Commonwealth legislation

Custody and Destruction of Ballot-Papers Regulations

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

97 of 1907

Collection

legislative instrument

Plain English Summary

1/10 complexity

What this does: These regulations set out the rules for handling ballot papers after a constitutional referendum (a national vote on changing the Constitution).

Key rules:

Safe keeping: After votes are counted, all ballot papers must be stored securely by the Commonwealth Electoral Officer for each State.
When to destroy: Once a referendum result can no longer be legally challenged (meaning no court disputes are possible), the Chief Electoral Officer for the Commonwealth can give written permission to destroy the ballots.
How to destroy: The State Electoral Officer must burn the ballot papers with a witness present, then send written confirmation to the Chief Electoral Officer that the destruction is complete.

Who it affects: Staff of the Australian Electoral Commission (and its predecessor offices) who manage referendum materials.

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Current sections

Direct links to the current provisions in Custody and Destruction of Ballot-Papers Regulations.

Custody and Destruction of Ballot-Papers Regulations

statutory rules.

1907. No. 97.

REGULATIONS UNDER THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Referendum (Constitution Alteration) Act 1906 to come into operation forthwith, such Regulations to supersede Provisional Regulations issued on the 7th day of June, 1907, which are hereby repealed.

Dated this thirteenth day of September, One thousand nine hundred and seven.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

J. H. KEATING,

Minister of State for Home Affairs.

REGULATIONS RELATING TO THE CUSTODY AND DESTRUCTION OF BALLOT-PAPERS.

Custody of Ballot-papers.

All ballot-papers used for voting at a referendum shall be preserved in the custody of the Commonwealth Electoral Officer for the State in which they were counted until the Commonwealth Electoral Officer is authorized to destroy them.

Destruction of Ballot-papers.

When a referendum can be no longer questioned, the Chief Electoral Officer for the Commonwealth may, by writing, authorize the destruction of the ballot-papers used for voting at the referendum.

Method of Destruction.

The Commonwealth Electoral Officer for the State shall, on receipt of the authority for the destruction of the ballot-papers, destroy them by fire in the presence of a witness, and shall, in writing, inform the Chief Electoral Officer of their destruction.

By Authority: J. Kemp, Acting Government Printer, Melbourne.

C.10649.—Price 3d.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Custody and Destruction of Ballot-Papers Regulations