REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SCHEDULE 4 Rules for the conduct of a preliminary scrutiny of declaration votes

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SCHEDULE 4

Subsection   89A(3)

  1.   The DRO shall produce unopened all envelopes containing declaration votes of the kind to which the preliminary scrutiny relates received by the DRO:

  (a)   in the case of the first preliminary scrutiny--before the commencement of that scrutiny; and

  (b)   in the case of a subsequent preliminary scrutiny--after the commencement of the last preceding preliminary scrutiny and before the commencement of the subsequent preliminary scrutiny.

  3.   If the DRO has reason to doubt that the signature on the postal vote certificate that purports to be the elector's signature is the elector's signature, the DRO must check the signature against the most recent record (if any) of the elector's signature that is available to the DRO.

  3A.   For each envelope in relation to which the following paragraphs are satisfied:

  (a)   the envelope purports to contain a provisional vote ballot paper;

  (b)   the DRO has reason to doubt that the signature on the envelope that purports to be the elector's signature is the elector's signature;

the DRO must check the signature against the most recent record (if any) of the elector's signature that is available to the DRO. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the referendum, to require the elector to provide evidence of his or her identity by the first Friday following the voting day for that referendum.

  4.   The DRO shall divide the envelopes being dealt with into groups, as follows:

  (a)   in one group, the envelopes that meet the requirements of paragraph   6;

  (b)   in another group, the envelopes that do not meet those requirements.

  5.   The DRO shall, without opening the envelopes, subject to the operation of paragraphs 19 and 20, exclude from further scrutiny the ballot papers contained in envelopes that do not meet the requirements of paragraph   6.

  6.   An envelope meets the requirements of this paragraph if the DRO is satisfied:

  (a)   in the case of an envelope purporting to contain a postal ballot paper, other than an envelope sent under section   58 to a registered general postal voter who was registered on the ground specified in paragraph   184A(2)(e) or (f) of the Commonwealth Electoral Act 1918 , that the signature on the certificate is that of the elector and that:

  (i)   the signature purports to be witnessed by an authorised witness; or

  (ii)   the signature is taken to be witnessed by an authorised witness because of subsection   65(1A); and

  (b)   in the case of an envelope purporting to contain a pre - poll vote ballot paper, that the certificate has been signed in accordance with section   73D and that the signature purports to be witnessed by the officer who issued the certificate; and

  (c)   in the case of an envelope purporting to contain an absent vote ballot paper or a provisional vote ballot paper, that the declaration has been signed in accordance with section   46 or 37, or under subsection   36(4), as the case may be, and that the signature purports to be witnessed in accordance with that section or subsection, as the case requires; and

  (ca)   in the case of an envelope purporting to contain a provisional vote ballot paper and in relation to which paragraph   3A applies--that the signature on the envelope is that of the elector; and

  (cb)   in the case of an envelope purporting to contain a postal ballot paper, a pre - poll vote ballot paper, an absent vote ballot paper or a provisional vote ballot paper, cast by an elector who is provisionally enrolled--that, by the first Friday following the polling day for that election, the elector has provided an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007

  (e)   in the case of an envelope purporting to contain a postal ballot paper, that the vote marked on the ballot paper was recorded prior to the close of the voting.

  6A.   If the DRO is satisfied that more than one envelope that meets the requirements of paragraph   6 purports to contain a declaration vote by the same elector, the DRO must:

  (a)   treat only one of the envelopes, as selected by the DRO, as meeting the requirements of paragraph   6; and

  (b)   exclude from further scrutiny the ballot papers contained in the other envelope or envelopes, without opening the envelope or envelopes; and

  (c)   seal up in a parcel the envelope or envelopes excluded from further scrutiny by subparagraph   (b); and

  (d)   write on the parcel a description of its contents, the name of the Division and the date of the commencement of the preliminary scrutiny.

In applying subparagraph   (a), the DRO should, to the extent that it is possible, select the envelope that was received first.

  6B.   Paragraphs 19 and 20 do not apply to envelopes excluded from further scrutiny because of subparagraph   6A(b).

  7.   A vote marked on a postal ballot paper must be taken not to have been recorded prior to the close of voting if the date referred to in paragraph   65(1)(c) in relation to the postal vote certificate is a date after voting day.

  7A.   A vote marked on a postal ballot paper must be taken not to have been recorded prior to the close of voting if:

  (a)   subsection   65(1A) applies in relation to the vote; and

  (b)   the date referred to in paragraph   65(1A)(a) is a date after voting day.

  7B.   Paragraphs 7 and 7A do not apply to a vote marked on a postal ballot paper if:

  (a)   the envelope purporting to contain the postal ballot paper is endorsed with the date and time of receipt under paragraph   67(2)(c); and

  (b)   the date and time is before the close of voting.

