Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"absent voter" means an elector voting or desiring to vote pursuant to section 46 other than at a polling place appointed for the Division for which the elector is enrolled.
"absent voting" means voting as an absent voter pursuant to section 46.
"Antarctica" means the Australian Antarctic Territory and includes:
(a) the Territory of Heard Island and McDonald Islands; and
(b) Macquarie Island.
"Antarctic elector" means an elector who is entitled to vote at a referendum in accordance with Part V.
"Antarctic Returning Officer" , in relation to a station, means the person appointed under section 247 of the Commonwealth Electoral Act 1918 to be the Antarctic Returning Officer for that station, or a person acting as the Antarctic Returning Officer for that station.
"approved form" means a form that:
(a) is approved by the Electoral Commissioner in writing; and
(b) has been published by the Electoral Commissioner.
Example: An approved form might have been published by the Electoral Commissioner on the Electoral Commission's website.
"approved list" of voters for a Division means a list in electronic form that:
(a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b) is approved by the Electoral Commissioner for use in connection with voting under this Act.
"Assistant Antarctic Returning Officer" , in relation to a station, means the person appointed under section 247 of the Commonwealth Electoral Act 1918 to be the Assistant Antarctic Returning Officer for that station, or a person acting as the Assistant Antarctic Returning Officer for that station.
"Assistant Divisional Returning Officer" means an Assistant Divisional Returning Officer appointed under section 34 of the Commonwealth Electoral Act 1918 .
"Assistant Returning Officer" means a person appointed to be an Assistant Returning Officer under section 6 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 33 of the Commonwealth Electoral Act 1918 .
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
"Australian Capital Territory" includes the Jervis Bay Territory.
"Australian Electoral Officer" means:
(a) an Australian Electoral Officer for a State; or
(b) the Australian Electoral Officer for the Australian Capital Territory; or
(c) the Australian Electoral Officer for the Northern Territory.
"Australian Electoral Officer for a State" means an Australian Electoral Officer for a State referred to in section 20 of the Commonwealth Electoral Act 1918 .
"Australian Electoral Officer for a Territory" means an Australian Electoral Officer for a Territory appointed under section 5 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 30 of the Commonwealth Electoral Act 1918 .
"Australian Electoral Officer for the Australian Capital Territory" means the Australian Electoral Officer for the Australian Capital Territory appointed under:
(a) section 5 of this Act; or
(b) if the voting day for a referendum is the same as that fixed for the polling at an election-- section 30 of the Commonwealth Electoral Act 1918 .
"Australian Electoral Officer for the Northern Territory" means an Australian Electoral Officer for the Northern Territory referred to in section 20 of the Commonwealth Electoral Act 1918 .
"authorized witness" , in relation to any act or thing done by a person for the purposes of voting at a referendum, means:
(a) in a case to which paragraph (b) does not apply--an elector; or
(b) in the case of an act or thing done outside Australia:
(i) an elector;
(ii) an officer of the Defence Force or of the naval, military or air forces of a Commonwealth country;
(iii) a member of the civil or public service of a State or Territory or of a Commonwealth country;
(iiia) a person appointed or engaged under the Public Service Act 1999 ; or
(iv) a justice of the peace for, or a minister of religion or medical practitioner resident in, a State or Territory or a Commonwealth country; or
(v) an Australian citizen.
For the purposes of this definition, Commonwealth country means a political entity, or part of a political entity, that is a member of the international organisation known as the Commonwealth of Nations.
"capital city office" of the Electoral Commission has the meaning given by subsection 90A(3) of the Commonwealth Electoral Act 1918 .
"certified list of voters" , in respect of a Division, means a list prepared and certified under subsection 22(1).
(a) in relation to a polling booth--a compartment constructed in the polling booth pursuant to section 20; and
(b) in relation to a place at which pre-poll ordinary voting is available--a compartment constructed in the place pursuant to section 73CE.
Note: For the places at which pre-poll ordinary voting is available, see section 73CD.
"constable" means a member or a special member of the Australian Federal Police or a member of the Police Force of a State or Territory.
"Controller-General of Prisons" , in relation to a State or Territory, means the official having control of the prisons of the State or Territory.
"courier service" means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner.
(a) a postal vote;
(b) a pre-poll declaration vote;
(c) an absent vote; or
(d) a provisional vote.
"Deputy Electoral Commissioner" means the Deputy Electoral Commissioner referred to in section 19 of the Commonwealth Electoral Act 1918 .
"Division" means an Electoral Division created pursuant to the Commonwealth Electoral Act 1918 for the election of a member of the House of Representatives.
