Document ID: chunk:federal_register_of_legislation:C2016A00025:clause:1_29:p1
Version: federal_register_of_legislation:C2016A00025
Segment Type: clause
Provision Reference: sch 1 cl 29 (pt 1/2)
Character Range: 13250–16043

29  Subsections 273(2) to (6)
Repeal the subsections, substitute:
 (2) An Assistant Returning Officer must take the following steps in the presence of a polling official, and of any authorised scrutineers who attend:
 (a) exhibit each securely fastened ballot‑box for the inspection of the scrutineers;
 (b) record the condition of the ballot‑box;
 (c) open the ballot‑box and:
 (i) remove the ballot papers from the box; and
 (ii) count the ballot papers without inspecting them; and
 (iii) record the number of ballot papers removed from the box;
 (ca) count the number of first preference votes marked in each of the squares above the line;
 (d) make, sign and keep a copy of a statement (which may be countersigned by a polling official, and by any scrutineers who are present if they so desire) setting out the number of first preference votes marked in each of the squares above the line and the number of ballot papers;
 (da) transmit the number of first preference votes marked in each of the squares above the line to the Divisional Returning Officer as soon as practicable;
 (e) seal up the ballot papers in a securely fastened container and endorse on each container a description of the contents of the container, and permit any scrutineers present, if they so desire, to countersign the endorsement;
 (f) transmit the container to the Divisional Returning Officer for the relevant Division as soon as practicable, together with the statement under paragraph (d).
 (3) The Divisional Returning Officer for a Division must:
 (a) in relation to containers of ballot papers for the Division received under paragraph (2)(f), do the following:
 (i) open the containers of ballot papers;
 (ii) check the accuracy of the statement made under paragraph (2)(d) by carrying out the steps in paragraphs (2)(c) and (ca);
 (iii) repeat the steps in paragraphs (2)(d) to (e) (as if the reference in paragraph (2)(da) to the Divisional Returning Officer were a reference to the Australian Electoral Officer for the State that includes the Division); and
 (b) in relation to ballot‑boxes for the Division received under this Act by the Divisional Returning Officer—repeat the steps in paragraphs (2)(c) to (e) (as if the reference in paragraph (2)(da) to the Divisional Returning Officer were a reference to the Australian Electoral Officer for the State that includes the Division); and
 (c) keep a copy of:
 (i) the statement made under paragraph (2)(d) by the Assistant Returning Officer; and
 (ii) the statements made by the Divisional Returning Officer under that paragraph (as a result of subparagraph (a)(iii) and paragraph (b) of this subsection); and
 (d) transmit the containers sealed under paragraph (2)(e) (as a result of subparagraph (a)(iii) and paragraph (b) of this subsection) to