Australian Capital Territory Consolidated Acts

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ELECTORAL ACT 1992 - SECT 136C

Declaration voting outside ACT on or before polling day

    (1)     In this section:

"eligible elector", for an election, means an elector who is entitled to vote at the election and—

        (a)     who expects to be unable to attend at a polling place on polling day; or

        (b)     whose address is a suppressed address.

"relevant period" means the period—

        (a)     beginning on the 3rd Monday before polling day or, if that Monday is a public holiday, the next business day; and

        (b)     ending at 6 pm in the ACT on polling day.

    (2)     The commissioner may determine the days and times during the relevant period for voting under this section.

    (3)     This section applies if a person attends before an authorised officer outside the ACT, on a day and at a time determined under subsection (2), and makes a declaration to the effect that the person is an eligible elector.

    (4)     A determination under subsection (2) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act 2001 .

    (5)     If this section applies, the authorised officer shall issue declaration voting papers to the person.

    (6)     Despite subsection (5), an officer shall not issue declaration voting papers to a person who indicates that he or she has already voted at the election.

    (7)     If an authorised officer issues declaration voting papers to the person the officer shall—

        (a)     give the person a written statement indicating the consequences of casting a declaration vote under this section; and

        (b)     record the name of the person.

Note      If a form is approved under s 340A (Approved forms) for a statement, the form must be used.

    (8)     Section 135 (4) applies to the casting of a declaration vote under this section as if—

        (a)     it were a declaration vote under section 135; and

        (b)     the reference in section 135 (4) to an unoccupied voting compartment were a reference to an unoccupied part of the place where the person attends before the officer concerned.



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