Queensland Consolidated Acts

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ELECTORAL ACT 1992 - SECT 136

Storage of ballot papers and declaration envelopes

136 Storage of ballot papers and declaration envelopes

(1) The commission must keep the following material for an election for the period that applies under subsection (2)
(a) formal and informal ballot papers for the election;
(b) certified copies of electoral rolls;
(c) declaration envelopes.
(2) For subsection (1) , the period starts on the polling day for the election and ends on the latest of the following days—
(a) the day that is 1 year after the polling day for the election;
(b) if the material relates to an application to dispute an election or an appeal—the day on which—
(i) the application is withdrawn; or
(ii) if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or
(iii) if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or
(iv) the appeal is decided, dismissed or withdrawn;
(c) if the commission has authorised a person, including, for example, a person who conducts research at a university, to use the materials for analysis or research—the day on which—
(i) the person finishes the analysis or research; or
(ii) the person no longer requires the materials for the analysis or research; or
(iii) the commission withdraws the authorisation.
(3) However, the commission must comply with any order by a court, or any request by the commissioner of the Queensland Police Service, to hand over, allow access to or provide copies of any ballot papers or declaration envelopes.
(4) In this section—

"appeal" means an appeal started under part 8 , division 4 .

"application to dispute an election" means an application to dispute an election under part 8 , division 2 .



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