Document ID: chunk:federal_register_of_legislation:C2025C00152:schedule:3:p3
Version: federal_register_of_legislation:C2025C00152
Segment Type: schedule
Provision Reference: sch 3 (pt 3/48)
Character Range: 958863–961414

of paragraph 6 purports to contain a declaration vote by the same elector, the DRO must:
 (a) treat only one of the envelopes, as selected by the DRO, as meeting the requirements of paragraph 6; and
 (b) exclude from further scrutiny the ballot papers contained in the other envelope or envelopes, without opening the envelope or envelopes; and
 (c) seal up in a parcel the envelope or envelopes excluded from further scrutiny by subparagraph (b); and
 (d) write on the parcel a description of its contents, the name of the Division and the date of the commencement of the preliminary scrutiny.
In applying subparagraph (a), the DRO should, to the extent that it is possible, select the envelope that was received first.
 6B. Paragraphs 23 and 24 do not apply to envelopes excluded from further scrutiny because of subparagraph 6A(b).
 7. A vote marked on a postal ballot paper must be taken not to have been recorded prior to the close of the poll if the date referred to in paragraph 194(1)(c) in relation to the postal vote certificate is a date after polling day.
 7A. A vote marked on a postal ballot paper must be taken not to have been recorded prior to the close of the poll if:
 (a) subsection 194(1A) applies in relation to the vote; and
 (b) the date referred to in paragraph 194(1A)(a) is a date after polling day.
 7B. Paragraphs 7 and 7A do not apply to a vote marked on a postal ballot paper if:
 (a) the envelope purporting to contain the postal ballot paper is endorsed with the date and time of receipt under paragraph 195A(2)(c); and
 (b) the date and time is before the close of the poll.
 8. An envelope purporting to contain an absent vote ballot paper or a provisional vote ballot paper or a pre‑poll vote ballot paper shall not be regarded as failing to meet the requirements of paragraph 6 only because the declaration or certificate, as the case requires, is not witnessed if the voter's name appears on a record made under subsection 232(2) or section 200G, as the case requires, or, if neither of those requirements is met, if the DRO is satisfied that the ballot paper was properly issued.
 9. The DRO shall seal up in a parcel the envelopes that do not meet the requirements of paragraph 6 and shall write on the parcel a description of its contents, the name of the Division and the date of commencement of the preliminary scrutiny.
 10. If the preliminary scrutiny relates to a Senate election held concurrently with a House of Representatives election or a Senate election held alone, the DRO must divide the envelopes