Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009 No 102
Repealed version for 28 April 2010 to 24 September 2010 (accessed 29 November 2014 at 17:05)
Schedule 4

Schedule 4 Amendment of Parliamentary Electorates and Elections Act 1912 No 41 relating to pre-poll voting at declared institutions

[1]   Section 114ZO Taking of poll at declared institutions

Omit “, on any one or more of the fifth, fourth and third days preceding polling day,” from section 114ZO (2).

Insert instead “, on any day during the 7 days before polling day appointed by the Electoral Commissioner,”.

[2]   Sections 114ZP (1) (a) and (2), 114ZQ and 114ZS (1) (b) (i)

Omit “an inpatient or inmate” wherever occurring.

Insert instead “a temporary or permanent resident or an inpatient”.

[3]   Sections 114ZQA and 114ZQB

Insert after section 114ZQ:
  

114ZQA   Procedure for voting at declared institutions—general

(1)  The pre-poll voting officers are to afford an elector entitled to vote under this Division the opportunity to record his or her vote by visiting the elector at the declared institution of which the elector is, for the time being, a temporary or permanent resident or an inpatient.
(2)  A visit to an elector must not be made under this Division if the pre-poll voting officer is informed, by a legally qualified medical practitioner or member of the staff of the declared institution of which the elector is, for the time being, a temporary or permanent resident or an inpatient, that the visit is forbidden, on medical grounds, by a legally qualified medical practitioner.

114ZQB   Procedure for voting at declared institutions—voting in elector’s district

(1)  This section applies to voting by an elector under this Division where the elector is enrolled for the district in which the declared institution is situated.
(2)  Division 8 (other than sections 95–98, 106 (2), (2A) and (2B) and 109) extends to voting to which this section applies subject to the following modifications:
(a)  references to polling places are taken to be references to declared institutions,
(b)  references to polling place managers and election officials are taken to be references to pre-poll voting officers at the declared institution.
(3)  Section 114ZR (6A) and (6B) extend to voting under this section.
(4)  The Electoral Commissioner is to ensure that each returning officer is provided with sufficient authorised copies of the roll for the district in which a declared institution is situated for the purposes of this section.
(5)  The pre-poll voting officers assigned under section 114ZO to take the poll at a declared institution must ensure the security of any ballot boxes used for the purposes of this section.
(6)  As soon as practicable after the completion of voting at a declared institution, the pre-poll voting officers assigned under section 114ZO to take the poll at the institution must, in the presence of any other election official assisting the officers and any scrutineers who are present:
(a)  publicly close, fasten, seal and take charge of the ballot box used by the officers for the purposes of this section, and
(b)  with the least possible delay, forward it for the purposes of scrutiny to the returning officer for the district in which the declared institution is situated.
(7)  At the scrutiny the returning officer is to:
(a)  produce any ballot boxes that have been delivered to him or her in accordance with subsection (6), and
(b)  remove the ballot papers from the ballot boxes, and
(c)  open those ballot papers and count those that are formal.
(8)  Without affecting subsection (2), the provisions of this section apply in addition to, and without derogation from, the application of any other provision of this Act. However, any such other provision applies with any necessary modifications.

[4]   Section 114ZR Procedure for voting at declared institutions—voting other than in elector’s district

Omit section 114ZR (1) and (2). Insert instead:
  
(1)  This section applies to voting by an elector under this Division where the elector is not enrolled for the district in which the declared institution is situated.

[5]   Section 114ZR (10)

Omit the subsection. Insert instead:
  
(10)  As soon as practicable after the receipt by a returning officer of a ballot paper under subsection (5) or (8), the returning officer is to deal with the ballot paper in the same manner as that in which he or she is required by section 116 to deal with an absent voter’s ballot paper.

[6]   Section 114ZR (11)

Omit the subsection.

[7]   Section 114ZU Penalty for unlawfully marking ballot paper etc

Insert “114ZQB,” before “114ZR”.

[8]   Section 114ZU (c)

Insert at the end of section 114ZU (b):
  

, or

(c)  is a person appointed by that elector under section 108 (1) or is a pre-poll voting officer acting in accordance with section 108 (2) (as extended by section 114ZQB (2)).

[9]   Section 114ZV Duty of persons present when elector votes under this Division

Insert “108 (as extended by section 114ZQB (2)) or in section” after “section” in section 114ZV (b).

[10]   Section 114ZW Preliminary scrutiny of ballot papers of certain electors under this Division

Omit section 114ZW (2). Insert instead:
  
(2)  The returning officer is to examine the declaration on the envelope containing the elector’s ballot paper, and if the returning officer is satisfied that:
(a)  the elector is enrolled for the district for which the returning officer is appointed—he or she is to accept the ballot paper for further scrutiny, or
(b)  the elector is enrolled for some other district—he or she is to arrange for the envelope to be promptly delivered to the returning officer for the district for which the person is enrolled to be dealt with in the manner set out in subsection (2A), or
(c)  the person whose signed the declaration is not enrolled for any district—he or she is to disallow the ballot paper without opening the envelope.
(2A)  The returning officer for a district to whom an envelope is forwarded under subsection (2) (b), or an election official assisting the returning officer, must:
(a)  if the person who signed the declaration on the envelope is enrolled for the district and the declaration is properly attested, open the envelope and withdraw any ballot paper contained in the envelope and, without, as far as practicable, inspecting or unfolding the ballot paper or allowing any other person to do so:
(i)  in the case of any ballot paper for a periodic Council election, accept the ballot paper for further scrutiny and place it in the ballot box, or
(ii)  in the case of any ballot paper for an Assembly election, disallow the ballot paper, and
(b)  in any other case—reject the ballot paper without opening the envelope.
Top of page