41ABBallot‑boxes opened before close of voting

#### 41AB Ballot‑boxes opened before close of voting (1) This section applies if, in relation to a referendum, an officer becomes aware that a ballot‑box containing ballot papers for the referendum (including ballot papers enclosed in envelopes) has been opened before the close of voting other than as mentioned in subsection 29(2). (2) An officer (the reporting officer) must: (a) place the ballot papers, or envelopes containing the ballot papers, in a parcel; and (b) seal the parcel; and (c) write on the parcel an indication of the type of ballot papers enclosed and that the ballot‑box has been prematurely opened; and (d) sign the parcel. Report (3) The reporting officer must prepare a report about the circumstances in which the ballot‑box was opened before the close of voting other than as mentioned in subsection 29(2) (including details of any witnesses). Material to be given to DRO (4) The reporting officer must give the report, parcel, ballot‑box and any other thing the reporting officer considers appropriate to the DRO for the Division as soon as practicable. Role of DRO (5) The DRO for the Division must examine the report, parcel, ballot‑box and any other thing given to the DRO under subsection (4) and then give them to the Australian Electoral Officer (the AEO) for the State or Territory concerned. Role of AEO (6) The AEO must: (a) open the parcel and examine the ballot papers not enclosed in envelopes, the envelopes, the report, the ballot‑box and any other thing given to the AEO under subsection (5); and (b) for each ballot paper not enclosed in an envelope—decide whether the ballot paper is to be included in the scrutiny under Part VI (see subsections (7) and (8)); and (c) for each envelope—decide whether the envelope is to be included in the preliminary scrutiny conducted in accordance with Schedule 4 (see subsections (9) and (10)). (7) The AEO must decide that a ballot paper is to be included in the scrutiny under Part VI unless the AEO is satisfied that the ballot paper has been fraudulently altered or otherwise interfered with so as not to reflect the voter’s intention. (8) If the AEO decides that a ballot paper is not to be included in the scrutiny under Part VI, the ballot paper is to be excluded from that scrutiny. (9) The AEO must decide that an envelope is to be included in the preliminary scrutiny conducted in accordance with Schedule 4 unless the AEO is satisfied that the envelope has been fraudulently altered. (10) If the AEO decides that an envelope is not to be included in the preliminary scrutiny conducted in accordance with Schedule 4, the envelope is to be excluded from that scrutiny. (11) The AEO must, after examining all the ballot papers and envelopes: (a) place in a parcel the ballot papers that are to be included in the scrutiny under Part VI; and (b) place in another parcel the ballot papers that are to be excluded from the scrutiny under Part VI; and (c) place in another parcel the envelopes that are to be included in the preliminary scrutiny conducted in accordance with Schedule 4; and (d) place in another parcel the envelopes that are to be excluded from the preliminary scrutiny conducted in accordance with Schedule 4; and (e) seal each parcel; and (f) write on each parcel an indication of the type of ballot papers or envelopes enclosed and that the ballot‑box has been prematurely opened; and (g) sign each parcel. (12) The AEO must give the parcels referred to in paragraphs (11)(a) and (c) to the DRO for the Division, and the ballot papers or envelopes in the parcels are to be included in the scrutiny under Part VI or in the preliminary scrutiny conducted in accordance with Schedule 4, as the case requires. (13) Before publication in the Gazette of the statement by the Electoral Commissioner showing the result of the referendum, the AEO must advise the Electoral Commissioner of the following: (a) a ballot‑box was opened before the close of voting other than as mentioned in subsection 29(2); (b) the number of ballot papers the AEO examined; (c) the number of ballot papers that were excluded from the scrutiny under Part VI because the AEO was satisfied that they had been fraudulently altered or otherwise interfered with so as not to reflect the voter’s intention; (d) the number of envelopes the AEO examined; (e) the number of envelopes that were excluded from the preliminary scrutiny conducted in accordance with Schedule 4 because the AEO was satisfied that they had been fraudulently altered. Preservation of material (14) The AEO is responsible for the safe custody, in accordance with the directions of the Electoral Commissioner, of the parcels referred to in paragraphs (11)(b) and (d), the ballot‑box and the report and any other thing given to the AEO under subsection (5) until they are destroyed. (15) Subject to Part VIII, the Electoral Commissioner may direct that the things referred to in subsection (14) be destroyed if: (a) not less than 6 months have elapsed since the publication in the Gazette of the statement by the Electoral Commissioner showing the result of the referendum in which the things were used; and (b) the things are no longer required by the Electoral Commission for the performance of its functions.