REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 51 Mobile booths

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 51

  (1)   In this section:

"leader" means a person appointed under this section to be the leader of a team.

"team" means a mobile polling team appointed under this section.

  (2)   The Electoral Commissioner may appoint persons to be members of mobile polling teams for the purposes of this section and, in respect of each team, a person to be the leader.

  (3)   The following provisions of this section apply in addition to, and without derogation from, the application of any other provision of this Act.

  (4)   The Electoral Commissioner:

  (a)   may determine in writing the places that teams will visit for the purposes of taking votes under this section at a referendum; and

  (b)   must give notice to the public on the Electoral Commission's website and by any other means that the Electoral Commissioner thinks fit of:

  (i)   the places determined under paragraph   (a); and

  (ii)   the days and times when teams will visit for the purposes of this section.

  (4A)   Before determining a prison under subsection   (4), the Electoral Commissioner must consult the Controller - General of Prisons for the State or Territory in which the prison is located.

  (5)   A day notified under paragraph   (4)(b) must be:

  (a)   if the voting day for the referendum is the same as that fixed for the polling at an election--any of the 12 days before voting day; or

  (b)   if the voting day for the referendum is not the same as that fixed for the polling at an election--any of the 19 days before voting day; or

  (c)   voting day; or

  (d)   a day to which the taking of votes of the electors at the referendum is adjourned.

  (6)   Subject to subsection   (6A), a team shall make a visit or visits as notified under paragraph   (4)(b), 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, in that event, shall:

  (a)   give notice to the public on the Electoral Commission's website and by any other means that he or she thinks fit of the substituted place, day or time; and

  (b)   inform the Divisional Returning Officer for the Division in which the visit is to occur.

  (6A)   A visit to a prison must not be made if the Australian Electoral Officer for the State or Territory in which the prison is located 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)   Any failure by a team to make a visit in accordance with this section does not invalidate the result of the referendum.

  (8)   At any time when a team is at a place for the purposes of taking votes under this section at a referendum:

  (a)   the team shall have ballot - boxes, ballot papers and such other things as are necessary for the votes of electors to be taken at the place;

  (b)   every person at the place who is an elector for the State or Territory in which the place is situated is entitled to have his or her vote taken under this section;

  (c)   for purposes of, and in connection with, the taking of votes under this section:

  (i)   the place shall be deemed to be a polling place;

  (ii)   the building, structure, vehicle or enclosure used by the leader for the purposes of taking votes under this section shall be deemed to be a polling booth; and

  (iii)   the leader shall be deemed to be the presiding officer at that polling booth;

  (d)   so far as is practicable, a vote under this section shall be taken as if it were taken under the other provisions of this Act (other than section   48) including such of those provisions as relate to absent voting;

  (da)   section   29 applies as if, for paragraph   29(b), there were substituted the following paragraph:

  "(b)   the voting may be conducted:

  (i)   at any time on a day before voting day; and

  (ii)   on polling day, until all electors present in the polling booth at 6 pm and desiring to vote have voted; and";

  (e)   section   131 applies as if the references (however described) in subsections   131(1), (1A) and (2) to voting day for the referendum, or a day to which the taking of votes of the electors at the referendum has been adjourned, were a reference to the time of the visit.

  (9)   Paragraph   29(1)(a) does not apply to a leader after the first visit made by the leader for the purposes of this section.

  (10)   At the end of the last visit made by a leader for the purposes of this section, the leader shall, in the presence of a member of his or her team and any scrutineers appointed under section   27 who may be in attendance, publicly close, fasten, seal and take charge of each ballot - box used by the leader for the purposes of this section and, with the least possible delay, forward it for the purposes of scrutiny to the Divisional Returning Officer or Assistant Returning Officer designated for the purposes of this subsection by the Divisional Returning Officer for the Division in which that last visit occurred.

  (12)   A determination under paragraph   (4)(a) is not a legislative instrument.