hours of polling on polling day.
(2) An application to a pre‑poll voting officer may be made only:
(a) at a place declared by the Electoral Commissioner by notice published in the Gazette, to be a pre‑poll voting office; and
(b) on a day, and during the hours, fixed by the Electoral Commissioner by notice published in the Gazette.
(3) Application cannot be made after the close of the poll in the 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 back of the ballot‑paper.
(3) The following requirements for pre‑poll voting must be substantially given effect:
(a) the elector must sign the pre‑poll 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 have the pre‑poll voter card certified by:
(i) an Aboriginal person or a Torres Strait Islander who is an office‑bearer of an Aboriginal or Torres Strait Islander Corporation; or
(ii) a member of the staff of the TSRA or the Commission;
to the effect that the elector is an Aboriginal person or a Torres Strait Islander;
(ea) if not satisfied about a matter mentioned in paragraph (e), the issuing officer must:
(i) separate the envelope containing the ballot‑paper from the pre‑poll voter card; and
(ii) disallow the ballot‑paper without opening the envelope that contains it 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 to a senior liaison officer for further investigation under rule 50A;
(f) if paragraph (ea) does not apply, the issuing officer must:
(i) separate the pre‑poll voter card from the envelope that contains it and place the envelope in a ballot‑box; and
(ii) place the pre‑poll voter card 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 Returning Officer — forward the pre‑poll voter cards and envelopes to the Returning Officer according to his or her directions; or
(ii) if the issuing officer is the Returning Officer — deal with the pre‑poll voter cards and envelopes in accordance with Part 4;
(h) pre‑poll voter cards received by the Returning Officer must be open to public inspection at his or her office during ordinary office hours on and from the third day after polling day until the time when the election can no longer be questioned;
(i) before making a pre‑poll voter card available for inspection, the Returning Officer must remove from the pre‑poll voter card the address of any person whose address has been excluded from the Roll under section 104 of the Electoral Act.
(3A) A person who is a candidate at an election must not certify a pre‑poll voter card under paragraph (3) (e).
(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;
(e) have the pre‑poll voter card certified in accordance with paragraph (3) (e).
(5) Directions under subrule (4) may be given by reference to a how‑to‑vote card.
(6) An elector to whom a pre‑poll 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 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
A person other than:
(a) the Returning Officer; or
(b) an officer acting on the direction of the Returning Officer;
must not open an envelope containing a ballot‑paper on which a pre‑poll vote has been marked.
Penalty: 10 penalty units.
Obligations of persons present when pre‑poll vote is cast
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: 10 penalty units.
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, the Returning Officer must not reject a vote solely because of a spelling mistake.
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.
50A Further investigation of pre‑poll votes by a regional panel
(1) If a pre‑poll voter card is referred to a senior liaison officer under subparagraph 44 (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 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 Returning Officer.
(5) The 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 4 The Poll
Arrangements for polling
(1) If the proceedings on the day of nomination stand adjourned to polling day, the Returning Officer must immediately make all necessary arrangements for taking the poll and in particular must:
(a) provide and furnish proper polling booths and ballot‑boxes; and
(b) provide ballot‑papers and all necessary forms, envelopes and materials.
(2) If the proceedings on the day of nomination stand adjourned to polling day, the Returning Officer must immediately appoint a presiding officer to preside at each polling place and all necessary assistant presiding officers.
(3) In any emergency on polling day due to the absence of any assistant presiding officer or liaison officer, or to any unforeseen and continued pressure at the polling which cannot be met by the duly appointed officers, the presiding officer may appoint any person to act as assistant presiding officer or liaison officer and the person so appointed or acting is to be deemed to have been duly appointed if the Returning Officer afterwards ratifies the appointment by appointing that person to be assistant presiding officer or liaison officer, as the case may be.
(4) No person under the age of 18 years may be appointed to be a presiding officer or assistant presiding officer.
(5) Any assistant presiding officer may, subject to the direction of the presiding officer, exercise all or any of the powers of the presiding officer, and is, in respect of the exercise of those powers, to be taken to be the presiding officer.
Substitute
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 Returning Officer in accordance with rule 58; and
(b) where similarity in the names of two or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and
(c) a square must be printed opposite the name of each candidate.
