Commonwealth legislation

Custody and Destruction of Ballot-Papers Regulations (Provisional)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

59 of 1907

Collection

legislative instrument

Plain English Summary

2/10 complexity

These regulations set out the rules for handling referendum ballot papers after voting day.

What it covers:

Safe keeping: Ballot papers must be stored securely by the local Returning Officer (the official who manages voting in each electorate) until they receive permission to destroy them.
When destruction is allowed: Only after a referendum result can no longer be legally challenged can the State's Commonwealth Electoral Officer give written approval to destroy the papers.
How to destroy them: The Returning Officer must burn the ballot papers while a witness watches, then send written confirmation to the Electoral Officer that the destruction is complete.

Why this matters: These rules ensure there's a proper paper trail if someone questions the referendum result, while also ensuring sensitive voting materials aren't kept forever or disposed of insecurely.

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Current sections

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

Custody and Destruction of Ballot-Papers Regulations (Provisional)

STATUTORY RULES.

1907. No. 59.

PROVISIONAL 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 certify that, on account of urgency, the following Regulations under the Referendum (Constitution Alteration) Act 1906 should come into immediate operation, and make the Regulations to come into operation forthwith as “Provisional Regulations.”

Dated this 7th day of June, 1907.

HARRY H. RAWSON,

Deputy 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 Returning Officer for the Division in which they were counted until the Returning Officer is authorised to destroy them.

Destruction of Ballot-Papers.

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

Method of Destruction.

Each Divisional Returning Officer 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 Commonwealth Electoral Officer of their destruction.

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

C.6327.—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 (Provisional)