Document ID: chunk:federal_register_of_legislation:C2004A04142:body:0:p5
Version: federal_register_of_legislation:C2004A04142
Segment Type: other
Provision Reference: 
Character Range: 10103–12717

paper of a declaration voter must be placed in the same envelope as the election ballot paper.

"(3) The referendum ballot paper of a declaration voter is to be admitted to further scrutiny for the referendum if, and only if, the election ballot paper is admitted to further scrutiny for the election.

"(4) A voter who is entitled to assistance in casting a declaration vote for the election is entitled to the same assistance in casting a declaration vote for the referendum.

Marking a ballot paper

"40. A voter must mark his or her ballot paper in accordance with the directions on it.

Informal ballot papers

  "41. (1) A ballot paper is informal if, and only if:

  (a) it:

       (i) does not bear the official mark; or

     (ii) is not authenticated by the initials of the issuing officer; and the Australian Capital Territory Electoral Officer is not satisfied that it is an authentic ballot paper; or

    (b)     it has no vote marked on it or the voter's intention is not clear; or

    (c)     it has on it any mark or writing (other than a mark or writing authorised by law or placed on the ballot paper by an officer) by which, in the opinion of the Australian Capital Territory Electoral Officer, the voter can be identified.

"(2) Effect is to be given to a ballot paper according to the voter's intention, so far as that intention is clear.

Scrutiny

  "42. The Australian Capital Territory Electoral Officer must:

    (a)     cause the number of votes in favour of each option, and the number of informal votes, to be counted; and

    (b)     as soon as practicable after the count is concluded, publish a notice in the Commonwealth Gazette setting out the numbers so counted.

Close of the polling in Antarctica

"43. The procedure on and after the close of the poll in Antarctica is the same for the referendum as for the election.

General offences

"44. (1) The provisions of the Electoral Act creating offences in relation to the election apply in the same way, subject to paragraph (2) (b), in relation to the referendum.

  "(2) For the purposes of subsection (1):

    (a) the relevant period defined in section 322 of that Act is the same period for the referendum as for the election; and

    (b) 'electoral matter' means matter that is intended or likely to affect voting in the referendum, and includes any matter that contains an express or implied reference to the referendum or to either of the options.

Bribery

"45. (1) A person must not give or confer, or promise or offer to give or confer, any property or benefit of any kind to another person:

     (a) in order to