Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p17
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 17/19)
Character Range: 148949–151593

marked the ballot‑paper is not clear; or
 (d) it has any mark or writing on it by which the person who marked the ballot‑paper can be identified.

3.23  Completion of the count
  After the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out:
 (a) the number of valid votes given to each candidate; and
 (b) the number of informal ballot‑papers.

3.24  Destruction of election material
  At the end of 6 months after notification of the result of the poll for an election is given under section 3.27, the returning officer may destroy:
 (a) the nominations for that election; and
 (b) the ballot‑papers, including any spoilt ballot‑papers, for the election.

Division 5—Result of election

3.25  Request for recount
 (1) At any time before notification of the result of the poll for an election is given under section 3.27, the returning officer:
 (a) on the returning officer's own initiative—may conduct a recount of any ballot‑papers received in the election; or
 (b) if a candidate makes a request, either orally or in writing, for a recount of any ballot‑papers received in the election and gives reasons for the request—must conduct a recount of the ballot‑papers.
 (2) In conducting a recount, the returning officer:
 (a) in the case of a poll by secret ballot—has the same powers for the purposes of the recount as the returning officer had in the count; and
 (b) in any other case—may make any reasonable decision in respect of the allowance and admission, or disallowance and rejection, of a vote cast in the poll.

3.26  Irregularities at election
 (1) Subject to subsection (2), if the returning officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, the returning officer may, at any time before notification of the result of the poll is given under section 3.27, declare the election to be void.
 (2) The returning officer must not declare the election to be void only because of:
 (a) a defect or irregularity in the conduct of the election that did not affect the result of the election; or
 (b) an error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Part; or
 (c) an illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless:
 (i) it is likely that the result of the election was affected by the practice; and
 (ii) it is just that the election be declared void.
 (3) If an election is declared void, section 3.27 applies as if the election had failed.

3.27  Result