Custody of ballot papers

196 Obligation of persons in possession of ballot papers

(1)

Every person who is, other than for the purpose of recording his or her vote, in possession of 1 or more ballot papers must—

(a)

take all reasonable steps to ensure the safe custody of the ballot papers; and

(b)

deal with the ballot papers in accordance with—

(i)

any applicable provisions of this Act or regulations made under this Act; and

(ii)

in the case of an electoral official or a polling place official, any applicable directions given under section 20A or section 158A; and

(iii)

in the case of a person involved in performing or assisting with the performance of a contract with an electoral official or a polling place official, the terms of the relevant contract and any instructions given by or on behalf of the official.

(2)

Subsection (1) applies to a person involved in performing or assisting with the performance of a contract for the carriage of ballot papers only if the person is aware of that fact or, because of indications on the box, parcel, or packet in which the ballot papers are contained, ought to be aware of the fact.

(3)

Whenever ballot papers are delivered to a Returning Officer by or on behalf of the printer who has printed the ballot papers,—

(a)

the Returning Officer must give or send the printer a receipt specifying the total number of ballot papers received by the Returning Officer; and

(b)

the printer must see that all copies of ballot papers other than those delivered to the Returning Officer are immediately destroyed.

(4)

Every person commits an offence and is liable on conviction to a fine of $2,000 who fails to comply with a requirement imposed on the person by this section.

Section 196: substituted, on 28 February 2002, by section 79 of the Electoral Amendment Act 2002 (2002 No 1).

Section 196(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).