Document ID: chunk:federal_register_of_legislation:C2025C00152:section:194:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 194 (pt 1/3)
Character Range: 405610–408241

194  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) except in the case of a person registered as a general postal voter on the ground set out in paragraph 184A(2)(e) or (f), 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 the ballot paper 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 the poll;
 (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 the poll;
 (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.
 (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 195A 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)