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Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Bill 2010

Schedule 1 Amendments relating to pre-poll votes

Part 1 Amendments

Commonwealth Electoral Act 1918

1  Subsection 4(1) (definition of Compartment )

Repeal the definition, substitute:

compartment means:

                     (a)  in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 206; and

                     (b)  in relation to a place at which pre-poll ordinary voting is available—a compartment constructed in the place pursuant to section 200DE.

Note:          For the places at which pre-poll ordinary voting is available, see section 200DD.

2  Subsection 4(1) (paragraph (b) of the definition of declaration vote )

After “pre-poll”, insert “declaration”.

3  Subsection 4(1)

Insert:

pre-poll declaration vote : see subsection 200AA(2).

4  Subsection 4(1)

Insert:

pre-poll ordinary vote : see subsection 200AA(2).

5  Subsection 99B(1) (note)

Omit “a postal, pre-poll, absent or provisional vote”, substitute “a postal vote, a pre-poll declaration vote, an absent vote or a provisional vote”.

6  Before section 200A

Insert:

Division 1 Introduction

200AA   Guide to this Part

             (1)  This Part deals with pre-poll votes.

             (2)  There are 2 different kinds of pre-poll vote:

                     (a)  a pre-poll ordinary vote , which is a vote made in accordance with Division 3; and

                     (b)  a pre-poll declaration vote , which is a vote made in accordance with Division 4.

             (3)  General matters relevant to both kinds of pre-poll vote are set out in Division 2.

Division 2 General matters

7  At the end of subsection 200A(2)

Add:

Note:          A person who is provisionally enrolled is not entitled to vote by pre-poll ordinary vote: see paragraph 200DG(2)(f).

8  Subsection 200A(3)

After “this Part”, insert “(other than Division 3)”.

9  After subsection 200BA(1)

Insert:

          (1A)  The Electoral Commission may, in a declaration under subsection (1) or in a separate written declaration under this subsection, specify that a particular pre-poll voting office located in a Division is a place at which pre-poll ordinary voting is available to voters enrolled for one or more specified other Divisions.

Note:          For voters enrolled for a particular Division, pre-poll ordinary voting is also available at pre-poll voting offices located in the Division or in the office of the DRO for the Division (see section 200DD).

10  After subsection 200BA(3)

Insert:

          (3A)  If the Electoral Commission makes a declaration under subsection (1A), the Electoral Commission must cause a copy of the declaration to be published in the Gazette .

11  Subsection 200BA(4)

After “subsection (1)”, insert “or (1A)”.

12  At the end of subsection 200C(1)

Add:

Note:          Pre-poll voting at the office of an Assistant Returning Officer outside Australia must be by pre-poll declaration vote. Voting by pre-poll ordinary vote is not available at such offices (see section 200DD).

13  At the end of subsection 200D(3)

Add:

Note:          Pre-poll voting at the office of an Assistant Returning Officer outside Australia must be by pre-poll declaration vote. Voting by pre-poll ordinary vote is not available at such offices (see section 200DD).

14  After section 200DB

Insert:

Division 3 Voting by pre-poll ordinary vote

Subdivision A Preliminary

200DC   Definitions

                   In this Division:

issuing officer : see subsection 200DH(2).

pre-poll ordinary ballot-box : see section 200DN.

voter : see subsection 200DG(1).

voter’s Division : see paragraph 200DG(1)(b).

voting officer , in relation to a place at which pre-poll ordinary voting is available, means a DRO, or a pre-poll voting officer, at the place.

voting place : see paragraph 200DG(1)(b).

200DD   Where is pre-poll ordinary voting available?

             (1)  Subject to subsections (2) and (4), for voters enrolled for a particular Division, pre-poll ordinary voting is available at the following places:

                     (a)  any pre-poll voting office that is located within the Division;

                     (b)  any other pre-poll voting office that is specified, as mentioned in subsection 200BA(1A), as a place at which pre-poll ordinary voting is available to voters enrolled for the Division;

                     (c)  the office of the DRO for the Division.

