Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_27:p4
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 4/40)
Character Range: 35029–38019

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) The Returning Officer, a pre‑poll voting officer or a presiding officer to whom postal voting papers are delivered under subrules (5) and (6) must deal with the papers in accordance with rule 41.

       (8) In subrule (1), authorised witness, in relation to a particular election, does not include a candidate in the election.

      40  Unauthorised interference

        Except at a voter's request, a person must not:
          (a) interfere with the voter in relation to the marking of his or her postal ballot‑paper; or
          (b) do anything that would enable the person or any other person to find out what is marked on the postal ballot‑paper.

            Penalty:   10 penalty units.

      41  Procedure for dealing with postal voter cards etc

        If a pre‑poll voting officer or a presiding officer receives an envelope and a postal voter card, he or she must:
          (a) endorse on the envelope:
             (i) 'Received by me'; and
             (ii) the date and time of receipt of the envelope; and
          (b) sign the endorsement and add the words 'Pre‑poll Voting Officer' or 'Presiding Officer', as the case may be; and
          (c) make a record of:
             (i) the name of the voter ; and
             (ii) the name of the ward to which the postal voter card appears to relate; and
          (d) until dealing with the envelope and postal voter card in accordance with paragraph (e), keep the envelope and postal voter card in a ballot‑box; and
          (e) send:
             (i) the envelope and postal voter card; and
             (ii) the record;
           to the Returning Officer in accordance with his or her instructions.

      42  Opening postal ballot‑papers

        An envelope that appears to contain a postal ballot‑paper on which a vote has been recorded must not be opened by a person other than:
          (a) the Returning Officer; or
          (b) an officer acting on the direction of the Returning Officer.

            Penalty:   10 penalty units.

      43  Failure to post or deliver postal vote application or ballot‑paper

        If a person is entrusted by a voter, and undertakes, to post or deliver:
          (a) an application for a postal vote; or
          (b) an envelope apparently containing a postal ballot‑paper; or
          (c) a postal voter card;
         the undertaking must be given effect as soon as is practicable.

            Penalty:   10 penalty units.

      44  Inducing voter to hand over marked ballot‑paper

        A person must not induce a voter to hand over to the person a postal ballot‑paper on which the voter has marked his or her vote.

            Penalty:   10 penalty units.

      45  Commencement of