New South Wales Consolidated Regulations

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 339

339 Questions put to elector

(1) A person claiming to vote at a polling place must state to an election official the name under which the person claims to vote, and such other particulars as the official requires for the purpose of checking that name on the roll.

(2) The election official must check that the name given by the person is on the roll in force for the ward or area for which the polling place has been appointed.

(3) The election official may (and must if required by a scrutineer) require any such person to sign his or her name or make his or her mark in a book to be kept for that purpose.

(4) The election official may (and must if required by a scrutineer) put to the person, before giving the person a ballot-paper, questions in the following form:

1. Are you the person whose name appears as[name] in the roll of electors forward ofarea?

2. What is your date of birth?

3. Are you:

(a) an Australian citizen, or

(b) a British subject (other than an Australian citizen) who was on a Commonwealth or State of New South Wales electoral roll on 25 January 1984?

4. Are you disqualified from voting at this election by section 266 of the Local Government Act 1993 ?

5. Have you already voted at this election?

(5) A person who:

(a) fails to satisfy a requirement under subclause (1) or (3), or

(b) does not answer “yes” to questions 1 and 3, and “no” to questions 4 and 5, in subclause (4), or

(c) whose answer to question 2 in subclause (4) does not correspond to the person’s date of birth as appearing on the roll of electors,

must not be given a ballot-paper and must not be allowed to vote.

(6) However, if a request for a person’s place of living not to be included in a roll of electors has been granted under section 739 of the Act, the person need not indicate a place of living in response to a requirement under subclause (1) but instead the person is to make a declaration of residence on an envelope in the form approved by.

(i) in relation to an election administered by a general manager of a council-the Director-General, or

(ii) in relation to an election administered by the Electoral Commissioner-the Electoral Commissioner.

(7) This clause does not prevent a person from voting:

(a) because of errors or omissions in the entry of the person’s name or date of birth as appearing on the roll of electors if he or she satisfies the election official of his or her identity as the person referred to in the roll, or

(b) because the person’s name is not on the roll if he or she complies with Subdivision 1A of Division 7.