Electoral Amendment Act 2002

69 Marked copies of rolls to be compared
  • (1) Section 176 of the principal Act is amended by repealing subsections (1) and (2), and substituting the following subsections:

    • (1) The Returning Officer or the Chief Electoral Officer must, in the presence of any assistants, experts, or technicians and any scrutineers that are entitled to be present under this Act or any other Act, but of no other person,—

      • (a) compare (either manually or by any electronic means)—

        • (i) all the certified copies of the main roll and supplementary rolls that have been marked to indicate the persons who applied to vote; and

        • (ii) all records of special votes exercised; and

        • (iii) the list of post-writ day deletions supplied to the Returning Officer by the Registrar of Electors under section 123(b); and

      • (b) compile a master roll by marking (either manually or by any electronic means) on an unmarked copy of the main roll and on every supplementary roll the number and name of any elector—

        • (i) who is shown on any of the certified copies of the rolls as having received a ballot paper; or

        • (ii) who is shown in any record of special votes issued as having received a ballot paper; or

        • (iii) whose name is shown on the list of post-writ day deletions.

    • (2) If on that comparison or from the checking of declarations in respect of special votes or from the report of a manager of a polling place on the ballot papers set aside under section 171, and after any inquiry the Returning Officer considers necessary, it appears that the same voter has received more than 1 ballot paper, the Returning Officer must,—

      • (a) in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and

      • (b) select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and

      • (c) subject to subsection (3), disallow every vote that appears to have been given by means of the ballot papers so selected.

    (2) Section 176(4) of the principal Act is amended by repealing paragraphs (a) and (b), and substituting the following paragraphs:

    • (a) must, in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and

    • (b) must select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and.

    (3) Section 176 of the principal Act is amended by repealing subsection (7).