Torres Strait Regional Authority Election Rules 2017 (Cth)
I, The Hon. Sen. Nigel Scullion, Minister of Indigenous Affairs, make the following Rules
Dated 18 September 2017
The Hon. Sen. Nigel Scullion
Minister of Indigenous Affairs
1 Name .............................................................................................................................. 1
2 Commencement............................................................................................................... 1
3 Authority......................................................................................................................... 1
4 Definitions....................................................................................................................... 1
5......... Interpretation................................................................................................................... 3
6 Schedules......................................................................................................................... 4
7 TSRA wards.................................................................................................................... 4
8 TSRA ward boundaries................................................................................................... 5
9 Designated number for TSRA wards.............................................................................. 6
10 Electoral Commissioner may give directions.................................................................. 6
11 Returning Officer............................................................................................................ 6
12 Aboriginal and Torres Strait Islander liaison officers..................................................... 6
13 Liaison officer to be present during polling.................................................................... 7
14 Qualifications of person nominated................................................................................ 8
15 Manner of nomination..................................................................................................... 8
16 To whom nominations made........................................................................................... 8
17 Requirements for nomination.......................................................................................... 8
18 Form of consent to act..................................................................................................... 9
19 Rejection of nomination.................................................................................................. 9
20 Place of nomination......................................................................................................... 9
21 Day of nomination........................................................................................................... 9
22 Hour of nomination......................................................................................................... 9
23 Declaration of nominations............................................................................................. 9
24 Withdrawal of consent to nomination........................................................................... 10
25 Where poll to be held.................................................................................................... 10
26 Death of candidate after nomination............................................................................. 10
27 Failure of election.......................................................................................................... 10
Division 1 General 11 28 Persons not to vote more than once............................................................................... 11
29 Photographs of candidates............................................................................................. 11
30 Undertaking by officers and scrutineers........................................................................ 11
31 Ballot‑boxes to be securely fastened............................................................................. 11
32 Official mark................................................................................................................. 11
Division 2 Postal voting 12 33 Grounds for applying for postal vote............................................................................ 12
34 Application for postal vote............................................................................................ 12
35 Duty of an authorised witness....................................................................................... 12
36 Issue of postal voter cards and ballot‑papers................................................................. 13
37 Inspection of applications.............................................................................................. 13
38 Form of postal voter cards............................................................................................. 13
39 Postal voting.................................................................................................................. 13
40 Unauthorised interference............................................................................................. 15
41 Procedure for dealing with postal voter cards etc......................................................... 15
44 Inducing voter to hand over marked ballot‑paper......................................................... 16
45 Commencement of preliminary scrutiny of postal votes............................................... 16
46 Conduct of preliminary scrutiny of postal votes........................................................... 16
47 Mistakes......................................................................................................................... 18
49 Further investigation of postal votes by a regional panel.............................................. 19
53 Place and time for applying........................................................................................... 20
55 Form of pre‑poll voter card........................................................................................... 22
59 Mistakes......................................................................................................................... 23
78 Provisions related to rule 77.......................................................................................... 29
79 Mobile polling booths — prisons.................................................................................. 30
80 Mobile polling booths................................................................................................... 31
81 Forwarding of votes....................................................................................................... 33
82 Questions to ask voter .................................................................................................. 34
83 Completion of voter card............................................................................................... 34
84 Objection by scrutineer................................................................................................. 34
85 Voter record................................................................................................................... 34
86 Voting procedure........................................................................................................... 35
87 Function of liaison officers............................................................................................ 35
88 Review by regional panel.............................................................................................. 36
89 Voter to quit booth........................................................................................................ 36
90 Assisting certain voters................................................................................................. 37
91 Spoilt ballot‑papers........................................................................................................ 38
92 Marking of votes........................................................................................................... 38
93 Adjournment of polling................................................................................................. 38
94 Adjournment in other cases........................................................................................... 38
95 Voting at adjourned polling........................................................................................... 39
96 When elections held in some wards only...................................................................... 39
97 Scrutiny......................................................................................................................... 40
98 Scrutineers..................................................................................................................... 40
99 Conduct of scrutiny....................................................................................................... 40
100 Scrutiny of votes............................................................................................................ 40
101 Computerised scrutiny of votes..................................................................................... 43
102 Combination of manual and computer scrutiny permitted............................................ 45
103 Scrutiny of postal and pre‑poll ballot‑papers................................................................ 45
104 Action on objections to ballot‑papers............................................................................ 45
105 Officers not to mark ballot‑papers so that voter can be identified................................ 46
