65Postal voting

#### 65 Postal voting (1) The following requirements for postal voting shall be substantially observed: (a) the person voting must show the unsigned postal vote certificate and the unmarked postal ballot paper to an authorised witness; (b) the person must sign the postal vote certificate in the presence of the authorised witness; (c) the authorised witness shall sign the certificate as witness, adding the date and an indication of the capacity in which the witness acts; (d) the person must then, in the presence of the authorised witness but so that the witness cannot see the vote, mark his or her vote on the ballot paper, place it in the envelope on which the postal vote certificate is printed and fasten the envelope; (da) the person must declare, on the postal vote certificate, that the requirements referred to in paragraphs (a), (b) and (d) were satisfied before the close of voting; (db) the authorised witness must declare, on the postal vote certificate, that the requirements referred to in paragraphs (a) to (c) were satisfied before the close of voting; (e) the person must post or deliver the envelope to the DRO for the Division for which the person is enrolled; (f) if the person (the elector) cannot read or is so disabled as to be unable to vote without assistance, another person chosen by the elector may, according to the directions of the elector, complete the postal vote certificate and do for the elector any act required by paragraph (d) or (e); (g) directions under paragraph (f) may be given by reference to a how‑to‑vote card. (1AA) In spite of paragraphs (1)(d), (da), (db) and (f), if the postal vote certificate is not printed on the envelope but the postal vote certificate is to be placed in the envelope: (a) the requirement referred to in paragraph (1)(d) for the person voting to fasten the envelope after placing the ballot paper in the envelope does not apply; and (b) the person voting, or a person acting on behalf of that person under paragraph (1)(f), must declare, on the postal vote certificate, that, subject to paragraph (a) of this subsection, the requirements referred to in paragraphs (1)(a), (b) and (d) were satisfied before the close of voting; and (c) the authorised witness must declare, on the postal vote certificate, that the requirements referred to in paragraphs (1)(a) to (c) were satisfied before the close of voting; and (d) the person voting, or a person acting on behalf of that person under paragraph (1)(f), must, in the presence of the authorised witness, place the postal vote certificate in the envelope and fasten the envelope. (1A) A postal vote by a person outside Australia that does not meet the requirements in subsection (1) concerning an authorised witness is, despite that subsection, taken to meet those requirements for the purposes of this Act if: (a) a signed and dated statement by the person setting out why the person was unable to comply with those requirements: (i) accompanies the postal vote; or (ii) is produced by the person in the approved form; or (iii) is given in writing by the person; and (b) the DRO or officer dealing with the postal vote under section 67 is satisfied that the person made reasonable efforts to comply with those requirements; and (c) if subparagraph (a)(i) applies—the postal vote is accompanied by a photocopy, that is certified by the person to be a true copy, of a part of the person’s passport that includes the details set out in subsection (1B); and (d) if subparagraph (a)(ii) or (iii) applies—a copy of a part of the person’s passport that includes the details set out in subsection (1B) is produced in the approved form, or given in writing, by the person. (1B) For the purposes of paragraphs (1A)(c) and (d), the details of the part of the person’s passport are the following: (a) the country and date of issue; (b) the number of the passport; (c) the person’s name, date of birth and signature; (d) a photograph of the person. (1C) The following provisions of the Electronic Transactions Act 1999 apply in relation to subparagraphs (1A)(a)(ii) and (iii) and paragraph (1A)(d) of this section despite any regulations in force for the purposes of subsection 7A(2) of that Act: (a) subsection 8(1); (b) Division 2 of Part 2; (c) Division 3 of Part 2. To avoid doubt, this subsection does not affect the operation of that Act, including as affected by any such regulations, in relation to any other provision of this Act. (2) In spite of paragraph (1)(e), where: (a) a ballot paper, if posted before the close of voting, would be unlikely to reach the DRO for the Division for which the person is enrolled within 13 days after voting day; or (b) a ballot paper, if it were to be delivered to the DRO for the Division for which the person is enrolled, would be unlikely to reach the DRO before the close of voting; the envelope containing the ballot paper may: (c) before the close of voting be addressed to, and posted or delivered to, any other DRO or to an Assistant Returning Officer at a place outside Australia; or (d) be handed to a pre‑poll voting officer; or (e) be delivered, on voting day and before the close of voting, to a presiding officer (other than a mobile polling team leader who is deemed to be a presiding officer); or (g) be handed to a mobile polling team leader when the team is at a place for the purpose of taking votes under section 51; or (h) be handed, before the close of the poll, to a person who is at a capital city office of the Electoral Commission and who is: (i) the holder of a particular office provided for by Division 3 or 4 of Part II of the Commonwealth Electoral Act 1918 or by section 5 or 6 of this Act; or (ii) a member of the staff of the Electoral Commission (not being the holder of a particular office referred to in subparagraph (i)) who is engaged under the Public Service Act 1999 as an ongoing APS employee within the meaning of that Act, or who is employed under paragraph 35(1)(b) of the Commonwealth Electoral Act 1918. (3) A person to whom an envelope containing a ballot paper is posted, delivered or handed under subsection (2) shall deal with the envelope and ballot paper according to section 67.