40Issue of declaration ballot paper

40 Issue of declaration ballot paper polling place during polling hours and claims to vote at the election for the division, the officer must issue a ballot paper (a declaration ballot paper) to the person for the division if: (b) the officer is satisfied the officer's certified list of voters: (i) does not state the person's name and address; or (ii) has been marked to indicate a ballot paper has already been issued to the person but the person declares the person has not already voted at the election; and (c) the person completes and signs a declaration in the approved (d) the officer signs the declaration as witness. (2) In addition, if a person mentioned in section 38(2) attends before an authorised officer for a division at a polling place during polling hours and claims to vote at the election, the officer must issue a ballot paper (also a declaration ballot paper) to the person for the person's enrolled division if:

Constitutional Convention (Election) Act 2011 23 (b) the officer is satisfied the officer's certified list of voters has been marked to indicate a ballot paper has already been issued to the person but the person declares the person has not already voted at the election; and (c) the person completes and signs a declaration in the approved (d) the officer signs the declaration as witness. (a) immediately before issuing the ballot paper to the person, initial the back of the ballot paper; and (b) immediately after issuing the ballot paper to the person, make a record of its issue. (4) The declaration by a person to whom subsection (1)(b)(i) applies must state the following: (a) the person: (i) has complied with Part VIII of the Commonwealth Act before the close of roll; or (ii) has made an application under section 15(4)(a) in the circumstances mentioned in section 15(4)(b) before the close of roll; (b) if paragraph (a)(i) applies – to the best of the person's knowledge, no objection has been upheld in relation to the inclusion of the person's name on the roll; (c) the person is not qualified for enrolment in a division other than the division for which the person claims to vote; (d) the person has not already voted at the election. (5) The declaration by a person to whom subsection (1)(b)(ii) or (2) applies must state the person has not already voted at the election.