Commonwealth Consolidated Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 41

             (1)  If a person voting at a referendum, before depositing a ballot-paper in a ballot-box, satisfies the presiding officer at the polling booth at which the person is voting, or the issuing officer within the meaning of Division 3 of Part IVA, that the person has spoilt the ballot-paper by mistake or accident, the presiding officer or issuing officer 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 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 shall provide the person with a new ballot-paper and shall cancel the spoilt ballot-paper.

             (3)  An officer 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) shall be sealed up in a parcel which shall be given to the DRO for the Division after the close of voting.