"Divisional Returning Officer" means a Divisional Returning Officer referred to in section 32 of the Commonwealth Electoral Act 1918 .
"DRO" means Divisional Returning Officer.
"election" means an election of a Member of the House of Representatives or an election of Senators for a State or Territory.
"elector" means a person whose name appears on a Roll as an elector.
"Electoral Commission" means the Australian Electoral Commission established by section 6 of the Commonwealth Electoral Act 1918 .
"Electoral Commissioner" means the Electoral Commissioner referred to in section 18 of the Commonwealth Electoral Act 1918 .
"eligible overseas elector" means an elector who is entitled under the Commonwealth Electoral Act 1918 to be treated as an eligible overseas elector for the purposes of that Act.
"hospital" includes a convalescent home or an institution similar to a hospital or to a convalescent home.
"Immigration Department" means the Department administered by the Minister administering the Migration Act 1958 .
"itinerant elector" means an elector who is entitled under section 96 of the Commonwealth Electoral Act 1918 to be treated as an itinerant elector for the purposes of that Act.
"mobile polling team leader" means a mobile polling team leader appointed under section 51.
"mobile polling team member" means a mobile polling team member appointed under section 51.
"Northern Territory" includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
"officer" includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, an Antarctic Returning Officer, an Assistant Antarctic Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre-poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under subsection 138(2).
"polling booth" means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place for the purpose of taking votes at a referendum.
"polling official" means a deputy presiding officer or an assistant presiding officer.
"polling place" means a place appointed as a polling place pursuant to paragraph 80(1)(a) of the Commonwealth Electoral Act 1918 .
"postal voting" means voting pursuant to Part IV.
"pre-poll declaration vote" : see subsection 71A(2).
"pre-poll ordinary vote" : see subsection 71A(2).
"pre-poll voting office" for a referendum means a place declared by the Electoral Commission under subsection 73AA(1) to be a pre-poll voting office for the referendum.
"provisionally enrolled" has the meaning given by subsection (1A).
"referendum" means the submission to the electors of a proposed law for the alteration of the Constitution.
"referendum period" , in relation to a referendum, means the period commencing on the day of the issue of the writ for the referendum and ending at the latest time on the voting day for the referendum at which an elector in Australia could enter a polling booth for the purpose of voting at the referendum.
"registered medical practitioner" means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.
"research personnel" means personnel who are to be, or have been, engaged in the work of a research station in Antarctica operated, whether continuously or otherwise, by the Commonwealth.
"Roll" means a roll of electors kept pursuant to the Commonwealth Electoral Act 1918 .
(a) a research station in Antarctica that is operated by the Commonwealth and has been declared by the Electoral Commissioner to be a permanent research station; or
(b) in relation to a particular referendum, a ship that has been declared by the Electoral Commissioner to be a station for the purposes of this Act in relation to that referendum.
"substitute presiding officer" means a person holding an appointment under section 18.
"Subdivision" means a Subdivision of a Division referred to in paragraph 79(1)(a) of the Commonwealth Electoral Act 1918 .
"Territory" means the Australian Capital Territory or the Northern Territory.
"video recording" includes a video recording that is recorded on means other than a videotape.
"voting day" , in relation to a referendum, means the day fixed for the taking of the votes for the purposes of the referendum.
(1A) A person is provisionally enrolled if:
(a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918 ; or
(b) the person is provisionally enrolled under section 38 of this Act.
(2) In this Act, unless the contrary intention appears:
(a) a reference to a Division shall be read as including a reference to the Northern Territory; and
(b) a reference to a Subdivision shall be read as including a reference to a District of that Territory.
(3) This Act extends to:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
(4) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression "the Australian Electoral Officer" without words relating the expression to a particular State or Territory shall be read as referring to the Australian Electoral Officer for the State or Territory for which the elector is enrolled or in which the matter arises, as the case requires.
(5) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression "the Divisional Returning Officer" without words relating the expression to a particular Division shall be read as referring to the Divisional Returning Officer for the Division for which the elector is enrolled or in which the matter arises, as the case requires.
(6) The Electoral Commissioner shall not make a declaration under paragraph (b) of the definition of station in subsection (1) in relation to a ship unless the Commissioner is satisfied that, on voting day in the referendum, the ship is likely to be at sea transporting research personnel to or from Antarctica.
(7) Where:
(a) the voting day for a referendum is the same as that fixed for the polling at an election; and
(b) in relation to the election, a ship has been declared a station for the purposes of Part XVII of the Commonwealth Electoral Act 1918 ;
the ship shall be regarded as a station for the purposes of this Act in relation to the referendum.
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