24Scrutiny of ballot papers

#### 24 Scrutiny of ballot papers (1) The Divisional Returning Officer must conduct the scrutiny of the ballot papers forwarded by the Assistant Returning Officer under subsection 23(2). (2) For a general election, Senate election or by‑election, the procedures in Part XVIII of the Act apply to the scrutiny with the modifications necessary to ensure that: (a) no preliminary scrutiny mentioned in section 266 of the Act is to be conducted; and (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and (c) it is irrelevant that the voter did not complete the ballot paper personally; and (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person or Antarctic elector. (3) For a referendum, the procedures in Part VI of the Referendum (Machinery Provisions) Act apply to the scrutiny with the modifications necessary to ensure that: (a) no preliminary scrutiny mentioned in section 89A of that Act is to be conducted; and (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and (c) it is irrelevant that the voter did not complete the ballot paper personally; and (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person or Antarctic elector. (4) A person commits an offence of strict liability if the person: (a) is not the Divisional Returning Officer, or a person performing tasks under the direction of the Divisional Returning Officer; and (b) conducts the scrutiny. Penalty: 5 penalty units.