             (2)  The Electoral Commissioner may, in writing, determine that pre-poll ordinary voting is not available at one or more specified places, either generally or as specified in the determination.

             (3)  A determination made under subsection (2) is not a legislative instrument.

             (4)  For voters enrolled for a particular Division, pre-poll ordinary voting is not available at a particular place referred to in subsection (1) unless a copy of the certified list of voters for the Division has been delivered to the place (see subsection 208(4)).

200DE   Separate voting compartments

                   Each place at which pre-poll ordinary voting is available must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot papers. There must be a pencil in each compartment for use by voters.

200DF   Ballot-boxes

             (1)  Each place at which pre-poll ordinary voting is available must be provided with the necessary ballot-boxes.

             (2)  Each of those ballot-boxes must be capable of being securely fastened.

Subdivision B Voting by pre-poll ordinary vote

200DG   When is a person entitled to vote by pre-poll ordinary vote?

             (1)  Subject to subsection (2), a person (the voter ) is entitled to vote by pre-poll ordinary vote if:

                     (a)  the voter has, in accordance with Division 2, applied for a pre-poll vote; and

                     (b)  the voter’s name is on a copy of the certified list of voters for a particular Division (the voter’s Division ) that has been delivered to the place (the voting place ) at which the application is made; and

                     (c)  the voting place is a place at which pre-poll ordinary voting is available to voters enrolled for the voter’s Division.

Note:          If the voter is not entitled to vote by pre-poll ordinary vote, the voter may instead be able to vote by pre-poll declaration vote under Division 4.

             (2)  The voter is not entitled to vote by pre-poll ordinary vote if:

                     (a)  the voter does not comply with the requirements of section 200DH relating to the pre-poll certificate for ordinary voting; or

                     (b)  the voter:

                              (i)  refuses to answer fully any question he or she is asked under section 200DI; or

                             (ii)  answers a question specified in paragraph 200DI(1)(c) in the affirmative; or

                     (c)  the issuing officer has asked the voter one or more questions under subsection 200DI(2) about matters shown, for a particular person, on a copy of the certified list of voters for the voter’s Division to establish whether the voter is that particular person, and one of the following applies:

                              (i)  the voter’s answers do not accord with the relevant information shown for that particular person on the list;

                             (ii)  the voter’s answers accord with the relevant information shown for that particular person on the list but the issuing officer is not satisfied that the person is that particular person; or

                     (d)  the voter’s name is on a copy of the certified list of voters for the voter’s Division but his or her address does not appear on the list; or

                     (e)  a mark on a copy of the certified list of voters for the voter’s Division indicates that the voter has already voted; or

                      (f)  the voter is provisionally enrolled.

200DH   Voter to complete and sign pre-poll vote certificate for ordinary voting

             (1)  If, under subsection 200DG(1) (but disregarding subsection 200DG(2)), the voter is entitled to vote by pre-poll ordinary vote, a voting officer must give the voter a pre-poll vote certificate for ordinary voting.

             (2)  The voter must complete and sign the certificate and give it to a voting officer (the issuing officer ).

             (3)  A pre-poll vote certificate for ordinary voting must be in the approved form.

200DI   Questions to be put to voter

             (1)  The issuing officer must ask the voter the following questions:

                     (a)  What is your full name?

                     (b)  Where do you live?

                     (c)  Have you voted before in this election? or Have you voted before in these elections? (as the case requires).

             (2)  If the answers the voter gives to the questions in paragraphs (1)(a) and (b) do not satisfy the issuing officer that the applicant is a particular person on a copy of the certified list of voters for a particular Division, the officer may ask the voter one or more other questions about matters shown on the list for the particular person, to establish whether the voter is that particular person.

200DJ   Right of voter to receive ballot paper

             (1)  If, under section 200DG, the voter is entitled to vote by pre-poll ordinary vote, the issuing officer must give the voter a ballot paper, duly initialled by the officer.