Determination of order on ballot‑papers
Where under rule 57 a person is required to determine in accordance with this rule the order of the names of candidates on ballot‑papers to be used in an election:
(a) the person must, immediately after the 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 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) a member of the Australian Federal Police; or
(b) a member of the police force or service of a State or Territory; or
(c) a person authorised by the presiding officer 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.
(2) Nothing in this rule authorises an elector to vote more than once at any election.
Interpretation
In rules 66 and 67, patient, in relation to a hospital, does not include a person attending the hospital as an out‑patient.
Mobile booths — hospitals
(1) The Electoral Commissioner may, by notice published in the Gazette, declare the whole or a specified part of a hospital, to be a special hospital for the purposes of taking votes under this rule in a specified election.
(2) A Returning Officer may appoint electoral visitors and liaison officers for the purposes of this rule.
(3) An electoral visitor may make arrangements with an appropriate person, or appropriate persons, on the staff of a hospital (being a hospital the whole or part of which is a special hospital) for the votes of patients in the special hospital to be taken under this rule.
(4) Subject to rule subrule (6) and rule 67, where:
(a) arrangements are in force under subrule (3) in relation to a special hospital; and
(b) a patient in the special hospital is an elector; and
(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 take to the patient a ballot‑box, a ballot‑paper and such other things as are necessary to enable the vote of the patient to be taken.
(5)These Rules apply in relation to the taking of the vote of the patient as if, during the time when, for the purpose of enabling the vote of the patient to be taken, the electoral visitor is in the same room, ward or other place as the patient, that room, ward or other place were a part of a polling booth at a polling place.
(6) A visit or visits to a special hospital in accordance with subrule (4) must be made at such time or times between 8.00 o’clock in the morning and 6.00 o’clock in the afternoon and on such day or days, being any of the 5 days preceding polling day, polling day, or a day to which the polling is adjourned, as are determined by the Returning Officer in relation to the special hospital.
(7) At any time when an electoral visitor is visiting a special hospital for the purposes of this rule, the special hospital is, for the purposes of, and in connection with, the taking of votes under this rule, deemed to be a polling booth at a polling place and the electoral visitor is, for those purposes, deemed to be the presiding officer at that booth.
(8) Paragraph 63 (1) (a) does not apply to an electoral visitor after the first visit made by him or her for the purposes of this rule.
(9) At the end of the last visit made by an electoral visitor for this rule, he or she must, as soon as practicable and in the presence of a polling official and any scrutineers who may be in attendance:
(a) if the Returning Officer has directed the electoral visitor to do so:
(i) open each ballot‑box used by him or her for this rule; 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 Returning Officer; or
(b) in any other case — publicly close, fasten, seal and take charge of each ballot‑box and send each sealed ballot‑box, together with the voter cards corresponding to the envelopes in the ballot‑boxes, to the Returning Officer.
Provisions related to rule 66
(1) Notwithstanding any arrangement in force under rule 66, a visit under that rule to a patient in a hospital must not be made if the presiding officer, electoral visitor or liaison officer, as the case may be, is informed by a registered medical practitioner or a member of the staff of the hospital that such a visit is forbidden, on medical grounds, by a registered medical practitioner.
(2) Literature relating to an election may be supplied to the general office of a hospital to which rule 66 applies, and any literature so supplied must be made available on request to patients entitled to vote under that rule.
(3) An electoral visitor who visits a hospital under rule 66 may, at the request of an elector who is a patient in the hospital, give the elector literature, including how‑to‑vote cards, made available by candidates in the election.
(4) So far as is practicable, a vote under rule 66 is to be taken as if it were taken under the other provisions of these Rules (including such of those provisions as relate to absent voting) and, in particular, in the application of these Rules for the purposes of subrule 66 (4), these Rules have effect as if:
(a) a person who, with the approval of an appropriate person on the staff of the hospital, enters or remains in a room, ward or other place in the hospital at a time when, under that subrule, it is to be treated as if it were a part of a polling booth were, for the purposes of rule 62, doing so by permission of the presiding officer there present; and
(b) paragraph 75 (a) were omitted and the following paragraph were substituted:
‘(a) mark his or her vote on the ballot‑paper in a manner that ensures the secrecy of his or her vote;’; and
(c) rule 78 were omitted.
