Commonwealth Electoral (COVID
Enfranchisement) Regulations 2022
I, General the Honourable David Hurley AC DSC (Retd), Governor-General of the
Commonwealth of Australia, acting with the advice of the Federal Executive Council,
make the following regulations.
Dated
2022
David Hurley
Governor-General
By His Excellency’s Command
Ben Morton
Special Minister of State
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Contents
Part 1—Preliminary
1
1
Name ........................................................................................................................... 1
2
Commencement .......................................................................................................... 1
3
Authority ..................................................................................................................... 1
4
Definitions .................................................................................................................. 1
5
Time ............................................................................................................................ 2
Part 2—Secure telephone voting for coronavirus affected individuals
3
Division 1—Preliminary
3
6
Telephone voting method for coronavirus affected individuals .................................. 3
7
Telephone voting method to be provided to the extent feasible .................................. 3
Division 2—Registration
4
8
Entitlement to register to vote by a secure telephone vote .......................................... 4
9
Registering as a secure telephone voter ...................................................................... 4
10
Procedures for registering a secure telephone voter .................................................... 6
Division 3—Voting
8
11
Entitlement to vote by a secure telephone vote ........................................................... 8
12
Procedures for requesting to vote by a secure telephone vote ..................................... 9
13
Questions to be put to registered secure telephone voter ............................................ 9
14
Voting ......................................................................................................................... 9
15
Voter requiring assistance to vote ..............................................................................11
16
Procedures for enabling a registered secure telephone voter to vote ..........................11
17
How the Act applies in relation to secure telephone votes .........................................12
18
Temporary suspension of polling ...............................................................................13
Division 4—Scrutiny
14
19
Requirements relating to ballot-boxes ........................................................................14
20
Scrutineers at authorised call centres .........................................................................14
21
Record of secure telephone votes ...............................................................................15
22
What must be done with the ballot papers .................................................................15
23
Scrutiny before opening of envelopes containing ballot papers .................................15
24
Scrutiny of ballot papers ............................................................................................16
Division 5—Miscellaneous
17
25
Authorised call centres ...............................................................................................17
26
Offence for false or misleading declaration ...............................................................17
27
Offences related to secure telephone voting ...............................................................17
28
Offence for destroying or interfering with voting hardware or software ....................18
29
Records ......................................................................................................................18
Part 3—Repeal
19
30
Repeal ........................................................................................................................19
Commonwealth Electoral (COVID Enfranchisement) Regulations 2022
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Preliminary
Part 1
Section 1
Part 1—Preliminary
1 Name
This instrument is the
Commonwealth Electoral (COVID Enfranchisement)
Regulations 2022.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences,
or is taken to have commenced, in accordance with column 2 of the table. Any
other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3 and The day after this instrument is registered.
anything in this
instrument not
elsewhere covered by
this table
2. Sections 4 to 29
A single day to be fixed by the Minister by notifiable
instrument.
3. Part 3
The day after this instrument is registered.
Note:
This table relates only to the provisions of this instrument as originally made. It will
not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument.
Information may be inserted in this column, or information in it may be edited, in
any published version of this instrument.
3 Authority
This instrument is made under the
Commonwealth Electoral Act 1918.
4 Definitions
Note:
A number of expressions used in this instrument are defined in the Act, including the
following:
(a) approved list;
(b) certified list of voters;
(c) Electoral Commissioner;
(d) Roll.
In this instrument:
Act means the
Commonwealth Electoral Act 1918.
authorised call centre means a call centre established in accordance with
arrangements made by the Electoral Commissioner under subsection 25(1).
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Part 1 Preliminary
Section 5
call centre operator means an individual who:
(a) works in an authorised call centre; and
(b) is a pre-poll voting officer or a polling official.
coronavirus affected individual has the meaning given by
subsection 202AFA(2) of the Act.
National Relay Service has the same meaning as in the
Telecommunications
(Consumer Protection and Service Standards) Act 1999.
personal identification number means a personal identification number
registered under paragraph 10(1)(c).
reference Roll means a Roll that may be consulted by an officer if an individual
wishes to register as a secure telephone voter or wishes to vote by a secure
telephone vote.
registered secure telephone voter means an individual who is registered under
section 10 as a secure telephone
voter.
registration number means a registration number provided under
paragraph 10(1)(b).
secure telephone vote means a vote cast using the telephone voting method
provided for in Part 2.
