Electoral Act 1993

Disposal of ballot papers

187 Disposal of ballot papers, rolls, etc

(1)

As soon as practicable after giving the Electoral Commission the information specified in section 179(1), the Returning Officer must destroy or cause to be destroyed all unused ballot papers.

(1A)

As soon as practicable after complying with the requirements of subsection (1), the Returning Officer must—

(a)

enclose or cause to be enclosed in 1 or more packets all parcels that have been received, or made up, by the Returning Officer and that contain any of the following documents:

(i)

used ballot papers, including the special voters’ ballot papers:

(ii)

counterfoils of issued ballot papers and counterfoils of unused ballot papers:

(iii)

spoilt ballot papers:

(iv)

ballot papers set aside under section 171 or section 177; and

(b)

enclose or cause to be enclosed in 1 or more packets the following materials:

(i)

ballot paper accounts:

(ii)

copies of rolls (except the master roll):

(iii)

books or other papers provided for by this Act:

(iv)

all letters and other papers received from any manager of a polling place or issuing officer about special votes; and

(c)

ensure that each packet is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and

(d)

sign the endorsement on each packet; and

(e)

ensure that every packet is sent to the Clerk of the House of Representatives without delay.

(2)

The Clerk of the House of Representatives shall forthwith give or send to the Returning Officer a receipt under his or her hand for the said packets and parcel.

(3)

The Electoral Commission must attach to the master roll for each district a list that—

(a)

sets out the names and addresses of all special voters whose names were not on the printed roll (other than those whose names were not on that roll by virtue of section 115); and

(b)

indicates the special voters whose votes have been disallowed.

(4)

The Electoral Commission shall keep the master roll, and the attached list, until the next general election.

(5)

Any registered elector of the district may inspect any master roll for the district, and the attached list, at the office of the Electoral Commission for the district, without payment of any fee, at any time when the office is open for the transaction of business.

Compare: 1956 No 107 s 121; 1981 No 120 s 38; 1990 No 1 s 62

Section 187(1): substituted, on 28 February 2002, by section 74 of the Electoral Amendment Act 2002 (2002 No 1).

Section 187(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 187(1A): inserted, on 28 February 2002, by section 74 of the Electoral Amendment Act 2002 (2002 No 1).

Section 187(3): replaced, on 21 March 2017, by section 91(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 187(4): amended, on 21 March 2017, by section 91(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 187(5): replaced, on 21 March 2017, by section 91(3) of the Electoral Amendment Act 2017 (2017 No 9).