Parliamentary Electorates and Elections Act 1912 No 41
Current version for 26 November 2012 to date (accessed 22 May 2013 at 01:00)
Part 5Division 10Section 114R

114R   Provisional pre-poll voting

(1) Entitlement to provisional pre-poll vote
The following persons may apply to any pre-poll voting officer at a pre-poll voting place for permission to vote before polling day under this section:
(a)  a person who is not enrolled for any district, but claims to be entitled to enrol for a district, and to whom section 114P would apply if that person were so enrolled,
(b)  a person who is enrolled for a district, but claims to be entitled to enrol for another district, and to whom section 114P applies.
(2) Information to be given to pre-poll voting officer
A person making an application under this section must give the following information to the pre-poll voting officer to whom the application is made:
(a)  the district for which the person claims to be entitled to enrol (and, if relevant, the district for which the person is enrolled),
(b)  the ground on which the person is making the application,
(c)  any matters prescribed by the regulations.
(3) Questions may be put to voter
After such an application is made to a pre-poll voting officer, he or she may, and, if requested to do so by any scrutineer, must, put to the person who made the application any of the questions prescribed by section 100 (1) which are applicable to the case, and, if the person answers the questions satisfactorily or if no questions are put to the person, the person is to be permitted to vote in accordance with this section.
(4) Provisional pre-poll vote within district
If the person makes an application to a pre-poll voting officer at a pre-poll voting place that is in the district for which the person claims to be entitled to be enrolled, section 106 (2), (2A) and (2B) extend to the casting and scrutiny of the person’s vote, subject to the following modifications:
(a)  references to polling places are taken to be references to pre-poll voting places,
(b)  references to polling place managers and election officials are taken to be references to pre-poll voting officers at the pre-poll voting places.
(5) Provisional pre-poll vote outside district
If the person makes an application to a pre-poll voting officer at a pre-poll voting place that is not in the district for which the person claims to be entitled to be enrolled, sections 106 (1), (2), (2C), (3) (a)–(d) and (5), 115A and 117A–119 extend to the casting and scrutiny of the person’s vote, subject to the following modifications:
(a)  references to polling places are taken to be references to pre-poll voting places,
(b)  references to polling place managers and election officials are taken to be references to pre-poll voting officers at the pre-poll voting places.
(5A) Electoral Commissioner may determine that enrolment voting provisions do not apply at pre-poll voting places outside New South Wales
The Electoral Commissioner may determine that sections 115A and 117A–119 do not extend to the casting of votes at one or more specified pre-poll voting places (being pre-poll voting places located outside New South Wales). Such a determination must be:
(a)  in writing, and
(b)  published on the Commission’s internet website.
(6)  Section 114P (2) and (3)–(5) apply in relation to an application made under this section as if it were an application made under section 114P (1).
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