41Spoilt ballot papers

#### 41 Spoilt ballot papers (1) If a person voting at a referendum, before depositing a ballot paper in a ballot‑box, satisfies the presiding officer, a voting officer within the meaning of Division 3 of Part IVA, or a polling official, that the person has spoilt the ballot paper by mistake or accident, the officer or official 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 or official 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 or official shall provide the person with a new ballot paper and shall cancel the spoilt ballot paper. (3) An officer or official 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 that have been cancelled under subsection (1) or (2) must be bundled up and given to the DRO for the Division after the close of voting.