Electoral Amendment Act 2002

79 New sections 196 and 196A substituted
  • The principal Act is amended by repealing section 196, and substituting the following sections:

    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 summary conviction to a fine of $2,000 who fails to comply with a requirement imposed on the person by this section.

    196A Unlawful possession of ballot paper
    • (1) Every person is liable on summary conviction to a fine not exceeding $2,000 who, without authority under this Act or regulations made under this Act, obtains possession of any ballot paper.

      (2) Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who retains any ballot paper in his or her possession after leaving a polling place.