5 Time
In this instrument, a reference to time as it relates to an individual is a reference
to:
(a) unless another paragraph of this section applies—the legal time in the State
or part of the Commonwealth in which the individual is located; or
(b) if the individual is located in Norfolk Island or Lord Howe Island—the
legal time in Sydney; or
(c) if the individual is located in the Territory of Cocos (Keeling) Islands or
the Territory of Christmas Island—the legal time in Perth.
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Part 2
Preliminary
Division 1
Section 6
Part 2—Secure telephone voting for coronavirus affected
individuals
Division 1—Preliminary
6 Telephone voting method for coronavirus affected individuals
This Part provides a telephone voting method to be used by certain coronavirus
affected individuals covered by a determination under subsection 202AFA(1) of
the Act.
7 Telephone voting method to be provided to the extent feasible
(1) If the Electoral Commissioner is satisfied that it has become unfeasible to
provide, or continue to provide, a telephone voting method in accordance with
this Part to any extent for any period for a general election, Senate election or
by-election, then, to that extent, and throughout that period:
(a) this instrument does not require or entitle an individual to be registered as a
secure telephone voter; and
(b) this instrument does not require a registered secure telephone voter to be
enabled to vote by a secure telephone vote or entitle a registered secure
telephone voter to vote by a secure telephone vote; and
(c) this instrument does not require any other function or duty to be performed,
or any other power to be exercised, under this instrument.
(2) As soon as practicable after being so satisfied, the Electoral Commissioner must:
(a) make a written record of that fact, the extent and the period; and
(b) publish the record on the Commission’s website.
(3) The record must remain available on the website for 40 days after the polling day
for the election.
(4) Any failure to provide a telephone voting method in accordance with this Part
does not invalidate the result of a general election, Senate election or by-election.
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Part 2 Secure telephone voting for coronavirus affected individuals
Division 2 Registration
Section 8
Division 2—Registration
8 Entitlement to register to vote by a secure telephone vote
(1) An individual must register as a secure telephone voter in order to vote by a
secure telephone vote in a general election, Senate election or by-election.
Note:
In order to vote by a secure telephone vote, a registered secure telephone voter must
call an authorised call centre on a day on which and at a time when voting by a secure
telephone vote is available for the individual. The registered secure telephone voter
must also meet the other requirements in section 11.
(2) Subject to subsection 7(1), the individual is entitled to be registered as a secure
telephone voter if the Electoral Commissioner is satisfied that:
(a) the individual’s name is on an approved list of voters, a certified list of
voters or a reference Roll; and
(b) the individual has not already voted in the election; and
(c) the individual became a coronavirus affected individual in the period
beginning:
(i) at 6.01 pm on the Tuesday that is 4 days before the polling day in the
election; and
(ii) ending at the latest time when the individual may apply to be
registered by the Electoral Commissioner as a secure telephone voter;
and
(d) the individual has been directed, by a public health authority of a State or
Territory under a public health order of the State or Territory, to self-isolate
or quarantine:
(i) because the individual has tested positive for the coronavirus known
as COVID-19 on a test approved by the Therapeutic Goods
Administration for that purpose; or
(ii) because of a matter specified by the Minister under subsection (3);
and
(e) because of the direction, the public health order prevents the individual
from attending a polling place in that State or Territory throughout the
period:
(i) beginning at 6.01 pm on the Wednesday that is 3 days before the
polling day in the election; and
(ii) ending at 4 pm on the polling day for the election.
Note:
Due to paragraph (a) of this subsection, a provisional or declaration vote cannot be cast
by a secure telephone vote.
(3) The Minister may, in writing, specify matters for the purposes of
subparagraph (2)(d)(ii). A specified matter must be a matter because of which an
individual becomes, or continues to be, a coronavirus affected individual.
