Document ID: chunk:federal_register_of_legislation:F2006C00692:body:0:p14
Version: federal_register_of_legislation:F2006C00692
Segment Type: other
Provision Reference: 
Character Range: 31905–34605

any) of the candidate so elected shall be transferred in accordance with paragraphs 135C (1) (a) and (b), except that, where the candidate so elected is elected before all the votes of the excluded candidate have been transferred the surplus votes (if any) of the candidate so elected shall not be transferred until the remaining votes of the excluded candidate have been transferred in accordance with paragraphs 135D (1) (a) and (b) to continuing candidates.

 (3) Subject to subsection 135E (1), where, after the transfer of all the votes of an excluded candidate, no continuing candidate has received a number of votes greater than the quota the continuing candidate who has the fewest votes shall be excluded and that candidate's votes shall be transferred in accordance with paragraphs (1) (a) and (b).

 (4) Where a candidate is elected as a result of a transfer of the first preference votes of an excluded candidate or a transfer of all the votes of an excluded candidate that were transferred to the excluded candidate from a particular candidate, no other votes of the excluded candidate shall be transferred to the candidate so elected.

 (5) Where the candidate who has the fewest votes is required to be excluded and 2 or more candidates each have the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes shall be excluded, but if there has been no such count or transfer the returning officer shall determine by lot which candidate shall be excluded.

135E Filling final vacancies

 (1) If 2 continuing candidates remain for the last vacancy, the continuing candidate who has the larger number of votes is elected even if the number is less than the quota.

 (2) If 2 continuing candidates with an equal number of votes remain for the last vacancy, the returning officer must, in the presence of each candidate or a representative of each candidate, determine by lot which candidate is elected.

 (3) Notwithstanding any other provision of this Subdivision, where the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates shall be elected.

135F Exhausted ballot papers

 (1) Where a candidate is elected by reason that the number of first preference votes received by the candidate, or the aggregate of first preference votes received by the candidate and all other votes obtained by that candidate on transfers under this regulation, is equal to the quota, all the ballot papers expressing those votes shall be set aside as finally dealt with.

 (2) A ballot paper shall be set aside as exhausted where on a transfer it is