Australian Capital Territory Numbered Acts

ELECTORAL (AMENDMENT) ACT (NO. 2) 1997 (NO. 91 OF 1997) - SECT 28

28. Schedule 3 to the Principal Act is amended—

    (a)     by omitting clause 6 and substituting the following clause:

“6. (1) In this clause—

‘relevant provision' means—

        (a)     in the case of a vote under section 135—subsection 135 (4);

        (b)     in the case of a vote under section 136A—subsection 136A (8);

        (c)     in the case of a vote under section 136B—subsection 135 (4) as applied by subsection 136B (18); or

        (d)     in the case of a vote under section 136C—subsection 135 (4) as applied by subsection 136C (6).

“(2) This clause applies to a set of declaration voting papers if the officer is satisfied that—

        (a)     the signature on the declaration is that of the elector;

        (b)     the certificate by the witness is in accordance with the relevant provision;

        (c)     in the case of a postal vote where the papers were posted to the Commissioner—the papers were so posted before the close of the poll; and

        (d)     in the case of the vote of an Antarctic elector—the envelope referred to in paragraph 176 (1) (c) is endorsed and signed by an authorised officer in accordance with that paragraph.

“(3) For the purposes of paragraph (2) (b), where an officer referred to in subsection 135 (4) omits to sign the certificate, the certificate shall nevertheless be taken to be in accordance with the relevant provision, if—

        (a)     the issue of the relevant declaration voting papers was recorded under Division 3 or 3A of Part X; and

        (b)     the OIC is satisfied the papers were properly issued to the elector.”; and

    (b)     by omitting subclause 9 (2).