Document ID: chunk:federal_register_of_legislation:C2013A00026:clause:1_41ab:p1
Version: federal_register_of_legislation:C2013A00026
Segment Type: clause
Provision Reference: sch 1 cl 41AB (pt 1/3)
Character Range: 14074–16811

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