New South Wales Consolidated Regulations

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Security of election materials

391 Security of election materials

(1) The returning officer, after the election has been declared, is to parcel up the following items used in the election:
(a) the marked and unmarked ballot-papers,
(b) the printed copies of the roll,
(c) any other papers (other than any provisional vote envelopes required to be sent to the Electoral Commissioner under clause 391A),
(d) if a notation has been made on an electronic copy of the roll, or on another file, on a computer to show the delivery of a ballot-paper to an elector--a copy of the electronic copy of the roll, or other file, so marked by that recording (such as on a memory stick or a disc as directed by the Electoral Commissioner).
(2) The returning officer is to seal, endorse and sign each parcel, and to allow any scrutineers entitled to be present to do the same to each parcel. The endorsement is to specify the contents of each parcel and the name of the ward (if any) and area, as well as the date of the polling, to which the contents relate.
(3) The returning officer is to forward the parcels to the election manager.
(4) The election manager must ensure the parcels are kept securely until the latest of the following:
(a) the period of 6 months after the day of polling has expired,
(b) if proceedings in a court or tribunal relating to the election have been commenced within that period--the proceedings have been finally determined,
(c) if the election manager has consented to the use of the papers and materials in the parcels for research or analysis--the conclusion of that research or analysis.
(5) On the expiry of the election manager's obligation under subclause (4), he or she may cause the parcels to be destroyed.
(6) The returning officer is to detach the statistical information sheet from each nomination paper before the papers are parcelled under this clause. The returning officer is then to forward the sheets to the general manager of the relevant council. The general manager must treat the information on the sheets confidentially and the information is to be made available only to the Director-General.

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