NSWIn ForceAct
Electoral Act 2017
163AProcessing of early voting centre ballot papers
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#### 163A Processing of early voting centre ballot papers
163A Processing of early voting centre ballot papers
> > (1) This section applies to the processing of ballot papers deposited in ballot boxes at an early voting centre.
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> > (2) The processing of ballot papers may be conducted—
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> > > (a) during the authorised period, and
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> > > (b) within a restricted area in a ballot counting place, and
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> > > (c) in accordance with the regulations, and
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> > > (d) in accordance with the instructions in relation to secrecy determined by the Electoral Commissioner, if any.
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> > (3) The Electoral Commissioner may, for votes cast at an early voting centre, appoint a restricted area within a ballot counting place.
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> > (4) The Electoral Commissioner must not appoint a place as a restricted area unless satisfied that arrangements may be made to ensure that an election manager or election official may control entry to and exit from the area.
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> > (5) An election manager, voting centre manager or election official must not conduct the processing of ballot papers unless the Electoral Commissioner has given written notice to each registered party and each candidate whose name is printed on the ballot papers specifying—
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> > > (a) the early voting centre, and
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> > > (b) the authorised period, and
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> > > (c) the location of the restricted area.
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> > (6) A person must not enter the restricted area with a device that could be used to convey or transmit information to a person or device located outside the restricted area.
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> > Maximum penalty—20 penalty units.
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> > (7) A person must not disclose or otherwise use information obtained during the processing of ballot papers for a purpose other than the conducting of the processing.
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> > Maximum penalty—20 penalty units.
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> > (8) A scrutineer commits an offence if—
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> > > (a) the scrutineer is present while processing ballot papers under this section is being undertaken, and
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> > > (b) the scrutineer discloses or communicates information that relates to the processing to persons outside the restricted area, and
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> > > (c) the disclosure or communication is made before the closing of the poll.
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> > Maximum penalty—20 penalty units.
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> > (9) In this section—
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> > authorised period means the period of 2 hours immediately before the close of voting specified in the written notice given under subsection (5).
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> > processing, in relation to ballot papers, does not include counting the ballot papers but does include the following—
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> > > (a) exhibiting ballot boxes for the inspection of the scrutineers,
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> > > (b) recording the condition of the ballot boxes when received,
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> > > (c) opening ballot boxes and removing ballot papers from the box,
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> > > (d) unfolding ballot papers and sorting them into groups as follows—
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> > > > (i) a group for each candidate for whom a ballot paper indicates a first preference,
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> > > > (ii) a group for informal votes.
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> > restricted area means an area specified in the written notice under subsection (5).
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> **s 163A:** Ins 2026 No 6, Sch 1\[74\].