Commonwealth Consolidated Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 37

             (1)  This section applies to a person claiming to vote if:

                     (a)  the person's name cannot be found on the certified list of voters for the Division for which the person claims to vote; or

                     (b)  the person's name is on the certified list of voters for a Division but his or her address does not appear on the list; or

                     (c)  the presiding officer has asked the person one or more questions under subsection 30(4) about matters shown on the certified list of voters for a particular person to establish whether the person is that particular person and one of the following applies:

                              (i)  the person's answers do not accord with the relevant information shown for that particular person on the list;

                             (ii)  the person's answers accord with the relevant information shown for that particular person on the list but the officer is not satisfied that the person is that particular person;

                            (iii)  the person refused to answer fully; or

                     (d)  a mark on the certified list of voters used at the polling place indicates that the person has already voted at that polling place; or

                     (e)  the person is provisionally enrolled.

          (1A)  In this Part (other than section 45) and in Schedule 4:

                     (a)  a reference to an elector includes a reference to a person who has cast a provisional vote under paragraph (1)(e); and

                     (b)  a reference to the Division in which an elector is enrolled includes a reference to the Division in which the elector is provisionally enrolled.

          (1B)  A person to whom this section applies (other than a person to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) may cast a provisional vote on the voting day for a referendum if the person provides the evidence of the person's identity that is required by the regulations either:

                     (a)  at the time the person casts the provisional vote; or

                     (b)  by the first Friday following the voting day.

Note:          The regulations are made under subsection (9).

             (2)  A person to whom this section applies may cast a provisional vote if the person signs a declaration in the approved form on an envelope addressed to the DRO for the Division for which the voter is, or claims to be, enrolled.

             (3)  The person shall sign the declaration in the presence of a polling official.

             (4)  The polling official shall then sign the declaration as witness, adding the date.

             (5)  Before issuing a ballot‑paper to the person, a polling official shall give the person a statement in writing in the approved form explaining the effect of this section and indicating the steps that will be taken if the person cast a provisional vote.

             (6)  A person who casts a provisional vote shall fold the ballot‑paper and hand it to the polling official who issued it.

             (7)  The polling official shall, in the presence of the voter, without unfolding the ballot‑paper, place it in the envelope bearing the voter's declaration, fasten the envelope and place the envelope in the ballot‑box.

             (8)  The Assistant Returning Officer who opens the ballot‑box shall deal with the envelope according to section 46A.

Regulations

             (9)  If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person's name by showing either of the following to an officer:

                     (a)  the person's driver's licence;

                     (b)  a prescribed kind of document that identifies the person.

           (10)  The regulations may impose additional requirements in relation to identification for provisional voting.