Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_140:p7
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 140 (pt 7/9)
Character Range: 150201–152934

10 penalty units.

               Part 8  Miscellaneous

      158  Further elections

       (1) Where an election for a ward:
          (a) is taken under rule 27 to have wholly failed; or
          (b) is declared by the Court under section 143I of the Act and Schedule 4 to the Act to be absolutely void;
      the Minister may determine that a further election for a member for the ward is to be held.

       (2) Where a further election is to be held, the Minister, by notice in writing, published in the Gazette, is to fix a day or days for the polling in relation to that election.

       (3) Where the day or days for the polling in a further election are fixed under subrule (2), the Electoral Commissioner must, by notice in writing published in the Gazette, appoint by name such polling places as it considers necessary for each ward in respect of which a further election is to be held.

       (4) Where a further election is to be held, that election must be conducted in accordance with these Rules.

      159  Advice to voters not entitled to vote in respect of a ward

        Where the Returning Officer decides that a person who has cast a vote in relation to a ward is not a voter enrolled in respect of that ward, the Returning Officer must notify the person in writing of his or her decision as soon as practicable.

      160  Extension of time for acts by officers

        Where:
          (a) an officer is required by a provision of the Act or these Rules to do an act at a particular time or within a particular period; and
          (b) the officer refuses or fails to do the act at the time, or within the period, required by that provision;
      the Electoral Commissioner may determine that the act may be done within such further time, not exceeding 48 hours, as the Electoral Commissioner fixes.

      161  Proof of posting

        Where these Rules provide for electoral papers to be transmitted to a voter , evidence that the electoral papers were properly addressed to the voter and posted is taken, in the absence of proof to the contrary, as evidence that the papers were duly served on and received by the voter to whom they were addressed on the day when in the ordinary course of post they should have been received at his or her address.

      162  Storage and destruction of electoral papers

       (1) After the scrutiny for an election is completed, the officer who conducted the scrutiny must:
          (a) parcel, in separate sealed parcels, the following classes of electoral papers received in relation to the election:
             (i) ballot-papers;
             (ii) voter cards;
             (iii) postal voter cards; and
             (iv) pre-poll voter cards;