106 Counting of votes.......................................................................................................... 46
107 Exhaustion of ballot paper............................................................................................. 46
108 Re‑count at elections..................................................................................................... 46
109 Recount.......................................................................................................................... 47
110 Sending ballot‑papers electronically............................................................................. 48
111 Powers of officer conducting recount........................................................................... 48
112 Reservation of disputed ballot‑papers........................................................................... 48
113 Declaration of Poll......................................................................................................... 49
114 Correction of errors....................................................................................................... 49
115 Extension of time........................................................................................................... 49
Division 1 Preliminary 50 116 Interpretation................................................................................................................. 50
117 Notice to TSRA............................................................................................................. 50
118 Request to the Electoral Commissioner........................................................................ 50
119 Electoral Commissioner to fill casual vacancy............................................................. 50
Division 2 Recount of Votes 51 120 Notice to unsuccessful candidates................................................................................. 51
121 Declaration by unsuccessful candidate.......................................................................... 51
122 Time for receipt of declarations.................................................................................... 52
123 Rejection of declaration................................................................................................. 52
124 Withdrawal of declaration............................................................................................. 52
125 Proceedings on declaration day..................................................................................... 52
126 Further action in relation to declarations....................................................................... 52
127 Public notice of proceedings on declaration day........................................................... 53
128 Returning Officer to conduct recount............................................................................ 53
129 Scrutineers at the recount.............................................................................................. 53
130 Conduct of the recount.................................................................................................. 54
131 Declaration of the recount............................................................................................. 54
Division 3 By-elections 54 132 Conduct of by-elections................................................................................................. 54
133 Timing of by-elections and location of polling places.................................................. 54
134 Interpretation................................................................................................................. 56
135 Officers and scrutineers to observe secrecy.................................................................. 56
136 Bribery........................................................................................................................... 56
137 Interference with political liberty.................................................................................. 57
138 Officers not to influence vote........................................................................................ 57
139 Printing and publication of electoral advertisements, notices etc................................. 57
140 Misleading or deceptive publications etc...................................................................... 58
141 False statements about enrolment.................................................................................. 58
142 Heading to electoral advertisements.............................................................................. 58
143 Authors of reports etc. to be identified.......................................................................... 59
144 Cards in polling booth................................................................................................... 59
145 Signature to electoral paper........................................................................................... 59
146 Witnessing electoral papers........................................................................................... 60
147 False certification.......................................................................................................... 60
148 Unlawfully marking ballot‑papers................................................................................. 61
149 Other offences relating to ballot‑papers etc.................................................................. 61
150 Prohibition of canvassing near polling booths.............................................................. 61
151 Badges or emblems in polling booths........................................................................... 62
152 Forging or uttering electoral papers.............................................................................. 62
153 Protection of the official mark....................................................................................... 62
154 Misconduct in polling booth.......................................................................................... 63
155 Re‑entry after removal from booth................................................................................ 63
156 Defamation of candidate............................................................................................... 64
157 Publication of matter regarding candidates................................................................... 64
158 Further elections............................................................................................................ 65
159 Advice to voters not entitled to vote in respect of a ward............................................. 65
160 Extension of time for acts by officers........................................................................... 65
161 Proof of posting............................................................................................................. 65
162 Storage and destruction of electoral papers................................................................... 66
163 Authorised official inquiry............................................................................................ 66
164 Collection of statistical information.............................................................................. 66
165 Approved forms............................................................................................................. 67
166 Delegation..................................................................................................................... 67
Torres Strait Regional Authority Election Rules 1996
Schedule 2 — Grounds on which to apply for postal or pre‑poll vote 69
This instrument is the Torres Strait Regional Authority Election Rules 2017.
This instrument commences on the day after the instrument is registered on the Federal Register of Legislation.
Note: The Register may be accessed at This instrument is made under under section 143G of the
Aboriginal and Torres Strait Islander Act 2005
In this instrument:
Act means theAboriginal and Torres Strait Islander Act 2005 .
approved form means a form that:a) is approved by the Electoral Commissioner in writing; and
b) has been published by the Electoral Commissioner.
authorised witness means a voter 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 65.
courier service means a service approved by the Returning Officer 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 21.
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.
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 TSRA:(a) who has died or resigned from the TSRA; or
(b) in relation to whom the TSRA 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 22.
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 means an officer referred to in section 4 of the Electoral Act.
place of nomination has themeaning given by rule 20.
polling booth means a polling booth provided under rule 62.
polling day means the day or days fixed for polling by the Minister under subsection 142Y(s) of the Act.
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 36 (1).
pre‑poll vote means a vote cast before the close of the poll, by the voter attending inperson at the office of the Returning Officer or of a pre‑poll voting officer.
pre‑poll voter card means a pre‑poll voter card in the approved form, issued under subrule 54 (1).
pre‑poll voting officer means a person appointed under rule 51.
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 11.
Roll means an Electoral Roll under the Electoral Act.
s enior liaison officer means a senior Aboriginal and Torres Strait Islander liaison officer appointed under rule 12.
special hospital means a special hospital declared under rule 77.
Subdivision has the same meaning as in the Electoral Act.
