Electoral Act 2004
56Issue of declaration ballot paper
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56 Issue of declaration ballot paper voting centre during voting hours and claims to vote at an election, the officer must issue a ballot paper (a declaration ballot paper) to the person for the division if: (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. (1A) A person to whom subsection (1)(b)(i) applies may be required to provide proof of identity in accordance with section 98AA(2) of the Commonwealth Act. (2) In addition, if a person mentioned in section 54(2) attends before an authorised officer for a division at a voting centre during voting hours and claims to vote at an election, the officer must issue a ballot paper (also a declaration ballot paper) to the person for the person's enrolled division if:
Electoral Act 2004 34 person's enrolled division used by the officer 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) is eligible to enrol under Part VIII of the Commonwealth Act; (b) 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.