REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 142A Preservation of documents

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 142A

  (1)   In this section, referendum 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   45.

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

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

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

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

  (6)   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.

  (7)   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.

  (8)   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.

  (9)   Subject to Part   VIII, the Electoral Commissioner may direct that referendum documents be destroyed if:

  (a)   not less than 6 months have elapsed since the publication, under subsection   98(2), of a statement relating to the referendum in which the documents were used; and

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