Territory means the Australian Capital Territory or the Northern Territory.
unsuccessful candidate, for a casual vacancy, means a person:(a) who was nominated for election in the most recently held election for the ward 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 ward 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 means a person who is entitled to vote in an election.
voter card means a voter card in the approved form.
(1) Without limiting the generality of the definition of electoral matter in section 4, 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 voters in connection with the election.
(2) 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, 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.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
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.
For paragraph 142TA (1) (b) of the Act, this rule sets the boundaries for the TSRA wards mentioned in rule 7.
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 |
For paragraph 142TA (1) (c) of the Act, the designated number for each TSRA ward mentioned in rule 7 is 1.
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.
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.
(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.
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 booth.
(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.
(1) A nomination must:
(a) be in the approved form; and
(b) set out the name, occupation, place of living and postal address of the candidate; and
(c) be signed by not less than 4 voters, 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.
A nomination of a person for election as the member of the TSRA for a ward must be made to the Returning Officer.
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 electronic mail or facsimile transmission, is received by the Returning Officer within the nomination period.
The consent of the person nominated to act if elected and the declaration referred to in subrule 17 (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.
(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 15, 16, 17 and 18 have been substantially complied with.
The place of nomination is the office of the Returning Officer.
The day of nomination is 31 days before the day or days fixed for the poll.
The hour of nomination is 5 pm on the day of nomination.
(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 living and address are obliterated; and
(b) must not read out the place of living of the person.
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, 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.
If, after the nominations for an election have been declared and before the fixed day or days for polling day any candidate dies and only one candidate remains, that candidate is to be declared to be elected at the declaration of Poll.
An election is taken to have wholly failed if no candidate is nominated or returned as elected.
A voter 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 149 (1).
(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.
(3) The photograph provided under subrule (l) must:
(c) be of a quality which will allow effective reproduction; and
(d) depict only the head and shoulders of the candidate.
(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.
Each ballot‑box must be capable of being securely fastened.
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.
A voter may apply to the Returning Officer for a postal vote on a ground set out in Schedule 2.
(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) A voter 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 a voter to make a false statement in:
(a) an application; or
(b) a declaration relating to an application.
Penalty: 10 penalty units.
(1) A person must not sign as an authorised witness to the signature of a voter on an application for a postal vote unless the person:
(a) is satisfied as to the identity of the voter; and
(b) has seen the voter 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 voter 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.
(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 top of the front of the ballot paper must be marked with the initials of the polling official who issued the ballot paper, or caused it to be issued.
(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.
A postal voter card and postal ballot‑paper must be in the approved form.
(1) Subject to subrule (8), the following requirements for postal voting must be substantially given effect:
(a) the voter must show his or her unsigned postal voter card and unmarked postal ballot‑paper to an authorised witness;
(b) the voter 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 voter 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 voter must have the postal voter card certified by an Aboriginal person or a Torres Strait Islander who is an office‑bearer of an Aboriginal or Torres Strait Islander Corporation to the effect that the voter is an Aboriginal person or a Torres Strait Islander;
(f) the voter 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 voter 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 voter cannot read, or experiences a disability, which means that he or she is unable to vote without assistance, a person chosen by the voter may, according to the directions of the voter:
(a) complete the postal voter card for him or her; and
(b) do for the voter 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 voter may take the steps set out in subrule (6).
(6) For subrule (5), the voter 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 41.
(8) In subrule (1), authorised witness, in relation to a particular election, does not include a candidate in the election.
Except at a voter’s request, a person must not:
(a) interfere with the voter 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.
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.
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.
If a person is entrusted by a voter, 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.
A person must not induce a voter to hand over to the person a postal ballot‑paper on which the voter has marked his or her vote.
Penalty: 10 penalty units.
(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 46 (4) (e) must not be taken before the close of the poll.
(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 (8), the Returning Officer must, in conducting a preliminary scrutiny:
(a) compare the signature of the voter on each postal voter card with the signature of the voter 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 voter 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 voter 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 39 (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
(d) 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 49; and
(e) 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), a voter 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 voter 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.
(6) 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.
(7) 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.
(8) 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.
(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.
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.
(1) If a postal vote card is referred to a senior liaison officer under subparagraph 46 (4) (d) (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 voter 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 voter 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 voter whether or not, having regard to the panel’s determination, the postal vote will be admitted for further scrutiny.
A voter may apply for a pre‑poll vote on a ground set out in Schedule 2.
The Returning Officer may appoint a person to be a pre‑poll voting officer for the purposes of these Rules.
(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.
(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 voter is enrolled.
(1) An officer to whom a voter properly applies for a pre‑poll vote (in this rule called the issuing officer) must issue to the voter:
(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 top of the front of the ballot‑paper.
(3) The following requirements for pre‑poll voting must be substantially given effect:
(a) the voter 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 voter 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 voter 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 to the effect that the voter is an Aboriginal person or a Torres Strait Islander;
(f) 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 49;
(g) if paragraph (f) 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 voter s;
(h) 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;
(i) 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;
(j) 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.