9 Registering as a secure telephone voter
(1) An individual who wishes to be registered as a secure telephone voter must:
(a) apply, on a day and at a time determined under paragraph 10(2)(a), by:
(i) submitting the approved form in the approved manner; or
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(ii) calling an authorised call centre; and
(b) provide the Electoral Commissioner with the following:
(i) the individual’s name, address and date of birth;
(ii) the individual’s telephone number;
(iii) the declarations required by subsection (2);
(iv) any other evidence requested by the Electoral Commissioner under
subsection (3); and
(c) provide the Electoral Commissioner with:
(i) a reference number for the direction to the individual to self-isolate or
quarantine that has been provided to the individual; or
(ii) if the individual has not been provided with a reference number for
the direction—a reference number or serial number for the test on
which the individual tested positive; or
(iii) if the individual has not been provided with a reference number for
the direction and is unable to provide a reference number or serial
number under subparagraph (ii)—a declaration to that effect; and
(d) comply with the procedures for assessing whether an individual may be
registered as a secure telephone voter.
Note:
The individual is not entitled to be registered if the Electoral Commissioner is not
satisfied of the matters in subsection 8(2).
(2) The individual must make:
(a) a declaration to the effect that the individual has not already voted in the
election; and
(b) either:
(i) a declaration to the effect that the individual has been directed, by a
public health authority of a State or Territory under a public health
order of the State or Territory, to self-isolate or quarantine, from a
specified time on a specified date, because the individual has tested
positive for the coronavirus known as COVID-19 on a test approved
by the Therapeutic Goods Administration for that purpose; or
(ii) if the Minister has specified a matter under subsection 8(3)—a
declaration to the effect that the individual has been directed, by a
public health authority of a State or Territory under a public health
order of the State or Territory, to self-isolate or quarantine, from a
specified time on a specified date, because of the specified matter; and
(c) a declaration to the effect that, because of the direction, the individual
believes the public health order prevents the individual from attending a
polling place in that State or Territory throughout the period referred to in
paragraph 8(2)(e).
Note:
Providing information when registering or voting that the individual knows is false or
misleading may be an offence: see section 26 of this instrument and sections 137.1 and
137.2 of the
Criminal Code.
(3) If the Electoral Commissioner requires further evidence to assess whether the
individual is entitled to be registered as a secure telephone voter, the Electoral
Commissioner may request the individual to provide one or more of the
following:
(a) the individual’s email address;
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Division 2 Registration
Section 10
(b) if the individual is not self-isolating or quarantining at the individual’s
address—the address where the individual is self-isolating or quarantining;
(c) any other information or documents that the Commissioner reasonably
requires to make the assessment.
Record keeping
(4) The individual must keep the following until the day that is 40 days after the
polling day for the election:
(a) if under subparagraph (1)(c)(i) the individual provided a reference number
for the direction to the individual to self-isolate or quarantine—a copy of a
document containing the number;
(b) if under subparagraph (1)(c)(ii) the individual provided a reference number
or serial number for the test on which the individual tested positive—a
record of the test or of the test results.
10 Procedures for registering a secure telephone voter
(1) If an individual who is entitled under subsection 8(2) to be registered as a secure
telephone voter complies with section 9, the Electoral Commissioner must:
(a) register the individual as a secure telephone voter; and
(b) provide the individual with a registration number for the purposes of voting
by a secure telephone vote; and
(c) register a personal identification number chosen by the individual for the
purposes of voting by a secure telephone vote.
(2) The Electoral Commissioner must in writing:
(a) determine the days on which and times when individuals may apply to be
registered by the Electoral Commissioner as a secure telephone voter; and
(b) approve a form and manner for the purposes of making an application
under subsection 9(1) to be registered as a secure telephone voter; and
(c) determine procedures for assessing whether an individual may be
registered by the Electoral Commissioner as a secure telephone voter under
subsection (1) of this section.
Note:
The form and manner determined under paragraph (b) of this subsection and the
procedures determined under paragraph (c) of this subsection must be consistent with
the requirements in this instrument.
(3) Days and times determined under paragraph (2)(a) must be during the period:
(a) starting at 6.01 pm on the Wednesday that is 3 days before the polling day
in the election; and
(b) ending on the close of the poll for the election.
