Document ID: chunk:federal_register_of_legislation:C2025C00128:section:51:p1
Version: federal_register_of_legislation:C2025C00128
Segment Type: section
Provision Reference: s 51 (pt 1/3)
Character Range: 116807–119338

51  Mobile booths
 (1) In this section:
leader means a person appointed under this section to be the leader of a team.
team means a mobile polling team appointed under this section.
 (2) The Electoral Commissioner may appoint persons to be members of mobile polling teams for the purposes of this section and, in respect of each team, a person to be the leader.
 (3) The following provisions of this section apply in addition to, and without derogation from, the application of any other provision of this Act.
 (4) The Electoral Commissioner:
 (a) may determine in writing the places that teams will visit for the purposes of taking votes under this section at a referendum; and
 (b) must give notice to the public on the Electoral Commission's website and by any other means that the Electoral Commissioner thinks fit of:
 (i) the places determined under paragraph (a); and
 (ii) the days and times when teams will visit for the purposes of this section.
 (4A) Before determining a prison under subsection (4), the Electoral Commissioner must consult the Controller‑General of Prisons for the State or Territory in which the prison is located.
 (5) A day notified under paragraph (4)(b) must be:
 (a) if the voting day for the referendum is the same as that fixed for the polling at an election—any of the 12 days before voting day; or
 (b) if the voting day for the referendum is not the same as that fixed for the polling at an election—any of the 19 days before voting day; or
 (c) voting day; or
 (d) a day to which the taking of votes of the electors at the referendum is adjourned.
 (6) Subject to subsection (6A), a team shall make a visit or visits as notified under paragraph (4)(b), but, if, for reasonable cause, the team is unable, or the leader considers it inappropriate, to make such a visit, the leader may substitute another place, day or time for the visit and, in that event, shall:
 (a) give notice to the public on the Electoral Commission's website and by any other means that he or she thinks fit of the substituted place, day or time; and
 (b) inform the Divisional Returning Officer for the Division in which the visit is to occur.
 (6A) A visit to a prison must not be made if the Australian Electoral Officer for the State or Territory in which the prison is located is informed by the officer in charge of the prison, or a member of the staff of the prison, that the visit is forbidden by the officer in charge because of circumstances related to the security of the prison.
 (7) Any failure by a team