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COMMONWEALTH ELECTORAL ACT 1918 - SECT 393A Preservation of documents

COMMONWEALTH ELECTORAL ACT 1918 - SECT 393A

Preservation of documents

  (1)   In this section, electoral documents includes:

  (a)   ballot papers; and

  (b)   certified lists of voters; and

  (ba)   approved lists of voters; and

  (c)   certified copies of the Roll; and

  (d)   declarations; and

  (e)   postal vote certificates; and

  (f)   pre - poll vote certificates for declaration voting; and

  (g)   lists prepared under section   245.

  (2)   An Australian Electoral Officer is responsible for the safe custody, in accordance with the directions of the Electoral Commissioner, of ballot papers transmitted to him or her in accordance with paragraph   273(3)(d) until the ballot papers are destroyed.

  (3)   The DRO for a Division is responsible for the safe custody, in accordance with the directions of the Electoral Commissioner, of electoral documents used in the Division in connection with an election until the documents are destroyed.

  (4)   An officer who conducts a scrutiny shall, after the completion of the scrutiny, parcel up and seal all electoral documents (except approved lists of voters) dealt with or used in the scrutiny.

  (5)   Each Assistant Returning Officer shall send to the DRO, in parcels fastened and sealed, all electoral documents (except approved lists of voters) used in an election in that portion of the Division for which he or she was appointed.

  (6)   A DRO may open a parcel sent to the DRO by an Assistant Returning Officer.

  (7)   Material removed from a parcel shall:

  (a)   be retained by the DRO; or

  (b)   be dealt with according to the directions of the Electoral Commissioner.

  (8)   When the purpose for which material was removed from a parcel has been satisfied, the DRO shall:

  (a)   as soon as practicable, replace the material in the parcel and refasten and reseal the parcel; and

  (b)   write on the covering of the parcel a notation indicating that the parcel has been opened by the DRO and specifying the purpose for which it was opened.

  (9)   A DRO who opens a parcel shall not mark or alter, or permit any other person to mark or alter, a document removed from the parcel.

  (10)   Subject to Part   XXII, the Electoral Commissioner may direct that electoral documents be destroyed if:

  (a)   not less than 6 months have elapsed since the declaration of the poll in the election in which the documents were used; and

  (b)   the documents are no longer required by the Electoral Commission for the performance of its functions.

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