Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_27:p3
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 3/40)
Character Range: 32476–35296

38  Form of postal voter cards

        A postal voter card and postal ballot‑paper must be in the approved form.

      39  Postal voting

       (1) Subject to subrule (8), the following requirements for postal voting must be substantially given effect:
          (a) the voter must show his or her unsigned postal voter card and unmarked postal ballot‑paper to an authorised witness;
          (b) the voter must sign the postal voter card in the presence of the authorised witness;
          (c) the authorised witness must:
             (i) sign the postal voter card as an authorised witness; and
             (ii) write the date of the witnessing;
          (d) the voter must mark his or her vote on the ballot‑paper in the presence of the authorised witness but so that the witness cannot see the vote, fold the ballot‑paper, place it in the envelope addressed to the Returning Officer and seal the envelope;
          (e) the voter must have the postal voter card certified by an Aboriginal person or a Torres Strait Islander who is an office‑bearer of an Aboriginal or Torres Strait Islander Corporation to the effect that the voter is an Aboriginal person or a Torres Strait Islander;
          (f) the voter must enclose the following documents (the postal voting papers) in the outer envelope:
             (i) the envelope containing the ballot‑paper;
             (ii) the postal voter card;
          (g) subject to subrule (6), the voter must post or deliver the outer envelope containing the postal voting papers to the Returning Officer.

       (2) A person who is a candidate at an election must not certify a postal voter card under paragraph (1) (e).

       (3) If the voter cannot read, or experiences a disability, which means that he or she is unable to vote without assistance, a person chosen by the voter may, according to the directions of the voter:
          (a) complete the postal voter card for him or her; and
          (b) do for the voter any act required by paragraph (1) (d), (e) or (f).

       (4) Directions under subrule (3) may be given by reference to a how‑to‑vote card.

       (5) In the case of a ballot‑paper that:
          (a) if posted before the close of a poll — would be unlikely to reach the Returning Officer within 6 days after polling day; or
          (b) if delivered to the Returning Officer — would be unlikely to reach him or her before the close of the poll;
      the voter may take the steps set out in subrule (6).

       (6) For subrule (5), the voter may:
          (a) before the close of the poll:
             (i) address the postal voting papers to the Returning Officer; and
             (ii) send the papers to the officer; or
          (b) deliver the postal voting papers to a pre‑poll voting officer or a presiding officer.

       (7)