Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_27:p32
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 32/40)
Character Range: 105428–108366

indicated for that candidate; and
          (d) deal with the ballot‑papers in accordance with Schedule 2A to the Act.

      101  Computerised scrutiny of votes

      Computerised scrutiny available

       (1) The scrutiny may be conducted by complying with this rule.

      Processing of voter cards and voter card envelopes by Returning Officer

       (2) The Returning Officer must deal with voter cards and voter card envelopes in the way required by subrules 100 (3) to (6).

      Processing of ballot‑papers by Returning Officer

       (3) The Returning Officer must deal as follows with all ballot‑papers received by him or her:
          (a) open the ballot‑box mentioned in subparagraph 100 (6) (a) (iii) and examine the ballot‑papers it contains;
          (b) reject all ballot‑papers that are informal under subsection 143D (2) of the Act and place them in a parcel, seal the parcel and write on the parcel a description of the contents, the name of the ward and the date;
          (c) arrange the formal ballot‑papers by placing in 1 parcel under the name of each candidate all the ballot‑papers marked in accordance with subrule 92 (1) on which a first preference is shown for that candidate;
          (d) seal each parcel, write on each parcel a description of the contents, and let any scrutineers present countersign the endorsement.

      Rejection of informal ballot‑papers received by Returning Officer

       (4) The Returning Officer must:
          (a) scrutinise all the ballot‑papers received by him or her; and
          (b) reject the informal ballot‑papers.

      Determining election result

       (5) The Returning Officer must then determine the successful candidate or candidates and, if more than 1 member is to be elected, their order of election, by applying the principles set out in Schedule 2 or 3 to the Act (whether using a computer or not).

       (6) A tie at any step in the process is to be resolved in the same way as a tie in the corresponding step is resolved under rule 106.

      Rights of scrutineers

       (7) For proceedings under subrules (4) and (5) of this rule, the requirements of paragraph 99 (c) are met if the scrutineers have access to:
          (a) a record of the preferences on the ballot‑papers that have been received by the Returning Officer and whose details have been stored in the computer (including informal ballot‑papers, and formal ballot‑papers that are not sequentially numbered); and
          (b) a record of the ballot‑papers that are notionally transferred, or exhausted, at each count; and
          (c) a record of the progress of the count of the votes, at 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: