85ACommissioner's power to approve electronic or other

85A Commissioner's power to approve electronic or other automated system (1) The Commissioner may, in writing, approve the use of a specified electronic or other automated system (the approved system) for specified purposes relating to one or more of the following for specified elections: (a) issuing and returning of ballot papers (including, for example, the confirmation and recording of the issuing of ballot papers); (ab) issuing and returning of postal voting papers; (b) counting and processing of votes; (c) voting by a specified group of electors; (d) assisting electors who have a physical or other disability, illness, advanced pregnancy or another condition. (2) The Commissioner must not give the approval unless the Commissioner is satisfied: (a) as far as practicable, the secrecy of the ballot will be maintained by the approved system; and (b) the approval is warranted having regard to the practicality of the approved system and resources required to establish and maintain it; and Electoral Act 2004 46 (c) the approval is consistent with the Commissioner's functions under this Act; and (d) the approved system would be supported by secure facilities; and (e) if subsection (1)(c) applies – there are exceptional circumstances relating to the specified group of electors. (3) The Commissioner must give public notice about the approved system. (4) If the approval specifies that a thing covered by subsection (1)(a) to (d) may be done in accordance with the approved system instead of a specified requirement under this Act, a thing done in accordance with the approval has effect as if that requirement had been met.