Document ID: chunk:federal_register_of_legislation:F2017L01279:schedule:3:p1
Version: federal_register_of_legislation:F2017L01279
Segment Type: schedule
Provision Reference: sch 3 (pt 1/2)
Character Range: 158129–161124

Schedule 3—Procedure at the recount
(Rule 130)

      1.  (1) In this Schedule, unless the contrary intention appears:
      ballot-papers of the former member means:
          (a) if the former member obtained an absolute majority on first preferences—the ballot‑papers on which those first preferences are marked; or
          (b) if the former member was elected after a transfer or transfers of ballot-papers—all the ballot‑papers counted to the former member at the time when he or she was elected.
      continuing unsuccessful candidate means an unsuccessful candidate who:
          (a) has made a declaration under rule 121; and
          (b) is not excluded from the recount.

        (2) In this Schedule, unless the contrary intention appears, a word or phrase defined or used in Schedule 2A to the Act has the same meaning as in that Schedule.

      2.  For the recount:
          (a) a number marked on a ballot‑paper is taken to express a preference for a candidate if it is part of a sequence of consecutive unrepeated numbers beginning with 1 marked on the ballot‑paper; and
          (b) preferences expressed for:
             (i) the former member; and
             (ii) unsuccessful candidates who have not made a declaration under rule 121;
           must be disregarded; and
          (c) the numbers on ballot‑papers that show preferences subsequent to those specified in paragraph (b) are taken to be altered accordingly.

      3.  For the recount, a continuing unsuccessful candidate has an absolute majority if, after any particular transfer conducted in the course of the recount, the number of votes credited to that candidate is more than 50% of the total number of votes credited at that stage of the recount to all the continuing unsuccessful candidates.

      4.  The Returning Officer must, at the time and place fixed for the recount, in the presence of the scrutineers in attendance (if any) and a person employed or engaged under Division 4 of Part II of the Commonwealth Electoral Act 1918:
         (a) produce the ballot‑papers bearing votes credited to the former member; and
          (b) deal with those ballot‑papers in accordance with this Schedule.

      5.  The ballot-papers of the former member must be transferred to the unsuccessful candidates who have made a declaration under rule 121 by transferring each of the former member's ballot‑papers to the unsuccessful candidate for whom the highest available preference is shown on the ballot‑paper.

      6.  If an unsuccessful candidate who has made a declaration under rule 121 receives an absolute majority, that unsuccessful candidate must be declared to be elected.

      7.  If no unsuccessful candidate has an absolute majority after the process referred to in clause 5:
          (a) the unsuccessful candidate with the fewest votes must be excluded; and
          (b) each of his or her ballot‑papers must be transferred to the continuing unsuccessful candidate for whom the