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.