Document ID: chunk:federal_register_of_legislation:C2004A00347:clause:1_273a:p2
Version: federal_register_of_legislation:C2004A00347
Segment Type: clause
Provision Reference: sch 1 cl 273A (pt 2/2)
Character Range: 36464–38917

Electoral Officer and whose details have been stored in the computer (including informal ballot‑papers, and formal ballot‑papers that are not sequentially numbered); and
 (b) a record of the ballot‑papers that are notionally transferred, or exhausted, at each count; and
 (c) a record of the progress of the count of the votes, at each count.

Modified rules for re‑count

 (7) If ballot‑papers that are to be re‑counted under section 278 are in the possession of the Australian Electoral Officer immediately before the re‑count begins, the Australian Electoral Officer must deal with those ballot‑papers as follows:
 (a) open the parcels (for those ballot‑papers that are in parcels) in the presence of an officer of the Australian Public Service and of any scrutineer who attends;
 (b) scrutinise all the ballot‑papers, and make a decision on each one either to admit it or reject it;
 (c) after scrutinising all the ballot‑papers, restore the ones that were in parcels to their original covers, and place the remaining ballot‑papers in a parcel or parcels;
 (d) seal up all the parcels and write on each cover:
 (i) the number of ballot‑papers contained in the cover; and
 (ii) a statement that all the ballot‑papers have been the subject of decisions by the Australian Electoral Officer;
 (e) sign the cover of each parcel and permit other persons who were present when the ballot‑papers were scrutinised to add their signatures.

 (8) If:
 (a) a re‑calculation by computer occurs following a re‑count; and
 (b) during the re‑calculation, the same tie that occurred on the previous calculation by computer occurs again;
for the purposes of the re‑calculation that tie is to be resolved in favour of the candidate in whose favour it was resolved during the previous calculation.

 (9) If a re‑count is required under section 282, the Australian Electoral Officer must conduct the re‑count by using a computer to apply the principles set out in subsections 273(8) to (30) (inclusive), modified in the way set out in section 282.

Definitions

 (10) In this section:

dividing line means the line on the ballot‑paper that separates the voting method described in subsection 239(1) from the voting method described in subsection 239(2).

wholly above‑the‑line ballot‑paper means a ballot‑paper that:
 (a) has one or more numbers, ticks, crosses or other marks above the dividing line; and
 (b) has no marks on the ballot‑paper below the dividing line.