Commonwealth Numbered Acts

COMMONWEALTH ELECTORAL AMENDMENT ACT 1987 No. 35 of 1987 - SECT 29

29. Section 228 of the Principal Act is repealed and the following section is
substituted: Forwarding of declaration votes

"228. (1) A presiding officer at a polling place shall forward to the
Assistant Returning Officer designated for the purposes of this subsection by
the Divisional Returning Officer any ballot-boxes containing envelopes bearing
declarations made by persons who have cast declaration votes and which purport
to contain the ballot-papers of such voters.

"(2) An Assistant Returning Officer to whom a ballot-box is forwarded under
subsection (1) or subsection 225 (8) or 227 (10) shall:

   (a)  compare the particulars of the envelopes with the particulars
        appearing in the presiding officer's record made under subsection 232
        (2) or in any other records forwarded by the presiding officer, note
        the number of envelopes and report any discrepancy to the Divisional
        Returning Officer;

   (b)  place in a parcel all the envelopes contained in such ballot-boxes,
        endorse on the parcel the number of envelopes contained in the parcel,
        seal up the parcel and forthwith deliver it, or cause it to be
        delivered, to the Divisional Returning Officer; and

   (c)  forward to the Divisional Returning Officer advice in writing of the
        total number of envelopes bearing declarations enclosed in the parcel
        delivered or to be delivered to the Divisional Returning Officer.

"(3) Each Divisional Returning Officer shall:

   (a)  maintain a record of the particulars of the advices, and of the number
        of envelopes bearing declarations, received from each Assistant
        Returning Officer;

   (b)  until they are dealt with under other provisions of this Act, keep the
        envelopes received from Assistant Returning Officers in one or more
        securely fastened ballot-boxes; and

   (c)  compare the record referred to in paragraph (a) with the envelopes
        received and note any discrepancy.

"(4) A Divisional Returning Officer shall:

   (a)  place in a parcel all the envelopes bearing declarations and relating
        to a particular Division, endorse on the parcel the number of the
        envelopes, seal up the parcel and forthwith deliver it, or cause it to
        be delivered, to the Divisional Returning Officer for that Division
        or, with the approval of the Australian Electoral Officer for the
        State or Territory that includes that Division, to another person to
        be dealt with in accordance with subsection (5); and

   (b)  forward to the last-mentioned Divisional Returning Officer advice in
        writing of the total number of envelopes bearing declarations enclosed
        in the parcel delivered or to be delivered to that Divisional
        Returning Officer.

"(5) Each Divisional Returning Officer shall:

   (a)  maintain a record of the particulars of the advices, and of the number
        of envelopes bearing declarations, received from other Divisional
        Returning Officers;

   (b)  maintain a locked and sealed ballot-box labelled so as to identify it
        as a declaration vote ballot-box; and

   (c)  keep in that ballot-box, until the scrutiny, all envelopes bearing a
        declaration and purporting to contain a ballot-paper recording a
        declaration vote in relation to his or her Division, being, in the
        case of envelopes purporting to contain postal ballot-papers,
        envelopes:

        (i)    delivered to the Divisional Returning Officer before the end of
               the period of 13 days after the close of the poll; or

        (ii)   received from another Divisional Returning Officer or from a
               person referred to in subsection (7) or (8) where the envelope
               bearing the certificate bears evidence that it was received by
               that Divisional Returning Officer, by a person appointed under
               section 183, by an Assistant Returning Officer at a place
               outside Australia or by a presiding officer prior to the close
               of the poll.

"(6) Before placing in the ballot-box maintained under subsection (5) an
envelope purporting to contain a postal ballot-paper and delivered to a
Divisional Returning Officer which is received after the close of the poll and
which does not bear evidence sufficient to satisfy the Divisional Returning
Officer that the vote contained in the envelope was recorded before the close
of the poll, the Divisional Returning Officer shall endorse on the envelope
the date of its receipt and shall initial the endorsement.

"(7) Where declaration vote ballot-papers or envelopes bearing declarations
relating to a particular Division are, with the approval of the Australian
Electoral Officer for the State or Territory that includes that Division,
delivered to a person other than the Divisional Returning Officer for that
Division, that person shall, as soon as practicable, deliver them, or cause
them to be delivered, to that Divisional Returning Officer.

"(8) An Assistant Returning Officer at a place outside Australia shall forward
envelopes containing postal ballot-papers to such person as is specified in a
written direction given to that Assistant Returning Officer by the Electoral
Commissioner.

"(9) Where envelopes relating to a particular Division are forwarded under
subsection (8) to a person other than the Divisional Returning Officer for
that Division, that person shall, as soon as practicable, deliver them, or
cause them to be delivered, to that Divisional Returning Officer.".