Document ID: chunk:federal_register_of_legislation:F2019L00484:clause:1_6
Version: federal_register_of_legislation:F2019L00484
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 19342–20317

6  Deciding which candidate is excluded
 (1) This clause applies if:
 (a) 2 or more unexcluded candidates receive the same number of votes; and
 (b) one of those candidates must be identified for exclusion under clause 5.
 (2) The returning officer must conduct an intermediate poll that involves only those unexcluded candidates to decide which of the candidates is to be excluded.
 (3) The intermediate poll must be conducted in accordance with Divisions 2, 3 and 4 of Part 2 of this instrument.
 (4) If, in the intermediate poll, a candidate receives fewer votes than any other candidate, the first‑mentioned candidate is excluded.
 (5) If, in the intermediate poll:
 (a) 2 or more candidates receive the same number of votes; and
 (b) either:
 (i) there are no other candidates; or
 (ii) each of those candidates has received fewer votes than any other candidate;
the returning officer must conduct a public draw of lots to decide which of those candidates is excluded.