Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:10:p9
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 10 (pt 9/13)
Character Range: 85867–88461

containing the ballot‑paper in a locked and sealed ballot box, provided for the election by the returning officer, in a secure part of the workplace where the members of the workforce in the designated work group to which the election relates may place envelopes of that kind; or
 (ii) sending the envelope to the returning officer so as to reach him or her not later than the close of the poll.
 (3) If, before lodging his or her ballot, a voter:
 (a) claims that he or she has spoilt his or her ballot‑paper; and
 (b) returns the ballot‑paper to the returning officer; and
 (c) requests a further ballot‑paper;
the returning officer must:
 (d) give the voter a fresh ballot‑paper; and
 (e) write the word 'spoilt' across the returned ballot‑paper and sign and date the writing; and
 (f) retain the spoilt ballot‑paper until the end of 6 months after notification of the result of the poll is given under regulation 3.27.

Division 4—The count

3.17  Envelopes given to returning officer
 (1) A returning officer for an election must:
 (a) keep the ballots received by him or her before the close of the poll secure; and
 (b) keep the envelopes containing the ballot‑papers unopened until the count.
 (2) The returning officer must not admit to the count ballot‑papers received by him or her after the close of the poll.

3.18  Scrutineers
  Each candidate in a poll conducted by secret ballot may appoint one scrutineer to represent him or her at the count.

3.19  Returning officer to be advised of scrutineers
  A candidate must tell the returning officer for the election the name of his or her scrutineer (if any) before the commencement of the count.

3.20  Persons present at the count
 (1) The returning officer for an election may direct a person to leave the place where the count is being conducted if the person:
 (a) is not entitled to be present, or to remain present, at the count; or
 (b) being entitled to be present, interrupts the count, except as provided by subregulation (2).
 (2) A candidate's scrutineer may interrupt the count and so inform the returning officer if the scrutineer:
 (a) objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or
 (b) considers that an error has been made in the conduct of the count.
 (3) A person who does not comply with a direction given to him or her under subregulation (1) is guilty of an offence.
Penalty: 5 penalty units.
 (4) However, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse.
Note: A defendant bears