(5) Subrule 135 (1) applies in relation to a special hospital within the meaning of rule 66 as if:
(a) the reference in that subrule to polling day and to all days to which the polling is adjourned were a reference to the period commencing on the day of publication in the Gazette of the notice under subsection 142Y (2) of the Act and ending at the expiration of polling day or, if the polling is adjourned, the expiration of the last day to which the polling is adjourned; and
(b) the references in that subrule to a polling booth were references to the special hospital.
(6) Where a voter has voted under rule 66 in an election, any postal ballot‑paper received by the Returning Officer that is, or that purports to be, a postal ballot‑paper of the voter must not be admitted in the scrutiny in relation to the election.
(7) Where an arrangement is in force under rule 66, the Returning Officer must, before 4.00 o’clock in the afternoon on the day before the day, or before the first day, on which votes are to be taken under that section, cause to be prominently exhibited at his or her office a notice setting out the hospital to which the arrangement relates and the day or days on which, and the time or times at which, votes are proposed to be taken under rule 66.
(8) As far as is reasonably practicable, votes taken under rule 66 must be taken on the day or days and at the time or times specified in the relevant notice under subrule (6), but any failure to take those votes in that manner does not invalidate the result of the election.
Mobile booths — prisons
(1) The Electoral Commissioner may make arrangements with the Controller‑General of Prisons for a State or Territory for taking the votes of persons confined in prisons in the State or Territory.
(2) The Returning Officer may appoint electoral visitors and liaison officers for the purposes of this rule.
(3) If arrangements in force under subrule (1) are applicable to a prison, an electoral visitor must visit the prison for the purpose of taking the votes of persons confined in the prison.
(4) When visiting a prison, an electoral visitor must:
(a) take to the prison a ballot‑box, ballot‑papers and anything else necessary for taking votes at the prison; and
(b) subject to subrule (5), be accompanied by a liaison officer, a polling official and any scrutineers that wish to attend.
(5) A visit to a prison must be made:
(a) on the day; and
(b) at the time; and
(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, as soon as practicable and in the presence of the polling official and any scrutineers who are in attendance:
(a) if the Returning Officer has directed the electoral visitor to do so:
(i) open each ballot‑box used by him or her for this rule; 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 Returning Officer; or
(b) in any other case — publicly close, fasten, seal and take charge of each ballot‑box and send each sealed ballot‑box, together with the voter cards corresponding to the envelopes in those ballot‑boxes, to the Returning Officer.
(8) An electoral visitor who visits a prison may, at the request of an elector confined in the prison, give the elector literature including how‑to‑vote cards, made available by candidates in the election.
Mobile booths
(1)In this rule:
leader means a person appointed under this rule to be the leader of a team.
station means a place at which a visit is being made by a team under this rule.
team means a mobile polling team appointed under this rule.
(2) The Returning Officer may appoint persons to be members of mobile polling teams for the purposes of this rule and, in respect of each team, a person to be the leader.
(3) Each team must include a liaison officer.
(4) In relation to mobile polling, the provisions of this rule apply in addition to, and without derogation from, the application of any other provision of these Rules.
(5)The Returning Officer:
(a) may, subject to subrule (6), determine the places, days and times of visits to be made by a team for the purposes of this rule; and
(b) is to take such steps as he or she thinks fit to give public notice of those places, days and times.
(6)A day determined under subrule (5) is to be any of the 12 days preceding polling day, polling day, or a day to which the polling is adjourned.
(7) A team is to make a visit or visits as determined under subrule (5) but if, for reasonable cause, the team is unable, or the leader considers it inappropriate, to make such a visit, the leader may substitute another place, day or time for the visit and, if he or she does so, must:
(a) take such steps as he or she thinks fit to give public notice of the substituted place, day or time; and
(b) inform the Returning Officer.
(8) Any failure by a team to make a visit in accordance with this rule does not invalidate the result of the election.
(9) At any time when a team is at a station for the purposes of taking votes under this rule in an election:
(a) the team must have:
(i) ballot‑boxes, ballot‑papers and such other things as are necessary for the votes of voters to be taken at the station; and
(ii) the ‘how‑to‑vote’ cards (if any) supplied to it by the candidates; and
(b) every elector at the station is entitled to have his or her vote taken under this rule; and
(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 66) of these Rules (including such of those other provisions as relate to absent voting); and
(e) rule 135 applies as if the reference to polling day were a reference to the time of the visit.
