124 Power to destroy records

(1)

Subject to subsection (3), the Electoral Commission may destroy any of the records described in subsection (2) if—

(a)

the Electoral Commission considers that the records are no longer required; and

(b)

2 general elections have taken place since the records were made.

(2)

The records referred to in subsection (1) are records held by the Electoral Commission, being—

(a)

applications for registration as electors; and

(b)

forms returned following an inquiry under section 89D; and

(c)

records forming part of the dormant roll maintained under section 109(1).

(3)

Nothing in this section authorises any person to destroy any records if he or she has reason to believe that those records are relevant to an election petition or that the time for bringing an election petition to which those records may be relevant has not expired.

(4)

Despite subsections (1) to (3), the Electoral Commission may destroy paper copies of any of the records described in subsection (2) if satisfied that accurate electronic images of those records have been created by or on behalf of the Electoral Commission and are being stored by or on behalf of the Electoral Commission in a manner that ensures that those electronic images are and will be able to be used for the same purposes as the paper copies would, if not destroyed, have been required by the rest of this Act to be able to be used.

(5)

A requirement in or under this Act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4), satisfied by using for that purpose the accurate electronic image, created and stored under subsection (4), of that paper copy.

Section 124: substituted, on 18 March 2002, by section 43 of the Electoral Amendment Act 2002 (2002 No 1).

Section 124(1): amended, on 21 March 2017, by section 62 of the Electoral Amendment Act 2017 (2017 No 9).

Section 124(1)(a): amended, on 21 March 2017, by section 62 of the Electoral Amendment Act 2017 (2017 No 9).

Section 124(2): amended, on 21 March 2017, by section 62 of the Electoral Amendment Act 2017 (2017 No 9).

Section 124(2)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 124(4): added, on 17 August 2011, by section 18 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 124(4): amended, on 21 March 2017, by section 62 of the Electoral Amendment Act 2017 (2017 No 9).

Section 124(5): added, on 17 August 2011, by section 18 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).