39Issue of postal voting papers

39 Issue of postal voting papers (1) An authorised officer must issue, or issue and send, postal voting papers as follows: (a) the authorised officer must issue postal voting papers directly to a person if: (i) the person applies for the postal voting papers in person under regulation 37(1) or 38(1); and (ii) the application is not made before the day mentioned in subregulation (5); (b) the authorised officer must issue and send the postal voting papers to each other person who is taken to have applied for postal voting papers under regulation 37(2). (2) The postal vote certificate printed on the envelope that is issued to an applicant under subregulation (1) must contain the following: (a) if the person applied for postal voting papers under regulation 37(1) or replacement postal voting papers under regulation 38(1): (i) the person's name; and (ii) a space for the signature of the person; and (iii) a space for inserting the date when the envelope bearing the certificate is received by the authorised officer; and (iv) a space for inserting the person's address; and (v) a space for inserting the person's date of birth; and

Local Government (Electoral) Regulations 2021 26 (vi) a space for inserting the basis on which the person claims to be entitled to vote in the election; and (b) otherwise – the matters mentioned in paragraph (a)(i) to (iii). (3) A postal ballot paper issued under this Division must include a statement of the offence in regulation 74(1). (4) Subject to subregulations (5) to (8), postal voting papers must be issued and sent as soon as practicable after the order of candidates' names on the ballot paper is determined or, if applicable, the receipt of the application (whichever is the later). (5) Postal voting papers must be issued and sent not later than the day that is 15 days before election day, unless the person has made an application under regulation 37(1) or 38(1). (6) An authorised officer must not send postal voting papers to a person who did not apply in person for the postal voting papers if: (a) the application is received after 6 pm on the 4th day before election day and the address to which the postal voting papers are to be sent is outside Australia; or (b) the application is received after 6 pm on the second day before election day and the address to which the postal voting papers are to be sent is within Australia. (7) An authorised officer may send postal voting papers to a person whose application is received later than a time mentioned in subregulation (6) if the officer considers doing so is appropriate, having regard to: (a) the special circumstances of the person; and (b) the need to allow sufficient time for the papers to be completed by the person by 6 pm on election day; and (c) any other matters the officer considers relevant. (8) An authorised officer may issue postal voting papers to a person who applies for postal voting papers in person under regulation 37(1) or 38(1) if the application is made by 6 pm on