Document ID: chunk:federal_register_of_legislation:C2025C00152:section:238
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 238
Character Range: 509240–510681

238  Spoilt ballot papers
 (1) If any voter before depositing a ballot paper in the ballot‑box satisfies the presiding officer, a voting officer within the meaning of Division 3 of Part XVA, or a polling official, that he or she has spoilt the ballot paper by mistake or accident, the voter may, on giving it up, receive a new ballot paper from the officer or official, who shall there and then cancel the spoilt ballot paper.
 (2) If any voter voting in a manner that will involve a ballot paper being placed in an envelope satisfies the officer or official 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 voter may, on giving up the spoilt ballot paper to the officer or official, receive a new ballot paper from the officer or official, who shall there and then cancel the spoilt ballot paper.
 (3) An officer or official 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 bundled up and given to the Divisional Returning Officer for the Division after the close of the poll.