Paragraph 63 (1) (a) does not apply to a leader after the first visit made by him or her for the purposes of this rule.
(11) At the end of the last visit made by a leader for this rule, he or she must, as soon as practicable and in the presence of a member of his or her team and any scrutineers who may be in attendance:
(a) if the Returning Officer has directed the leader to do so:
(i) open each ballot‑box used by him or her for this rule; 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 Returning Officer; or
(b) in any other case — publicly close, fasten, seal and take charge of each ballot‑box and send each sealed ballot‑box, together with the voter cards corresponding to the envelopes in those ballot‑boxes, to the Returning Officer.
Where a voter has voted under this rule in an election, any postal ballot‑paper received by the Returning Officer that is, or that purports to be, a postal ballot‑paper of the voter must not be admitted in the scrutiny in relation to the election.
Forwarding of votes
(1) A presiding officer must:
(a) place in a parcel all the envelopes which purport to contain the ballot‑papers of those voters who recorded votes at the polling place and all the envelopes handed in by persons who have cast postal votes, seal up the parcel and forthwith deliver it, or cause it to be delivered, to the Returning Officer; and
(b) forward to the Returning Officer advice in writing of the total number of envelopes enclosed in the parcel delivered or to be delivered to the Returning Officer.
(2) The Returning Officer must:
(a) extract the voter cards of persons who have cast absent votes from the records forwarded to him or her under rule 74 and subrules 66 (9), 68 (7) and 69 (11) and retain a copy of all such voter cards; and
(b) extract the envelopes of persons who have cast absent votes or postal votes from the ballot‑boxes forwarded to him or her under subrules 66 (9), 68 (7) and 69 (11); and
(c) extract the envelopes of persons who have cast absent votes or postal votes from the parcels forwarded to him or her under subrule (1); and
(d) until they are dealt with under other provisions of these Rules, keep the voter cards and envelopes in one or more securely fastened ballot‑boxes.
(3) The Returning Officer must:
(a) maintain a locked and sealed ballot‑box for each ward labelled so as to identify it as a ballot‑box containing absent votes, postal votes and pre‑poll votes; and
(b) keep in those ballot‑boxes, until the scrutiny, all envelopes purporting to contain a ballot‑paper recording an absent vote, a postal vote or a pre‑poll vote in relation to the wards, being, in the case of envelopes purporting to contain postal ballot‑papers, envelopes:
(i) delivered to the Returning Officer before the end of the period of 6 days after the close of the poll; or
(ii) received from a pre‑poll voting officer or a presiding officer where the envelope bearing the voter card bears evidence that it was received by the pre‑poll voting officer or presiding officer prior to the close of the poll.
(4) Before placing in the ballot‑box maintained under subrule (3) an envelope purporting to contain a postal ballot‑paper and delivered to the Returning Officer which is received after the close of the poll and which does not bear evidence sufficient to satisfy the Returning Officer that the vote contained in the envelope was recorded before the close of the poll, the Returning Officer must endorse on the envelope the date of its receipt and initial the endorsement.
Questions to ask voter
(1) The presiding officer must ask each person attending before him or her and claiming to vote in an election if they have voted before in the election.
(2)In addition to the question put under subrule (1) the presiding officer must ask each person claiming to vote as an absent voter in an election to identify the ward in respect of which the person is enrolled.
(3)A person’s claim to vote must be rejected if:
(a) the person refuses to answer fully any question put to him or her by the presiding officer; or
(b) the presiding officer establishes that the person has voted before in the election.
(4) If a person’s claim to vote is not rejected, the presiding officer must then hand to the person a voter card.
Completion of voter card
(1) Upon receiving a voter card, each voter must:
(a) insert his or her details on the voter card; and
(b) sign the voter card in the presence of the issuing officer; and
(c) give the voter card to the issuing officer for his or her signature.
(2) The issuing officer must:
(a) sign the voter card and write on it the date of his or her signing it; and
(b) separate the voter card from the voter card envelope; and
(c) hand to the voter the envelope and a ballot‑paper for the ward in respect of which the voter claims to be enrolled.
Objection by scrutineer
The presiding officer, at the request of a scrutineer, must note any objection by the scrutineer to the right of any person to vote and keep a record of the objection.