(4) A person who is a candidate at an election must not certify a pre‑poll voter card under paragraph (3) (e).
(5) If the voter cannot read, or experiences a disability, which means that he or she is unable to vote without assistance, a person chosen by the voter may do any of the following acts for the purposes of subrule (3) in accordance with the voter’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 voter’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).
(6) Directions under subrule (5) may be given by reference to a how‑to‑vote card.
(7) A voter 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.
A pre‑poll voter card must be in the approved form.
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.
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.
A person who is present when a voter 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 voter, must not:
(i) communicate with the voter in relation to his or her vote; or
(ii) assist or interfere with the voter in relation to the voter’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.
(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.
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.
(1) If a pre‑poll voter card is referred to a senior liaison officer under subparagraph 54 (3)(f) (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 voter 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 voter 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 voter whether or not, having regard to the panel’s determination, the pre‑poll vote will be admitted for further scrutiny.
(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 daydue 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.
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.
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.
Polling booths must have separate voting compartments, constructed so as to screen the voter s from observation while they are marking their ballot‑papers, and each voting compartment must be furnished with a pencil for the use of voters.
Each polling booth must be provided with the necessary ballot‑boxes.
(1) Ballot-papers are to be in an approved form.
(2) Ballot‑papers must be printed on white paper and must use black type face of a kind ordinarily used in Commonwealth Government publications.
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 69; 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.
Where under rule 68 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.
No ballot paper is to be delivered to any voter without being first initialled on the top of the front of the ballot paper by the issuing officer and an exact account is to be kept of all initialled ballot papers.
(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.
(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.
(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 a voter 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).
(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 8.00am and must not close until all voters present in the polling booth at 6.00pm and desiring to vote, have voted;
(c) the doors of the polling booth must be closed at 6.00pm 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 voters 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.
(1) On polling daya voter 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 a voter to vote more than once at any election.
In rules 77 and 78, patient, in relation to a hospital, does not include a person attending the hospital as an out‑patient.
(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 78, where:
(a) arrangements are in force under subrule (3) in relation to a special hospital; and
(b) a patient in the special hospital is a voter; 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 8.00am and 6.00pm 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 74 (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.
(1) Notwithstanding any arrangement in force under rule 77, 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 77 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 77 may, at the request of a voter who is a patient in the hospital, give the voter literature, including how‑to‑vote cards, made available by candidates in the election.
(4) So far as is practicable, a vote under rule 77 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 77 (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 73, doing so by permission of the presiding officer there present; and
(b) paragraph 86 (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 89 were omitted.
(5) Subrule 150 (1) applies in relation to a special hospital within the meaning of rule 77 as if:
(a) the reference in that subrule to polling dayand 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 dayor, 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 77 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 77, the Returning Officer must, before 4.00 pm 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 77.
(8) As far as is reasonably practicable, votes taken under rule 77 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.
(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 a voter confined in the prison, give the voter literature including how‑to‑vote cards, made available by candidates in the election.
(1) In this rule:
leader means a person appointed under this rule to be the leader of a team.
booth 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 booth 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 booth; and
(ii) the ‘how‑to‑vote’ cards (if any) supplied to it by the candidates; and
(b) every voter at the booth 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 booth 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 77) of these Rules (including such of those other provisions as relate to absent voting); and
(e) rule 154 applies as if the reference to polling daywere a reference to the time of the visit.
(10) Paragraph 74 (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.
(2) If a declaration is withdrawn under subrule (1), the unsuccessful candidate must not be included in the recount.
(3) A notice under this rule must be given or sent to the Returning Officer:
(a) by hand; or
(b) by post; or
(c) by electronic mail or facsimile transmission.
At 12.00 noon on declaration day the Returning Officer must:
(a) attend at the address specified under paragraph 120 (1) (c); and
(b) produce all declarations received from unsuccessful candidates under rule 121; and
(c) announce the names and places of residence of those unsuccessful candidates.
(1) If no unsuccessful candidate has made a declaration, the Electoral Commissioner must notify the TSRA in writing that he or she cannot proceed with the filling of the casual vacancy by recounting votes.
(2) If only 1 unsuccessful candidate has made a declaration, the Returning Officer must declare that unsuccessful candidate to be elected.
(3) If more than 1 unsuccessful candidate has made a declaration, a recount must be held.
(4) If the TSRA receives a notice from the Electoral Commissioner under subrule (1) or subrule 119 (3), the TSRA must notify the Minister that the vacancy cannot be filled by recounting votes.
(5) If the Returning Officer declares a candidate to be elected under subrule (2), the Returning Officer must, as soon as practicable after 12.00 noon on declaration day:
(a) make and sign a statement setting out the name of the person elected; and
(b) give a copy of the statement to the Electoral Commissioner.
