Page:Australian Electoral Commission v Johnston.pdf/14

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Hayne J

6.

about the facts and circumstances which have been agreed or assumed for the purposes of the determination of the questions.

Writs for elections

Part XIII of the Act (ss 151–161) provides for the issue of writs for the election of senators[1] and members of the House of Representatives[2]. The writ fixes[3] the dates for the close of the rolls, the nomination of candidates, the polling and the return of the writ. The dates which may be fixed for those steps are prescribed by ss 155–159.

The polling

Part XVI of the Act (ss 202A–245) provides for the conduct of the polling. Provision is made for the form[4] and printing[5] of Senate ballot papers and for group voting tickets[6] and individual voting tickets[7], which are steps necessary to permit electors to vote "above the line" in a Senate election.

An elector claiming to vote in an election (and who does not take advantage of the provisions for postal or pre-poll voting) must attend a polling place and, upon answering certain questions[8], has the right to receive a ballot paper[9]. Subject to some exceptions which are not material, the voter, upon receipt of the ballot paper, marks "his or her vote on the ballot paper"[10], folds the


  1. ss 151 and 153.
  2. s 154.
  3. s 152(1).
  4. s 209.
  5. s 210.
  6. s 211.
  7. s 211A.
  8. s 229(1).
  9. s 231(1).
  10. s 233(1)(a).