Voter record
(1) The particulars recorded on the voter cards completed at a polling place comprise the record of the name of each voter:
(a) who casts a vote at the polling place; and
(b) in the case of an absent voter — of the ward in respect of which the voter declares under rule 64 that he or she is enrolled.
(2) The voter cards completed at a polling place must, at the close of the poll, be forwarded to the Returning Officer.
(3) The presiding officer at a polling place must make a record of the name of each elector who casts a vote at the polling place and, in the case of an absent voter, of the ward in respect of which the elector declares under subrule 64 (1) that he or she is enrolled, and must, at the close of the poll, forward the record, duly certified by him or her, to the Returning Officer.
Voting procedure
Except as otherwise provided by these Rules, the voter upon receipt of the ballot‑paper must without delay:
(a) retire alone to some unoccupied compartment of the booth, and there, in private, mark his or her vote on the ballot‑paper; and
(b) fold the ballot‑paper so as to conceal his or her vote; and
(c) insert the ballot‑paper into the voter card envelope; and
(d) seal the voter card envelope; and
(e) present the envelope to the liaison officer present in the booth.
Function of liaison officers
(1)The liaison officer must decide whether, on the balance of probability, the voter who has presented him or her with their voter card envelope under paragraph 75 (e) is an Aboriginal person or a Torres Strait Islander.
(2) For the purposes of subrule (1), the liaison officer may ask each person who has presented him or her with their voter card envelope such questions as the liaison officer considers necessary to establish that the person is an Aboriginal person or a Torres Strait Islander.
(3) Where a liaison officer decides that a person who has presented him or her with their voter card envelope is not an Aboriginal person or a Torres Strait Islander the liaison officer must record the details in the Record of Liaison Officer’s Objections and sign the record.
(4) The liaison officer must then hand the envelope back to the voter who must deposit the envelope in the ballot box.
(5) Where the liaison officer records details under subrule (3), the liaison officer must advise the voter:
(a) that the voter may seek a review of the liaison officer’s decision by a regional panel assembled under subrule 77 (5); and
(b) of the procedures by which the review process can be instigated; and
(c) that the voter’s ballot‑paper will not be admitted to the scrutiny unless the regional panel decides that the voter is an Aboriginal person or a Torres Strait Islander.
131 Storage and destruction of electoral papers
(1) After the scrutiny for an election is completed, the officer who conducted the scrutiny must:
(a) parcel, in separate sealed parcels, the following classes of electoral papers received in relation to the election:
(i) ballot-papers;
(ii) voter cards;
(iii) postal voter cards; and
(iv) pre-poll voter cards; and
(b) ensure the safe custody of the electoral papers as parcelled until the Electoral Commissioner authorises their destruction.
(2) The Electoral Commissioner may authorise the destruction of the electoral papers only when:
(a) a notice is published in the Gazette under s 142Y(2) of the Act for the next election; and
(b) The electoral papers are no longer required by the Electoral Commission for exercising a function under the Act or these Rules.
133 Authorised official inquiry
(1) The Returning Officer may, if authorised by the Electoral Commissioner, open a parcel referred to in rule 132 and remove material from the parcel.
(2) Any material that has, under this rule, been taken out of a sealed parcel, may be retained by the Returning Officer or dealt with in the manner directed by the Electoral Commissioner.
(3) Where the purpose has been satisfied for which any material was, under this rule, taken out of a sealed parcel, the Returning Officer must:
(a) as soon as practicable, replace that material in the parcel from which it was taken and refasten and reseal that parcel; and
(b) by endorsement on the parcel state that the parcel had been opened by him or her and the purpose for which it had been opened.
(4) A Returning Officer who opens a sealed parcel under this rule must not mark, alter or in any way deface or permit any other person to mark, alter or deface, any document taken out of the parcel and is responsible for every such document being replaced in the same condition as when it was taken out.
Collection of statistical information
All electoral papers used at an election may, at any time after an election can no longer be questioned, be dealt with as necessary for the purposes of collecting statistical information required for the conduct of future elections.
134A Approved forms
(1) The Electoral Commissioner may approve forms for these Rules by notice published in the Gazette.
