133AChallenge whether claimant to vote is Aboriginal or

133A Challenge whether claimant to vote is Aboriginal or Torres Strait Islander person (1) This section applies if a liaison officer suspects on reasonable grounds that a person claiming to vote under section 133 (the claimant) is not an Aboriginal or Torres Strait Islander person. (2) The liaison officer may ask the claimant any question the officer believes on reasonable grounds is necessary to decide whether the claimant is an Aboriginal or Torres Strait Islander person. (3) The liaison officer must consider any answer the claimant gives the officer. (4) If the liaison officer decides, on the balance of probabilities, that the claimant is not an Aboriginal or Torres Strait Islander person, the officer must— (a) challenge the claimant’s right to vote at the election; and (b) tell the claimant about the claimant’s right to cast a declaration vote under section 133B; and (c) tell the issuing officer under section 133 about the challenge; and (d) record the details of the challenge in a register (the liaison officer’s objections register) and sign the record. (5) After being challenged under subsection (4), the claimant may— (a) leave the polling place; or (b) elect to cast a declaration vote under section 133B.

Modification [1.42] page 46 Aboriginal and Torres Strait Islander Elected Body (6) If the claimant elects to cast a declaration vote under section 133B, the liaison officer must give the claimant a written notice about the challenge, including a statement to the effect that— (a) notice of the liaison officer’s decision will be given to the review panel under section 134A (Review of challenge under s 133A); and (b) the claimant’s ballot paper will only be admitted to scrutiny if the review panel decides that the claimant is an Aboriginal or Torres Strait Islander person.