(4) The procedures must include:
(a) procedures for assessing whether an individual is entitled to be registered
as a secure telephone voter; and
(b) procedures for the submission of evidence for the purposes of that
assessment; and
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(c) procedures for advising an individual, when making the declaration
required by paragraph 9(2)(a), that voting in the election includes voting by
attending a polling place, by a pre-poll vote or by a postal vote.
(5) The procedures may provide for the audio recording of applications to be
registered as a secure telephone voter that are made by calling an authorised call
centre. If so, the procedures must require applicants to be informed that calls may
be recorded.
(6) The Electoral Commissioner must make and keep a register for the purposes of
registering secure telephone voters.
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Division 3 Voting
Section 11
Division 3—Voting
11 Entitlement to vote by a secure telephone vote
(1) Subject to subsection (2), a registered secure telephone voter is entitled to vote
by a secure telephone vote if:
(a) the voter calls an authorised call centre on a day on which and at a time
when voting by a secure telephone vote is available for individuals; and
(b) the voter informs a call centre operator that the voter wishes to vote by a
secure telephone vote; and
(c) a call centre operator is satisfied that the voter is a registered secure
telephone voter; and
(d) the voter’s name is on an approved list of voters, a certified list of voters or
a reference Roll.
(2) A registered secure telephone voter is not entitled to vote by a secure telephone
vote if:
(a) the voter does not call an authorised call centre on a day on which and at a
time when voting by a secure telephone vote is available for the individual;
or
(b) a call centre operator is not satisfied that the voter is a registered secure
telephone voter after complying with the procedures for assessing whether
the voter is a registered secure telephone voter; or
(c) the voter’s name is not on an approved list of voters, a certified list of
voters or a reference Roll; or
(d) the voter refuses to answer a question asked in accordance with section 13;
or
(e) the individual does not make the declarations asked for in accordance with
subsection 13(2); or
(f) the voter has already voted in the election; or
(g) a mark has been placed against the voter’s name on a copy of a certified list
of voters, or a record for the voter has been made against an approved list
of voters, under section 21 of this instrument or under section 200DJ or
232 of the Act; or
(h) the voter is provisionally enrolled; or
(i) on the basis of any of the voter’s answers to questions asked in accordance
with section 13, a call centre operator is not satisfied that the individual is
the voter whose name the individual has used; or
(j) the voter does not otherwise comply with the procedures for:
(i) assessing whether the individual is a registered secure telephone
voter; or
(ii) voting by a secure telephone vote; or
(k) the individual is not entitled to vote by a secure telephone vote because of
subsection 7(1).
Note:
For the purposes of paragraph (f), voting in the election includes voting by attending a
polling place, by a pre-poll vote or by a postal vote.
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Part 2
Voting
Division 3
Section 12
12 Procedures for requesting to vote by a secure telephone vote
(1) The Electoral Commissioner:
(a) must determine, in writing, the days on which and times when voting by a
secure telephone vote is to be available for an individual; and
(b) must determine, in writing, procedures for assessing whether an individual
is a registered secure telephone voter; and
(c) may give directions to officers in relation to requests to vote by a secure
telephone vote.
Note:
Due to subsection 202AFA(1) of the Act, voting by a secure telephone vote may only
be available to be used by an individual at a general election, Senate election or
by-election during the period:
(a) starting at 6.01 pm on the Wednesday that is 3 days before the polling day in the
election; and
(b) ending on the close of the poll for the election.
Example: For the purposes of paragraph (b) of this subsection, the procedures may include a
requirement for a call centre operator to ask the individual one or more questions about
information provided on an approved list of voters, a certified list of voters or a
reference Roll about the voter whose name the individual has used.
(2) The Electoral Commissioner must ensure that any registered secure telephone
voter who at 6 pm on the polling day for the election:
(a) is waiting on a call to an authorised call centre to request a vote by a secure
telephone vote or is in the process of voting by a secure telephone vote;
and
(b) is entitled to vote by a secure telephone vote; and
(c) wishes to vote;
is able to vote by a secure telephone vote.
13 Questions to be put to registered secure telephone voter
(1) If an individual requests to vote by a secure telephone vote, a call centre operator
must be satisfied in accordance with the procedures determined under
paragraph 12(1)(b) that the individual is a registered secure telephone voter.
