Commonwealth Consolidated Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 41

             (1)  If a person voting at a referendum, before depositing a ballot‑paper in a ballot‑box, satisfies the presiding officer at the polling booth at which the person is voting that the person has spoilt the ballot‑paper by mistake or accident, the presiding officer shall provide the person with a new ballot‑paper and shall cancel the spoilt ballot‑paper.

             (2)  If a person voting at a referendum in a manner that will involve a ballot‑paper being placed in an envelope satisfies the officer who issued the ballot‑paper that, before the ballot‑paper was placed in the relevant envelope, he or she spoilt the ballot‑paper by mistake or accident, the officer shall provide the person with a new ballot‑paper and shall cancel the spoilt ballot‑paper.

             (3)  An officer who has cancelled a spoilt ballot‑paper shall:

                     (a)  write "spoilt" on the back of the ballot‑paper;

                     (b)  place the ballot‑paper in an envelope, seal the envelope and write on the envelope an indication of the type of ballot‑paper enclosed and that it is spoilt; and

                     (c)  sign the envelope.

             (4)  The envelopes containing spoilt ballot‑papers cancelled at a polling place shall be sealed up in a parcel which shall be given to the DRO for the Division after the close of voting.