Document ID: chunk:federal_register_of_legislation:C2025C00152:section:274:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 274 (pt 1/5)
Character Range: 574649–577424

274  Scrutiny of votes in House of Representatives elections
 (1) In a House of Representatives election the scrutiny shall, subject to section 266, be conducted in the manner set out in this section.
 (2) Each Assistant Returning Officer shall, in the presence of a polling official, and of such authorized scrutineers as may attend, do the following:
 (a) exhibit for the inspection of the scrutineers:
 (i) each ballot‑box received from a presiding officer or mobile polling team leader; and
 (ii) each pre‑poll ordinary ballot‑box (within the meaning of Division 3 of Part XVA) received from a voting officer (within the meaning of that Division);
 (aa) record the condition of the ballot‑box when it was received;
 (ab) open the ballot‑box and remove the ballot papers from the box;
 (ac) for a pre‑poll ordinary ballot‑box being dealt with before the close of the poll in accordance with subsection (2AA)—unfold the ballot papers and sort them into groups as follows:
 (i) a group for each candidate for whom a ballot paper indicates a first preference;
 (ii) a group for informal votes;
 (b) count:
 (i) the number of ballot papers with first preference votes marked for each candidate; and
 (ii) the number of informal ballot papers, and reject those papers;
 (c) bundle up the ballot papers in accordance with the directions of the Electoral Commissioner;
 (d) make out and sign a statement (which may be countersigned by a polling official, and, if they so desire, by such scrutineers as are present) setting out the number of first preference votes given for each candidate, and the number of informal ballot papers;
 (f) transmit the following information, in an expeditious manner, to the Divisional Returning Officer:
 (i) the number of first preference votes given for each candidate; and
 (ii) the total number of ballot papers rejected as informal;
 (g) record on each bundle a description of the contents;
 (ga) seal up the bundles in a securely fastened container in accordance with the directions of the Electoral Commissioner, and endorse on each container a description of the contents of the container, and permit any scrutineers present to countersign the endorsement;
 (h) transmit the container to the Divisional Returning Officer with the least possible delay, together with the statement specified in paragraph (d).

 (2AA) The actions set out in paragraphs (2)(a), (aa), (ab) and (ac) may be taken in relation to a pre‑poll ordinary ballot‑box after 4 pm on polling day. A scrutineer present while the actions are being taken is not entitled to object to a ballot paper before the closing of the poll, but may after the closing make any objections as if the ballot‑box had not been dealt with under this subsection.

            Note: The actions