Commonwealth Electoral Act 1918

The regulations may provide for an electronically assisted voting method to be used by sight‑impaired people to vote at general elections, Senate elections and by‑elections.

The regulations must provide for an electronically assisted voting method to be used by Antarctic electors to vote at general elections, Senate elections and by‑elections.

Without limiting subsection (1) or (1A), the regulations may:

determine, or provide for the determination of, the following:

the electronically assisted voting method;

matters related to the voting using the electronically assisted voting method, including the provision of assistance to persons using the method, what has to be done after a person has used the method, and matters of privacy and secrecy;

the number of places where the electronically assisted voting method is to be available, where those places are, and the days and hours when the method is to be available;

which persons may use the electronically assisted voting method; and

make provision for, and in relation to, the appointment by the Electoral Commissioner of officers in relation to the conduct of the electronically assisted voting method; and

allow the electronically assisted voting method to be used in a particular period before polling day, as well as on polling day; and

provide for other matters related to the integrity of the use of the electronically assisted voting method.

The electronically assisted voting method must be such that a person using the method:

for a Senate election:

receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the Senate election that the person would be given if he or she were instead voting under Part XVI; and

is able to indicate his or her vote in a way that, if he or she were instead marking a ballot paper, would satisfy the requirements of section 239; and

for a general election or by‑election:

receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the general election or by‑election that the person would be given if he or she were instead voting under Part XVI; and

is able to indicate his or her vote in a way that, if he or she were instead marking a ballot paper, would satisfy the requirements of section 240.

The regulations may provide for offences in relation to the electronically assisted voting method, and may prescribe penalties for those offences. A prescribed penalty must not exceed 50 penalty units.

Nothing in this Part or in regulations made for the purposes of this Part authorises any person to vote more than once at an election.

Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, regulations made for the purposes of this Part may make different provision in relation to sight‑impaired persons and Antarctic electors.