REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 90 Conduct of scrutiny

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 90

  (1)   The scrutiny of votes at a referendum shall be conducted in accordance with the following provisions:

  (a)   it shall commence as soon as practicable after the close of voting at the referendum (subject to subsection   (1A));

  (b)   the scrutineers appointed under section   89 and any persons approved by the officer conducting the scrutiny may be present;

  (c)   the scrutineers may inspect all the proceedings at the scrutiny;

  (d)   the scrutiny may, if necessary, be adjourned from time to time until the counting of the votes is completed;

  (e)   each Assistant Returning Officer shall, in the presence of a polling official and any scrutineers who attend, do the following:

  (i)   exhibit for the inspection of the scrutineers each ballot - box received from a presiding officer or mobile polling team leader, and each pre - poll ordinary ballot - box (within the meaning of Division   3 of Part   IVA) received from a voting officer (within the meaning of that Division);

  (ii)   record the condition of the ballot - box;

  (iii)   open the ballot - box and remove the ballot papers from the box;

  (iiia)   for a pre - poll ordinary ballot - box (within the meaning of Division   3 of Part   IVA) being dealt with before the close of voting in accordance with subsection   (1A)--unfold the ballot papers and sort them into a group for votes given in favour of the proposed law, a group for votes given not in favour of the proposed law, and a group for informal votes;

  (iv)   count the number of ballot papers with votes given in favour of the proposed law, the number of ballot papers with votes given not in favour of the proposed law, and the number of informal ballot papers;

  (f)   ballot - boxes not opened by an Assistant Returning Officer shall be opened by a Divisional Returning Officer.

  (1A)   The actions set out in subparagraphs   (1)(e)(i), (ii), (iii) and (iiia) may be taken in relation to a pre - poll ordinary ballot - box (within the meaning of Division   3 of Part   IVA) after 4 pm on voting day. A scrutineer present while the actions are being taken is not entitled to object to a ballot paper before the close of voting, but may after the closing make any objections as if the ballot - box had not been dealt with under this subsection.

Note:   The actions set out in subparagraphs   (1)(e)(i), (ii), (iii) and (iiia) do not include counting (see subparagraph   (1)(e)(iv) and paragraphs 91(1)(b) and (c)).

  (2)   A person who is present at the scrutiny in the capacity of a scrutineer shall wear a badge, supplied by the Electoral Commission, that identifies the person as a scrutineer.

  (3)   A scrutineer commits an offence if:

  (a)   the actions mentioned in subsection   (1A) (early opening and sorting of pre - poll ballot papers) are taken, in accordance with that subsection, at a counting centre before the close of voting for a referendum; and

  (b)   the scrutineer is present while those actions are taken; and

  (c)   the scrutineer discloses or communicates information that relates to those actions to persons outside the counting centre; and

  (d)   the disclosure or communication is made before the close of voting.

Note:   See also section   116 (officers and scrutineers to observe secrecy).

Penalty:   Imprisonment for 6 months or 10 penalty units, or both.

  (4)   A scrutineer who commits any breach of this section, or who is guilty of misconduct, or who fails to obey the lawful directions of the presiding officer, may be removed from the counting centre by any constable or by a person authorised by the presiding officer to remove the scrutineer.

  (5)   In this section, counting centre means any premises at which a scrutiny or counting of ballot papers for a referendum is to be, or is being, conducted.