             (2)  The issuing officer, at the request of a scrutineer, must note any objection by the scrutineer to the right of the voter to vote by pre-poll ordinary vote, and must keep that record.

             (3)  The issuing officer must, immediately after giving the ballot paper to the voter, place a mark against the voter’s name on a copy of the certified list of voters for the voter’s Division.

200DK   Voter to mark vote on ballot paper

                   Except as otherwise prescribed by the regulations, the voter, upon receipt of a ballot paper under section 200DJ, must without delay:

                     (a)  go to an unoccupied compartment of the voting place and mark his or her ballot paper in private; and

                     (b)  fold the ballot paper so as to conceal his or her vote and deposit it in a ballot-box; and

                     (c)  leave the voting place.

200DL   Assistance to certain voters

             (1)  If the voter satisfies a voting officer that the voter cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the voter may, according to the directions of the voter, do any of the following acts:

                     (a)  complete (but not sign) the pre-poll vote certificate for ordinary voting;

                     (b)  read the certificate to the voter;

                     (c)  give the completed certificate to a voting officer;

                     (d)  enter an unoccupied compartment of the voting place with the voter and mark the voter’s vote on the ballot paper;

                     (e)  fold the ballot paper and deposit it in a ballot-box.

Note:          Subject to section 336, the pre-poll vote certificate for ordinary voting must still be signed by the voter.

             (2)  Directions under subsection (1) may be given by reference to a how-to-vote card.

             (3)  The other provisions of this Division have effect subject to this section.

200DM   Voter not entitled to vote again etc.

                   After the voter has, under sections 200DH and 200DJ, been given a pre-poll vote certificate for ordinary voting and a ballot paper:

                     (a)  the voter is not entitled to remove the certificate or the ballot paper from the voting place; and

                     (b)  the voter is not entitled to vote again in the same election.

Subdivision C Requirements relating to ballot-boxes

200DN   Subdivision sets out requirements to be complied with

                   This Subdivision sets out requirements to be complied with in relation to each ballot-box (a pre-poll ordinary ballot-box ) that is used for pre-poll ordinary voting at a particular place.

200DO   Requirements to be complied with before first use of ballot-box

                   Before a ballot-box is first used for pre-poll ordinary voting at the place, a voting officer, in the presence of any scrutineers, must exhibit the ballot-box empty at the place, and then securely fasten its cover.

200DP   Requirements to be complied with at end of each day of use of ballot-box

             (1)  At the end of each day when pre-poll ordinary voting is available at the place, and in the presence of any scrutineers, each pre-poll ordinary ballot-box used on that day must be closed, fastened and sealed by a voting officer.

             (2)  After a pre-poll ordinary ballot-box has been sealed, it must on no account be opened except as allowed by this Act.

200DQ   Requirements to be complied with before ballot-box used again on later day

                   If:

                     (a)  a pre-poll ordinary ballot-box has been sealed after use at the place on a day; and

                     (b)  the ballot-box is to be used again on a later day for pre-poll ordinary voting at the place;

before the ballot-box is so used again, a voting officer, in the presence of any scrutineers, must examine the ballot-box, and make it ready to receive ballot papers.

200DR   Forwarding of ballot-boxes for purposes of scrutiny

             (1)  Subject to any directions under subsection (2), at the close of the poll, a voting officer must, with the least possible delay, forward each sealed pre-poll ordinary ballot-box for the purposes of scrutiny.

             (2)  The DRO for the Division in which the place is located may direct that one or more sealed pre-poll ordinary ballot-boxes at the place are to be forwarded, for the purposes of scrutiny, before the close of the poll.

             (3)  If a direction made under subsection (2) is in writing, the direction is not a legislative instrument.

Division 4 Voting by pre-poll declaration vote

200DS   Persons to whom this Division applies

                   This Division applies to a person who has, in accordance with Division 2, applied for a pre-poll vote but who is not, under Division 3, entitled to vote by pre-poll ordinary vote.

15  Subsection 200E(1)

Omit “The officer to whom an application for a pre-poll vote is made”, substitute “If this Division applies to a person (the elector ) who has applied for a pre-poll vote, the officer to whom the application was made”.

