Australian Capital Territory Current Acts

ELECTORAL ACT 1992 - SECT 136A

    (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—

              (i)     at a polling place on polling day; or

              (ii)     at an early polling place; or

        (b)     whose address is a suppressed address.

    (2)     An eligible elector for an election (or a person authorised by the eligible elector) may apply to an authorised officer for declaration voting papers for postal voting ( postal voting papers ) for the election.

    (3)     The application may be made orally or in writing.

    (4)     The application must include a declaration that the applicant is an eligible elector for the election.

    (5)     The application must be received by an authorised officer before 8 pm on the day before polling day.

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

    (6)     If an authorised officer receives an application under this section from, or on behalf of, a person claiming to be an eligible elector for an election (the "applicant"), the officer must—

        (a)     if satisfied that the applicant's name is on the preliminary certified list of electors for an electorate—post postal voting papers for the electorate to the applicant; or

        (b)     if not so satisfied—post postal voting papers for the electorate in which in the applicant claims to be enrolled to the applicant.

    (7)     However, the authorised officer must not post postal voting papers to the applicant—

        (a)     if the applicant has nominated a postal address outside Australia—if the application is received by the officer after 5 pm on the Friday 8 days before polling day; or

        (b)     in any other case—if the application is received by the officer after the last mail clearance, at the post office nominated by the commissioner in the postal voting papers, on the last Thursday before polling day; or

        (c)     in any case—if the officer has reason to believe that the applicant is at a place where the normal transmission of mail has been significantly disrupted or curtailed or is otherwise unreliable.

    (8)     Despite subsections (6) and (7), the authorised officer may give the postal voting papers to the applicant using a courier or other agent (other than an authorised delivery service), if the officer believes on reasonable grounds that—

        (a)     the applicant is a person to whom subsection (7) applies; and

        (b)     the papers are likely to reach the applicant in sufficient time for the applicant's ballot paper to be completed and posted or given in accordance with section 144A (Requirements for casting postal votes) if the papers are sent to the applicant using the agent.

    (9)     Despite subsections (6) and (8), the authorised officer must not post or give postal voting papers to the applicant earlier than the 3rd Monday before polling day.

    (10)     If postal voting papers are sent or given to the applicant in accordance with this section, neither the authorised officer nor the commissioner is responsible for ensuring that the papers reach the applicant.

Note     Section 144A deals with how to cast a postal vote.