347Preliminary scrutiny of postal ballot-papers

#### 347 Preliminary scrutiny of postal ballot-papers 347 Preliminary scrutiny of postal ballot-papers > > (1) The returning officer may— > > > > > (a) without opening it, examine an envelope received by the returning officer containing a ballot-paper to determine whether— > > > > > > > (i) the postal vote certificate is visible through a window in the envelope, or > > > > > > > (ii) the postal vote certificate is printed on the envelope, and > > > > > (b) if the postal vote certificate is not visible through a window or printed on the envelope, but the returning officer considers it likely that the postal vote certificate is sealed inside the envelope— > > > > > > > (i) open the envelope without destroying it, and > > > > > > > (ii) withdraw the documents inside the envelope and ascertain whether the postal vote certificate was sealed inside the envelope, and > > > > > > > (iii) if a postal vote certificate was sealed with the ballot-paper inside another envelope, and that envelope has a window through which it is possible to view the postal vote certificate— > > > > > > > > > (A) without further inspecting the documents or allowing another person to inspect the documents, replace the documents in the envelope in a way that enables the postal vote certificate to be visible through the window in the envelope, and > > > > > > > > > (B) reseal the envelope, and > > > > > > > (iv) if a postal vote certificate envelope was sealed with the ballot-paper inside another envelope, but that envelope does not have a window through which it is possible to view a postal vote certificate— > > > > > > > > > (A) take out the postal vote certificate envelope, and > > > > > > > > > (B) if the ballot-paper is not sealed inside the postal vote certificate envelope but the returning officer is satisfied that the ballot-paper relates to the postal vote certificate envelope—place the ballot-paper inside the postal vote certificate envelope and seal the postal vote certificate envelope, and > > > > > > > (v) if a postal vote certificate was not sealed with the ballot-paper inside the other envelope— > > > > > > > > > (A) without further inspecting the documents or allowing another person to inspect the documents, replace the documents in the envelope, and > > > > > > > > > (B) reseal the envelope, and > > > > > > > > > (C) reject the envelope from further scrutiny. > > > (2) The returning officer— > > > > > (a) may, on a day not more than 14 days before election day, at an approved time and place, and in the presence of scrutineers who choose to be present, produce the sealed envelopes containing postal votes that have been received by the returning officer, including— > > > > > > > (i) envelopes that were opened and resealed under subsection (1)(b)(iii), and > > > > > > > (ii) postal vote certificate envelopes that were removed from other envelopes under subsection (1)(b)(iv), and > > > > > (b) must, at the scrutiny, produce all of the following remaining sealed envelopes containing postal votes— > > > > > > > (i) envelopes received by the returning officer up to 6pm on the 13th day, or for a rural and remote council on the 20th day, following the election day, > > > > > > > (ii) in relation to an attendance election—envelopes received by an election official before 6pm on election day under section 318(5). > > > (3) The returning officer must then— > > > > > (a) if satisfied the postal vote certificate was properly signed and witnessed and the elector is entitled to vote in the ward or area to which the postal vote certificate relates—accept the ballot-paper for further scrutiny, or > > > > > (b) if not satisfied—disallow the ballot-paper without opening the envelope. > > > (4) If a ballot-paper is accompanied by, but is not inside, a postal vote certificate envelope that has been properly signed and witnessed, the returning officer may accept the ballot-paper for further scrutiny only if satisfied that the postal vote certificate relates to that ballot-paper. > > > (5) If the returning officer accepts a ballot-paper for further scrutiny, the returning officer must do the following— > > > > > (a) open the envelope without destroying it, > > > > > (b) withdraw the postal ballot-paper, > > > > > (c) without inspecting the ballot-paper, or allowing another person to inspect the ballot-paper, place the ballot-paper in a ballot-box for further scrutiny. > > > (6) To avoid doubt, a ballot-box into which a ballot-paper has been placed under this section must not be opened before the close of voting. > > **s 347:** Subst 2024 (327), Sch 1\[30\]. Am 2025 (228), Sch 1\[2\].