86Electoral Commissioner's power to approve electronic or other

86 Electoral Commissioner's power to approve electronic or other automated systems (1) The Electoral Commissioner may, in writing, approve the use of a specified electronic or other automated system (approved system) for specified purposes relating to any of the following: (a) issuing and returning of ballot papers; (b) counting and processing of votes; (c) voting by a specified group of persons; (d) assisting persons to vote who have a physical or other disability, illness, advanced pregnancy or another condition. Example for subregulation (1)(a) The confirmation and recording of the issuing of ballot papers. Examples for subregulation (1)(c) Voters in remote locations or interstate or overseas voters. (2) The Electoral Commissioner must not give the approval unless the Electoral 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 system and resources required to establish and maintain it; and (c) the approval is consistent with the Electoral Commissioner's functions under these Regulations; and (d) the approved system would be supported by secure facilities; and (e) if subregulation (1)(c) applies – there are exceptional circumstances relating to the specified group of persons. (3) As soon as practicable after giving the approval, the Electoral Commissioner must give notice to the public of the approved system that is reasonable and practicable in the circumstances.

Local Government (Electoral) Regulations 2021 50 (4) If the approval specifies that a matter covered by subregulation (1) may be done in accordance with the approved system instead of a specified requirement under these Regulations, a thing done in accordance with the approval has effect as if that requirement had been met.