QLDIn ForceAct
Referendums Act 1997
sec.34BReplacement ballot paper issued to postal voter
Start here
Get a plain-English read of sec.34B
Turn the raw legal text into a practical explanation grounded in Referendums Act 1997.
### sec.34B Replacement ballot paper issued to postal voter
This section applies if a ballot paper for a referendum and declaration envelope is sent to an elector under section 30 and either—
the elector does not receive the ballot paper and declaration envelope; or
the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote.
The elector may ask the commission or returning officer for a replacement ballot paper.
If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper is to be sent.
An issuing officer must—
if the elector makes the request in person— give another ballot paper and declaration envelope to the elector; or
post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.
When the elector makes a declaration vote under subdivision 2 , the elector must make the declaration on the declaration envelope that states—
the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and
the elector has not otherwise voted in the election.
The commission and returning officers must keep a record of all ballot papers and declaration envelopes given or sent under this section.
s 34B ins 2019 No. 31 s 96
(sec.34B-ssec.1) This section applies if a ballot paper for a referendum and declaration envelope is sent to an elector under section 30 and either— the elector does not receive the ballot paper and declaration envelope; or the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote.
(sec.34B-ssec.2) The elector may ask the commission or returning officer for a replacement ballot paper.
(sec.34B-ssec.3) If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper is to be sent.
(sec.34B-ssec.4) An issuing officer must— if the elector makes the request in person— give another ballot paper and declaration envelope to the elector; or post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.
(sec.34B-ssec.5) When the elector makes a declaration vote under subdivision 2 , the elector must make the declaration on the declaration envelope that states— the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and the elector has not otherwise voted in the election.
(sec.34B-ssec.6) The commission and returning officers must keep a record of all ballot papers and declaration envelopes given or sent under this section.
- (a) the elector does not receive the ballot paper and declaration envelope; or
- (b) the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote.
- (a) if the elector makes the request in person— give another ballot paper and declaration envelope to the elector; or
- (b) post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.
- (a) the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and
- (b) the elector has not otherwise voted in the election.