  8.   An envelope purporting to contain an absent vote ballot paper, a provisional vote ballot paper or a pre - poll vote ballot paper shall not be regarded as failing to meet the requirements of paragraph   6 only because the declaration or certificate, as the case requires, is not witnessed if the voter's name appears on a record made under subsection   34(2) or section   73F, as the case requires, or, if neither of those requirements is met, if the DRO is satisfied that the ballot paper was properly issued.

  9.   The DRO shall seal up in a parcel the envelopes that do not meet the requirements of paragraph   6 and shall write on the parcel a description of its contents, the name of the Division and the date of commencement of the preliminary scrutiny.

  10.   The DRO must divide the envelopes that meet the requirements of paragraph   6 into groups as follows:

  (a)   in one group:

  (i)   the envelopes bearing certificates or declarations by persons who are enrolled for the State or Territory in which the Division is situated (whether or not for the Division itself); and

  (ii)   the envelopes bearing certificates or declarations by persons whose claims for enrolment are claims to which subsection   102(5) of the Commonwealth Electoral Act 1918 applies; and

  (iii)   the envelopes to which paragraph   11 of this Schedule applies and that bear certificates or declarations by persons who, at the time of the omission referred to in that paragraph, were living at an address in the State or Territory in which the Division is situated (whether or not in the Division itself);

  (b)   in another group, all the other envelopes.

  11.   This paragraph applies to an envelope if the DRO is satisfied:

  (a)   that the elector who signed a certificate or declaration on the envelope is not enrolled for the Division; and

  (b)   after making enquiry:

  (i)   that the elector was, at the time of voting, entitled to be enrolled for the Division; and

  (ii)   that the omission of the elector's name from the Roll for the Division was due to an error made by an officer or to a mistake of fact.

  12.   Subparagraph   11(b) does not apply if:

  (a)   more than one election (excluding the election to which the scrutiny relates) has been held since the error or mistake was made; or

  (b)   where there has been a redistribution of the State or Territory that includes the Division since the last election but one before the election to which the scrutiny relates, the error or mistake was made before the last such redistribution.

  13.   In paragraph   12, election means:

  (a)   a general election for the House of Representatives;

  (b)   a Senate election not held concurrently with a general election for the House of Representatives; or

  (c)   a referendum not held concurrently with a general election.

  14.   The DRO shall, without opening the envelopes, subject to the operation of paragraphs 19 and 21, exclude from further scrutiny the ballot papers contained in envelopes referred to in subparagraph   10(b).

  15.   The DRO shall seal up in a parcel the envelopes referred to in subparagraph   10(b) and shall write on the parcel a description of the contents, the name of the Division and the date.

  16.   The DRO must, without inspecting them or allowing any other person to do so:

  (a)   withdraw the ballot papers from envelopes referred to in subparagraph   10(a); and

  (b)   place those ballot papers in a ballot - box by themselves for further scrutiny.

  17.   The DRO:

  (a)   may withdraw the ballot papers in accordance with subparagraph   16(a):

  (i)   for ballot papers of electors other than designated electors--at any time on or after the day that is 5 days before the voting day; or

  (ii)   for ballot papers of designated electors--after the close of voting; and

  (b)   if the DRO has not withdrawn the ballot papers in accordance with subparagraph   16(a) by the close of voting--must do so after the close of voting.

  18.   Where a ballot paper has been finally excluded from further scrutiny, other than because of subparagraph   6A(b), the DRO shall send to the voter a written statement of the reason for the rejection.

  19.   In the course of a preliminary scrutiny of declaration votes, the DRO must, at a time determined to be appropriate by the DRO (which may be before the close of the poll for the Division):

  (a)   open the parcel of envelopes that contains the ballot papers that are, under paragraph   5 and subject to the operation of this paragraph and paragraph   20, excluded from scrutiny, and deal further with those declaration votes in accordance with paragraph   20; and

  (b)   open the parcel of envelopes that contains the ballot papers that are, under paragraph   14 and subject to the operation of this paragraph and paragraph   21, excluded from scrutiny, and deal further with those declaration votes in accordance with paragraph   21.

  20.   For the purpose of dealing further with declaration votes referred to in subparagraph   19(a), paragraphs 3 to 18, inclusive, reapply in relation to those votes as if:

  (a)   the words "subject to the operation of paragraphs 19 and 20," were omitted from paragraph   5; and

  (b)   the words "subject to the operation of paragraphs 19 and 21," were omitted from paragraph   14.

  21.   For the purpose of dealing further with declaration votes referred to in subparagraph   19(b), paragraphs 10 to 18, inclusive, reapply in relation to those votes as if the words "subject to the operation of paragraphs 19 and 21," were omitted from paragraph   14.