Note:       The heading to section 200E is replaced by the heading “ Pre-poll declaration voting ”.

16  Paragraph 200E(1)(a)

After “certificate”, insert “for declaration voting”.

17  Subsection 200E(9)

After “pre-poll vote certificate”, insert “for declaration voting”.

18  Section 200F

After “pre-poll vote certificate”, insert “for declaration voting”.

Note:       The heading to section 200F is altered by adding at the end “ for declaration voting ”.

19  Subsection 200G(1)

After “Where”, insert “, under subsection 200E(1),”.

20  Subsection 200G(1)

After “pre-poll vote certificate”, insert “for declaration voting”.

21  Subsection 200G(2)

After “Where”, insert “, under subsection 200E(1)”.

22  Subsection 200G(2)

After “pre-poll vote certificate”, insert “for declaration voting”.

23  Paragraph 200J(1)(a)

After “issued”, insert “under subsection 200E(1)”.

24  Section 200K

After “when”, insert “, under section 200E,”.

25  Section 200K

After “pre-poll vote certificate”, insert “for declaration voting”.

26  Section 201

After “pre-poll vote certificate”, insert “for declaration voting”.

27  Subsections 202(1) and (2)

After “pre-poll”, insert “declaration”.

28  At the end of section 208

Add:

             (4)  The Electoral Commissioner must also arrange for a copy of the certified list of voters for a Division to be delivered to each place at which pre-poll ordinary voting is, under section 200DD (but disregarding subsection 200DD(4)), available to voters enrolled for the Division.

29  Subsection 221(3)

After “section 229”, insert “or 200DI”.

30  Section 230

After “presiding officer,”, insert “or the issuing officer within the meaning of Division 3 of Part XVA,”.

31  Subsection 238(1)

After “presiding officer” (first occurring), insert “, or the issuing officer within the meaning of Division 3 of Part XVA,”.

32  Subsection 238(1)

After “presiding officer” (second occurring), insert “or issuing officer”.

33  Subsection 238(4)

Omit “cancelled at a polling place”, substitute “that have been cancelled under subsection (1) or (2)”.

34  Paragraph 268(1)(a)

After “presiding officer”, insert “or the issuing officer (within the meaning of Division 3 of Part XVA),”.

35  Paragraph 273(2)(a)

Repeal the paragraph, substitute:

                     (a)  exhibit for the inspection of the scrutineers:

                              (i)  each ballot-box received from a presiding officer, electoral visitor or mobile polling team leader; and

                             (ii)  each pre-poll ordinary ballot-box (within the meaning of Division 3 of Part XVA) received from a voting officer (within the meaning of that Division);

36  Paragraph 273(2)(ab)

Repeal the paragraph, substitute:

                   (ab)  check the accuracy of the statement of the presiding officer, electoral visitor, mobile polling team leader or voting officer by:

                              (i)  removing the ballot papers from the box; and

                             (ii)  counting, but not inspecting, them; and

                            (iii)  recording the number of ballot papers removed from the box;

37  Paragraph 274(2)(a)

Repeal the paragraph, substitute:

                     (a)  exhibit for the inspection of the scrutineers:

                              (i)  each ballot-box received from a presiding officer, electoral visitor or mobile polling team leader; and

                             (ii)  each pre-poll ordinary ballot-box (within the meaning of Division 3 of Part XVA) received from a voting officer (within the meaning of that Division);

38  Paragraph 274(2)(ab)

Omit “or mobile polling team leader”, substitute “, mobile polling team leader or voting officer”.

39  Paragraph 393A(1)(f)

After “certificates”, insert “(both for ordinary voting and for declaration voting)”.

Referendum (Machinery Provisions) Act 1984

40  Subsection 3(1)

Insert:

compartment means:

                     (a)  in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 20; and

                     (b)  in relation to a place at which pre-poll ordinary voting is available—a compartment constructed in the place pursuant to section 73CE.

