Commonwealth Electoral Act 1918

The Electoral Commissioner may declare, in writing, for an election:

a specified place to be a pre‑poll voting office; and

the day or days on which, and the hours during which, applications for pre‑poll votes may be made to a pre‑poll voting officer at that place.

The day, or the earliest of the days, declared under paragraph (1)(b) must not be earlier than the day that is 12 days before polling day in the election.

A day or days declared under paragraph (1)(b) must not be a public holiday in the State or Territory in which the place to which the declaration relates is located.

The Electoral Commissioner 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.

For voters enrolled for a particular Division, pre‑poll ordinary voting is also available at pre‑poll voting offices located in the Division (see section 200DD).

If the Electoral Commissioner makes a declaration under subsection (1), the Electoral Commissioner must:

unless paragraph (b) applies, cause a copy of the declaration to be published, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate, before the first day (the first pre‑poll voting day) specified in the declaration under paragraph (1)(b); or

if, because of exceptional circumstances, the declaration is made on the first pre‑poll voting day, or so close to the first pre‑poll voting day that the Electoral Commissioner is not able to cause a copy of the declaration to be published, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate, before that day:

comply with subsection (3); and

cause a copy of the declaration to be published, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate, as soon as practicable after making the declaration.

For the purposes of subparagraph (2)(b)(i), the Electoral Commissioner must, as soon as practicable after making the declaration:

take all reasonable steps to inform the following persons of the place, the day or days, and the hours specified in the declaration:

each candidate for election to the House of Representatives for the Division in which the place is located;

each candidate for election to the Senate for the State or Territory in which the place is located;

if a candidate referred to in subparagraph (i) or (ii) has been endorsed by a registered political party—that political party; and

if the Electoral Commissioner considers it appropriate to do so, publish in a newspaper circulating in the Division in which the place specified in the declaration is located a notice stating:

that the place has been declared to be a pre‑poll voting office; and

the day or days on which, and the hours during which, applications for pre‑poll votes may be made to a pre‑poll voting officer at that place.

If the Electoral Commissioner makes a declaration under subsection (1A), he or she must cause a copy of the declaration to be published on the Electoral Commission’s website and in any other way he or she considers appropriate.

A declaration made under subsection (1) or (1A) is not a legislative instrument.

Failure to publish in accordance with this section a copy of a declaration made under subsection (1) or (1A) does not affect the validity of the declaration.