VICIn ForceAct
Electoral Act 2002
110JEarly processing of votes under sections 99 and 106
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110J Early processing of votes under sections 99 and 106
(1) This section applies to the processing of—
(a) ballot-papers deposited in ballot-boxes kept at an early voting centre under section 99(3); and
(b) ballot-papers received by post under section 106.
(2) The processing of ballot-papers must be conducted—
(a) during the authorised period; and
(b) within a restricted area; and
S. 110J(2)(ba) inserted by No. 13/2022 s. 24(1).
(ba) in the presence of any scrutineer; and
(c) in accordance with the regulations; and
(d) in accordance with any instructions in relation to secrecy determined by the Commission.
(3) An election manager or election official cannot conduct any processing of ballot-papers unless the election manager or election official has given written notice to each registered political party and each candidate whose name is printed on the ballot-papers specifying—
(a) the authorised period; and
(b) the location of the restricted area.
(4) A person must not enter the restricted area with any device that could be used to convey or transmit any information to a person or device located outside the restricted area.
Penalty: 600 penalty units.
(5) A person must not disclose or otherwise use information obtained during the processing of ballot-papers for any purpose other than the conducting of the processing.
(6) In this section—
S. 110J(6) def. of *authorised period* amended by No. 13/2022 s. 24(2).
***authorised period*** means—
(a) in the case of ballot-papers deposited in ballot-boxes kept at an early voting centre under section 99(3), the period of 10 hours immediately before the close of voting specified in the written notice given under subsection (3); and
(b) in the case of ballot-papers received by post under section 106, the period of 10 hours immediately before the close of voting specified in the written notice given under subsection (3);
***restricted area*** means an area specified in the written notice under subsection (3)—
(a) that precludes any person outside that area from seeing or hearing any aspect of the processing; and
(b) that is under the control of an election manager or election official who can permit a person to enter or leave that area.