Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p15
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 15/19)
Character Range: 144144–146809

officer; and
 (b) an envelope that:
 (i) is addressed to the returning officer; and
 (ii) shows on its face that it relates to the election.
 (2) The envelope given to a voter by a returning officer:
 (a) may be pre‑paid as to postage; and
 (b) in that case—may include on its face a statement by the returning officer that the envelope may be posted to the returning officer without expense to the voter.
 (3) The returning officer must ensure that the ballot‑paper and envelope are enclosed in a covering envelope that is sealed and addressed to the voter.

3.16  Manner of voting by secret ballot
 (1) A voter in a poll by secret ballot must mark the ballot‑paper to indicate the voter's preference by placing the number 1 in the box printed opposite the name of the candidate for whom the voter wishes to vote.
 (2) After marking the ballot‑paper, the voter must:
 (a) fold the ballot‑paper so as to conceal the marking; and
 (b) put the ballot‑paper in the envelope referred to in paragraph 3.15(1)(b) and seal the envelope; and
 (c) lodge the ballot by:
 (i) putting the envelope containing the ballot‑paper in a locked and sealed ballot box, provided for the election by the returning officer, in a secure part of the workplace where the members of the workforce in the designated work group to which the election relates may place envelopes of that kind; or
 (ii) sending the envelope to the returning officer so as to reach the returning officer not later than the close of the poll.
 (3) If, before lodging their ballot, a voter:
 (a) claims that the voter has spoilt the voter's ballot‑paper; and
 (b) returns the ballot‑paper to the returning officer; and
 (c) requests a further ballot‑paper;
the returning officer must:
 (d) give the voter a fresh ballot‑paper; and
 (e) write the word 'spoilt' across the returned ballot‑paper and sign and date the writing; and
 (f) retain the spoilt ballot‑paper until the end of 6 months after notification of the result of the poll is given under section 3.27.

Division 4—The count

3.17  Envelopes given to returning officer
 (1) A returning officer for an election must:
 (a) keep the ballots received by the returning officer before the close of the poll secure; and
 (b) keep the envelopes containing the ballot‑papers unopened until the count.
 (2) The returning officer must not admit to the count ballot‑papers received by the returning officer after the close of the poll.
 (3) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).
Penalty: 10 penalty units.

3.18  Scrutineers
  Each candidate in a poll conducted by secret ballot may appoint one scrutineer to