(6) As soon as practicable after receiving the statement, the Electoral Commissioner must give a copy of the statement to the TSRA.
(1) As soon as practicable after declaration day, the Returning Officer must arrange for a statement of the proceedings on declaration day to be published in a newspaper circulating in the ward for which the former member was elected.
(2) The statement must set out:
(a) the names and places of residence of the unsuccessful candidates (if any) from whom declarations have been received; and
(b) the further action taken, or to be taken, under subrule 126 (1), (2) or (3).
If a recount is to be held, the Returning Officer must proceed to a recount of the votes cast in the most recently held election for the ward for which the former member was elected as soon as practicable after 12.00 noon on declaration day.
(1) Each unsuccessful candidate whose name is included in the recount may appoint scrutineers to represent him or her at the recount.
(2) An unsuccessful candidate is not entitled to be represented at the recount by a number of scrutineers that is greater than the number of officers engaged in the recount.
(3) An appointment of a scrutineer must:
(a) be made in writing signed by the unsuccessful candidate; and
(b) state the name and address of the scrutineer; and
(c) be given or sent to the Returning Officer:
(i) by hand; or
(ii) by post; or
(iii) by electronic mail or facsimile transmission.
(4) Every scrutineer must sign an undertaking in the approved form.
(5) All proceedings at the recount must be open to the inspection of the scrutineers.
The Returning Officer must conduct the recount in accordance with Schedule 3.
(1) As soon as practicable after the result of the recount has been decided, the Returning Officer must:
(a) make and sign a statement setting out the result of the recount and the name of the person elected; and
(b) give a copy of the statement to the Electoral Commissioner; and
(c) arrange for a copy of the statement to be published in a newspaper circulating in the ward for which the former member was elected.
(2) As soon as practicable after receiving the statement, the Electoral Commissioner must give a copy of the statement to the TSRA.
(1) If the TSRA notifies the Minister under subrule 126 (4) that the Electoral Commissioner cannot proceed with the filling of a casual vacancy by recounting votes, a by-election must be held to fill the casual vacancy, unless the vacancy arises in a calendar year in which an election is to be held.
(2) The by-election must be conducted in accordance with these Rules as in force on the day on which the notice is published in the
Gazette under subrule 133 (2) as if the by-election were an election for the ward for which the former member was elected.
(1) The Minister must, by notice, fix a day or days for polling in a by-election.
(2) The Minister must issue the notice:
(a) within a period of not more than 12 months after the casual vacancy arises; and
(b) subject to subrule (3), before the beginning of the year in which the next election is to be held.
(3) If it is not possible to issue the notice before the beginning of the year in which the next election is to be held, the Minister must issue the notice as soon as practicable after the beginning of the year.
(4) The Minister must publish a copy of the notice in the
Gazette at least 60 days before the day, or the first of the days, fixed in the notice.(5) The Electoral Commissioner must, by notice, appoint by name the polling places he or she considers necessary for the by-election.
(6) The Electoral Commissioner must give a copy of the notice to the TSRA at least 14 days before the day, or the first of the days, fixed under subrule (1).
In this Part,
relevant period , in relation to an election under these Rules, means the period commencing on the publication in theGazette of the notice under subsection 142Y (2) of the Act and expiring at the latest time on polling dayat which a voter could enter a polling booth for the purpose of casting his or her vote in the election.
A person who is, or has been, an officer or a scrutineer must not, except for the purposes of Part 4, either directly or indirectly, divulge or communicate any information with respect to the vote of a voter acquired by him or her in the performance of his or her functions, or in the exercise of his or her powers, under these Rules in a manner that is likely to enable the identification of the voter.
Penalty: 10 penalty units.
Note A defendant bears an evidential burden in relation to the exception in rule 135 (see subsection 13.3 (3) of theCriminal Code ).
(1) A person must not ask for, receive or obtain, or offer or agree to ask for, or receive or obtain, any property or benefit of any kind for himself or herself or any other person, on an understanding that:
(a) any vote of the first‑mentioned person; or
(b) any candidature of the first‑mentioned person; or
(c) any support of, or opposition to, a candidate by the first‑mentioned person; or
(d) the doing of any act or thing by the first‑mentioned person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of a voter;
will, in any manner, be influenced or affected.
Penalty: 10 penalty units.
(2) A person must not, with the intention of influencing or affecting:
(a) any vote of another person; or
(b) any candidature of another person; or
(c) any support of, or opposition to, a candidate by another person; or
(d) the doing of any act or thing by another person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of a voter;
give or confer, or promise or offer to give or confer, any property or benefit of any kind to that other person or to a third person.
Penalty: 10 penalty units.
(3) This rule does not apply in relation to a declaration of public policy or a promise of public action.
A person must not engage in conduct that interferes with the free exercise or performance, by another person, of a political right or duty that is relevant to an election under these Rules.
