Document ID: chunk:federal_register_of_legislation:C2004A04142:body:0:p4
Version: federal_register_of_legislation:C2004A04142
Segment Type: other
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Character Range: 7726–10328

an offence punishable, upon conviction, by a fine not exceeding $50.

"(2) Subsection (1) does not apply to an Antarctic elector or an eligible Territory overseas elector.

Ballot papers

"36. (1) The ballot papers are to be in the alternative formats set out in Schedule 4, one format with one option appearing first, the other format with the other option appearing first.

"(2) So far as is practicable, ballot papers are to be issued to voters so that no 2 consecutive voters at a particular place where ballot papers are issued will receive ballot papers of the same format.

"(3) Ballot papers are to bear an official mark approved by the Electoral Commission by notice published in the Commonwealth Gazette.

Scrutineers

"37. (1) Subject to subsection (2), a person appointed as a scrutineer for the election is taken also to be appointed for the referendum.

"(2) At each place where referendum ballot papers are being counted, the number of scrutineers for a candidate must not exceed the number of officers engaged in the counting.

Procedures for polling

"38. (1) The same polling booths are to be used for the election and the referendum.

"(2) The same ballot boxes may be used for the election and the referendum.

"(3) The hours of polling for the referendum are to be the same as for the election (including any adjournment or resumption of polling).

"(4) Subject to subsection (6), a person must be issued with a referendum ballot paper at the same time as he or she is issued with an election ballot paper.

"(5) The provisions of the Electoral Act relating to the issue of fresh election ballot papers in substitution for spoilt election ballot papers apply in the same way in relation to referendum ballot papers.

"(6) A person who is issued with a fresh election ballot paper because the ballot paper has been spoilt need not be issued with a fresh referendum ballot paper.

"(7) A voter who is entitled to assistance in marking an election ballot paper is entitled to the same assistance in marking a referendum ballot paper.

"(8) A person who casts a vote (other than a declaration vote) for the election must cast his or her vote for the referendum in the same way.

Declaration voting

"39. (1) A person who casts a declaration vote for the election must cast his or her vote for the referendum in the same way.

"(2) The marked referendum ballot paper of a declaration voter must be placed in the same envelope as the election ballot paper.

"(3) The referendum ballot paper of a declaration voter is to be admitted to further scrutiny for the referendum if, and only if,