REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 67 Procedure for dealing with postal vote certificates etc.

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 67

  (1)   In this section:

"officer" means:

  (a)   a pre - poll voting officer; or

  (b)   a presiding officer; or

  (c)   the holder of a particular office (other than a DRO) provided for by Division   3 or 4 of Part   II of the Commonwealth Electoral Act 1918 or by section   5 or 6 of this Act; or

  (e)   a mobile polling team leader; or

  (f)   a member of the staff of the Electoral Commission referred to in subparagraph   65(2)(h)(ii).

"presiding officer" does not include a mobile polling team leader who is deemed to be a presiding officer.

  (2)   Where:

  (a)   a DRO receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot paper issued in respect of a Division other than the Division for which the DRO is appointed; or

  (b)   an officer receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot paper;

the DRO or officer shall:

  (c)   endorse on the envelope "Received by me" and the date and time of receipt;

  (d)   sign the endorsement, adding the appropriate designation (see subsection   (3));

  (e)   make a record of the name of the voter and the name of the Division as shown in the postal vote certificate;

  (f)   deal with the envelope in accordance with whichever of subsections   (4), (5) and (6) applies.

  (3)   For the purposes of paragraph   (2)(d), the appropriate designation is as set out in the following table.

  (4)   If an envelope purporting to bear a postal vote is received as mentioned in subsection   (2) by a DRO, or by an officer who is:

  (a)   a pre - poll voting officer; or

  (b)   a presiding officer; or

  (c)   an Assistant Returning Officer who is outside Australia;

the DRO or officer must (after complying with the other requirements of subsection   (2)):

  (d)   place the envelope in a ballot - box; and

  (e)   keep the envelope in the ballot - box until the envelope is dealt with in accordance with section   46A.

  (5)   If an envelope purporting to bear a postal vote is received as mentioned in subsection   (2) by an officer who is a mobile polling team leader, the officer must (after complying with the other requirements of subsection   (2)):

  (a)   place the envelope in a ballot - box; and

  (b)   keep the envelope in the ballot - box until the ballot - box is forwarded to the designated Divisional Returning Officer or Assistant Returning Officer as required by subsection   51(10); and

  (c)   when so forwarding the ballot - box to the designated Divisional Returning Officer or Assistant Returning Officer, also forward to that Officer the record made by the mobile polling team leader under paragraph   (2)(e).

  (6)   If an envelope purporting to bear a postal vote is received as mentioned in subsection   (2) by an officer (other than an officer referred to in subsection   (4) or (5)) who is at a capital city office of the Electoral Commission:

  (a)   the officer must (after complying with subsection   (2)) place the envelope in a ballot - box made available for the purpose by the DRO (the capital city DRO ) for the Division in which the capital city office is located; and

  (b)   the capital city DRO must:

  (i)   remove the envelopes from the ballot - box and place in a parcel all the envelopes that relate to a particular Division; and

  (ii)   endorse on the parcel the number of the envelopes; and

  (iii)   seal up the parcel and cause the parcel, and the record made by the officer under paragraph   (2)(e), to be forwarded to, or made available to be collected by, the Divisional Returning Officer for that Division in accordance with the instructions of the capital city DRO.

  (7)   Instructions referred to in subparagraph   (6)(b)(iii) are not legislative instruments.