Penalty: 10 penalty units.
A person who is an officer must not engage in conduct with the intention of influencing the vote of another person.
Penalty: 10 penalty units.
(1) A person must not print, publish or distribute or authorise to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice unless:
(a) the name and address (not being a post‑office box) of the person who authorised the electoral advertisement, handbill, pamphlet or notice appears at the end of it; and
(b) for an electoral advertisement, handbill, pamphlet or notice that is printed otherwise than in a newspaper — the name and place of business of the printer appears at the end of it.
Penalty: 10 penalty units.
(2) Subrule (l) does not apply to a car sticker, T‑shirt, lapel button, lapel badge, pen, pencil or balloon.
Note A defendant bears an evidential burden in relation to the exception in subrule (2) (see subsection 13.3 (3) of theCriminal Code ).
(3) In this rule:
electoral advertisement, handbill, pamphlet or notice means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting.
(1) A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, or authorise to be printed, published or distributed, anything that is likely to mislead or deceive a voter in relation to the casting of his or her vote.
Penalty: 10 penalty units.
(2) A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, or authorise to be printed, published or distributed, an advertisement, handbill, pamphlet or notice that contains a representation or purported representation of a ballot‑paper for use in that election that is likely to induce a voter to mark his or her vote otherwise than in accordance with the directions on the ballot‑paper.
Penalty: 10 penalty units.
(3) In a prosecution of a person for an offence against subrule (1), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the thing was likely to mislead a voter in relation to the casting of his or her vote.
Note A defendant bears a legal burden in relation to the defence in subrule (3) (see section 13.4 of theCriminal Code ).
(4) In a prosecution of a person for an offence against subrule (2), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the representation or purported representation was likely to induce a voter to mark his or her vote otherwise than in accordance with the directions on the ballot‑paper.
Note A defendant bears a legal burden in relation to the defence in subrule (4) (see section 13.4 of theCriminal Code ).(5)In this rule:
publish includes publish by radio or television.
A person commits an offence if the person, on polling day:
(a) makes a statement to a voter, either orally or in writing, about the enrolment of the voter; and
(b) knows that the statement is false or misleading in a material respect.
Penalty: 10 penalty units.
The proprietor of every newspaper must cause the word ‘advertisement’ to be printed as a headline in letters not smaller than 10 point or long primer to each article or paragraph in his or her newspaper containing electoral matter, the insertion of which is or is to be paid for or for which any reward or compensation or promise of reward or compensation is or is to be made.
Penalty:
(a) if the offender is a natural person — 5 penalty units; or
(b) if the offender is a body corporate — 10 penalty units.
(1) A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, or cause, permit or authorise to be printed, published or distributed, a newspaper, circular, pamphlet or dodger containing an article, report, letter or other matter containing electoral matter unless the author’s name and address, or the authors’ names and addresses, as the case may be, are set out at the end of the article, report, letter or other matter, or where part only of the article, report, letter or matter appears in any issue of a newspaper, circular, pamphlet or dodger, at the end of that part.
Penalty:
(a) if the offender is a natural person — 5 penalty units; or
(b) if the offender is a body corporate — 10 penalty units.
(2) This rule does not apply to the publication in newspaper of:
(a) a leading article; or
(b) an article that consists solely of a report of a meeting and does not contain electoral matter, other than comment made by a speaker at the meeting.
(3) In this rule,
address does not include a post‑office box.
(1) A person must not, except for rule 73, display or leave in a polling booth a card or paper having on it a direction or instruction as to how a voter should vote or as to the method of voting.
Penalty: 5 penalty units.
(2) This rule does not apply to an official instruction displayed by proper authority at a polling booth.
Note A defendant bears an evidential burden in relation to the exception in subrule (2) (see subsection 13.3 (3) of theCriminal Code ).
(1) Every electoral paper which under these Rules has to be signed by any person must be signed by that person with his or her personal signature.
(2) Where a person who is unable to sign his or her name in writing makes his or her mark as his or her signature to an electoral paper, the mark is to be deemed to be his or her personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the electoral paper as such witness.
(3)Nothing in this rule authorises any person to sign any electoral paper by a mark or otherwise than in his or her own handwriting in cases where these Rules require him or her to sign the electoral paper in his or her own handwriting.
(4) A person must not make the signature of any other person on an electoral paper
. Penalty: 10 penalty units.
(5) Subrule (4) does not affect the liability of any person to be proceeded against for forgery, but so that he or she is not to be liable to be punished twice in respect of the same offence.
(6) In this rule,
electoral paper includes an approved form.
(1) A person must not:
(a) sign his or her name as witness on any blank electoral paper; or
(b) sign his or her name as witness on any electoral paperwhich has been wholly or partly filled up unless it has been signed by the person intended to sign it; or
(c) sign his or her name as witness on any electoral paper unless he or she has seen the person, whose signature he or she purports to witness, sign it; or
(d) write on any electoral paper as his or her own name:
(i) the name of another person; or
(ii) any name not being his or her own name.