Note:
The individual will have a personal identification number and a registration number for
requesting to vote by a secure telephone vote.
(2) If a call centre operator is so satisfied, a call centre operator must then ask the
individual to make the declarations required by subsection 9(2).
(3) The procedures determined under paragraph 12(1)(b) must require a call centre
operator, when asking the individual to make the declaration required by
paragraph 9(2)(a), to advise the individual that voting in the election includes
voting by attending a polling place, by a pre-poll vote or by a postal vote.
14 Voting
(1) A call centre operator who is satisfied that a registered secure telephone voter is
entitled to vote by a secure telephone vote must assist the voter in accordance
with the procedures determined under subsection 16(1).
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Section 14
(2) In order to vote by a secure telephone vote, the voter must tell the call centre
operator how the voter wants the ballot paper to be marked.
(3) If, under this section, the voter tells a call centre operator how the voter wants the
ballot paper to be marked, a call centre operator must:
(a) initial the voter’s ballot paper on the top front; and
(b) mark the voter’s ballot paper in accordance with the voter’s instructions;
and
(c) read the voter’s voting preferences marked on the ballot paper back to the
voter; and
(d) ask the voter to affirm that the voting preferences marked on the ballot
paper are the voter’s voting preferences; and
(e) if the voter so affirms—put the voter’s ballot paper in an envelope that is:
(i) in the approved form; and
(ii) marked with the name of the voter’s Division; and
(iii) marked with the voter’s registration number; and
(iv) marked with the date on which and time when the voter so affirmed;
and place the envelope in a ballot-box used at the authorised call centre for
secure telephone voting.
Affirming voting preferences marked on the ballot paper
(4) If, after being asked as mentioned in paragraph (3)(d), the voter does not affirm
that the voting preferences marked on the ballot paper are the voter’s voting
preferences:
(a) the ballot paper is taken to be a spoilt ballet paper that has been cancelled
under subsection 238(1) or (2) of the Act by the call centre operator who
asked the voter as mentioned in paragraph (3)(d) of this section; and
(b) the voter may tell a call centre operator how the voter wants a fresh ballot
paper to be marked.
Note:
For the treatment of a spoilt ballot paper that has been cancelled, see section 238 of the
Act.
(5) The voter may request that another call centre operator read back to the voter the
voter’s voting preferences marked on the ballot paper. A call centre operator
must not do an action referred to in paragraph (3)(d) or (e) until that request has
been complied with.
Informal voting permitted
(6) For the purposes of this section, telling a call centre operator how the voter wants
the ballot paper to be marked includes telling the call centre operator that:
(a) the voter does not want any preferences marked on the ballot paper; or
(b) the voter wants the ballot paper marked in a way that could otherwise result
in a ballot paper being informal.
Objections
(7) A call centre operator must:
(a) at the request of a scrutineer, note any objection by the scrutineer:
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Section 15
(i) to the right of the voter to vote by a secure telephone vote; or
(ii) to the marking of a ballot paper under this section; and
(b) keep a record of that note.
Offence
(8) A call centre operator commits an offence if the call centre operator intentionally
contravenes this section.
Penalty: 10 penalty units.
15 Voter requiring assistance to vote
(1) If:
(a) a registered secure telephone voter requires another individual’s assistance
to vote; and
(b) when the voter requests to vote by a secure telephone vote, the voter
informs a call centre operator that they require the other individual’s
assistance to vote by a secure telephone vote;
the other individual may assist the voter to vote by a secure telephone vote.
(2) An individual commits an offence if:
(a) another individual (the
voter) requests to vote by a secure telephone vote;
and
(b) the voter does not tell a call centre operator that the voter requires another
individual’s assistance; and
(c) the individual assists the voter to tell a call centre operator how the voter
wants the ballot paper to be marked under section 14.
Penalty: 5 penalty units.
(3) This section does not apply to assistance provided by the following services:
(a) the National Relay Service;
(b) a telephone interpreter service provided for the purposes of voting by a
secure telephone vote.
(4) Nothing in this instrument prevents an individual from using a service referred to
in subsection (3) to make an application to be registered as a secure telephone
voter, to request to vote by a secure telephone vote or to vote by a secure
telephone vote.
