174D Conditions for counting early votes before close of poll

(1)

In this section and in sections 174E to 174G, restricted area means an area that—

(a)

is designated by the Electoral Commission for the purpose of the count of early votes; and

(b)

has features that—

(i)

preclude persons who are not in the area from seeing or hearing any aspect of the count; and

(ii)

permit the Returning Officer to control persons who wish to enter or leave the area.

(2)

The conditions referred to in section 174C(5)(a) are as follows:

(a)

the Electoral Commission has authorised the Returning Officer to commence the count before the close of the poll:

(b)

the count is to be conducted in a restricted area:

(c)

on every entrance to the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to enter the area:

(d)

on every exit from the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to leave the area.

Section 174D: inserted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 174D(1): amended, on 21 March 2017, by section 83(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 174D(1)(a): amended, on 21 March 2017, by section 83(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 174D(2)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).