Div 5BVoting for eligible electors using telecommunications technology

Division 5B—Voting for eligible electors using telecommunications technology 84D—Voting for eligible electors using telecommunications technology (1) An eligible elector is entitled to vote in an election using a telecommunications technology voting method prescribed by the regulations. (2) Without limiting subsection (1) but subject to this section, regulations made for the purposes of subsection (1) may— (a) determine the telecommunications technology voting method to be used; and (b) provide for matters related to the voting using the telecommunications technology voting method (including, without limitation, matters relating to the provision of assistance to eligible electors using the method, requirements relating to the use of the method, the making of records of each eligible elector who voted using the method and matters of privacy and secrecy); and (c) provide for the application of this Act, or provisions of this Act, in relation to votes cast using the telecommunications technology voting method, including the modification of the application of this Act or a provision of this Act in relation to such votes; and (d) provide for any other matters related to the telecommunications technology voting method. (3) Subject to this Division, if an eligible elector votes using the telecommunications technology voting method (a telecommunications technology vote)— (a) this Act applies (subject to any modifications prescribed under subsection (2)(c)) in relation to a telecommunications technology vote as if it were a declaration vote; and (b) the record of the telecommunications technology vote produced in accordance with the regulations is to be taken to be a ballot paper for the purposes of this Act; and (c) the requirements of this Act in relation to the eligible elector's right to receive a ballot paper are to be taken to have been satisfied. eligible elector means— (a) a sight‑impaired elector; or (b) an elector who otherwise cannot vote without assistance because of motor impairment; telecommunications technology means technology that facilitates audio or video communication (or both) between 2 or more persons over a carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth). Division 6—Compulsory voting 85—Compulsory voting (1) Subject to subsection (2), it is the duty of every elector to record his or her vote at each election in a district for which the elector is enrolled. (2) An elector who leaves the ballot paper unmarked but who otherwise observes the formalities of voting is not in breach of the duty imposed by subsection (1). (3) Within the prescribed period after the close of each election, the Electoral Commissioner must send by post to each elector who appears not to have voted at the election a notice, in the prescribed form— (a) notifying the elector that he or she appears to have failed to vote at the election and that it is an offence to fail to vote at an election without a valid and sufficient reason; and (b) calling on him or her to show cause why proceedings for failing to vote at the election without a valid and sufficient reason should not be instituted against him or her, but the Electoral Commissioner, if satisfied that the elector is dead or had a valid and sufficient reason for not voting, need not send such a notice. (4) Before sending any such notice, the Electoral Commissioner must insert in the notice a date, not being less than 21 days after the date of posting of the notice, on which the form attached to the notice, duly filled up and signed by the elector, is to be in the hands of the Electoral Commissioner. (5) Every elector to whom a notice under this section has been sent must complete the form in the indicated place by stating the reasons (if any) why proceedings for failing to vote at the election should not be instituted against him or her, and then sign the form and return it to the Electoral Commissioner not later than the date inserted in the notice. (6) If an elector is absent or unable, by reason of physical incapacity, to complete, sign and return the form, within the time allowed under subsection (4), any other elector who has personal knowledge of the facts may complete, sign and return the form, duly witnessed, within that time, and, in that case, the elector will be taken to have complied with subsection (5). (7) An elector must not— (a) fail to vote at an election without a valid and sufficient reason for the failure; or (b) on receipt of a notice under subsection (3), fail to complete, sign and return the form (duly witnessed) that is attached to the notice within the time allowed under subsection (4). Maximum penalty: $50. Expiation fee: $10. (8) An elector has a valid and sufficient reason for failing to vote at an election if— (a) the elector was ineligible to vote at the election; or (b) the elector was absent from the State on polling day; or (c) the elector had a conscientious objection, based on religious grounds, to voting at the election; or (ca) the elector is an itinerant elector; or (d) there is some other proper reason for the elector's failure to vote. (9) A prosecution for an offence against this section— (a) cannot be commenced except by the Electoral Commissioner or an officer authorised in writing by the Electoral Commissioner; (b) in the case of a prosecution for failing to vote at an election or failing to return a notice to the Electoral Commissioner in accordance with subsection (4)—may be commenced at any time within 12 months of polling day. (10) In proceedings for an offence against this section— (a) a certificate apparently signed by the Electoral Commissioner certifying that an officer named in the certificate was authorised to commence the prosecution will, in the absence of proof to the contrary, be accepted as proof of that authority; (b) a certificate apparently signed by an officer certifying that the defendant failed to vote at a particular election will be accepted as proof of that failure to vote in the absence of proof to the contrary; (c) a certificate apparently signed by an officer certifying that a notice under subsection (3) was posted to an elector, at the address appearing on the electoral roll or at a postal address provided by the elector, on a date specified in the certificate, will be accepted, in the absence of proof to the contrary, as proof— (i) that the notice was duly sent to the elector on that date; and (ii) that the notice complied with the requirements of this Act; and (iii) that it was received by the elector on the date on which it would, in the ordinary course of post, have reached the address to which it was posted; (d) a certificate apparently signed by an officer certifying that the defendant failed to return a form under this section to the Electoral Commissioner within the time allowed under subsection (4) will be accepted, in the absence of proof to the contrary, as proof of the failure to return the form within that time. (11) In this section— itinerant elector means— (a) a person enrolled as an elector under section 31A; or (b) an itinerant elector within the meaning of the Commonwealth Electoral Act 1918. Division 7—Miscellaneous 86—Presiding officer may appoint substitute (1) The presiding officer at a polling booth may appoint a suitable person to act in the position during a temporary absence of the presiding officer from the polling booth. (2) A person appointed under subsection (1) has, while acting in the position of the presiding officer, all the powers, functions and responsibilities of the presiding officer. 87—Ballot boxes or other facilities to be kept secure (1) Subject to subsection (2), a ballot box or other facility used for keeping voting papers must be kept securely closed and sealed so as to prevent the introduction or removal of any paper or object except— (a) when it is immediately required for the purpose of receiving voting papers; or (b) when the voting papers are required for the purposes of scrutiny. (2) An officer must, before voting papers are first deposited in a ballot box or other secured facility for the purposes of an election, publicly exhibit it empty. 88—Adjournment of polling (1) If for any reason it is not practicable to proceed with polling at a polling place on polling day, the Electoral Commissioner may adjourn polling at that polling place for a period not exceeding 21 days. (2) Where for any reason the polling is adjourned at any polling place, only those electors for the district for which the polling place is appointed who were entitled to vote on polling day and who have not already voted, are entitled to vote at the adjourned polling.