16 Procedures for enabling a registered secure telephone voter to vote
(1) The Electoral Commissioner must determine, in writing, procedures for enabling
a registered secure telephone voter to vote by a secure telephone vote.
(2) The procedures must ensure that the voter:
(a) receives the same information (in the same order), and has the same voting
options, as would appear in the ballot paper that the voter would be given
for the election if the voter were voting under Part XVI of the Act; and
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Section 17
(b) is able to indicate the voter’s vote in a way that, if the voter were marking a
ballot paper, would satisfy the requirements of section 239 or 240 of the
Act.
(3) The procedures must not require a call centre operator to communicate orally to a
registered secure telephone voter the information referred to in paragraph (2)(a)
of this section unless, at the time the voter requests to vote by a secure telephone
vote, the voter affirms that they are unable to access or use the representation of
the ballot paper for the election that is available on the Commission’s website.
Representation of ballot paper
(4) The procedures must require a representation of the ballot paper for the election
to be available on the Commission’s website throughout the period:
(a) beginning at the earliest time when an individual may apply to be
registered as a secure telephone voter for the election; and
(b) ending at the latest time when voting by a secure telephone vote is
available for an individual in the election.
(5) The Electoral Commissioner must ensure that the representation of the ballot
paper:
(a) provides a registered secure telephone voter with the same information (in
the same order), and the same voting options, as would appear in the ballot
paper that the voter would be given for the election if the voter were voting
under Part XVI of the Act; and
(b) is visually distinguishable from the ballot paper for the election that the
voter would be given if the voter were voting under Part XVI of the Act;
and
(c) is available throughout the period referred to in subsection (4).
Scrutiny
(6) The procedures must make provision for scrutineers in attendance at authorised
call centres to monitor performance of the duties of call centre operators.
(7) The procedures must enable a scrutineer, upon request, to listen to a call between
a voter and a call centre operator at any time when the call centre operator is
performing duties under section 14. The procedures must require voters to be
informed that scrutineers may listen to such calls.
(8) An audio recording must not be made of a request to vote by a secure telephone
vote or of a vote by a secure telephone vote.
17 How the Act applies in relation to secure telephone votes
(1) Except so far as provided in this Part, the Act (other than Part XVA and
Schedule 2) applies in relation to a vote cast using a secure telephone vote as if
the vote were a pre-poll ordinary vote.
(2) If an individual votes by a secure telephone vote, the requirements of the Act
relating to the individual’s right to receive a ballot paper are taken to have been
satisfied.
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Section 18
18 Temporary suspension of polling
(1) The Electoral Commissioner may temporarily suspend the polling by a secure
telephone vote for a period if the Electoral Commissioner is satisfied that the
suspension of that polling during that period is justified because of:
(a) riot or open violence; or
(b) the threat of riot or open violence; or
(c) storm, tempest, flood or an occurrence of a similar kind; or
(d) a health hazard; or
(e) a fire or the activation of fire safety equipment (such as sprinklers or
alarms); or
(f) any other reason related to:
(i) the safety of voters; or
(ii) difficulties in the physical conduct of the voting.
(2) The Act applies to a suspension under this section in the same way as it applies
to a suspension under section 240A of the Act.
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Division 4 Scrutiny
Section 19
Division 4—Scrutiny
19 Requirements relating to ballot-boxes
For an election for which voting by a secure telephone vote is available, the
requirements in relation to ballot-boxes in Subdivision C of Division 3 of
Part XVA of the Act, other than section 200DR, are taken to apply to
ballot-boxes used at an authorised call centre as if voting by a secure telephone
vote were pre-poll ordinary voting.
20 Scrutineers at authorised call centres
(1) A candidate in an election for which voting by a secure telephone vote is
available may appoint scrutineers to attend at each authorised call centre for the
purpose of monitoring performance of the duties of call centre operators.
(2) A candidate is not entitled to be represented at an authorised call centre at a
particular time by a number of scrutineers that is greater than the number of call
centre operators performing duties at that time.
(3) The appointment of a scrutineer must be made by notice, in writing:
(a) addressed to a Returning Officer; and
(b) signed by the candidate or the appointer (as the case requires); and
(c) stating the scrutineer’s name and address.
