Electoral Act 1993

167 Issue of ordinary ballot papers

(1)

Every issuing officer must, in accordance with this section, issue ballot papers to every elector who applies to vote.

(2)

An elector who applies to vote must—

(a)

verbally give or verbally confirm his or her name; and

(b)

give or confirm any other particulars that may be necessary to find the elector’s name on the rolls.

(2A)

If an elector is unable to comply with the requirement in subsection (2)(a) because of an inability to understand English or because of a physical disability, the elector may comply with that requirement by—

(a)

gesture; or

(b)

any other means with the assistance of a person nominated by the elector who is present with the elector.

(3)

If the name of the elector is on the rolls, the issuing officer must—

(a)

mark the rolls (either manually or by electronic means) to indicate that the elector has applied to vote:

(b)

if the consecutive number printed on the ballot paper can be read without the aid of technology, ensure that a piece of gummed paper is firmly fixed over the consecutive number on the ballot paper to conceal it effectively:

(c)

write on the counterfoil of the ballot paper—

(i)

the issuing officer’s initials; and

(ii)

the number of the page, and the number of the line, on which the elector’s name appears on the roll:

(d)

ensure that the official mark of the issuing officer is placed on the ballot paper to indicate that it was issued by an authorised person:

(e)

issue the ballot paper to the elector.

(4)

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, being an issuing officer, fails to comply with the requirements of this section.

Section 167: substituted, on 28 February 2002, by section 65(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 167(2): replaced, on 25 March 2014, by section 26 of the Electoral Amendment Act 2014 (2014 No 8).

Section 167(2A): inserted, on 25 March 2014, by section 26 of the Electoral Amendment Act 2014 (2014 No 8).

Section 167(3)(a): amended, on 21 March 2017, by section 80 of the Electoral Amendment Act 2017 (2017 No 9).

Section 167(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).