New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 175

175 Security of election materials and electronic resources

(1) The Electoral Commissioner must have the sealed packages containing marked and unmarked ballot papers, declaration voting envelopes, authorised rolls and other election materials used in the election kept securely until the conclusion of the election's preservation period.

(2) The Electoral Commissioner must have any electronic resources (including files, programs, applications and spreadsheets) used in the election kept securely until the conclusion of the election's preservation period.

(3) On the expiry of the preservation period, the Electoral Commissioner may cause those papers, materials and electronic resources to be destroyed.

(4) In this section,
"preservation period" , in relation to an election, means the period commencing on the election day and ending on the latest of the following--

(a) 6 months after the election day,

(b) the expiry of the period during which the validity of the election may be disputed under this Act,

(c) if a petition has, or petitions have, been filed under section 233--the date that the Court of Disputed Returns determines the matters referred to in the petition or petitions,

(d) if the Electoral Commissioner has authorised the use of the papers and materials for research or analysis by members of staff of the Electoral Commission--the conclusion of that research or analysis.