Electoral Act 1992

This section applies if a ballot paper for an election and declaration envelope is sent to an elector under section 119 and either—

the elector does not receive the ballot paper and declaration envelope; or

the ballot paper (the spoilt ballot paper) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote.

The elector may ask the commission or returning officer for a replacement ballot paper.

If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper is to be sent.

An issuing officer must—

if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or

post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.

When the elector makes a declaration vote under subdivision 3, the elector must make the declaration on the declaration envelope that states—

the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and

the elector has not otherwise voted in the election.

The commission and returning officers must keep a record of all ballot papers and declaration envelopes given or sent under this section.