Note:          For the places at which pre-poll ordinary voting is available, see section 73CD.

41  Subsection 3(1) (paragraph (b) of the definition of declaration vote )

After “pre-poll”, insert “declaration”.

42  Subsection 3(1)

Insert:

pre-poll declaration vote : see subsection 71A(2).

43  Subsection 3(1)

Insert:

pre-poll ordinary vote : see subsection 71A(2).

44  At the end of section 22

Add:

             (4)  The Electoral Commissioner must also arrange for a copy of the certified list of voters for a Division to be delivered to each place at which pre-poll ordinary voting is, under section 73CD (but disregarding subsection 73CD(4)), available to voters enrolled for the Division.

45  Subsection 32(1)

After “presiding officer,”, insert “or the issuing officer within the meaning of Division 3 of Part IVA,”.

46  Subsection 38(1) (note 1)

Omit “a postal, pre-poll, absent or provisional vote”, substitute “a postal vote, a pre-poll declaration vote, an absent vote or a provisional vote”.

47  Subsection 41(1)

After “at which the person is voting”, insert “, or the issuing officer within the meaning of Division 3 of Part IVA,”.

48  Subsection 41(1)

After “presiding officer” (second occurring), insert “or issuing officer”.

49  Subsection 41(4)

Omit “cancelled at a polling place”, substitute “that have been cancelled under subsection (1) or (2)”.

50  Before section 72

Insert:

Division 1 Introduction

71A   Guide to this Part

             (1)  This Part deals with pre-poll votes.

             (2)  There are 2 different kinds of pre-poll vote:

                     (a)  a pre-poll ordinary vote , which is a vote made in accordance with Division 3; and

                     (b)  a pre-poll declaration vote , which is a vote made in accordance with Division 4.

             (3)  General matters relevant to both kinds of pre-poll vote are set out in Division 2.

Division 2 General matters

51  At the end of subsection 72(2)

Add:

Note:          A person who is provisionally enrolled is not entitled to vote by pre-poll ordinary vote: see paragraph 73CG(2)(f).

52  Subsection 72(3)

After “this Part”, insert “(other than Division 3)”.

53  After subsection 73AA(1)

Insert:

          (1A)  The Electoral Commission may, in a declaration under subsection (1) or in a separate written declaration under this subsection, specify that a particular pre-poll voting office located in a Division is a place at which pre-poll ordinary voting is available to voters enrolled for one or more specified other Divisions.

Note:          For voters enrolled for a particular Division, pre-poll ordinary voting is also available at pre-poll voting offices located in the Division or in the office of the DRO for the Division (see section 73CD).

54  After subsection 73AA(3)

Insert:

          (3A)  If the Electoral Commission makes a declaration under subsection (1A), the Electoral Commission must cause a copy of the declaration to be published in the Gazette .

55  Subsection 73AA(4)

After “subsection (1)”, insert “or (1A)”.

56  At the end of subsection 73A(1)

Add:

Note:          Pre-poll voting at the office of an Assistant Returning Officer outside Australia must be by pre-poll declaration vote. Voting by pre-poll ordinary vote is not available at such offices (see section 73CD).

57  At the end of subsection 73B(3)

Add:

Note:          Pre-poll voting at the office of an Assistant Returning Officer outside Australia must be by pre-poll declaration vote. Voting by pre-poll ordinary vote is not available at such offices (see section 73CD).

58  After paragraph 73C(a)

Insert:

                    (aa)  the specification of a place in accordance with subsection 200BA(1A) of the Commonwealth Electoral Act 1918 is to be regarded as having been made in relation to the place in accordance with subsection 73AA(1A) of this Act for the purposes of the referendum;

                   (ab)  a determination made in relation to a place in accordance with subsection 200DD(2) of the Commonwealth Electoral Act 1918 is to be regarded as having been made in relation to the place in accordance with subsection 73CD(2) of this Act for the purposes of the referendum;

59  Paragraph 73C(c)

Repeal the paragraph, substitute:

                     (c)  a pre-poll vote certificate for ordinary voting for the purposes of the election also has effect as a pre-poll vote certificate for ordinary voting for the purposes of the referendum;

                    (ca)  a pre-poll vote certificate for declaration voting for the purposes of the election also has effect as a pre-poll vote certificate for declaration voting for the purposes of the referendum;

60  After section 73CB

Insert:

Division 3 Voting by pre-poll ordinary vote

Subdivision A Preliminary

73CC   Definitions

                   In this Division:

issuing officer : see subsection 73CH(2).

pre-poll ordinary ballot-box : see section 73CN.

voter : see subsection 73CG(1).

voter’s Division : see paragraph 73CG(1)(b).

voting officer , in relation to a place at which pre-poll ordinary voting is available, means a DRO, or a pre-poll voting officer, at the place.

voting place : see paragraph 73CG(1)(b).

73CD   Where is pre-poll ordinary voting available?

             (1)  Subject to subsections (2) and (4), for voters enrolled for a particular Division, pre-poll ordinary voting is available at the following places:

                     (a)  any pre-poll voting office that is located within the Division;

                     (b)  any other pre-poll voting office that is specified, as mentioned in subsection 73AA(1A), as a place at which pre-poll ordinary voting is available to voters enrolled for the Division;

                     (c)  the office of the DRO for the Division.

             (2)  The Electoral Commissioner may, in writing, determine that pre-poll ordinary voting is not available at one or more specified places, either generally or as specified in the determination.

             (3)  A determination made under subsection (2) is not a legislative instrument.

             (4)  For voters enrolled for a particular Division, pre-poll ordinary voting is not available at a particular place referred to in subsection (1) unless a copy of the certified list of voters for the Division has been delivered to the place (see subsection 22(4)).

73CE   Separate voting compartments

                   Each place at which pre-poll ordinary voting is available must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot-papers. There must be a pencil in each compartment for use by voters.

73CF   Ballot-boxes

             (1)  Each place at which pre-poll ordinary voting is available must be provided with the necessary ballot-boxes.

             (2)  Each of those ballot-boxes must be capable of being securely fastened.

Subdivision B Voting by pre-poll ordinary vote

73CG   When is a person entitled to vote by pre-poll ordinary vote?

             (1)  Subject to subsection (2), a person (the voter ) is entitled to vote by pre-poll ordinary vote if:

                     (a)  the voter has, in accordance with Division 2, applied for a pre-poll vote; and

                     (b)  the voter’s name is on a copy of the certified list of voters for a particular Division (the voter’s Division ) that has been delivered to the place (the voting place ) at which the application is made; and

                     (c)  the voting place is a place at which pre-poll ordinary voting is available to voters enrolled for the voter’s Division.

Note:          If the voter is not entitled to vote by pre-poll ordinary vote, the voter may instead be able to vote by pre-poll declaration vote under Division 4.

             (2)  The voter is not entitled to vote by pre-poll ordinary vote if:

                     (a)  the voter does not comply with the requirements of section 73CH relating to the pre-poll certificate for ordinary voting; or

                     (b)  the voter:

                              (i)  refuses to answer fully any question he or she is asked under section 73CI; or

                             (ii)  answers a question specified in paragraph 73CI(1)(c) or subsection 73CI(4) in the affirmative; or

                     (c)  the issuing officer has asked the voter one or more questions under subsection 73CI(2) about matters shown, for a particular person, on a copy of the certified list of voters for the voter’s Division to establish whether the voter is that particular person, and one of the following applies:

                              (i)  the voter’s answers do not accord with the relevant information shown for that particular person on the list;

                             (ii)  the voter’s answers accord with the relevant information shown for that particular person on the list but the issuing officer is not satisfied that the person is that particular person; or

                     (d)  the voter’s name is on a copy of the certified list of voters for the voter’s Division but his or her address does not appear on the list; or

                     (e)  a mark on a copy of the certified list of voters for the voter’s Division indicates that the voter has already voted; or

                      (f)  the voter is provisionally enrolled.

