Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_27:p5
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 5/40)
Character Range: 37764–40697

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 preliminary scrutiny of postal votes

       (1) The Returning Officer may begin a preliminary scrutiny of postal votes on the last Monday before the poll.

       (2) However, the actions mentioned in paragraph 46 (4) (e) must not be taken before the close of the poll.

      46  Conduct of preliminary scrutiny of postal votes

       (1) The Returning Officer must conduct as many preliminary scrutinies as he or she considers appropriate until:
          (a) all applications for postal voter cards and postal ballot‑papers have been produced by him or her; and
          (b) all envelopes containing postal votes received by him or her up to the end of the sixth day after the close of the poll have been dealt with in accordance with this rule; and
          (c) any envelopes containing postal votes received before the close of the poll by any pre‑poll voting officer or presiding officer have been dealt with in accordance with this rule.

       (2) At the first preliminary scrutiny, the Returning Officer must produce:
          (a) all applications for postal voter cards and postal ballot‑papers; and
          (b) unopened — all envelopes containing postal votes; and
          (c) all postal voter cards;
      that he or she has received.

       (3) At a subsequent preliminary scrutiny (if any), the Returning Officer must produce:
          (a) all applications for postal voter cards and postal ballot‑papers; and
          (b) unopened — all envelopes containing postal votes; and
          (c) all postal voter cards;
      that he or she has received and that have not previously undergone scrutiny.

       (4) Subject to subrule (8), the Returning Officer must, in conducting a preliminary scrutiny:
          (a) compare the signature of the voter on each postal voter card with the signature of the voter on the application for the postal voter card, and allow the scrutineers to inspect both signatures; and
          (b) accept for further scrutiny the ballot‑paper enclosed in the corresponding envelope if satisfied that:
             (i) the voter is enrolled in respect of the ward to which the vote relates; and
             (ii) the signature on the postal voter card is that of the voter who signed the application for the postal voter card; and
             (iii) the signature appears to have been witnessed by an authorised witness; and
             (iv) the vote contained in the envelope was recorded before the close of the poll; and
             (v) the postal voter card has been certified under paragraph 39 (1) (e) and is valid; and
          (c) if not satisfied as to a matter specified in subparagraph (b) (i), (ii), (iii) or