Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_27:p33
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 33/40)
Character Range: 108093–111000

each count.

      Modified rules for re‑count

       (8) If ballot‑papers that are to be re‑counted under rule 109 are in the possession of the Returning Officer immediately before the re‑count begins, the Returning 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 a person appointed or engaged under the Public Service Act 1999 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 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 scrutiny by the Returning Officer;
          (e) sign the cover of each parcel and let other persons who were present when the ballot‑papers were scrutinised add their signatures.

       (9) Subrule (10) applies 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.

       (10) For the purposes of the re‑calculation, the tie is to be resolved in favour of the candidate in whose favour it was resolved during the previous calculation.

       (11) If a re‑count is required under rule 109, the Returning Officer must conduct the re‑count by using a computer to apply the principles set out in Schedule 2 or 2A to the Act.

      102  Combination of manual and computer scrutiny permitted

        A scrutiny of votes may be conducted partly under rule 100 and partly under rule 101, as long as the requirements of at least 1 of those rules are met in relation to the scrutiny.

      103  Scrutiny of postal and pre‑poll ballot‑papers

        Subject to rule 46 the scrutiny of postal and pre‑poll ballot‑papers must be conducted as nearly as practicable in the manner provided in rule 100.

      104  Action on objections to ballot‑papers

       (1) If a scrutineer objects to a ballot‑paper as being informal, the officer conducting the scrutiny must mark the ballot‑paper 'Admitted' or 'Rejected' according to his or her decision to admit or reject the ballot‑paper.

       (2) Nothing in this rule prevents the officer conducting the scrutiny from rejecting any ballot‑paper as being informal although it is not objected to.

      105  Officers not to mark ballot‑papers so that voter can be identified

        Except as authorised by these Rules, an officer must not place on any ballot‑paper any mark or writing which would enable any person to identify the voter