Electoral Regulations 1996

The officer concerned with the scrutiny of declarations made under section 97B, 97C, 97D, 97E or 97F of the Act or regulation 11(3)(a)(i) in relation to absent or provisional votes must —

examine the declaration to ensure it is signed by the person claiming to vote and witnessed by the officer; and

examine the roll to ensure that the name of the person claiming to vote is enrolled; and

if the name is on the roll —

make a record of the elector having voted; and

detach the declaration from the ballot paper envelope, remove the ballot paper contained in the envelope and place the ballot paper, without inspection, in a ballot box or packet for the relevant district or the whole of State electorate, as the case requires, to await counting in accordance with the relevant provisions of the Act; and

keep the ballot box or packet secure;

if the name is not on the roll — set the envelope aside for retention by the Electoral Commissioner.

The officer concerned with the scrutiny of declarations made under section 97G of the Act in relation to provisional votes must —

examine the declaration to ensure it is signed by the person claiming to vote and witnessed by the officer; and

retain the envelope until the person’s claim for enrolment, or claim for enrolment or transfer of enrolment under the Commonwealth Electoral Act 1918 to be enrolled on a Commonwealth roll for this State, is decided; and

if the person is enrolled pursuant to the claim —

make a record of the elector having voted; and

detach the declaration from the ballot paper envelope, remove the ballot paper contained in the envelope and place the ballot paper, without inspection, in a ballot box or packet for the relevant district or the whole of State electorate, as the case requires, to await counting in accordance with the relevant provisions of the Act; and

keep the ballot box or packet secure;

if paragraph (c) does not apply — set the envelope aside for retention by the Electoral Commissioner.

If a declaration relating to an absent or provisional vote is not signed by the officer, the officer conducting the scrutiny of the declarations must not reject the ballot paper for that reason alone.