73CH   Voter to complete and sign pre-poll vote certificate for ordinary voting

             (1)  If, under subsection 73CG(1) (but disregarding subsection 73CG(2)), the voter is entitled to vote by pre-poll ordinary vote, a voting officer must give the voter a pre-poll vote certificate for ordinary voting.

             (2)  The voter must complete and sign the certificate and give it to a voting officer (the issuing officer ).

             (3)  A pre-poll vote certificate for ordinary voting must be in the approved form.

73CI   Questions to be put to voter

             (1)  The issuing officer must ask the voter the following questions:

                     (a)  What is your full name?

                     (b)  Where do you live?

                     (c)  Have you voted before in this referendum? or Have you voted before in these referendums? (as the case requires).

             (2)  If the answers the voter gives to the questions in paragraphs (1)(a) and (b) do not satisfy the issuing officer that the applicant is a particular person on a copy of the certified list of voters for a particular Division, the officer may ask the voter one or more other questions about matters shown on the list for the particular person, to establish whether the voter is that particular person.

If election is held on same day

             (3)  If the voting day for a referendum is the same as that fixed for the polling at an election, the answers by the voter under section 200DI of the Commonwealth Electoral Act 1918 for the purposes of the election may, if they are satisfactory as regards the election, be accepted as sufficient to enable the person to vote at the referendum.

             (4)  If the issuing officer accepts, pursuant to subsection (3), the answers by the voter to the questions referred to in that subsection as sufficient to enable the person to vote at a referendum, the officer may, if he or she thinks fit, put to the voter the following question, namely, Have you already voted, either here or elsewhere, at this referendum (or these referendums, as the case requires)?

73CJ   Right of voter to receive ballot-paper

             (1)  If, under section 73CG, the voter is entitled to vote by pre-poll ordinary vote, the issuing officer must give the voter a ballot-paper, duly initialled by the officer.

             (2)  The issuing officer, at the request of a scrutineer, must note any objection by the scrutineer to the right of the voter to vote by pre-poll ordinary vote, and must keep that record.

             (3)  The issuing officer must, immediately after giving the ballot-paper to the voter, place a mark against the voter’s name on a copy of the certified list of voters for the voter’s Division.

73CK   Voter to mark vote on ballot-paper

                   Except as otherwise prescribed by the regulations, the voter, upon receipt of a ballot-paper under section 73CJ, must without delay:

                     (a)  go to an unoccupied compartment of the voting place and mark his or her ballot-paper in private; and

                     (b)  fold the ballot-paper so as to conceal his or her vote and deposit it in a ballot-box; and

                     (c)  leave the voting place.

73CL   Assistance to certain voters

             (1)  If the voter satisfies a voting officer that the voter cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the voter may, according to the directions of the voter, do any of the following acts:

                     (a)  complete (but not sign) the pre-poll vote certificate for ordinary voting;

                     (b)  read the certificate to the voter;

                     (c)  give the completed certificate to a voting officer;

                     (d)  enter an unoccupied compartment of the voting place with the voter and mark the voter’s vote on the ballot-paper;

                     (e)  fold the ballot-paper and deposit it in a ballot-box.

Note:          Subject to section 127, the pre-poll vote certificate for ordinary voting must still be signed by the voter.

             (2)  Directions under subsection (1) may be given by reference to a how-to-vote card.

             (3)  The other provisions of this Division have effect subject to this section.

73CM   Voter not entitled to vote again etc.

                   After the voter has, under sections 73CH and 73CJ, been given a pre-poll vote certificate for ordinary voting and a ballot-paper:

                     (a)  the voter is not entitled to remove the certificate or the ballot-paper from the voting place; and

                     (b)  the voter is not entitled to vote again in the same referendum.

Subdivision C Requirements relating to ballot-boxes

73CN   Subdivision sets out requirements to be complied with

                   This Subdivision sets out requirements to be complied with in relation to each ballot-box (a pre-poll ordinary ballot-box ) that is used for pre-poll ordinary voting at a particular place.

