Document ID: chunk:federal_register_of_legislation:C2025C00152:section:274:p4
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 274 (pt 4/5)
Character Range: 582288–584983

preference expressed on the ballot paper.
 (7AB) The ranking of candidates under paragraph (7AA)(a) is to be done as follows:
 (a) the candidate with the highest number of first preference votes is to be the first ranked candidate, the candidate with the second‑highest number of votes is to be the second ranked candidate, and so on;
 (b) if 2 or more candidates have an equal number of first preference votes, the ranking as between those candidates is to be decided, by lot, by the Divisional Returning Officer.
 (7AC) If, following the exclusion of candidates under subparagraph (7AA)(b)(ii) and the count of ballot papers under paragraph (7AA)(c), a candidate has an absolute majority of votes, that candidate is elected.
 (7A) The fresh scrutiny referred to in paragraph (7)(b) shall, if the Australian Electoral Officer for the State or Territory that includes the relevant Division so directs in writing, include a scrutiny of such preferences (other than first preferences), on such of the ballot papers, as are required by the direction, and shall be conducted in the manner specified in the direction.
 (9) If, on any count other than the final count:
 (a) 2 or more candidates (lowest ranking candidates) have an equal number of votes; and
 (b) one of them has to be excluded;
the candidate to be excluded is the candidate with less votes than any of the other lowest ranking candidates at the last count at which one of those candidates had less votes than any of the others, but, if there has been no such count, the Divisional Returning Officer must decide by lot which of them is to be excluded.
 (9A) If, in the final count, 2 or more candidates have an equal number of votes, the Divisional Returning Officer shall make a fresh scrutiny of the votes scrutinised under subsection (7) and a fresh scrutiny of all declaration ballot papers rejected at the preliminary scrutiny.
 (9B) If, after the fresh scrutinies referred to in subsection (9A), a candidate has received an absolute majority of votes, that candidate shall be elected.
 (9C) If, after the fresh scrutinies referred to in subsection (9A), 2 or more candidates have an equal number of votes, the Divisional Returning Officer shall give to the Electoral Commissioner written notice that the election cannot be decided.
 (10) In this section an absolute majority of votes means a greater number than one‑half of the whole number of ballot papers other than informal ballot papers.
 (12) The Divisional Returning Officer shall:
 (a) place in a separate parcel all the ballot papers which have been rejected as informal;
 (b) place in a separate parcel all the unrejected ballot papers; and
 (c) seal up the parcels and