(4) A scrutineer appointed under subsection (1) who has not complied with
subsection 202A(3) of the Act must not attend an authorised call centre to
discharge a scrutineer’s functions.
(5) A scrutineer commits an offence if:
(a) the scrutineer attends an authorised call centre; and
(b) the scrutineer attempts to interfere with the duties of a call centre operator
or of an Assistant Returning Officer.
Penalty: 5 penalty units.
(6) A scrutineer commits an offence if:
(a) the scrutineer attends an authorised call centre; and
(b) the scrutineer communicates with an individual at the authorised call
centre; and
(c) the communication is not reasonably necessary for the discharge of the
scrutineer’s functions.
Penalty: 5 penalty units.
(7) This section does not prevent a scrutineer from objecting to:
(a) how a person has performed, or purported to perform, a function or duty
under this instrument; or
(b) how a person has exercised, or purported to exercise, a power under this
instrument; or
(c) a failure to perform or exercise such a function, duty or power.
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Part 2
Scrutiny
Division 4
Section 21
Note:
For example, a scrutineer may object to how a call centre operator has marked a ballot
paper under section 14 or to a ballot paper being placed in an envelope under that
section by a call centre operator.
21 Record of secure telephone votes
If a ballot paper is placed in an envelope under paragraph 14(3)(e), the Electoral
Commissioner must:
(a) place a mark against the person’s name on a copy of a certified list of
voters; or
(b) record electronically against an approved list of voters the fact that the
voter has voted by a secure telephone vote.
22 What must be done with the ballot papers
(1) As soon as possible after the close of the poll for all Divisions, an Assistant
Returning Officer must:
(a) open each ballot-box mentioned in paragraph 14(3)(e); and
(b) sort the envelopes, unopened, into bundles corresponding to Divisions.
(2) An Assistant Returning Officer must forward each bundle to the Divisional
Returning Officer for the appropriate Division for the conduct of a scrutiny.
(3) An individual commits an offence of strict liability if the individual:
(a) does something mentioned in subsection (1) or (2); and
(b) is neither an Assistant Returning Officer nor an individual performing tasks
under the direction of an Assistant Returning Officer.
Penalty: 5 penalty units.
23 Scrutiny before opening of envelopes containing ballot papers
(1) On the day that is 4 days after the polling day in the election, a Divisional
Returning Officer must do the following for each envelope forwarded to the
Divisional Returning Officer under subsection 22(2):
(a) find the name of the voter that corresponds to the registration number on
the envelope;
(b) check whether a mark has been placed against the voter’s name on a copy
of a certified list of voters, or a record for the voter has been made against
an approved list of voters, under section 200DJ or 232 of the Act.
The envelope is not to be opened.
Action if voter not found to have already voted
(2) If, at the time of checking, no mark has been placed against the voter’s name on
a copy of a certified list of voters, and no record for the voter has been made
against an approved list of voters, under section 200DJ or 232 of the Act, the
Divisional Returning Officer must, without inspecting the ballot paper or
allowing another individual to do so:
(a) open the envelope and withdraw the ballot paper; and
(b) place the ballot paper in a ballot-box for further scrutiny under section 24.
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Division 4 Scrutiny
Section 24
Action if voter found to have already voted
(3) If, at the time of checking, a mark has been placed against the voter’s name on a
copy of a certified list of voters, or a record for the voter has been made against
an approved list of voters, under section 200DJ or 232 of the Act, the Divisional
Returning Officer must, in every circumstance and without opening the
envelope, exclude the ballot paper contained in the envelope from further
scrutiny under section 24.
(4) The Divisional Returning Officer must seal up in a parcel ballot papers excluded
under subsection (3) and write on the parcel a description of the contents, the
name of the Division and the date.
Offence for opening secure telephone vote envelope
(5) An individual commits an offence of strict liability if the individual:
(a) opens an envelope placed in a ballot-box mentioned in paragraph 14(3)(e);
and
(b) is neither the Divisional Returning Officer nor an individual performing
tasks under the direction of the Divisional Returning Officer.
Penalty: 5 penalty units.
