Electoral Amendment Act 2002

63 New sections 157 to 160 substituted
  • The principal Act is amended by repealing sections 157 to 160, and substituting the following sections:

    157 Materials for polling places
    • (1) The Returning Officer must ensure that each polling place has the following things for the purposes of the poll:

      • (a) 1 or more inner compartments to enable voters to vote in secret:

      • (b) in each inner compartment, suitable facilities for the marking of ballot papers:

      • (c) 1 or more ballot boxes:

      • (d) 1 or more copies of the main roll and supplementary rolls for the district:

      • (e) a sufficient number of ballot papers.

      (2) The Returning Officer must ensure that there is displayed prominently in every polling place either—

      • (a) the name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party's list candidates in the political party's order of preference (up to a maximum of 65 candidates); or

      • (b) copies of the information sent to electors under section 147(5).

    158 Appointment of polling place officials
    • (1) The Returning Officer must, for each polling place, appoint in writing as many polling place officials as the Returning Officer thinks are required for the conduct of the poll, and the preliminary count of votes, at that place.

      (2) The Returning Officer must, in relation to each polling place, designate, by notice in writing, 1 of the polling place officials as the manager of the place.

      (3) The Returning Officer may, in relation to each polling place,—

      • (a) authorise in writing 1 or more polling place officials to issue ballot papers at the place; and

      • (b) designate in writing 1 or more of the polling place officials as interpreters; and

      • (c) authorise in writing or, if the appointment is made on polling day, orally, any person to act for the manager of the polling place in case of the manager's absence.

      (4) The Returning Officer for an electoral district may delegate his or her duties and powers under subsections (1) to (3) to a Returning Officer for another electoral district.

      (5) The State Sector Act 1988 does not apply to a person appointed under this section.

    158A Polling place officials under direction of Chief Electoral Officer and Returning Officer
    • (1) The Chief Electoral Officer and the Returning Officer may each give oral or written directions to all or any polling place officials.

      (2) Every polling place official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Chief Electoral Officer or the Returning Officer.

    159 Exercise of powers and duties of polling place officials
    • (1) The Returning Officer may exercise in person all the powers, duties, and functions of a manager of a polling place.

      (2) A person authorised under section 158(3)(c) has, while acting for a manager of a polling place, all the powers, duties, and functions of the manager.

      (3) Every polling place official must, before being allowed to act, make a declaration in form 1 before the Returning Officer, or a Justice of the Peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned.

    159A Interpreters
    • (1) Whenever the Returning Officer designates polling place officials as interpreters, the Returning Officer must, at the request of a candidate, give the candidate the names of the interpreters.

      (2) Regulations made under section 267 may prescribe procedures governing the use of interpreters.

    160 Scrutineers
    • (1) Each constituency candidate may appoint 1 or more scrutineers for each polling place at any election.

      (2) If, at an election in a district, no constituency candidate is standing for a political party that is listed in the part of the ballot paper that relates to the party vote, the secretary of the party may appoint 1 or more scrutineers for each polling place in the district.

      (3) Every appointment of a scrutineer—

      • (a) must be in writing; and

      • (b) must be signed by the constituency candidate or, as the case requires, the secretary of the party.

      (4) Every scrutineer must, before being allowed to act, make a declaration in form 1 before the Returning Officer, or a Justice of the Peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned.

      (5) The number of scrutineers for a candidate or for a political party who may be present in a polling place may not exceed the number of issuing officers designated for the polling place.

      (6) A scrutineer may at any time during the hours of polling leave and re-enter the polling place for which he or she is appointed.

      (7) Nothing in this Act renders it unlawful for a scrutineer to communicate to a person information as to the names of persons who have voted.

      (8) No candidate may act as a scrutineer under this section.