23Scrutiny before opening of envelopes containing ballot papers

23 Scrutiny before opening of envelopes containing ballot papers

(1) On the day that is 4 days after the polling day in the election, a Divisional Returning Officer must do the following for each envelope forwarded to the Divisional Returning Officer under subsection 22(2): (a) find the name of the voter that corresponds to the registration number on the envelope; (b) check whether a mark has been placed against the voter’s name on a copy of a certified list of voters, or a record for the voter has been made against an approved list of voters, under section 200DJ or 232 of the Act. The envelope is not to be opened. Action if voter not found to have already voted (2) If, at the time of checking, no mark has been placed against the voter’s name on a copy of a certified list of voters, and no record for the voter has been made against an approved list of voters, under section 200DJ or 232 of the Act, the Divisional Returning Officer must, without inspecting the ballot paper or allowing another individual to do so: (a) open the envelope and withdraw the ballot paper; and (b) place the ballot paper in a ballot‑box for further scrutiny under section 24. Action if voter found to have already voted (3) If, at the time of checking, a mark has been placed against the voter’s name on a copy of a certified list of voters, or a record for the voter has been made against an approved list of voters, under section 200DJ or 232 of the Act, the Divisional Returning Officer must, in every circumstance and without opening the envelope, exclude the ballot paper contained in the envelope from further scrutiny under section 24. (4) The Divisional Returning Officer must seal up in a parcel ballot papers excluded under subsection (3) and write on the parcel a description of the contents, the name of the Division and the date. Offence for opening secure telephone vote envelope (5) An individual commits an offence of strict liability if the individual: (a) opens an envelope placed in a ballot‑box mentioned in paragraph 14(3)(e); and (b) is neither the Divisional Returning Officer nor an individual performing tasks under the direction of the Divisional Returning Officer.

Penalty: 5 penalty units.