Document ID: chunk:federal_register_of_legislation:F2017L00690:clause:2_1
Version: federal_register_of_legislation:F2017L00690
Segment Type: clause
Provision Reference: sch 2 cl 1
Character Range: 15935–18443

1  Procedure for counting votes

Definitions
 (1) In this instrument:
continuing candidate means a candidate not already excluded from the count.

Informal ballot papers
 (2) The returning officer must reject all informal ballot papers.

First preferences
 (3) The returning officer must count the first preference votes given for each candidate on all unrejected ballot papers.
 (4) A candidate is elected if the candidate has received more than half of the total number of first preference votes.
 (5) If 2 candidates have both received half of the total number of first preference votes, the returning officer must decide by lot which candidate is elected.

Excluding, and transferring votes of, unelected candidates
 (6) If no candidate is elected under subclause (4) or (5):
 (a) the candidate who has the fewest votes must be excluded; and
 (b) the returning officer must transfer the whole of his or her ballot papers to the continuing candidates next in order of the voters' available preferences.
 (7) If:
 (a) on any count, 2 or more candidates have an equal number of votes; and
 (b) one of them must be excluded;
the returning officer must decide by lot which will be excluded.
 (8) A continuing candidate is elected if, as a result of the transfer of votes to the continuing candidate at any stage of the scrutiny, the continuing candidate has received more than half of the votes remaining in the count.
 (9) If, as a result of the transfer of votes at any stage of the scrutiny, 2 continuing candidates have both received half of the votes remaining in the count, the returning officer must decide by lot which candidate is elected.
 (10) If no continuing candidate is elected under subclause (8) or (9), the returning officer must repeat the process of excluding the candidate with the fewest votes and the transferring of ballot papers containing those votes to the continuing candidates until a continuing candidate is elected under subclause (8) or (9).

Early exhaustion of ballot papers
 (11) A ballot paper must be treated as being finally dealt with if, on a transfer, it is found that the ballot paper:
 (a) does not show a number indicating the voter's next preference opposite to the name of a candidate who has not already been excluded; or
 (b) shows the same number as the voter's next preference opposite to the names of 2 or more candidates; or
 (c) omits to indicate the number of the voter's next preference in the numerical sequence of the order of the voter's preference.