24 Scrutiny of ballot papers
(1) The Divisional Returning Officer must conduct the scrutiny of the ballot papers
placed in a ballot-box under paragraph 23(2)(b).
(2) For a general election, Senate election or by-election, the procedures in
Part XVIII of the Act apply to the scrutiny with the modifications necessary to
ensure that:
(a) no preliminary scrutiny mentioned in section 266 of the Act is to be
conducted; and
(b) the secure telephone vote is taken to be a pre-poll ordinary vote; and
(c) it is irrelevant that the voter did not complete the ballot paper personally;
and
(d) it is irrelevant that the vote can be identified as being cast by a coronavirus
affected individual.
(3) An individual commits an offence of strict liability if the individual:
(a) conducts the scrutiny; and
(b) is neither the Divisional Returning Officer nor an individual performing
tasks under the direction of the Divisional Returning Officer.
Penalty: 5 penalty units.
Publishing results of the scrutiny
(4) For the purposes of publishing results of the scrutiny on the Commission’s
website, a separate vote collection point must be identified for each Division in
which votes are cast by using a secure telephone vote.
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Part 2
Miscellaneous
Division 5
Section 25
Division 5—Miscellaneous
25 Authorised call centres
(1) The Electoral Commissioner must make arrangements for the establishment of
one or more call centres to receive telephone calls from individuals who wish to:
(a) register as a secure telephone voter; or
(b) vote by a secure telephone vote.
(2) The Electoral Commissioner may approve forms and other documents to be used
by call centre operators and other officers for the purposes of:
(a) registering an individual as a secure telephone voter; and
(b) assisting a registered secure telephone voter to vote by a secure telephone
vote.
Example: Statements and responses that allow call centre operators to explain to individuals how
to register or vote.
26 Offence for false or misleading declaration
An individual commits an offence if:
(a) the individual makes a declaration for the purposes of section 9, 11 or 13;
and
(b) the declaration is false or misleading in a material particular.
Penalty: 10 penalty units.
27 Offences related to secure telephone voting
(1) An individual commits an offence if the individual:
(a) interferes with a voter while the voter votes by a secure telephone vote; or
(b) communicates with a voter who votes by a secure telephone vote about the
voter’s vote; or
(c) does anything to find out how a voter who votes by a secure telephone vote
voted.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if:
(a) the individual is a call centre operator who is assisting the voter to vote; or
(b) the individual is permitted under subsection 15(1) to assist the voter to
vote; or
(c) the individual is providing assistance to the voter through a service referred
to in subsection 15(3).
Note 1:
A defendant bears an evidential burden in relation to the matters in subsection (2): see
subsection 13.3(3) of the
Criminal Code.
Note 2:
Other offences related to voting by a secure telephone vote include offences for
impersonating any individual with the intention of voting in that other individual’s
name: see section 339 of the Act.
(3) If:
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Division 5 Miscellaneous
Section 28
(a) an individual votes more than once in the same election; and
(b) at least one of the votes is by a secure telephone vote;
the individual commits a separate offence of strict liability for each of the votes
that is by a secure telephone vote.
Penalty: 20 penalty units.
Note 1:
This subsection means that each act of voting by a secure telephone vote gives rise to a
separate offence but it is not necessary to know which act of voting was the first one
and therefore legitimate.
Note 2:
It is also an offence to intentionally vote more than once in the same election: see
subsection 339(1D) of the Act.
28 Offence for destroying or interfering with voting hardware or software
(1) An individual commits an offence if:
(a) the individual destroys or interferes with:
(i) a computer program; or
(ii) a data file; or
(iii) an electronic device; and
(b) the program, file or device is used, or intended to be used, for or in
connection with voting by a secure telephone vote.
Penalty: 50 penalty units.
(2) Subsection (1) does not apply if the individual is an officer acting in the course
of the officer’s duties.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (2): see
subsection 13.3(3) of the
Criminal Code.
29 Records
For the purposes of section 393A of the Act, records made under this instrument,
including audio records, are taken to be electoral documents.
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Repeal
Part 3
Section 30
Part 3—Repeal
30 Repeal
This instrument is repealed at the end of 31 December 2022.
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