Constitutional Convention (Election) Act 2011

(1) If a person attends before an authorised officer for a division at a polling place during polling hours and claims to vote at the election for the division, the officer must issue a ballot paper (a declaration ballot paper) to the person for the division if:

(a) the person states the person's full name and, unless the person's address is suppressed, the person's address; and

(ii) has been marked to indicate a ballot paper has already been issued to the person but the person declares the person has not already voted at the election; and

(c) the person completes and signs a declaration in the approved form in the presence of the officer; and

(2) In addition, if a person mentioned in section 38(2) attends before an authorised officer for a division at a polling place during polling hours and claims to vote at the election, the officer must issue a ballot paper (also a declaration ballot paper) to the person for the person's enrolled division if:

(a) the person states the person's full name and, unless the person's address is suppressed, the person's address; and

(b) the officer is satisfied the officer's certified list of voters has been marked to indicate a ballot paper has already been issued to the person but the person declares the person has not already voted at the election; and

(c) the person completes and signs a declaration in the approved form in the presence of the officer; and

(a) immediately before issuing the ballot paper to the person, initial the back of the ballot paper; and

(b) immediately after issuing the ballot paper to the person, make a record of its issue.

(4) The declaration by a person to whom subsection (1)(b)(i) applies must state the following:

(i) has complied with Part VIII of the Commonwealth Act before the close of roll; or

(ii) has made an application under section 15(4)(a) in the circumstances mentioned in section 15(4)(b) before the close of roll;

(b) if paragraph (a)(i) applies – to the best of the person's knowledge, no objection has been upheld in relation to the inclusion of the person's name on the roll;

(c) the person is not qualified for enrolment in a division other than the division for which the person claims to vote;

(5) The declaration by a person to whom subsection (1)(b)(ii) or (2) applies must state the person has not already voted at the election.