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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.