Penalty: 10 penalty units.
(2) In this rule,
electoral paper includes any approved form.
(1) A person who:
(a) certifies that a person is an Aboriginal person or a Torres Strait Islander; and
(b) knows that, or is reckless as to whether, the certification is false;
commits an offence.
Penalty: 10 penalty units.
(2) A person must not engage in conduct with the intention of inducing or attempting to induce another person to make a false certification that a voter is an Aboriginal person or a Torres Strait Islander.
Penalty: 10 penalty units.
Except where expressly authorised by these Rules, a person (other than the voter to whom the ballot‑paper has been lawfully issued) must not mark his or her vote or make any mark or writing on the ballot‑paper of any voter.
Penalty: 10 penalty units.
(1) A person must not:
(a) personate anyone with the intention of obtaining a ballot‑paper to which the personator is not entitled; or
(b) personate anyone with the intentionof voting; or
(c) fraudulently engage in conduct that destroys or defaces a nomination paper or ballot‑paper; or
(d) fraudulently put a ballot‑paper or other paper into the ballot‑box; or
(e) fraudulently take a ballot‑paper out of a polling booth or counting centre; or
(f) forge a nomination paper or ballot‑paper or utter a nomination paper or ballot‑paper knowing it to be forged; or
Note For forgery of official marks on ballot‑papers, see subrule 153 (2).
(g) supply ballot‑papers without authority; or
(h) unlawfully engage in conduct that destroys, takes, opens or otherwise interferes with ballot‑boxes or ballot‑papers; or
(i) vote more than once at the same election; or
(j) vote at more than one TSRA ward election held on the same day; or
(k) make a statement in a claim, application, voter card, return or declaration, or in an answer to a question, under these Rules, knowing that the statement is false or misleading in a material respect.
Penalty: 10 penalty units.
(2) A person must not engage in conduct that defaces, mutilates, destroys or removes a notice, list or other document affixed by the Returning Officer or by his or her authority.
Penalty: 5 penalty units.
(1) A person must not, on polling day, and on all days to which the polling is adjourned, at an entrance of or within a polling booth, or in any public or private place within 6 metres of an entrance of a polling booth:
(a) canvass for votes; or
(b) solicit the vote of a voter; or
(c) engage in conduct with the intention of inducing a voter not to vote for any particular candidate; or
(d) engage in conduct with the intention of inducing a voter not to vote at the election; or
(e) display a notice or sign (other than an official notice) relating to the election.
Penalty: 5 penalty units.
(2) For subrule (1), grounds within an enclosure are taken to be part of a polling booth if:
(a) a building used as a polling booth is situated in the grounds; and
(b) the Returning Officer displays during the hours of polling at each entrance to the grounds a notice signed by him or her stating that the grounds are, for subrule (1), part of the polling booth.
An officer or scrutineer must not wear or display in a polling booth on polling dayany badge or emblem of a candidate or political party.
Penalty: 10 penalty units.
(1) A person must not:
(a) forge any electoral paper; or
(b) utter any forged electoral paper, knowing it to be forged.
Penalty: 10 penalty units.
(2)In this rule the term
electoral paper includes any approved form.
(1) A person must not:
(a) engage in conduct that makes an official mark on or in any paper; or
(b) have in his or her possession any paper bearing an official mark; or
(c) make use of or have in his or her possession an instrument capable of making on or in any paper an official mark.
Penalty: 10 penalty units.
(2) A person who engages in conduct that makes on or in a ballot‑paper, or any paper purporting to be a ballot‑paper, an official mark, is taken to have forged a ballot‑paper.
Note Forgery of ballot‑papers is dealt with by paragraph 149 (1) (f).
(3) All paper bearing an official mark, and all instruments capable of making on or in paper an official mark, made, used, or in the possession of any person without lawful authority (proof of which lies upon him or her):
(a) is to be forfeited to the Commonwealth; and
(b) may without warrant be seized by a member of the Australian Federal Police or a member of the police force or service of a State or Territory; and
(c) may be destroyed or dealt with as determined by the Electoral Commission.
(4) In a prosecution for an offence under subrule (1), it is a defence if the person proves that he or she acted with lawful authority.
Note The defendant bears a legal burden in relation to the defence in subrule (4) (see section 13.4 of theCriminal Code ).
(5) In a prosecution for an offence constituted by conduct mentioned in subrule (2) it is a defence if the person proves that he or she acted with lawful authority.
Note The defendant bears a legal burden in relation to the defence in subrule (5) (see section 13.4 of theCriminal Code ).
(6) In this rule:
official mark means an approved mark placed or made on or in an electoral paper, and includes a mark so nearly resembling an official mark as to be likely to deceive.
