Document ID: chunk:federal_register_of_legislation:C2025C00128:section:91
Version: federal_register_of_legislation:C2025C00128
Segment Type: section
Provision Reference: s 91
Character Range: 187609–190196

91  Action at scrutiny
 (1) At the scrutiny, the following things shall be done:
 (a) the ballot papers shall be taken out of the ballot‑boxes, examined and either admitted or rejected as informal;
 (b) the number of informal ballot papers shall be recorded;
 (c) the votes on the formal ballot papers shall be counted and a record of them taken;
 (d) when the counting is completed, all the ballot papers shall be made up into separate bundles for all the informal ballot papers, all the ballot papers containing a vote in favour of the proposed law, and all the ballot papers containing a vote not in favour of the proposed law respectively or, if more than one referendum was held on the same day, into such bundles as the Electoral Commissioner directs;
 (e) each Divisional Returning Officer shall, forthwith after completing the scrutiny of the ballot papers taken from the ballot‑boxes opened by the Officer and making those ballot papers into bundles, prepare a statement showing, in relation to those ballot papers:
 (i) the number of votes given in favour of the proposed law;
 (ii) the number of votes given not in favour of the proposed law; and
 (iii) the number of ballot papers rejected as informal;
 (f) each Assistant Returning Officer shall, forthwith after completing the scrutiny of the ballot papers taken from the ballot‑boxes opened by the Officer, place the bundles of ballot papers into a securely fastened container and send the container to the relevant Divisional Returning Officer together with a statement showing, in relation to those ballot papers:
 (i) the number of votes given in favour of the proposed law;
 (ii) the number of votes given not in favour of the proposed law; and
 (iii) the number of ballot papers rejected as informal;
 (g) the Divisional Returning Officer:
 (i) shall open the containers received from the Assistant Returning Officers in or for the Division; and
 (ii) shall make a fresh scrutiny of the ballot papers contained in the containers, and, for the purpose of that scrutiny, shall have the same powers as if it were the original scrutiny, and may reverse any decision given by an Assistant Returning Officer in relation to the original scrutiny.
 (2) Ballot papers used for absent voting pursuant to section 46 shall be dealt with as provided by this Act.
 (3) Ballot papers used for voting pursuant to Part IV shall be dealt with as provided by that Part and the regulations.
 (4) Ballot papers used for voting pursuant to sections 37, 38, 39 and 65 shall be dealt with as provided by those sections and the regulations.