Referendums Act 1997

If section 22(7) or 24C(7) applies for a person who is an elector or a person claiming to be an elector, the issuing officer must give the person a declaration envelope.

The declaration envelope must have on it the following questions—

‘Are you the same person whose name appears as [here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll for the name]?’

‘Have you already voted, either here or elsewhere, at this referendum?’

The person must write answers to the questions on the envelope, sign the envelope and have the signature witnessed by the issuing officer.

The issuing officer must keep the envelope and tell the person that he or she is not entitled to vote, if the person does not answer the questions or answers in either or both of the following ways—

in the negative to the question in subsection (2)(a);

in the affirmative to the question in subsection (2)(b).

The person must then leave the polling place.

If subsection (4) does not apply, the issuing officer must give the person a ballot paper.

The person must, without delay—

go alone to an unoccupied voting compartment at the polling place; and

there, in private, mark a vote on the ballot paper in accordance with section 33; and

place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and

leave the polling place.

Sections 23 and 24 apply to the making of a vote under this section in the same way, with any necessary changes, as they apply to the making of a vote under section 22.