Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:10:p8
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 10 (pt 8/13)
Character Range: 83509–86101

secret ballot
  A person eligible to vote in an election may request the returning officer for the election to conduct the poll for the election by secret ballot.

3.11  Conduct of poll by secret ballot
 (1) As soon as practicable after a request under regulation 3.10, the returning officer must issue ballot‑papers for the poll to voters.
 (2) The returning officer must conduct the poll in accordance with Divisions 3 and 4.

3.12  Conduct of poll if no request made for secret ballot
  Subject to Division 5, if no request is made for a secret ballot, the returning officer for an election may conduct a poll for the election in a manner determined by him or her to produce a fair result.

3.13  If no candidate is elected
  If, in an election, no candidate is elected, the election is taken to have failed.

Division 3—Polling by secret ballot

3.14  Ballot‑papers
  A ballot‑paper must:
 (a) state the election to which it relates; and
 (b) set out the name of each candidate in alphabetical order; and
 (c) state the manner of voting.

3.15  Distribution of ballot papers
 (1) As soon as practicable before the close of a poll by secret ballot, the returning officer for an election must give to each voter:
 (a) a ballot‑paper that is initialled by the returning 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 his or her preference by placing the number 1 in the box printed opposite the name of the candidate for whom that person 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