(2) If the Electoral Commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
Delegation
Where under these Rules a power or function is conferred on the Electoral Commissioner, the Electoral Commissioner may by notice in writing delegate that power or function to the Deputy Electoral Commissioner or a member of the staff of the Electoral Commission.
Schedule 1 Grounds on which to apply for postal or pre‑poll vote
(rules 25 and 40)
l. Throughout the hours of polling on polling day, the elector will not be in the ward for which he or she is enrolled.
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.
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.
The elector will be unable to attend a polling booth on polling day because of:
(a) serious illness; or
(b) infirmity; or
(c) approaching childbirth. (In the case of a elector who will be a patient at a hospital on polling day, this paragraph applies regardless of the operation of rule 66).
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.
7. Throughout the hours of polling on polling day, the elector will be a patient at a special hospital but will be unable to have his or her vote taken under rule 66.
8. Because of the elector’s religious beliefs or membership of a religious order, the elector:
(a) is precluded from attending a polling booth; or
(b) for the greater part of the hours of polling on polling day, is precluded from attending a polling booth.
9. On polling day, the elector (except an elector able to vote under rule 68) will be:
(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.
SCHEDULE 2 PROCEDURE AT THE RECOUNT
(Rule 101O)
1. (1) In this Schedule, unless the contrary intention appears:
ballot-papers of the former member means:
(a) if the former member obtained an absolute majority on first preferences—the ballot‑papers on which those first preferences are marked; or
(b) if the former member was elected after a transfer or transfers of ballot-papers—all the ballot‑papers counted to the former member at the time when he or she was elected.
continuing unsuccessful candidate means an unsuccessful candidate who:
(a) has made a declaration under rule 101F; and
(b) is not excluded from the recount.
(2) In this Schedule, unless the contrary intention appears, a word or phrase defined or used in Schedule 2A to the Act has the same meaning as in that Schedule.
2. For the recount:
(a) a number marked on a ballot‑paper is taken to express a preference for a candidate if it is part of a sequence of consecutive unrepeated numbers beginning with 1 marked on the ballot‑paper; and
(b) preferences expressed for:
(i) the former member; and
(ii) unsuccessful candidates who have not made a declaration under rule 101F;
must be disregarded; and
(c) the numbers on ballot‑papers that show preferences subsequent to those specified in paragraph (b) are taken to be altered accordingly.
3. For the recount, a continuing unsuccessful candidate has an absolute majority if, after any particular transfer conducted in the course of the recount, the number of votes credited to that candidate is more than 50% of the total number of votes credited at that stage of the recount to all the continuing unsuccessful candidates.
4. The returning officer must, at the time and place fixed for the recount, in the presence of the scrutineers in attendance (if any) and a person employed or engaged under Division 4 of Part II of the Commonwealth Electoral Act 1918:
(a) produce the ballot‑papers bearing votes credited to the former member; and
(b) deal with those ballot‑papers in accordance with this Schedule.
5. The ballot-papers of the former member must be transferred to the unsuccessful candidates who have made a declaration under rule 101F by transferring each of the former member’s ballot‑papers to the unsuccessful candidate for whom the highest available preference is shown on the ballot‑paper.
6. If an unsuccessful candidate who has made a declaration under rule 101F receives an absolute majority, that unsuccessful candidate must be declared to be elected.
7. If no unsuccessful candidate has an absolute majority after the process referred to in clause 5:
(a) the unsuccessful candidate with the fewest votes must be excluded; and
(b) each of his or her ballot‑papers must be transferred to the continuing unsuccessful candidate for whom the next available preference is shown on the ballot-paper.
8. If:
(a) after the process referred to in clause 5 or 7, 2 or more continuing unsuccessful candidates have an equal number of votes; and
(b) a further continuing unsuccessful candidate must be excluded;
the returning officer is to decide by lot which candidate is to be excluded.
9. If, after the process referred to in clause 7, no continuing unsuccessful candidate has received an absolute majority, the process described in clause 7 is to be repeated until:
(a) a continuing unsuccessful candidate has received an absolute majority of the votes of the former member; or
(b) there are only 2 continuing unsuccessful candidates.
10. If there are only 2 continuing unsuccessful candidates:
(a) the continuing unsuccessful candidate with the most votes must be declared to be elected; or
(b) if the continuing unsuccessful candidates have an equal number of votes—the returning officer is to decide by lot which candidate is to be elected.