73CO   Requirements to be complied with before first use of ballot-box

                   Before a ballot-box is first used for pre-poll ordinary voting at the place, a voting officer, in the presence of any scrutineers, must exhibit the ballot-box empty at the place, and then securely fasten its cover.

73CP   Requirements to be complied with at end of each day of use of ballot-box

             (1)  At the end of each day when pre-poll ordinary voting is available at the place, and in the presence of any scrutineers, each pre-poll ordinary ballot-box used on that day must be closed, fastened and sealed by a voting officer.

             (2)  After a pre-poll ordinary ballot-box has been sealed, it must on no account be opened except as allowed by this Act.

73CQ   Requirements to be complied with before ballot-box used again on later day

                   If:

                     (a)  a pre-poll ordinary ballot-box has been sealed after use at the place on a day; and

                     (b)  the ballot-box is to be used again on a later day for pre-poll ordinary voting at the place;

before the ballot-box is so used again, a voting officer, in the presence of any scrutineers, must examine the ballot-box, and make it ready to receive ballot-papers.

73CR   Forwarding of ballot-boxes for purposes of scrutiny

             (1)  Subject to any directions under subsection (2), at the close of the poll, a voting officer must, with the least possible delay, forward each sealed pre-poll ordinary ballot-box for the purposes of scrutiny.

             (2)  The DRO for the Division in which the place is located may direct that one or more sealed pre-poll ordinary ballot-boxes at the place are to be forwarded, for the purposes of scrutiny, before the close of the poll.

             (3)  If a direction made under subsection (2) is in writing, the direction is not a legislative instrument.

Division 4 Voting by pre-poll declaration vote

73CS   Persons to whom this Division applies

                   This Division applies to a person who has, in accordance with Division 2, applied for a pre-poll vote but who is not, under Division 3, entitled to vote by pre-poll ordinary vote.

61  Subsection 73D(1)

Omit “The officer to whom an application for a pre-poll vote is made”, substitute “If this Division applies to a person (the elector ) who has applied for a pre-poll vote, the officer to whom the application was made”.

Note:       The heading to section 73D is replaced by the heading “ Pre-poll declaration voting ”.

62  Subsection 73D(1)

After “certificate”, insert “for declaration voting”.

63  Subsection 73D(9)

After “pre-poll vote certificate”, insert “for declaration voting”.

64  Section 73E

After “pre-poll vote certificate”, insert “for declaration voting”.

Note:       The heading to section 73E is altered by adding at the end “ for declaration voting ”.

65  Subsection 73F(1)

After “Where”, insert “, under subsection 73D(1),”.

66  Subsection 73F(1)

After “pre-poll vote certificate”, insert “for declaration voting”.

67  Subsection 73F(2)

After “Where”, insert “, under subsection 73D(1)”.

68  Subsection 73F(2)

After “pre-poll vote certificate”, insert “for declaration voting”.

69  Paragraph 73H(1)(a)

After “issued”, insert “under subsection 73D(1)”.

70  Section 73J

After “when”, insert “, under section 73D,”.

71  Section 73J

After “pre-poll vote certificate”, insert “for declaration voting”.

72  Section 73K

After “pre-poll vote certificate”, insert “for declaration voting”.

73  At the end of subparagraph 90(1)(e)(i)

Add “, and each pre-poll ordinary ballot-box (within the meaning of Division 3 of Part IVA) received from a voting officer (within the meaning of that Division)”.

74  Subparagraph 90(1)(e)(iii)

Omit “or electoral visitor”, substitute “, electoral visitor or voting officer”.

75  Paragraph 93(1)(a)

After “presiding officer”, insert “or the issuing officer (within the meaning of Division 3 of Part IVA),”.

76  Paragraph 142A(1)(f)

After “certificates”, insert “(both for ordinary voting and for declaration voting)”.

Part 2 Application of amendments

77  Application of amendments

(1)       The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments.

(2)       However, the amendments do not apply to any by-election that is held before the first general election to which the amendments apply.