Electoral Act 1907

The Electoral Commissioner, or officers directed by the Electoral Commissioner, must, at a time not earlier than 72 hours before the commencement of the poll on polling day, begin the scrutiny of declarations relating to postal ballot papers in the prescribed manner.

A postal ballot paper must be rejected if —

the declaration to which the ballot paper relates is not signed by —

the elector to whom it was sent; or

if section 100I applies — a person authorised to sign the declaration under that section;

the postal ballot paper contained in an envelope marked “postal ballot paper” is not the ballot paper for the election in relation to which the vote is cast.

Without limiting sections 140 and 146E, a postal ballot paper must not be rejected because of a mistake in spelling.

A postal ballot paper must not be rejected only because a declaration relating to the ballot paper is enclosed in the envelope marked “postal ballot paper”.

If the Electoral Commissioner believes that a declaration relating to a postal ballot paper is enclosed in the envelope marked “postal ballot paper”, the Electoral Commissioner may —

open that envelope and look for a declaration in that envelope, without permitting anyone to see the postal ballot paper; and

if there is a declaration in that envelope — extract the declaration; and

close and reseal the envelope containing the postal ballot paper; and

deal with the envelope in the prescribed manner.