(1) A person who, in a polling booth on polling day:
(a) engages in conduct that disrupts, or tends to disrupt, the operation of the poll; or
(b) does not obey a direction of the presiding officer;
commits an offence.
Penalty: 5 penalty units.
(2) Strict liability applies to whether the conduct disrupts, or tends to disrupt, the operation of the poll.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(3) The person 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.
(1) A person commits a further electoral offence if the person:
(a) has been removed from a polling booth by direction of the presiding officer under rule 154; and
(b) re‑enters the polling booth without the permission of the presiding officer.
Penalty: 10 penalty units.
(2) Strict liability applies to whether the direction mentioned in paragraph (1) (a) was given under rule 154.
Note Forstrict liability , see section 6.1 of theCriminal Code .
(1) A person must not make or publish any false and defamatory statement in relation to the personal character or conduct of a candidate.
Penalty: 10 penalty units.
(2)It is a defence to a prosecution for an offence under subrule (1) if the defendant proves that he or she had reasonable ground for believing and did in fact believe the statement made or published by him or her to be true.
Note The defendant bears a legal burden in relation to the defence in subrule (2) (see section 13.4 of theCriminal Code ).
A person must not, in any matter announced or published by the person, or caused by him or her to be announced or published, on behalf of any association, league, organisation or other body of persons, without the written authority of a candidate:
(a) claim or suggest that the candidate in an election is associated with, or supports the policy or activities of, that association, league, organisation or other body of persons; or
(b) expressly or impliedly advocate or suggest that a voter should vote for the candidate.
Penalty: 10 penalty units.
(1) Where an election for a ward:
(a) is taken under rule 27 to have wholly failed; or
(b) is declared by the Court under section 143I of the Act and Schedule 4 to the Act to be absolutely void;
the Minister may determine that a further election for a member for the ward is to be held.
(2) Where a further election is to be held, the Minister, by notice in writing, published in the
Gazette , is to fix a day or days for the polling in relation to that election.(3)Where the day or days for the polling in a further election are fixed under subrule (2), the Electoral Commissioner must, by notice in writing published in the
Gazette , appoint by name such polling places as it considers necessary for each ward in respect of which a further election is to be held.
(4) Where a further election is to be held, that election must be conducted in accordance with these Rules.
Where the Returning Officer decides that a person who has cast a vote in relation to a ward is not a voter enrolled in respect of that ward, the Returning Officer must notify the person in writing of his or her decision as soon as practicable.
Where:
(a) an officer is required by a provision of the Act or these Rules to do an act at a particular time or within a particular period; and
(b) the officer refuses or fails to do the act at the time, or within the period, required by that provision;
the Electoral Commissioner may determine that the act may be done within such further time, not exceeding 48 hours, as the Electoral Commissioner fixes.
Where these Rules provide for electoral papers to be transmitted to a voter, evidence that the electoral papers were properly addressed to the voter and posted is taken, in the absence of proof to the contrary, as evidence that the papers were duly served on and received by the voter to whom they were addressed on the day when in the ordinary course of post they should have been received at his or her address.
(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.
(1) The Returning Officer may, if authorised by the Electoral Commissioner, open a parcel referred to in rule 162 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.
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.
The Electoral Commissioner may approve forms for these Rules. The approved form must be in writing and must be published by the Electoral Commissioner.
(2) If the Electoral Commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
Example: An approved form might have been published by the Electoral Commissioner on the Electoral Commission’s website.
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.
Torres Strait Regional Authority Election Rules 1996
Repeal the instrument
(Rules 34 and 52)
l. Throughout the hours of polling on polling day, the voter will not be in the ward for which he or she is enrolled.
2. The voter, at any time during the hours of polling on polling day, will not be within 8 kilometres by the nearest practical route of any polling booth or station at which a mobile polling team is scheduled to visit (either before or on polling day) in the ward for which he or she is enrolled.
3.Throughout the hours of polling on polling day, the voter will be travelling under conditions that will prevent him or her from voting at any polling booth in the ward for which he or she is enrolled.
4. The voter will be unable to attend a polling booth on polling daybecause of:
(a) serious illness; or
(b) infirmity; or
(c) approaching childbirth. (In the case of a voter who will be a patient at a hospital on polling day, this paragraph applies regardless of the operation of rule 77).
5.On polling day, the voter 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.
6.Throughout the hours of polling on polling day, the voter 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 voter will be a patient at a special hospital but will be unable to have his or her vote taken under rule 77.
8. Because of the voter’s religious beliefs or membership of a religious order, the voter:
(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 voter (except a voter able to vote under rule 79) 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 voter will be engaged in his or her employment or occupation and:
(a) if the voter is an employee — will not be allowed leave of absence to vote; or
(b) in any other case — the absence of the voter for the purpose of attending a polling booth to vote would be likely to cause loss to the person in his or her occupation.
(Rule 130)
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 121; 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 121;
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 121 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 121 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.
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