Document ID: chunk:federal_register_of_legislation:F2006C00692:body:0:p13
Version: federal_register_of_legislation:F2006C00692
Segment Type: other
Provision Reference: 
Character Range: 29399–32146

a different number of votes, the surplus of the candidate with the largest number of votes at that count or transfer being transferred first, but if there has been no such count or transfer the returning officer shall determine by lot the order in which the surpluses shall be dealt with.

 (7) Where, after any count or transfer under this section, a candidate obtains surplus votes, those surplus votes shall not be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count or transfer.

135D Votes for excluded candidates

 (1) Where, after the counting of first preference votes or the transfer of surplus votes (if any) of elected candidates, no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who has the fewest votes shall be excluded and all that candidate's votes shall be transferred to the continuing candidates as follows:
 (a) the total number of ballot papers of the excluded candidate that express the first preference vote for that candidate and the next available preference for a particular continuing candidate shall be transferred, each ballot paper at a transfer value of one, to the continuing candidate and added to the number of votes of the continuing candidate and all those ballot papers shall be transferred to the continuing candidate;
 (b) the total number (if any) of other votes obtained by the excluded candidate on transfers under this regulation shall be transferred from the excluded candidate in the order of the transfers on which the candidate obtained them, the votes obtained on the earliest transfer being transferred first, as follows:
 (i) the total number of ballot papers transferred to the excluded candidate from a particular candidate and expressing the next available preference for a particular continuing candidate shall be multiplied by the transfer value at which the votes were so transferred to the excluded candidate;
 (ii) the number so obtained (disregarding any fraction) shall be added to the number of votes of the continuing candidate;
 (iii) all those ballot papers shall be transferred to the continuing candidate.

 (2) Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of a transfer under subsection (1) or (3) of votes of an excluded candidate shall be elected, and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected shall be transferred in accordance with paragraphs 135C (1) (a) and (b), except that, where the candidate so elected is elected before all the votes of the excluded candidate have been transferred the surplus