Electoral Act 1907

An officer working at a polling place may require a person claiming under section 96C(1) or 97A(1)(a) to vote in an election at the polling place to make a prescribed declaration before the officer.

Without limiting subsection (1), if the officer is satisfied that the person has not otherwise voted in the election, the officer may require the person to make a prescribed declaration if —

the person refuses to fully answer a question asked under section 96C; or

despite section 95, the officer is not satisfied, on the basis of the answers to the questions asked under section 96C, that the person is entitled to vote in the election.

However, subsection (2)(a) does not apply to a person who is a silent elector to the extent the person refuses to answer a question the answer to which might enable their electoral address to be ascertained.

A scrutineer may request that the presiding officer for a polling place require a person to make a prescribed declaration before the person is permitted to vote in an election at the polling place under section 96D(2) or 97A(2).

If the presiding officer receives a request under subsection (4), the presiding officer must require the person to make a prescribed declaration before an officer working at the polling place before the person is permitted to vote.

A person who makes a declaration as required under subsection (1) or (5) may vote as a provisional voter.