New South Wales Consolidated Acts

CONSTITUTION FURTHER AMENDMENT (REFERENDUM) ACT 1930 - SECT 21

21 Saving of informality

(1) Notwithstanding anything to the contrary in this Act, a ballot-paper shall not, by reason of any mark or writing thereon that is not authorised or required by this Act, be rejected as informal if, in the opinion of the returning officer, the voter has, by some mark or writing, clearly indicated his or her intention on the ballot-paper.

(2) Notwithstanding anything to the contrary in this Act, a ballot-paper shall not be rejected as informal by reason only that the voter has marked his or her vote by:

(a) placing a cross in a square and not placing any mark or writing in the other square, or

(b) placing the number “1” in a square and not placing any mark or writing (except the number “2”) in the other square,

but the ballot-paper shall be treated as if the cross or the number “1”, as the case may be, were a tick.