Document ID: chunk:federal_register_of_legislation:C2025C00128:section:41ab:p2
Version: federal_register_of_legislation:C2025C00128
Segment Type: section
Provision Reference: s 41AB (pt 2/3)
Character Range: 88327–90998

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