Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_27:p34
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 34/40)
Character Range: 110753–113505

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 by whom it is used.

            Penalty:   10 penalty units.

      106  Counting of votes

       (1) For the purposes of Schedule 2A to the Act, a candidate is taken to have an absolute majority of votes if:
          (a) the number of first preference votes given to the candidate is more than half of the total number of first preference votes given to all candidates in the count; or
          (b) after an exclusion, the number of votes given to that candidate is more than half of the total number of votes given to all unexcluded candidates.

       (2) If 2 or more candidates have an equal number of votes, and 1 of those candidates is required to be identified for exclusion, the officer conducting the scrutiny must:
          (a) exclude the candidate who had the least number of votes at the last count at which those candidates did not have an equal number of votes; or
          (b) if there has been no such count — decide by lot which candidate is excluded.

       (3) If 2 unexcluded candidates have an equal number of votes and there are no other unexcluded candidates, the officer conducting the scrutiny must decide by lot which candidate is elected.

      107  Exhaustion of ballot paper

        For the purposes of Schedule 2A to the Act, a ballot paper must be set aside as exhausted if, at any stage of the count, the ballot paper expresses no preference for an unexcluded candidate.

      108  Re‑count at elections

        At any time before the declaration of the result of an election, the Returning Officer or the Electoral Commissioner may, if he or she thinks it appropriate, on the written request of a candidate setting out the reasons for the request or of his or her own initiative, direct or conduct a re‑count of the ballot‑papers in any parcel or in any other category determined by the Returning Officer or the Electoral Commissioner.

      109  Recount

       (1) Before proceeding to recount any ballot‑papers, the Returning Officer must send to each candidate notice of the time and place fixed for the recount.

       (2) The Returning Officer must, at the time and place fixed for the recount, in the presence of the scrutineer or scrutineers in attendance and of an officer of the Australian Public Service, open every sealed parcel of ballot‑papers to be recounted, and must count the votes therein.

       (3) Each parcel of ballot‑papers to be recounted must be opened separately without destroying or rendering illegible any endorsement on