11. A ballot-paper must be set aside as exhausted if, at any stage during the recount, it is found that the ballot‑paper expresses no preference for a continuing unsuccessful candidate.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| o = order(s) | |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | SLI = Select Legislative Instrument |
| (md not incorp) = misdescribed amendment | SR = Statutory Rules |
| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
| mod = modified/modification | SubPt = Subpart(s) |
| No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Torres Strait Regional Authority Election Rules | 19 Dec 1996 (see Gazette 1996, No. S504) | 19 Dec 1996 | |
| Torres Strait Regional Authority Election Amendment Rules 1999 (No. 1) | 16 Dec 1999 (see Gazette 1999, No. S626) | 16 Dec 1999 | — |
| Torres Strait Regional Authority Election Amendment Rules 2003 (No. 1) | 15 Dec 2003 (see Gazette 2003, No. S467) | 15 Dec 2003 | — |
| Torres Strait Regional Authority Election Amendment Rules 2008 | 12 Feb 2008 (see F2008L00371) | 13 Feb 2008 | — |
| Torres Strait Regional Authority Election Amendment Rule 2012 (No. 1) | 6 June 2012 (see F2012L01166) | 7 June 2012 | — |
| Torres Strait Regional Authority Election Rules Amendment Instrument 2016 | 14 April 2016 (see F2016L00507) | 15 April 2016 | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| R. 1................................... | rs. No. 1, 1999 am F2016L00507 |
| Note to R.1...................... | rep. F2016L00507 |
| R. 2................................... | am. No. 1, 1999; F2008L00371; No. 1, 2012; 2016L00507 |
| R. 2A................................ | ad. No. 1, 1999 |
| am. F2008L00371 | |
| rs. No. 1, 2012 | |
| R. 2B................................ | ad. No. 1, 2012 |
| R. 2C................................ | ad. No. 1, 2012 |
| R. 3A | ad. F2016L00507 |
| R. 4................................... | am. No. 1, 2012; F2016L00507 |
| Part 2 | |
| R. 6................................... | am. No. 1, 2012 |
| R. 7................................... | am. No. 1, 1999 |
| R. 8................................... | am. No. 1, 1999; No. 1, 2012 |
| R. 9................................... | am. No. 1, 1999 |
| R. 15................................. | rs. No. 1, 2003 |
| Part 3 | |
| Division 1 | |
| Note to r. 20.................... | ad. No. 1, 2003 |
| R. 21................................. | am. No. 1, 2003 |
| R.25 | am. F2016L00507 |
| Division 2 | |
| Heading to r. 28............. | am. No. 1, 1999 |
| R. 28................................. | am. No. 1, 1999; No. 1, 2003 |
| R. 29................................. | am. No. 1, 1999 |
| Heading to r. 30............. | am. No. 1, 1999 |
| R. 30................................. | am. No. 1, 1999 |
| R. 31................................. | am. No. 1, 1999; No. 1, 2003; No. 1, 2012; F2016L00507 |
| Heading to r. 33............. | am. No. 1, 1999 |
| R. 33................................. | am. No. 1, 1999 |
| R. 35................................. | am. No. 1, 1999 |
| R. 36A.............................. | ad. No. 1, 1999 |
| am. No. 1, 2003 | |
| Heading to r. 37............. | rs. No. 1, 1999 |
| R. 37................................. | am. No. 1, 1999; No. 1, 2003 |
| R. 39................................. | am. No. 1, 1999 |
| R. 39A.............................. | ad. No. 1, 2003 |
| Division 3 | |
| R. 40................................. | am F2016L00507 |
| R. 42................................. | am. No. 1, 1999 |
| R. 43................................. | am. No. 1, 1999 |
| R. 44................................. | am. No. 1, 1999; No. 1, 2003; No. 1, 2012; F2016L00507 |
| Heading to r. 45............. | am. No. 1, 1999 |
| R. 46................................. | am. No. 1, 1999 |
| R. 48................................. | am. No. 1, 1999 |
| R. 50................................. | am. No. 1, 1999 |
| R. 50A.............................. | ad. No. 1, 2003 |
| Division 4 | |
| R. 58................................. | am. No. 1, 1999 |
| R. 59................................. | am. No. 1, 2003 |
| R. 61................................. | rs. No. 1, 2003 |
| R. 62................................. | rs. No. 1, 2003 |
