Constitutional Convention (Election) Act 2011

(1) The Commissioner may, in writing, approve the use of a specified electronic or other automated system (the approved system) for specified purposes relating to one or more of the following for the election:

(a) issuing and returning of ballot papers (including, for example, the confirmation and recording of the issuing of ballot papers);

(d) assisting electors who have a physical or other disability, illness, advanced pregnancy or another condition.

(2) The Commissioner must not give the approval unless the Commissioner is satisfied:

(a) the secrecy of the ballot will, as far as practicable, be maintained by the approved system; and

(b) the approval is warranted having regard to the practicality of the approved system and resources required to establish and maintain it; and

(c) the approval is consistent with the Commissioner's functions under this Act; and

(e) if subsection (1)(c) applies – there are exceptional circumstances relating to the specified group of electors.

(3) The Commissioner must give public notice about the approved system as soon as practicable after giving the approval.

(4) If the approval specifies that a thing covered by subsection (1)(a) to (d) may be done in accordance with the approved system instead of a specified requirement under this Act, a thing done in accordance with the approval has effect as if that requirement had been met.

(5) However, if the approval relates to the counting or scrutiny of votes or filling of vacancies, the approved system must be consistent with the provisions in the Schedule.