sec.46Storage of ballot papers and declaration envelopes

### sec.46 Storage of ballot papers and declaration envelopes The commission must keep the following material for a referendum for the period that applies under subsection (2) — formal and informal ballot papers for the referendum; certified copies of electoral rolls; declaration envelopes. For subsection (1) , the period starts on the polling day for the referendum and ends on the latest of the following days— the day that is 1 year after the polling day; if the material relates to an application to dispute a referendum or an appeal—the day on which— the application is withdrawn; or if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or the appeal is decided, dismissed or withdrawn; if the commission has authorised a person, including, for example, a person who conducts research at a university, to use the materials for analysis or research—the day on which— the person finishes the analysis or research; or the person no longer requires the materials for the analysis or research; or the commission withdraws the authorisation. However, the commission must comply with any order by a court, or any request by the commissioner of the police service, to hand over, allow access to or give copies of any ballot papers or declaration envelopes. In this section— appeal means an appeal started under part 5 , division 2 . application to dispute a referendum means an application to dispute a referendum under part 5 , division 1 . s 46 amd 2019 No. 31 s 102 (sec.46-ssec.1) The commission must keep the following material for a referendum for the period that applies under subsection (2) — formal and informal ballot papers for the referendum; certified copies of electoral rolls; declaration envelopes. (sec.46-ssec.2) For subsection (1) , the period starts on the polling day for the referendum and ends on the latest of the following days— the day that is 1 year after the polling day; if the material relates to an application to dispute a referendum or an appeal—the day on which— the application is withdrawn; or if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or the appeal is decided, dismissed or withdrawn; if the commission has authorised a person, including, for example, a person who conducts research at a university, to use the materials for analysis or research—the day on which— the person finishes the analysis or research; or the person no longer requires the materials for the analysis or research; or the commission withdraws the authorisation. (sec.46-ssec.3) However, the commission must comply with any order by a court, or any request by the commissioner of the police service, to hand over, allow access to or give copies of any ballot papers or declaration envelopes. (sec.46-ssec.4) In this section— appeal means an appeal started under part 5 , division 2 . application to dispute a referendum means an application to dispute a referendum under part 5 , division 1 . - (a) formal and informal ballot papers for the referendum; - (b) certified copies of electoral rolls; - (c) declaration envelopes. - (a) the day that is 1 year after the polling day; - (b) if the material relates to an application to dispute a referendum or an appeal—the day on which— (i) the application is withdrawn; or (ii) if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or (iii) if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or (iv) the appeal is decided, dismissed or withdrawn; - (i) the application is withdrawn; or - (ii) if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or - (iii) if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or - (iv) the appeal is decided, dismissed or withdrawn; - (c) if the commission has authorised a person, including, for example, a person who conducts research at a university, to use the materials for analysis or research—the day on which— (i) the person finishes the analysis or research; or (ii) the person no longer requires the materials for the analysis or research; or (iii) the commission withdraws the authorisation. - (i) the person finishes the analysis or research; or - (ii) the person no longer requires the materials for the analysis or research; or - (iii) the commission withdraws the authorisation. - (i) the application is withdrawn; or - (ii) if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or - (iii) if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or - (iv) the appeal is decided, dismissed or withdrawn; - (i) the person finishes the analysis or research; or - (ii) the person no longer requires the materials for the analysis or research; or - (iii) the commission withdraws the authorisation.