| R. 64................................. | am. No. 1, 1999 |
| R. 66................................. | am. No. 1, 2003 |
| R. 68................................. | am. No. 1, 2003 |
| R. 69................................. | am. No. 1, 2003 |
| R. 70................................. | am. No. 1, 1999 |
| R. 71................................. | am. No. 1, 1999 |
| R. 72................................. | am. No. 1, 1999 |
| R. 74................................. | am. No. 1, 1999 |
| R. 76................................. | am. No. 1, 2003 |
| R. 77................................. | rs. No. 1, 2003 |
| Heading to r. 85............. | am. No. 1, 1999 |
| R. 85................................. | am. No. 1, 1999 |
| Part 4 | |
| R. 89................................. | am. No. 1, 1999; No. 1, 2003; F2016L00507 |
| R. 89A.............................. | ad. No. 1, 2003; F2016L00507 |
| R. 89B.............................. | ad. No. 1, 2003 |
| R. 95................................. | rs. No. 1, 2003 |
| R. 96................................. | am. No. 1, 1999; No. 1, 2003 |
| Note to r. 96 (5).............. | ad. No. 1, 2003 |
| R. 96A.............................. | ad. No. 1, 2003 |
| Part 5 | |
| R. 101.............................. | am. No. 1, 1999 |
| Part 5A | |
| R. 101A............................ | ad. F2016L00507 |
| R. 101B............................ | ad. F2016L00507 |
| R. 101C........................... | ad. F2016L00507 |
| R. 101D........................... | ad. F2016L00507 |
| R. 101E............................ | ad. F2016L00507 |
| R. 101F............................ | ad. F2016L00507 |
| R. 101G........................... | ad. F2016L00507 |
| R. 101H........................... | ad. F2016L00507 |
| R. 101I............................. | ad. F2016L00507 |
| R. 101J............................ | ad. F2016L00507 |
| R. 101K............................ | ad. F2016L00507 |
| R. 101L............................ ...................................... ...................................... ...................................... ...................................... ...................................... ..... ad. F2016L00507 | ad. F2016L00507 |
| R. 101M........................... | ad. F2016L00507 |
| R. 101N........................... | ad. F2016L00507 |
| R. 101O........................... | ad. F2016L00507 |
| R. 101P............................ | ad. F2016L00507 |
| R. 101Q........................... | ad. F2016L00507 |
| R. 101R............................ | ad. F2016L00507 |
| Part 6 | |
| Note to r. 103.................. | ad. No. 1, 2003 |
| R. 104.............................. | am. No. 1, 2003 |
| R. 105.............................. | rs. No. 1, 2003 |
| R. 106.............................. | rep. No. 1, 2003 |
| R. 107.............................. | rs. No. 1, 2003 |
| R. 108.............................. | rs. No. 1, 2003 |
| R. 109.............................. | rs. No. 1, 2003 |
| R. 110.............................. | rs. No. 1, 2003 |
| R. 113.............................. | rs. No. 1, 2003 |
| R. 116.............................. | rs. No. 1, 2003 |
| R. 118.............................. | rs. No. 1, 2003 |
| am. No. 1, 2012 | |
| R. 119.............................. | rs. No. 1, 2003 |
| R. 122.............................. | rs. No. 1, 2003 |
| R. 123.............................. | rs. No. 1, 2003 |
| R. 124.............................. | rs. No. 1, 2003 |
| Note to r. 125 (2)............ | ad. No. 1, 2003 |
| Part 7 | |
| R. 127.............................. | am. No. 1, 1999; F2016L00507 |
| Heading to r. 128........... | am. No. 1, 1999 |
| R. 128.............................. | am. No. 1, 1999 |
| R. 131.............................. | am. No. 1, 1999 rs. F2016L00507 |
| R. 132.............................. | am. No. 1, 1999; rep F2016L00507 |
| R. 134.............................. | am. No. 1, 1999; F2016L00507 |
| Schedule 1 | |
| Heading to Schedule 1 | am. F2016L00507 |
| Schedule 1..................... | am. No. 1, 1999 |
| Schedule 2 | |
| Schedule 2..................... | ad. F2016L00507 |
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