73AAPre‑poll voting offices

#### 73AA Pre‑poll voting offices (1) The Electoral Commissioner may declare, in writing, for a referendum: (a) a specified place to be a pre‑poll voting office; and (b) the day or days on which, and the hours during which, applications for pre‑poll votes may be made to a pre‑poll voting officer at that place. (1AA) The day, or the earliest of days, declared under paragraph (1)(b) must not be earlier than: (a) if the pre‑poll voting office for a referendum is also a place that teams will visit for the purposes of taking votes under section 51 (about mobile booths) at the referendum—the day that is 19 days before the voting day for the referendum; or (b) if paragraph (a) does not apply—the day that is 12 days before the voting day for the referendum. (1AB) A day or days declared under paragraph (1)(b) must not be a public holiday in the State or Territory in which the place to which the declaration relates is located. (1A) The Electoral Commissioner may, in a declaration under subsection (1) or in a separate written declaration under this subsection, specify that a particular pre‑poll voting office located in a Division is a place at which pre‑poll ordinary voting is available to voters enrolled for one or more specified other Divisions. > Note: For voters enrolled for a particular Division, pre‑poll ordinary voting is also available at pre‑poll voting offices located in the Division (see section 73CD). (2) If the Electoral Commissioner makes a declaration under subsection (1), the Electoral Commissioner must: (a) unless paragraph (b) applies, cause a copy of the declaration to be published, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate, before the first day (the first pre‑poll voting day) specified in the declaration under paragraph (1)(b); or (b) if, because of exceptional circumstances, the declaration is made on the first pre‑poll voting day, or so close to the first pre‑poll voting day that the Electoral Commissioner is not able to cause a copy of the declaration to be published, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate, before that day: (i) comply with subsection (3); and (ii) cause a copy of the declaration to be published, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate, as soon as practicable after making the declaration. (2A) Without limiting paragraph (1)(a), a place specified to be a pre‑poll voting office for a referendum may be a place that has been determined under paragraph 51(4)(a) to be a place that teams will visit for the purposes of taking votes under section 51 at the referendum. (3) For the purposes of subparagraph (2)(b)(i), the Electoral Commissioner must, as soon as practicable after making the declaration: (a) take all reasonable steps to inform each registered political party that the Electoral Commissioner considers it appropriate to inform, of the place, the day or days, and the hours specified in the declaration; and (b) if the Electoral Commissioner considers it appropriate to do so, publish in a newspaper circulating in the Division in which the place specified in the declaration is located a notice stating: (i) that the place has been declared to be a pre‑poll voting office; and (ii) the day or days on which, and the hours during which, applications for pre‑poll votes may be made to a pre‑poll voting officer at that place. (3A) If the Electoral Commissioner makes a declaration under subsection (1A), he or she must cause a copy of the declaration to be published on the Electoral Commission’s website and in any other way he or she considers appropriate. (4) A declaration made under subsection (1) or (1A) is not a legislative instrument. (4A) Failure to publish in accordance with this section a copy of a declaration made under subsection (1) or (1A) does not affect the validity of the declaration. (5) In this section: > registered political party has the same meaning as in the Commonwealth Electoral Act 1918.