ELECTORAL ACT 1992 - SCHEDULE 3

ELECTORAL ACT 1992 - SCHEDULE 3

Schedule 3     Preliminary scrutiny of declaration voting papers

(see s 179)

1         In this schedule:

"envelope" means an envelope on which appears a declaration , in the form approved under section 340A (Approved forms) for the declaration, made by an elector for the purpose of casting a declaration vote.

2         The OIC of a scrutiny centre shall arrange for a preliminary scrutiny at the centre to be conducted in accordance with this schedule.

4         An officer must produce at the centre each set of declaration voting papers that has not been dealt with at an earlier preliminary scrutiny.

5         An officer shall sort the declaration voting papers to which the preliminary scrutiny relates into the following groups:

        (a)     1 group containing papers to which clause 6 applies;

        (b)     1 group containing the remainder.

6     (1)     In this clause:

"relevant provision" means—

        (a)     for a vote under section 135— section 135 (4); or

        (b)     for a vote under section 136D— section 135 (4) as applied by section 136D (4); or

        (c)     for a vote under section 136G— section 135 (4) as applied by section 136G (4); or

        (d)     for a vote under section 144A— section 144A (2).

    (2)     This clause applies to a set of declaration voting papers if the officer is satisfied that—

        (a)     the signature on the declaration is that of the elector; and

        (b)     the certificate by the witness is in accordance with the relevant provision; and

        (c)     the elector's name is on the supplementary certified list of electors; and

        (d)     for a postal vote if the papers were posted to the commissioner—the papers were so posted before the close of the poll; and

        (e)     for the vote of an Antarctic elector—the envelope referred to in section 176 (1) (c) is endorsed and signed by an authorised officer in accordance with that paragraph.

    (3)     For subclause (2) (b), if an officer referred to in section 135 (4) omits to sign the certificate, the certificate shall nevertheless be taken to be in accordance with the relevant provision, if—

        (a)     the issue of the relevant declaration voting papers was recorded under division 10.3 or 10.4; and

        (b)     the OIC is satisfied the papers were properly issued to the elector.

7         An officer shall sort the declaration voting papers to which clause 6 applies into the following groups:

        (a)     1 group containing envelopes on which appear declarations by electors enrolled for the electorate indicated in the declaration;

        (b)     1 group containing the remainder.

8         An officer shall sort the remaining declaration voting papers referred to in clause 7 (b) into the following groups:

        (a)     1 group containing papers to which clause 9 applies;

        (b)     1 group containing the remainder.

9         This clause applies to a set of declaration voting papers if the OIC is satisfied that—

        (a)     when the elector signed the declaration, the elector was entitled to be enrolled; and

    (b)     the omission of the elector's name from the roll resulted from an official error.

10     (1)     An officer shall withdraw the ballot papers from the envelopes in the groups of declaration voting papers to which clause 7 (a) or 9 applies and, without unfolding or inspecting the ballot papers or allowing any other person to do so, admit them to scrutiny under section 183.

    (2)     If 2 or more sets of papers to which clause 7 (a) or 9 applies are in the name of a particular elector—

        (a)     the OIC shall determine which set shall be dealt with in accordance with subclause (1); and

        (b)     the remaining set shall be set aside.

    (3)     The OIC shall ensure that ballot papers referred to in subclause (1) are kept in a separate sealed ballot box until they are dealt with under section 183.

11         The OIC shall, in accordance with clauses 4 to 10, conduct a further scrutiny of the groups of remaining declaration voting papers to which clause 5 (b) or 8 (b) apply and, if there are any papers to which either paragraph applies after the further scrutiny, the OIC shall—

        (a)     reject them from further scrutiny; and

        (b)     seal them, together with any papers to which clause 10 (2) (b) applies, in a parcel endorsed with a description of the contents, the name of the electorate and the date.